REQUIREMENT FOR CONSULTATION REGARDING PROSECUTION OF TERRORISTS.

SEC. 1029. [10 U.S.C. 801 note] REQUIREMENT FOR CONSULTATION REGARDING PROSECUTION OF TERRORISTS. (a) In General.—Before seeking an indictment of, or otherwise charging, an individual described in subsection (b) in a Federal court, the Attorney General shall consult with the Director of National Intelligence and the Secretary of Defense about— (1) whether the more appropriate forum for prosecution would be a Federal court or a military commission; and (2) whether the individual should be held in civilian custody or military custody pending prosecution. (b) Applicability.—The consultation requirement in subsection (a) applies to— (1) a person who is subject to the requirements of section 1022, in accordance with a determination made pursuant to subsection (a)(2) of such section; and (2) any other person who is held in military detention outside of the United States pursuant to the authority affirmed by section 1021.