I 112th CONGRESS 1st Session H. R. 3702 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 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.

1.

Short title

This Act may be cited as the Due Process Guarantee Act of 2011.

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. .