H. R. 4192
IN THE HOUSE OF REPRESENTATIVES
March 8, 2012
Mr. Smith of Washington (for himself, Mr. Berman, Mr. Duncan of Tennessee, Mr. Andrews, Ms. Bordallo, Mr. Critz, Mr. Larsen of Washington, Ms. Pingree of Maine, Mr. George Miller of California, Mr. Johnson of Georgia, Mrs. Davis of California, Mr. Reyes, Ms. Speier, Mr. Filner, Mr. Rush, Mr. Courtney, Mr. Capuano, Mr. Farr, Mr. Johnson of Illinois, Mr. Moran, Mr. Waxman, Mr. Tonko, Mr. Price of North Carolina, Ms. Hahn, Mr. Hastings of Florida, Mr. Carnahan, Mr. Welch, Mr. McGovern, Mr. McDermott, Mr. Michaud, Mr. Higgins, Mr. Holt, Mrs. Capps, Ms. McCollum, Ms. Hirono, Mr. Doggett, and Mr. Inslee) 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
To amend the National Defense Authorization Act for Fiscal Year 2012 to provide for the trial of covered persons detained in the United States pursuant to the Authorization for Use of Military Force and to repeal the requirement for military custody.
This Act may be cited as the
Due Process and Military Detention
Disposition of covered persons detained in the United States pursuant to the Authorization for Use of Military Force
Section 1021 of the National Defense Authorization Act for Fiscal Year 2012 is amended—
in subsection (c),
The disposition and inserting
provided in subsection (g), the disposition; and
by adding at the end the following new subsection:
Disposition of covered persons detained in the United States
In the case of a covered person who is detained in the United States pursuant to the Authorization for Use of Military Force, disposition under the law of war shall only mean the transfer of the person for trial and proceedings by a court established under Article III of the Constitution of the United States or by an appropriate State court. Such trial and proceedings shall have all the due process as provided for under the Constitution of the United States.
Repeal of requirement for military custody
Section 1022 of the National Defense Authorization Act for Fiscal Year 2012 is hereby repealed.
Section 1029(b) of such Act is amended by striking
applies to and all that follows through
person and inserting
applies to any person.