I 

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. 


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2 

•HR 4192 IH

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 ‘‘Due Process and Mili5 tary Detention Amendments Act’’. 

6 SEC. 2. DISPOSITION OF COVERED PERSONS DETAINED IN 

7 THE UNITED STATES PURSUANT TO THE AU8 THORIZATION FOR USE OF MILITARY FORCE. 

9 Section 1021 of the National Defense Authorization 

10 Act for Fiscal Year 2012 is amended— 

11 (1) in subsection (c), by striking ‘‘The disposi12 tion’’ and inserting ‘‘Except as provided in sub13 section (g), the disposition’’; and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(g) DISPOSITION OF COVERED PERSONS DETAINED

17 IN THE UNITED STATES.—In the case of a covered person 

18 who is detained in the United States pursuant to the Au19 thorization for Use of Military Force, disposition under 

20 the law of war shall only mean the transfer of the person 

21 for trial and proceedings by a court established under Ar22 ticle III of the Constitution of the United States or by 

23 an appropriate State court. Such trial and proceedings 

24 shall have all the due process as provided for under the 

25 Constitution of the United States.’’. 


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•HR 4192 IH

1 SEC. 3. REPEAL OF REQUIREMENT FOR MILITARY CUS2 TODY. 

3 (a) REPEAL.—Section 1022 of the National Defense 

4 Authorization Act for Fiscal Year 2012 is hereby repealed. 

5 (b) CONFORMING AMENDMENT.—Section 1029(b) of 

6 such Act is amended by striking ‘‘applies to’’ and all that 

7 follows through ‘‘any other person’’ and inserting ‘‘applies 

8 to any person’’. 

Æ 


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