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 Ten-
nessee, 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 de-
termined 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 Authoriza-
tion for Use of Military Force and to repeal the require-
ment for military custody. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Due Process and Mili-
tary Detention Amendments Act’’. 
SEC. 2. DISPOSITION OF COVERED PERSONS DETAINED IN 
THE UNITED STATES PURSUANT TO THE AU-
THORIZATION 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 disposi-
tion’’ and inserting ‘‘Except as provided in sub-
section (g), the disposition’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(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 Au-
thorization 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 Ar-
ticle 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.’’. 
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SEC. 3. REPEAL OF REQUIREMENT FOR MILITARY CUS-
TODY. 
(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’’. 
Æ 
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