I 

112TH CONGRESS 

2D SESSION H. R. 4092 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 27, 2012 

Mr. GIBSON 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•HR 4092 IH

1 SECTION 1. CLARIFICATION OF RELATIONSHIP OF CON2 STITUTIONAL RIGHTS TO PROVISIONS OF 

3 LAW RELATING TO THE MILITARY DETEN4 TION OF CERTAIN COVERED PERSONS. 

5 The National Defense Authorization Act for Fiscal 

6 Year 2012 (Public Law 112–81) is amended— 

7 (1) in section 1021, by adding at the end the 

8 following new subsection: 

9 ‘‘(g) PRESERVATION OF CONSTITUTIONAL RIGHTS.— 

10 Notwithstanding any other provision of this section, the 

11 writ of habeas corpus shall remain available to any indi12 vidual detained within the United States and no American 

13 citizen or lawful resident may be detained without all the 

14 rights of due process to include, but not limited to— 

15 ‘‘(1) the right to a speedy and public trial by 

16 an impartial jury; 

17 ‘‘(2) the right to be informed of the nature of 

18 the accusation; 

19 ‘‘(3) the right to be confronted with the wit20 nesses against them; 

21 ‘‘(4) the right to have compulsory process for 

22 obtaining witnesses in their favor; 

23 ‘‘(5) the right to have the assistance of legal 

24 counsel; and 

25 ‘‘(6) all other rights afforded to them by the 

26 Constitution of the United States.’’; and 


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•HR 4092 IH

1 (2) in section 1022, by adding at the end the 

2 following new subsection: 

3 ‘‘(f) PRESERVATION OF CONSTITUTIONAL RIGHTS.— 

4 Notwithstanding any other provision of this section, the 

5 writ of habeas corpus shall remain available to any indi6 vidual detained within the United States and no American 

7 citizen or lawful resident may be detained without all the 

8 rights of due process to include, but not limited to— 

9 ‘‘(1) the right to a speedy and public trial by 

10 an impartial jury; 

11 ‘‘(2) the right to be informed of the nature of 

12 the accusation; 

13 ‘‘(3) the right to be confronted with the wit14 nesses against them; 

15 ‘‘(4) the right to have compulsory process for 

16 obtaining witnesses in their favor; 

17 ‘‘(5) the right to have the assistance of legal 

18 counsel; and 

19 ‘‘(6) all other rights afforded to them by the 

20 Constitution of the United States.’’. 

Æ 


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