[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4092 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4092

To amend the National Defense Authorization Act for Fiscal Year 2012 to 
  provide clarification of the relationship of certain constitutional 
   rights to provisions of law relating to the military detention of 
                        certain covered person.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2012

  Mr. Gibson 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 clarification of the relationship of certain constitutional 
   rights to provisions of law relating to the military detention of 
                        certain covered person.

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

SECTION 1. CLARIFICATION OF RELATIONSHIP OF CONSTITUTIONAL RIGHTS TO 
              PROVISIONS OF LAW RELATING TO THE MILITARY DETENTION OF 
              CERTAIN COVERED PERSONS.

    The National Defense Authorization Act for Fiscal Year 2012 (Public 
Law 112-81) is amended--
            (1) in section 1021, by adding at the end the following new 
        subsection:
    ``(g) Preservation of Constitutional Rights.--Notwithstanding any 
other provision of this section, the writ of habeas corpus shall remain 
available to any individual detained within the United States and no 
American citizen or lawful resident may be detained without all the 
rights of due process to include, but not limited to--
            ``(1) the right to a speedy and public trial by an 
        impartial jury;
            ``(2) the right to be informed of the nature of the 
        accusation;
            ``(3) the right to be confronted with the witnesses against 
        them;
            ``(4) the right to have compulsory process for obtaining 
        witnesses in their favor;
            ``(5) the right to have the assistance of legal counsel; 
        and
            ``(6) all other rights afforded to them by the Constitution 
        of the United States.''; and
            (2) in section 1022, by adding at the end the following new 
        subsection:
    ``(f) Preservation of Constitutional Rights.--Notwithstanding any 
other provision of this section, the writ of habeas corpus shall remain 
available to any individual detained within the United States and no 
American citizen or lawful resident may be detained without all the 
rights of due process to include, but not limited to--
            ``(1) the right to a speedy and public trial by an 
        impartial jury;
            ``(2) the right to be informed of the nature of the 
        accusation;
            ``(3) the right to be confronted with the witnesses against 
        them;
            ``(4) the right to have compulsory process for obtaining 
        witnesses in their favor;
            ``(5) the right to have the assistance of legal counsel; 
        and
            ``(6) all other rights afforded to them by the Constitution 
        of the United States.''.
                                 <all>