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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4192 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4192

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.

_______________________________________________________________________

                    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

_______________________________________________________________________

                                 A BILL

 
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Due Process and Military Detention 
Amendments Act''.

SEC. 2. 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--
            (1) in subsection (c), by striking ``The disposition'' and 
        inserting ``Except as provided in subsection (g), the 
        disposition''; and
            (2) by adding at the end the following new subsection:
    ``(g) 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.''.

SEC. 3. REPEAL OF REQUIREMENT FOR MILITARY CUSTODY.

    (a) Repeal.--Section 1022 of the National Defense Authorization Act 
for Fiscal Year 2012 is hereby repealed.
    (b) Conforming Amendment.--Section 1029(b) of such Act is amended 
by striking ``applies to'' and all that follows through ``any other 
person'' and inserting ``applies to any person''.
                                 <all>
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