http://www.gpo.gov/fdsys/pkg/BILLS-112s1867es/pdf/BILLS-112s1867es.pdf the bill in it's entirety.....

Here are the amendments;http://www.govtrack.us/congress/bill.xpd?bill=s112-1867&tab...

Here is H.R. 1540

http://thomas.loc.gov/cgi-bin/bdquery/z?d112:s1867:

There is nothing that states that this includes American citizens..Do not fret!!!

This has been ongoing since the early '90s and is nothing new!!

for instance H.R 1544 from 2005; http://thomas.loc.gov/cgi-bin/bdquery/z?d109:H.R.1544:

WE HAVE A COMMITEE OF LEARNED INDIVIDUALS BRINGING YOU THE FACTS!!

Subtitle D—Detainee Matters
16 SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED
17 FORCES OF THE UNITED STATES TO DETAIN
18 COVERED PERSONS PURSUANT TO THE AU19
THORIZATION FOR USE OF MILITARY FORCE.
20 (a) IN GENERAL.—Congress affirms that the author21
ity of the President to use all necessary and appropriate
22 force pursuant to the Authorization for Use of Military
23 Force (Public Law 107–40) includes the authority for the
24 Armed Forces of the United States to detain covered per427
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1 sons (as defined in subsection (b)) pending disposition
2 under the law of war.
3 (b) COVERED PERSONS.—A covered person under
4 this section is any person as follows:
5 (1) A person who planned, authorized, com6
mitted, or aided the terrorist attacks that occurred
7 on September 11, 2001, or harbored those respon8
sible for those attacks.
9 (2) A person who was a part of or substantially
10 supported al-Qaeda, the Taliban, or associated forces
11 that are engaged in hostilities against the United
12 States or its coalition partners, including any person
13 who has committed a belligerent act or has directly
14 supported such hostilities in aid of such enemy
15 forces.
16 (c) DISPOSITION UNDER LAW OF WAR.—The dis17
position of a person under the law of war as described
18 in subsection (a) may include the following:
19 (1) Detention under the law of war without
20 trial until the end of the hostilities authorized by the
21 Authorization for Use of Military Force.
22 (2) Trial under chapter 47A of title 10, United
23 States Code (as amended by the Military Commis24
sions Act of 2009 (title XVIII of Public Law 111–
25 84)).
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1 (3) Transfer for trial by an alternative court or
2 competent tribunal having lawful jurisdiction.
3 (4) Transfer to the custody or control of the
4 person’s country of origin, any other foreign coun5
try, or any other foreign entity.
6 (d) CONSTRUCTION.—Nothing in this section is in7
tended to limit or expand the authority of the President
8 or the scope of the Authorization for Use of Military
9 Force.
10 (e) AUTHORITIES.—Nothing in this section shall be
11 construed to affect existing law or authorities, relating to
12 the detention of United States citizens, lawful resident
13 aliens of the United States or any other persons who are
14 captured or arrested in the United States.
15 (f) REQUIREMENT FOR BRIEFINGS OF CONGRESS.—
16 The Secretary of Defense shall regularly brief Congress
17 regarding the application of the authority described in this
18 section, including the organizations, entities, and individ19
uals considered to be ‘‘covered persons’’ for purposes of
20 subsection (b)(2).
21 SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.
22 (a) CUSTODY PENDING DISPOSITION UNDER LAW OF
23 WAR.—
24 (1) IN GENERAL.—Except as provided in para25
graph (4), the Armed Forces of the United States
429
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1 shall hold a person described in paragraph (2) who
2 is captured in the course of hostilities authorized by
3 the Authorization for Use of Military Force (Public
4 Law 107–40) in military custody pending disposition
5 under the law of war.
6 (2) COVERED PERSONS.—The requirement in
7 paragraph (1) shall apply to any person whose de8
tention is authorized under section 1031 who is de9
termined—
10 (A) to be a member of, or part of, al-
11 Qaeda or an associated force that acts in co12
ordination with or pursuant to the direction of
13 al-Qaeda; and
14 (B) to have participated in the course of
15 planning or carrying out an attack or attempted
16 attack against the United States or its coalition
17 partners.
18 (3) DISPOSITION UNDER LAW OF WAR.—For
19 purposes of this subsection, the disposition of a per20
son under the law of war has the meaning given in
21 section 1031(c), except that no transfer otherwise
22 described in paragraph (4) of that section shall be
23 made unless consistent with the requirements of sec24
tion 1033.
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1 (4) WAIVER FOR NATIONAL SECURITY.—The
2 Secretary of Defense may, in consultation with the
3 Secretary of State and the Director of National In4
telligence, waive the requirement of paragraph (1) if
5 the Secretary submits to Congress a certification in
6 writing that such a waiver is in the national security
7 interests of the United States.
8 (b) APPLICABILITY TO UNITED STATES CITIZENS
9 AND LAWFUL RESIDENT ALIENS.—
10 (1) UNITED STATES CITIZENS.—The require11
ment to detain a person in military custody under
12 this section does not extend to citizens of the United
13 States.
14 (2) LAWFUL RESIDENT ALIENS.—The require15
ment to detain a person in military custody under
16 this section does not extend to a lawful resident
17 alien of the United States on the basis of conduct
18 taking place within the United States, except to the
19 extent permitted by the Constitution of the United
20 States.
21 (c) IMPLEMENTATION PROCEDURES.—
22 (1) IN GENERAL.—Not later than 60 days after
23 the date of the enactment of this Act, the President
24 shall issue, and submit to Congress, procedures for
25 implementing this section.
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1 (2) ELEMENTS.—The procedures for imple2
menting this section shall include, but not be limited
3 to, procedures as follows:
4 (A) Procedures designating the persons au5
thorized to make determinations under sub6
section (a)(2) and the process by which such
7 determinations are to be made.
8 (B) Procedures providing that the require9
ment for military custody under subsection
10 (a)(1) does not require the interruption of ongo11
ing surveillance or intelligence gathering with
12 regard to persons not already in the custody or
13 control of the United States.
14 (C) Procedures providing that a determina15
tion under subsection (a)(2) is not required to
16 be implemented until after the conclusion of an
17 interrogation session which is ongoing at the
18 time the determination is made and does not
19 require the interruption of any such ongoing
20 session.
21 (D) Procedures providing that the require22
ment for military custody under subsection
23 (a)(1) does not apply when intelligence, law en24
forcement, or other government officials of the
25 United States are granted access to an indi432
† S 1867 ES
1 vidual who remains in the custody of a third
2 country.
3 (E) Procedures providing that a certifi4
cation of national security interests under sub5
section (a)(4) may be granted for the purpose
6 of transferring a covered person from a third
7 country if such a transfer is in the interest of
8 the United States and could not otherwise be
9 accomplished.
10 (d) EFFECTIVE DATE.—This section shall take effect
11 on the date that is 60 days after the date of the enactment
12 of this Act, and shall apply with respect to persons de13
scribed in subsection (a)(2) who are taken into the custody
14 or brought under the control of the United States on or
15 after that effective date.

