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• Paragraph 19 (1 comments)

HR 3702 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 3702CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

December 16, 2011CommentsClose CommentsPermalink

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 JudiciaryCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Due Process Guarantee Act of 2011’.CommentsClose CommentsPermalink

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

Section 4001 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (b) as subsection (c); andCommentsClose CommentsPermalink





(2) by inserting after subsection (a) the following:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink