I 112th CONGRESS 2d Session H. R. 5936 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.

1.

Short title

This Act may be cited as the Civil Liberties Act of 2012.

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.