[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5936 Introduced in House (IH)]

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 
                   requirement 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 
  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 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 Representatives of the 
United States of America in Congress assembled,

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 AUTHORIZATION FOR USE OF MILITARY FORCE.

    (a) Disposition.--Section 1021 of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 
1562) 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 subsections:
    ``(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 
        possession of the United States, pursuant to the Authorization 
        for Use of Military Force or this Act, disposition under the 
        law of war shall occur immediately upon the person coming into 
        custody of the Federal Government and shall only mean the 
        immediate 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.
            ``(2) Prohibition on transfer to military custody.--No 
        person detained, captured, or arrested in the United States, or 
        a territory or possession 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 Custody.--
            (1) Repeal.--Section 1022 of the National Defense 
        Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 
        Stat. 1563) is hereby repealed.
            (2) Conforming amendment.--Section 1029(b) of such Act (125 
        Stat. 1569) is amended by striking ``applies to'' and all that 
        follows through ``any other person'' and inserting ``applies to 
        any person''.
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