text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Detention of Enemy Combatants Act''.
  
  SEC. 2. FINDINGS.
  
      The Congress makes the following findings:
              (1) The al Qaeda terrorist organization and its leaders 
          have committed unlawful attacks against the United States, 
          including the August 7, 1998, bombings of the United States 
          Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, the 
          October 12, 2000, attack on the U.S.S. COLE (DDG-67), and the 
          September 11, 2001, attacks on the United States.
              (2) The al Qaeda terrorist organization and its leaders 
          have threatened renewed attacks on the United States and have 
          threatened the use of weapons of mass destruction.
              (3) The United Nations Security Council, in Resolutions 
          1368 and 1373, declared in September 2001 that the September 11 
          attacks against the United States constitute a threat to 
          international peace and security.
              (4) The United States is justified in exercising its right 
          of self-defense pursuant to international law and the United 
          Nations Charter.
              (5) Congress authorized the President on September 18, 
          2001, to use all necessary and appropriate force against those 
          nations, organizations, or persons that he determines to have 
          planned, authorized, committed, or aided the September 11 
          terrorist attacks or harbored such organizations or persons, in 
          order to prevent any future acts of international terrorism 
          against the United States, within the meaning of section 5(b) 
          of the War Powers Resolution.
              (6) The United States and its allies are engaged in armed 
          conflict with al Qaeda.
              (7) Al Qaeda and its terrorist allies have a presence in 
          more than 60 nations around the world, including the United 
          States. United States citizens and residents have been detained 
          as enemy combatants in the struggle against al Qaeda.
              (8) The term ``enemy combatant'' has historically referred 
          to all of the citizens of a state with which the Nation is at 
          war, and who are members of the armed force of that enemy 
          state. Enemy combatants in the present conflict, however, come 
          from many nations, wear no uniforms, and use unconventional 
          weapons. Enemy combatants in the war on terrorism are not 
          defined by simple, readily apparent criteria, such as 
          citizenship or military uniform. And the power to name a 
          citizen as an ``enemy combatant'' is therefore extraordinarily 
          broad.
              (9) There is precedent for detaining American citizens as 
          enemy combatants. In Ex Parte Quirin, 317 U.S. 1 (1942), 2 of 
          the 8 German soldiers who planned acts of sabotage within the 
          United States claimed American citizenship. Detention of enemy 
          combatants who are United States citizens is appropriate to 
          protect the safety of the public and those involved in the 
          investigation and prosecution of terrorism, to facilitate the 
          use of classified information as evidence without compromising 
          intelligence or military efforts, to gather unimpeded vital 
          information from the detainee, and otherwise to protect 
          national security interests.
              (10) The Executive must be allowed broad latitude to 
          establish by regulation and Executive order the process, 
          standards, and conditions in which a United States citizen or 
          lawful resident may be detained as an enemy combatant. Courts 
          must give broad deference to military judgment concerning the 
          determination of enemy combatant status, POW status, and 
          related questions.
              (11) Section 4001(a) of title 18, United States Code, 
          provides that ``no citizen shall be imprisoned or otherwise 
          detained by the United States except pursuant to an Act of 
          Congress''. Section 4001 was designed to repeal the Emergency 
          Detention Act of 1950, and ensure that there was a statutory 
          basis for any detention. As Chief Justice Burger wrote in Howe 
          v. Smith, 452 U.S. 473 (1981), ``the plain language of section 
          4001(a) proscribes detention of any kind by the United States, 
          absent a congressional grant of authority to detain''.
              (12) By this Act, the Congress authorizes the President to 
          detain enemy combatants who are United States persons or 
          residents who are members of al Qaeda, or knowingly cooperated 
          with members of al Qaeda in the planning, authorizing, 
          committing, aiding, or abetting of one or more terrorist acts 
          against the United States.
              (13) During wartime, a nation must take extraordinary steps 
          to protect itself, including measures that would never be 
          acceptable during peacetime. Nonetheless, ``the Constitution of 
          the United States is a law for rulers and people, equally in 
          war and in peace, and covers with the shield of its protection 
          all classes of men, at all times, and under all 
          circumstances.'' Ex Parte Milligan.
              (14) Nothing in this Act permits the Government, even in 
          wartime, to detain American citizens or other persons lawfully 
          in the United States as enemy combatants indefinitely without 
          charges and hold them incommunicado without a hearing and 
          without access to counsel on the basis of a unilateral 
          determination that the person may be connected with an 
          organization that intends harm to the United States. The 
          Supreme Court has held that a citizen held in the United States 
          as an enemy combatant must be given a meaningful opportunity to 
          challenge the factual basis for that detention before a neutral 
          decisionmaker. Hamdi v. Rumsfeld, 542 U.S. 1 (2004). The 
          Supreme Court has held that even enemy aliens within the United 
          States are entitled to habeas review of their conviction. Ex 
          Parte Quirin, 317 U.S. 1 (1942); Johnson v. Eisentrager, 339 
          U.S. 763 (1950).
              (15) The validity of the detention of citizens as enemy 
          combatants may be challenged by a writ of habeas corpus. As the 
          right of habeas corpus may be effectively nullified by denial 
          of the assistance of counsel, a citizen detained as an enemy 
          combatant may not be indefinitely denied access to counsel.
              (16) The Congress has a responsibility for maintaining 
          vigorous oversight of detention of United States citizens and 
          lawful residents to assure that such detentions are consistent 
          with due process.
  
  SEC. 3. DETENTION OF ENEMY COMBATANTS.
  
