§ 1024. PROCEDURES FOR STATUS DETERMINATIONS.
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In General .— Not later than 90 days after the date of the enactment of this Act [ Dec. 31, 2011 ], the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth the procedures for determining the status of persons detained pursuant to the Authorization for Use of Military Force ( Public Law 107–40 ; 50 U.S.C. 1541 note) for purposes of section 1021. Elements of Procedures .— The procedures required by this section shall provide for the following in the case of any unprivileged enemy belligerent who will be held in long-term detention under the law of war pursuant to the Authorization for Use of Military Force:
A military judge shall preside at proceedings for the determination of status of an unprivileged enemy belligerent. An unprivileged enemy belligerent may, at the election of the belligerent, be represented by military counsel at proceedings for the determination of status of the belligerent. Applicability .— The Secretary of Defense is not required to apply the procedures required by this section in the case of a person for whom habeas corpus review is available in a Federal court.
Report on Modification of Procedures .— The Secretary of Defense shall submit to the appropriate committees of Congress a report on any modification of the procedures submitted under this section. The report on any such modification shall be so submitted not later than 60 days before the date on which such modification goes into effect. Appropriate Committees of Congress Defined .— In this section, the term ‘appropriate committees of Congress’ means— the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
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- Pub. L. 107-40
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