SEC. 1033. REQUIREMENTS FOR CERTIFICATIONS RELAT17
ING TO THE TRANSFER OF DETAINEES AT
18 UNITED STATES NAVAL STATION, GUANTA19
NAMO BAY, CUBA, TO FOREIGN COUNTRIES
20 AND OTHER FOREIGN ENTITIES.
21 (a) CERTIFICATION REQUIRED PRIOR TO TRANS22
FER.—
23 (1) IN GENERAL.—Except as provided in para24
graph (2) and subsection (d), the Secretary of De25
fense may not use any amounts authorized to be ap433
† S 1867 ES
1 propriated or otherwise available to the Department
2 of Defense for fiscal year 2012 to transfer any indi3
vidual detained at Guantanamo to the custody or
4 control of the individual’s country of origin, any
5 other foreign country, or any other foreign entity
6 unless the Secretary submits to Congress the certifi7
cation described in subsection (b) not later than 30
8 days before the transfer of the individual.
9 (2) EXCEPTION.—Paragraph (1) shall not
10 apply to any action taken by the Secretary to trans11
fer any individual detained at Guantanamo to effec12
tuate—
13 (A) an order affecting the disposition of
14 the individual that is issued by a court or com15
petent tribunal of the United States having law16
ful jurisdiction (which the Secretary shall notify
17 Congress of promptly after issuance); or
18 (B) a pre-trial agreement entered in a mili19
tary commission case prior to the date of the
20 enactment of this Act.
21 (b) CERTIFICATION.—A certification described in this
22 subsection is a written certification made by the Secretary
23 of Defense, with the concurrence of the Secretary of State
24 and in consultation with the Director of National Intel25
ligence, that the government of the foreign country or the
434
† S 1867 ES
1 recognized leadership of the foreign entity to which the
2 individual detained at Guantanamo is to be transferred—
3 (1) is not a designated state sponsor of ter4
rorism or a designated foreign terrorist organization;
5 (2) maintains control over each detention facil6
ity in which the individual is to be detained if the
7 individual is to be housed in a detention facility;
8 (3) is not, as of the date of the certification,
9 facing a threat that is likely to substantially affect
10 its ability to exercise control over the individual;
11 (4) has taken or agreed to take effective actions
12 to ensure that the individual cannot take action to
13 threaten the United States, its citizens, or its allies
14 in the future;
15 (5) has taken or agreed to take such actions as
16 the Secretary of Defense determines are necessary to
17 ensure that the individual cannot engage or re18
engage in any terrorist activity; and
19 (6) has agreed to share with the United States
20 any information that—
21 (A) is related to the individual or any asso22
ciates of the individual; and
23 (B) could affect the security of the United
24 States, its citizens, or its allies.
435
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1 (c) PROHIBITION IN CASES OF PRIOR CONFIRMED
2 RECIDIVISM.—
3 (1) PROHIBITION.—Except as provided in para4
graph (2) and subsection (d), the Secretary of De5
fense may not use any amounts authorized to be ap6
propriated or otherwise made available to the De7
partment of Defense to transfer any individual de8
tained at Guantanamo to the custody or control of
9 the individual’s country of origin, any other foreign
10 country, or any other foreign entity if there is a con11
firmed case of any individual who was detained at
12 United States Naval Station, Guantanamo Bay,
13 Cuba, at any time after September 11, 2001, who
14 was transferred to such foreign country or entity
15 and subsequently engaged in any terrorist activity.
16 (2) EXCEPTION.—Paragraph (1) shall not
17 apply to any action taken by the Secretary to trans18
fer any individual detained at Guantanamo to effec19
tuate—
20 (A) an order affecting the disposition of
21 the individual that is issued by a court or com22
