I
112
TH
CONGRESS1
ST
S
ESSION
H. R. 3676
To amend the detainee provisions of the National Defense Authorization Act for Fiscal Year 2012 to specifically state that United States citizensmay not be detained against their will without all the rights of dueprocess 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
D
ECEMBER
15, 2011Mr. L
ANDRY
(for himself, Mr. D
UNCAN
of South Carolina, Mr. B
UCSHON
, Mr.H
UELSKAMP
, Mr. G
RAVES
of Georgia, Mr. W
ALSH
of Illinois, Mr.R
OKITA
, Mr. L
ABRADOR
, Mr. H
ARRIS
, Mr. S
TUTZMAN
, Mr. R
IBBLE
, Mr.D
ES
J
ARLAIS
, Mr. C
ULBERSON
, Mr. R
OE
of Tennessee, Mr. G
OWDY
, Mr.M
ULVANEY
, Mr. R
EED
, Mr. G
OHMERT
, Mr. C
LARKE
of Michigan, andMr. G
OSAR
) introduced the following bill; which was referred to the Com-mittee on Armed Services, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, ineach case for consideration of such provisions as fall within the jurisdic-tion 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 detainedagainst their will without all the rights of due processafforded to citizens in a court ordained or established by or under Article III of the Constitution of the UnitedStates.
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s r o b i n s o n o n D S K 4 S P T V N 1 P R O D w i t h B I L L S
2
•
HR 3676 IH
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. DUE PROCESS RIGHTS OF UNITED STATES CITI-
3
ZENS.
4
(a) A
PPLICATION TO
D
ETAINEE
P
ROVISIONS
.—Sub-
5
section (e) of section 1021 of the National Defense Au-
6
thorization Act for Fiscal Year 2012 is amended to read
7
as follows:
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‘‘(e) P
ROTECTIONS
.—
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‘‘(1) U
NITED STATES CITIZENS
.—In applying
10
this section and section 1022, no United States cit-
11
izen may be detained against his or her will without
12
all the rights of due process afforded to the citizen
13
in a court ordained or established by or under Arti-
14
cle III of the Constitution of the United States.
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‘‘(2) L
AWFUL RESIDENT ALIENS AND OTHER
16
PERSONS IN THE UNITED STATES
.—Nothing in this
17
section shall be construed to affect existing law or
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authorities relating to the detention of lawful resi-
19
dent aliens of the United States or any other per-
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sons who are captured or arrested in the United
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States.’’.
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(b) E
FFECTIVE
D
ATE
.—The amendment made by
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subsection (a) shall take effect as of the date of the enact-
24
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s r o b i n s o n o n D S K 4 S P T V N 1 P R O D w i t h B I L L S
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HR 3676 - Legislation to Prevent Indefinite Detention of U.S Citizens Under the NDAA
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