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  • Due Process Guarantee Act of 2011

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    Mark Udall
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    This bill aims to clarify that existing authorizations of military force or declarations of war do not authorize the indefinite detention without charge or trial of U.S. citizens or lawful permanent residents apprehended in the United States, unless an act of Congress expressly authorizes such detention. The bill amends Section 4001 of Title 18 of the U.S. Code to prohibit the indefinite detention of citizens and lawful permanent residents based on existing authorizations of military force, and clarifies that this applies to past, present, and future authorizations, unless an act of Congress expressly allows such detention. The bill is called the "Due Process Guarantee Act of 2011."

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    This bill aims to clarify that existing authorizations of military force or declarations of war do not authorize the indefinite detention without charge or trial of U.S. citizens or lawful permanent residents apprehended in the United States, unless an act of Congress expressly authorizes such detention. The bill amends Section 4001 of Title 18 of the U.S. Code to prohibit the indefinite detention of citizens and lawful permanent residents based on existing authorizations of military force, and clarifies that this applies to past, present, and future authorizations, unless an act of Congress expressly allows such detention. The bill is called the "Due Process Guarantee Act of 2011."

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    24 views2 pages

    Due Process Guarantee Act of 2011

    Uploaded by

    Mark Udall
    This bill aims to clarify that existing authorizations of military force or declarations of war do not authorize the indefinite detention without charge or trial of U.S. citizens or lawful permanent residents apprehended in the United States, unless an act of Congress expressly authorizes such detention. The bill amends Section 4001 of Title 18 of the U.S. Code to prohibit the indefinite detention of citizens and lawful permanent residents based on existing authorizations of military force, and clarifies that this applies to past, present, and future authorizations, unless an act of Congress expressly allows such detention. The bill is called the "Due Process Guarantee Act of 2011."

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    of 2

    II

    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. 1 Be it enacted by the Senate and House of Representa-

    2 tives of the United States of America in Congress assembled, 3


    tjames on DSK6SPTVN1PROD with BILLS

    SECTION 1. SHORT TITLE.

    This Act may be cited as the Due Process Guar-

    5 antee Act of 2011.

    VerDate Mar 15 2010

    00:51 Dec 21, 2011

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    Frm 00001

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    S2003

    2 1 2 3 4
    SEC. 2. PROHIBITION ON THE INDEFINITE DETENTION OF CITIZENS AND LAWFUL PERMANENT RESIDENTS.

    Section 4001 of title 18, United States Code, is

    5 amended 6 7 8 9 10 (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 dec-

    11 laration of war, or any similar authority shall not author12 ize the detention without charge or trial of a citizen or 13 lawful permanent resident of the United States appre14 hended in the United States, unless an Act of Congress 15 expressly authorizes such detention. 16 (2) Paragraph (1) applies to an authorization to use

    17 military force, a declaration of war, or any similar author18 ity enacted before, on, or after the date of the enactment 19 of the Due Process Guarantee Act of 2011..

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    S 2003 IS
    VerDate Mar 15 2010 00:51 Dec 21, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\S2003.IS S2003

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