petent tribunal of the United States having law23
ful jurisdiction (which the Secretary shall notify
24 Congress of promptly after issuance); or
436
† S 1867 ES
1 (B) a pre-trial agreement entered in a mili2
tary commission case prior to the date of the
3 enactment of this Act.
4 (d) NATIONAL SECURITY WAIVER.—
5 (1) IN GENERAL.—The Secretary of Defense
6 may waive the applicability to a detainee transfer of
7 a certification requirement specified in paragraph
8 (4) or (5) of subsection (b) or the prohibition in sub9
section (c) if the Secretary, with the concurrence of
10 the Secretary of State and in consultation with the
11 Director of National Intelligence, determines that—
12 (A) alternative actions will be taken to ad13
dress the underlying purpose of the requirement
14 or requirements to be waived;
15 (B) in the case of a waiver of paragraph
16 (4) or (5) of subsection (b), it is not possible
17 to certify that the risks addressed in the para18
graph to be waived have been completely elimi19
nated, but the actions to be taken under sub20
paragraph (A) will substantially mitigate such
21 risks with regard to the individual to be trans22
ferred;
23 (C) in the case of a waiver of subsection
24 (c), the Secretary has considered any confirmed
25 case in which an individual who was transferred
437
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1 to the country subsequently engaged in terrorist
2 activity, and the actions to be taken under sub3
paragraph (A) will substantially mitigate the
4 risk of recidivism with regard to the individual
5 to be transferred; and
6 (D) the transfer is in the national security
7 interests of the United States.
8 (2) REPORTS.—Whenever the Secretary makes
9 a determination under paragraph (1), the Secretary
10 shall submit to the appropriate committees of Con11
gress, not later than 30 days before the transfer of
12 the individual concerned, the following:
13 (A) A copy of the determination and the
14 waiver concerned.
15 (B) A statement of the basis for the deter16
mination, including—
17 (i) an explanation why the transfer is
18 in the national security interests of the
19 United States; and
20 (ii) in the case of a waiver of para21
graph (4) or (5) of subsection (b), an ex22
planation why it is not possible to certify
23 that the risks addressed in the paragraph
24 to be waived have been completely elimi25
nated.
438
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1 (C) A summary of the alternative actions
2 to be taken to address the underlying purpose
3 of, and to mitigate the risks addressed in, the
4 paragraph or subsection to be waived.
5 (e) DEFINITIONS.—In this section:
6 (1) The term ‘‘appropriate committees of Con7
gress’’ means—
8 (A) the Committee on Armed Services, the
9 Committee on Appropriations, and the Select
10 Committee on Intelligence of the Senate; and
11 (B) the Committee on Armed Services, the
12 Committee on Appropriations, and the Perma13
nent Select Committee on Intelligence of the
14 House of Representatives.
15 (2) The term ‘‘individual detained at Guanta16
namo’’ means any individual located at United
17 States Naval Station, Guantanamo Bay, Cuba, as of
18 October 1, 2009, who—
19 (A) is not a citizen of the United States or
20 a member of the Armed Forces of the United
21 States; and
22 (B) is—
23 (i) in the custody or under the control
24 of the Department of Defense; or
439
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1 (ii) otherwise under detention at
2 United States Naval Station, Guantanamo
3 Bay, Cuba.
4 (3) The term ‘‘foreign terrorist organization’’
5 means any organization so designated by the Sec6
retary of State under section 219 of the Immigra7
tion and Nationality Act (8 U.S.C. 1189).
8 (f) REPEAL OF SUPERSEDED AUTHORITY.—Section
9 1033 of the Ike Skelton National Defense Authorization
10 Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat.
11 4351) is repealed.