I 
112TH CONGRESS 
2D SESSION 
H. R. 5936 
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 or the National 
Defense Authorization Act for Fiscal Year 2012 and to repeal the re-
quirement for military custody. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 8, 2012 
Mr. GARAMENDI (for himself, Mr. SMITH of Washington, Mr. AMASH, and Mr. 
PERLMUTTER) introduced the following bill; which was referred to the 
Committee on Armed Services, and in addition to the Committee on For-
eign Affairs, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction 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 or the National Defense 
Authorization Act for Fiscal Year 2012 and to repeal 
the requirement for military custody. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Civil Liberties Act of 
2012’’. 
SEC. 2. DISPOSITION OF COVERED PERSONS DETAINED IN 
THE UNITED STATES PURSUANT TO THE AU-
THORIZATION FOR USE OF MILITARY FORCE. 
(a) DISPOSITION.—Section 1021 of the National De-
fense Authorization Act for Fiscal Year 2012 (Public Law 
112–81; 125 Stat. 1562) 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-
sections: 
‘‘(g) DISPOSITION OF PERSONS DETAINED IN THE 
UNITED STATES.— 
‘‘(1) PERSONS DETAINED PURSUANT TO THE 
AUTHORIZATION FOR USE OF MILITARY FORCE OR 
THIS ACT.—In the case of a covered person who is 
detained in the United States, or a territory or pos-
session of the United States, pursuant to the Au-
thorization for Use of Military Force or this Act, 
disposition under the law of war shall occur imme-
diately upon the person coming into custody of the 
Federal Government and shall only mean the imme-
diate transfer of the person for trial and proceedings 
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by a court established under Article III of the Con-
stitution 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 Constitu-
tion of the United States. 
‘‘(2) PROHIBITION ON TRANSFER TO MILITARY 
CUSTODY.—No person detained, captured, or ar-
rested in the United States, or a territory or posses-
sion of the United States, may be transferred to the 
custody of the Armed Forces for detention under the 
Authorization for Use of Military Force or this Act. 
‘‘(h) RULE OF CONSTRUCTION.—This section shall 
not be construed to authorize the detention of a person 
within the United States, or a territory or possession of 
the United States, under the Authorization for Use of 
Military Force or this Act.’’. 
(b) REPEAL OF REQUIREMENT FOR MILITARY CUS-
TODY.— 
(1) REPEAL.—Section 1022 of the National 
Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1563) is hereby re-
pealed. 
(2) 
CONFORMING
AMENDMENT.—Section 
1029(b) of such Act (125 Stat. 1569) is amended by 
striking ‘‘applies to’’ and all that follows through 
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‘‘any other person’’ and inserting ‘‘applies to any 
person’’. 
Æ 
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