[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4388 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4388

To state that nothing in the Authorization for Use of Military Force or 
 the National Defense Authorization Act for Fiscal Year 2012 shall be 
construed to deny the availability of the writ of habeas corpus for any 
      person who is detained in the United States pursuant to the 
    Authorization for Use of Military Force in a court ordained or 
        established by or under Article III of the Constitution.


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                    IN THE HOUSE OF REPRESENTATIVES

                             April 18, 2012

   Mr. Rigell (for himself, Mr. Landry, Mr. Griffin of Arkansas, Mr. 
 Harris, Mr. Walsh of Illinois, Mr. Cleaver, Mr. Ross of Florida, Mr. 
 Mulvaney, Mr. Thornberry, Mr. Labrador, Mr. Johnson of Illinois, Mr. 
 Simpson, Mr. Rokita, Mr. Miller of Florida, Mr. Young of Indiana, Mr. 
     Reed, Mr. Ribble, Mr. DesJarlais, Mr. Bucshon, Mr. Gowdy, Mr. 
 Culberson, Mr. Wilson of South Carolina, Mr. Gingrey of Georgia, Mr. 
 Lankford, Mr. Canseco, Mrs. Hartzler, and Mr. Conaway) introduced the 
following bill; which was referred to the Committee on Foreign Affairs, 
and in addition to the Committee on Armed Services, 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

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                                 A BILL


 
To state that nothing in the Authorization for Use of Military Force or 
 the National Defense Authorization Act for Fiscal Year 2012 shall be 
construed to deny the availability of the writ of habeas corpus for any 
      person who is detained in the United States pursuant to the 
    Authorization for Use of Military Force in a court ordained or 
        established by or under Article III of the Constitution.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Right to Habeas Corpus Act''.

SEC. 2. FINDINGS REGARDING HABEAS CORPUS RIGHTS.

    Congress makes the following findings:
            (1) Article 1, section 9 of the Constitution states ``The 
        Privilege of the Writ of Habeas Corpus shall not be suspended, 
        unless when in Cases of Rebellion or Invasion the public Safety 
        may require it.''.
            (2) Regarding the Great Writ, the Supreme Court has noted 
        ``The writ of habeas corpus is the fundamental instrument for 
        safeguarding individual freedom against arbitrary and lawless 
        state action.''.

SEC. 3. HABEAS CORPUS RIGHTS.

    Nothing in the Authorization for Use of Military Force (Public Law 
107-40; 50 U.S.C. 1541 note) or the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112-81) shall be construed to deny the 
availability of the writ of habeas corpus in a court ordained or 
established by or under Article III of the Constitution for any person 
who is detained in the United States pursuant to the Authorization for 
Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note).
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