I would bet NOT one person in Congress READ this in total.
This is ambiguous & since Obama called for the killing of an American (and he was killed) for promoting the killing of Americans, without a trial, I want clearer language.
SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.
(a) Custody Pending Disposition Under Law of War.--
(1) In general.--Except as provided in paragraph (4), the
Armed Forces of the United States shall hold a person described
in paragraph (2) who is captured in the course of hostilities
authorized by the Authorization for Use of Military Force
(Public Law 107-40) in military custody pending disposition
under the law of war.
((2) Covered persons.--The requirement in paragraph (1)
shall apply to any person whose detention is authorized under
section 1031 who is determined--
A) to be a member of, or part of, al-Qaeda or an
associated force that acts in coordination with or
pursuant to the direction of al-Qaeda; and
(B) to have participated in the course of planning
or carrying out an attack or attempted attack against
the United States or its coalition partners.
(3) Disposition under law of war.--For purposes of this
subsection, the disposition of a person under the law of war
has the meaning given in section 1031(c), except that no
transfer otherwise described in paragraph (4) of that section
shall be made unless consistent with the requirements of
section 1033.
(4) Waiver for national security.--The Secretary of Defense
may, in consultation with the Secretary of State and the
Director of National Intelligence, waive the requirement of
paragraph (1) if the Secretary submits to Congress a
certification in writing that such a waiver is in the national
security interests of the United States.
(b) Applicability to United States Citizens and Lawful Resident
Aliens.--
(1) United states citizens.--The requirement to detain a
person in military custody under this section does not extend
to citizens of the United States.
(2) Lawful resident aliens.--The requirement to detain a
person in military custody under this section does not extend
to a lawful resident alien of the United States on the basis of
conduct taking place within the United States, except to the
extent permitted by the Constitution of the United States.
(c) Implementation Procedures.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the President shall issue, and
submit to Congress, procedures for implementing this section.
(2) Elements.--The procedures for implementing this section
shall include, but not be limited to, procedures as follows:
(A) Procedures designating the persons authorized
to make determinations under subsection (a)(2) and the
process by which such determinations are to be made.
(B) Procedures providing that the requirement for
military custody under subsection (a)(1) does not
require the interruption of ongoing surveillance or
intelligence gathering with regard to persons not
already in the custody or control of the United States.
(C) Procedures providing that a determination under
subsection (a)(2) is not required to be implemented
until after the conclusion of an interrogation session
which is ongoing at the time the determination is made
and does not require the interruption of any such
ongoing session.
(D) Procedures providing that the requirement for
military custody under subsection (a)(1) does not apply
when intelligence, law enforcement, or other government
officials of the United States are granted access to an
individual who remains in the custody of a third
country.
(E) Procedures providing that a certification of
national security interests under subsection (a)(4) may
be granted for the purpose of transferring a covered
person from a third country if such a transfer is in
the interest of the United States and could not
otherwise be accomplished.
(d) Effective Date.--This section shall take effect on the date
that is 60 days after the date of the enactment of this Act, and shall
apply with respect to persons described in subsection (a)(2) who are
taken into the custody or brought under the control of the United
States on or after that effective date.
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