To amend the detainee provisions of the National Defense Authorization Act for Fiscal Year 2012 to specifically state that United States citizens may not be detained against their will without all the rights of due process afforded to citizens in a court ordained or established by or under Article III of the Constitution of the United States.

Amends detainee and military custody provisions of the National Defense Authorization Act for Fiscal Year 2012, with respect to the authority of the President and the U.S. Armed Forces pursuant the Authorization for Use of Military Force (P.L. 107-40), to specify that no U.S. citizen may be detained against his or her will without all the rights of due process afforded to the citizen in a court ordained or established by or under Article III of the U.S. Constitution.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3676 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3676

To amend the detainee provisions of the National Defense Authorization 
   Act for Fiscal Year 2012 to specifically state that United States 
citizens may not be detained against their will without all the rights 
of due process afforded to citizens in a court ordained or established 
   by or under Article III of the Constitution of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 15, 2011

Mr. Landry (for himself, Mr. Duncan of South Carolina, Mr. Bucshon, Mr. 
 Huelskamp, Mr. Graves of Georgia, Mr. Walsh of Illinois, Mr. Rokita, 
Mr. Labrador, Mr. Harris, Mr. Stutzman, Mr. Ribble, Mr. DesJarlais, Mr. 
Culberson, Mr. Roe of Tennessee, Mr. Gowdy, Mr. Mulvaney, Mr. Reed, Mr. 
    Gohmert, Mr. Clarke of Michigan, and Mr. Gosar) 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 detainee provisions of the National Defense Authorization 
   Act for Fiscal Year 2012 to specifically state that United States 
citizens may not be detained against their will without all the rights 
of due process afforded to citizens in a court ordained or established 
   by or under Article III of the Constitution of the United States.

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

SECTION 1. DUE PROCESS RIGHTS OF UNITED STATES CITIZENS.

    (a) Application to Detainee Provisions.--Subsection (e) of section 
1021 of the National Defense Authorization Act for Fiscal Year 2012 is 
amended to read as follows:
    ``(e) Protections.--
            ``(1) United states citizens.--In applying this section and 
        section 1022, no United States citizen may be detained against 
        his or her will without all the rights of due process afforded 
        to the citizen in a court ordained or established by or under 
        Article III of the Constitution of the United States.
            ``(2) Lawful resident aliens and other persons in the 
        united states.--Nothing in this section shall be construed to 
        affect existing law or authorities relating to the detention of 
        lawful resident aliens of the United States or any other 
        persons who are captured or arrested in the United States.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as of the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2012.
                                 <all>