Text: S.2003 — 112th Congress (2011-2012)All Information (Except Text)

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Introduced in Senate (12/15/2011)


112th CONGRESS
1st Session
S. 2003


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.


IN THE SENATE OF THE UNITED STATES

December 15, 2011

Mrs. Feinstein (for herself, Mr. Leahy, Mr. Lee, Mr. Udall of Colorado, Mr. Kirk, Mrs. Gillibrand, Mr. Paul, Mr. Coons, Mr. Durbin, Mr. Nelson of Florida, Mrs. Shaheen, Mr. Udall of New Mexico, Mr. Franken, and Mrs. McCaskill) introduced the following bill; which was read twice and 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.

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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