[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3702 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3702

 To clarify that an authorization to use military force, a declaration 
  of war, or any similar authority shall not authorize the detention 
 without charge or trial of a citizen or lawful permanent resident of 
               the United States and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2011

   Mr. Garamendi (for himself, Mr. Tonko, Mr. Schiff, Mr. Johnson of 
Georgia, Mrs. Capps, Mr. Heinrich, Mr. Sherman, Mr. Conyers, Ms. Clarke 
of New York, Mr. Carson of Indiana, Mr. Rush, Ms. Hirono, Ms. Hahn, and 
   Mr. Jackson of Illinois) introduced the following bill; which was 
               referred to the Committee on the Judiciary

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                                 A BILL


 
 To clarify that an authorization to use military force, a declaration 
  of war, or any similar authority shall not authorize the detention 
 without charge or trial of a citizen or lawful permanent resident of 
               the United States and for other purposes.

    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 ``Due Process Guarantee Act of 2011''.

SEC. 2. PROHIBITION ON THE INDEFINITE DETENTION OF CITIZENS AND LAWFUL 
              PERMANENT RESIDENTS.

    Section 4001 of title 18, United States Code, is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b)(1) An authorization to use military force, a declaration of 
war, or any similar authority shall not authorize the detention without 
charge or trial of a citizen or lawful permanent resident of the United 
States apprehended in the United States, unless an Act of Congress 
expressly authorizes such detention.
    ``(2) Paragraph (1) applies to an authorization to use military 
force, a declaration of war, or any similar authority enacted before, 
on, or after the date of the enactment of the Due Process Guarantee Act 
of 2011.''.
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