Due Process and Military Detention Amendments Act

Bill: 113-hr-2325
Sponsor: full_name: Rep. Smith, Adam [D-WA-9]
Introduced: 2013-06-11
Policy area: Armed Forces and National Security
Subjects: Criminal procedure and sentencing

Detention of persons

Due process and equal protection

Military law

Military operations and strategy

Terrorism
Latest action: action_date: 2013-06-11
text: Referred to the Committee on Armed Services, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Summaries:
action_date: 2013-06-11
action_desc: Introduced in House
text: <p> Due Process and Military Detention Amendments Act - Amends the National Defense Authorization Act for Fiscal Year 2012 (such Act) to provide that, in the case of a person detained in the United States pursuant to the Authorization for Use of Military Force or such Act, disposition under the law of war shall occur immediately upon custody and shall only mean transfer for trial and proceedings by a court established under article III of the Constitution or an appropriate state court. Requires such trial and proceedings to have all due process provided under the Constitution.</p> <p>Prohibits any person detained, captured, or arrested in the United States or a U.S. territory or possession from being transferred to the custody of the Armed Forces for detention under the Authorization for Use of Military Force or such Act.</p> <p>Repeals the requirement of detention in military custody pending disposition under the law of war for individuals determined to be a member or part of al Qaeda or an associated force who has participated in planning or carrying out an attack or attempted attack against the United States or its coalition partners.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 2325 IN THE HOUSE OF REPRESENTATIVES June 11, 2013 Mr. Smith of Washington (for himself and Mr. Gibson ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the disposition of certain persons detained in the United States pursuant to the Authorization for Use of Military Force.

1. Short title This Act may be cited as the Due Process and Military Detention Amendments Act . 2. Disposition of covered persons detained in the United States pursuant to the Authorization for Use of Military Force (a) Disposition Section 1021 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1562; 10 U.S.C. 801 note) is amended— (1) in subsection (c), by striking The disposition and inserting Except as provided in subsection (g), the disposition ; and (2) by adding at the end the following new subsections: (g) Disposition of persons detained in the United States (1) Persons detained pursuant to the Authorization for Use of Military Force or the Fiscal Year 2012 National Defense Authorization Act In the case of a covered person who is detained in the United States, or a territory or possession of the United States, pursuant to the Authorization for Use of Military Force ( Public Law 107–40 ; 50 U.S.C. 1541 note) or this Act, disposition under the law of war shall occur immediately upon the person coming into custody of the Federal Government and shall only mean the immediate transfer of the person for trial and proceedings by a court established under article III of the Constitution of the United States or by an appropriate State court. Such trial and proceedings shall have all the due process as provided for under the Constitution of the United States. (2) Prohibition on transfer to military custody No person detained, captured, or arrested in the United States, or a territory or possession of the United States, may be transferred to the custody of the Armed Forces for detention under the Authorization for Use of Military Force or this Act. (h) Rule of construction This section shall not be construed to authorize the detention of a person within the United States, or a territory or possession of the United States, under the Authorization for Use of Military Force or this Act. . (b) Repeal of requirement for military custody (1) Repeal Section 1022 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1563; 10 U.S.C. 801 note) is hereby repealed. (2) Conforming amendment Section 1029(b) of such Act ( Public Law 112–81 ; 125 Stat. 1569; 10 U.S.C. 801 note) is amended by striking applies to and all that follows through any other person and inserting applies to any person .