Section 1 Short title
This Act may be cited as the “Due Process and Military Detention Amendments Act of 2013”.
Due Process and Military Detention Amendments Act of 2013
A BILL
To clarify the disposition of covered persons detained in the United States pursuant to the Authorization for Use of Military Force, and for other purposes.
Sec. 2 Disposition of covered persons detained in the United States pursuant to the Authorization for Use of Military Force
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—
in subsection (c), by striking “The disposition” and inserting “Except as provided in subsection (g), the disposition”; and
by adding at the end the following new subsections:
“(g) Disposition of covered persons detained in the United States
“(1) Persons detained pursuant to this Act or the Authorization for Use of Military Force—In the case of a covered person who is detained in the United States pursuant to this Act or the Authorization for Use of Military Force, disposition under the law of war shall occur immediately upon the person coming into custody of the United States Government and shall only mean the immediate transfer of the person for trial and proceedings with all the due process rights 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 this Act or the Authorization for Use of Military Force.
“(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 this Act or the Authorization for Use of Military Force.”
Sec. 3 Repeal of requirement for military custody
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Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1563; 10 U.S.C. 801 note) is hereby repealed.
Conforming amendment— Section 1029(b) of such Act (125 Stat. 1570) is amended by striking “applies to” and all that follows through “any other person” and inserting “applies to any person”.