      (a) Authority.--A United States person or resident may be detained 
  as an enemy combatant in accordance with this Act if the United States 
  person or resident is a member of al Qaeda, or knowingly cooperated 
  with a member of al Qaeda in the planning, authorizing, committing, 
  aiding, or abetting of one or more terrorist acts against the United 
  States. Nothing in this Act shall apply to a United States person or 
  resident who is a prisoner of war within the meaning of the Geneva 
  Convention Relative to the Treatment of Prisoners of War, signed at 
  Geneva on August 12, 1949 (6 UST 3316).
      (b) Authority to Establish Procedural Rules.--The Secretary of 
  Defense, in consultation with the Secretary of State and the Attorney 
  General, shall prescribe and publish in the Federal Register, and 
  report to the Committees on the Judiciary of the Senate and the House 
  of Representatives, the standards, process, and criteria to be used for 
  the determination that an American citizen or lawful resident is an 
  enemy combatant under subsection (a) and for the detention of such an 
  enemy combatant.
  
  SEC. 4. PROCEDURAL REQUIREMENTS.
  
      The rules prescribed for the detention of enemy combatants shall 
  establish clear standards and procedures governing detention of a 
  United States person or resident that preserve the Government's ability 
  to detain those who may threaten the United States, assist in the 
  gathering of vital intelligence, and protect the confidentiality of 
  that information or any other information which, if released, could 
  impede the Government's investigation of terrorism. Such rules shall 
  also guarantee timely access to judicial review to challenge the basis 
  for a detention, and permit the detainee access to counsel.
  
  SEC. 5. DETENTION.
  
      (a) Duration of Detention.--
              (1) Limitation.--A United States person or resident may be 
          detained under subsection (a) of section 3 only while there is 
          in effect for the purposes of this section a certification by 
          the President that--
                      (A) the United States Armed Forces are engaged in a 
                  state of armed conflict with al Qaeda and an 
                  investigation with a view toward prosecution, a 
                  prosecution, or a post-trial proceeding in the case of 
                  such person or resident is ongoing; or
                      (B) detention is warranted in order to prevent such 
                  person or resident from aiding persons attempting to 
                  commit terrorist acts against the United States.
              (2) Certification and recertification.--A certification 
          referred to in paragraph (1) shall be effective for 180 days. 
          The President may make successive certifications under that 
          paragraph.
      (b) Detention Review.--The United States District Court for the 
  District of Columbia shall have exclusive jurisdiction to review any 
  detention under this Act to ensure that the requirements of this Act 
  for detaining an accused are satisfied.
      (c) Conditions of Detention.--A person detained under this Act 
  shall be--
              (1) detained at an appropriate location designated by the 
          Secretary of Defense;
              (2) treated humanely, without any adverse distinction based 
          on race, color, religion, gender, birth, wealth, or any similar 
          criteria;
              (3) afforded adequate food, drinking water, shelter, 
          clothing, and medical treatment;
              (4) sheltered under hygienic conditions and provided 
          necessary means of personal hygiene; and
              (5) allowed the free exercise of religion consistent with 
          the requirements of such detention.
  
  SEC. 6. REPORTS TO CONGRESS.
  
      Not less often than once every 12 months, the President shall 
  submit to the Congress a report on the use of the authority provided by 
  this Act. Each such report shall specify each individual subject to, or 
  detained pursuant to, the authority provided by this Act.
  
  SEC. 7. UNITED STATES PERSON OR RESIDENT DEFINED.
  
      In this Act, the term ``United States person or resident'' means--
              (1) a United States person, as such term is defined in 
          section 101(i) of the Foreign Intelligence Surveillance Act of 
          1978 (50 U.S.C. 1801(i)); or
              (2) an alien lawfully admitted to the United States for 
          permanent residence.
  
  SEC. 8. TERMINATION OF AUTHORITY.
  
      The authority under this Act may not be exercised after December 
  31, 2007.
target: Detention of Enemy Combatants Act - Authorizes the detention of a U.S. person or resident (excluding a prisoner of war) as an enemy combatant if that individual is an al Qaeda member or knowingly cooperated with an al Qaeda member in planning, authorizing, committing, aiding, or abetting a terrorist act against the United States. Directs the Secretary of Defense to prescribe, publish, and report the standards, process, and criteria: (1) to be used in determining that an American citizen or lawful resident is an enemy combatant; and (2) for that individual's detention. Requires rules for the detention of enemy combatants to: (1) establish clear standards and procedures that meet specified requirements, including preserving the Government's ability to detain those who may threaten the United States; and (2) guarantee timely access to judicial review and permit the detainee access to counsel.Authorizes a U.S. person to be detained as an enemy combatant only while there is in effect a presidential certification that: (1) the U.S. armed forces are in a state of armed conflict with al Qaeda and an investigation, prosecution, or post-trial proceeding regarding such person is ongoing; or (2) detention is warranted to prevent such individual from aiding persons attempting to commit terrorist acts against the United States.Grants the U.S. District Court for the District of Columbia exclusive jurisdiction to review any detention under this Act.Requires that detainees be: (1) detained at an appropriate location; (2) treated humanely; (3) afforded adequate food, water, shelter, clothing, and medical treatment; (4) sheltered under hygienic conditions; and (5) allowed the free exercise of religion consistent with specified requirements.
feat_title: To authorize the President to detain an enemy combatant who is a United States person or resident who is a member of al Qaeda or knowingly cooperated with members of al Qaeda, to guarantee timely access to judicial review to challenge the basis for a detention, to permit the detainee access to counsel, and for other purposes.