H.R. 4092 (112th): To amend the National Defense Authorization Act for Fiscal Year 2012 to provide clarification of the relationship ...

...of certain constitutional rights to provisions of law relating to the military detention of certain covered person.

112th Congress, 2011–2013. Text as of Feb 27, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

2d Session

H. R. 4092

IN THE HOUSE OF REPRESENTATIVES

February 27, 2012

introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the National Defense Authorization Act for Fiscal Year 2012 to provide clarification of the relationship of certain constitutional rights to provisions of law relating to the military detention of certain covered person.

1.

Clarification of relationship of constitutional rights to provisions of law relating to the military detention of certain covered persons

The National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) is amended—

(1)

in section 1021, by adding at the end the following new subsection:

(g)

Preservation of constitutional rights

Notwithstanding any other provision of this section, the writ of habeas corpus shall remain available to any individual detained within the United States and no American citizen or lawful resident may be detained without all the rights of due process to include, but not limited to—

(1)

the right to a speedy and public trial by an impartial jury;

(2)

the right to be informed of the nature of the accusation;

(3)

the right to be confronted with the witnesses against them;

(4)

the right to have compulsory process for obtaining witnesses in their favor;

(5)

the right to have the assistance of legal counsel; and

(6)

all other rights afforded to them by the Constitution of the United States.

; and

(2)

in section 1022, by adding at the end the following new subsection:

(f)

Preservation of constitutional rights

Notwithstanding any other provision of this section, the writ of habeas corpus shall remain available to any individual detained within the United States and no American citizen or lawful resident may be detained without all the rights of due process to include, but not limited to—

(1)

the right to a speedy and public trial by an impartial jury;

(2)

the right to be informed of the nature of the accusation;

(3)

the right to be confronted with the witnesses against them;

(4)

the right to have compulsory process for obtaining witnesses in their favor;

(5)

the right to have the assistance of legal counsel; and

(6)

all other rights afforded to them by the Constitution of the United States.

.