I 112th CONGRESS 2d Session H. R. 4192 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.

1.

Short title

This Act may be cited as the Due Process and Military Detention Amendments Act.

2.

Disposition of covered persons detained in the United States pursuant to the Authorization 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 disposition and inserting Except as provided in subsection (g), the disposition; and (2)by adding at the end the following new subsection: (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 Authorization 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 Article 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. .

3.

Repeal of requirement for military custody

(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Section 1022 of the National Defense Authorization Act for Fiscal Year 2012 is hereby repealed.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.