I 

112TH CONGRESS 

2D SESSION H. R. 4388 

To state that nothing in the Authorization for Use of Military Force or 

the National Defense Authorization Act for Fiscal Year 2012 shall be 

construed to deny the availability of the writ of habeas corpus for 

any person who is detained in the United States pursuant to the Authorization for Use of Military Force in a court ordained or established 

by or under Article III of the Constitution. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 18, 2012 

Mr. RIGELL (for himself, Mr. LANDRY, Mr. GRIFFIN of Arkansas, Mr. HARRIS, Mr. WALSH of Illinois, Mr. CLEAVER, Mr. ROSS of Florida, Mr. 

MULVANEY, Mr. THORNBERRY, Mr. LABRADOR, Mr. JOHNSON of Illinois, 

Mr. SIMPSON, Mr. ROKITA, Mr. MILLER of Florida, Mr. YOUNG of Indiana, Mr. REED, Mr. RIBBLE, Mr. DESJARLAIS, Mr. BUCSHON, Mr. 

GOWDY, Mr. CULBERSON, Mr. WILSON of South Carolina, Mr. GINGREY

of Georgia, Mr. LANKFORD, Mr. CANSECO, Mrs. HARTZLER, and Mr. 

CONAWAY) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed 

Services, 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 state that nothing in the Authorization for Use of Military Force or the National Defense Authorization Act 

for Fiscal Year 2012 shall be construed to deny the 

availability of the writ of habeas corpus for any person 

who is detained in the United States pursuant to the 

Authorization for Use of Military Force in a court orVerDate Mar 15 2010 06:48 Apr 20, 2012 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H4388.IH H4388

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dained or established by or under Article III of the 

Constitution. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Right to Habeas Cor5 pus Act’’. 

6 SEC. 2. FINDINGS REGARDING HABEAS CORPUS RIGHTS. 

7 Congress makes the following findings: 

8 (1) Article 1, section 9 of the Constitution 

9 states ‘‘The Privilege of the Writ of Habeas Corpus 

10 shall not be suspended, unless when in Cases of Re11 bellion or Invasion the public Safety may require 

12 it.’’. 

13 (2) Regarding the Great Writ, the Supreme 

14 Court has noted ‘‘The writ of habeas corpus is the 

15 fundamental instrument for safeguarding individual 

16 freedom against arbitrary and lawless state action.’’. 

17 SEC. 3. HABEAS CORPUS RIGHTS. 

18 Nothing in the Authorization for Use of Military 

19 Force (Public Law 107–40; 50 U.S.C. 1541 note) or the 

20 National Defense Authorization Act for Fiscal Year 2012 

21 (Public Law 112–81) shall be construed to deny the avail22 ability of the writ of habeas corpus in a court ordained 

23 or established by or under Article III of the Constitution 

24 for any person who is detained in the United States pursuVerDate Mar 15 2010 06:48 Apr 20, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4388.IH H4388

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1 ant to the Authorization for Use of Military Force (Public 

2 Law 107–40; 50 U.S.C. 1541 note). 

Æ 


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