II 

117TH CONGRESS 

1ST SESSION S. 2718 

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 

SEPTEMBER 13, 2021 

Mrs. FEINSTEIN (for herself, Mr. LEE, Mr. WHITEHOUSE, Mr. CRUZ, and Ms. 

COLLINS) 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 Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Due Process Guar5 antee Act’’. 


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•S 2718 IS

1 SEC. 2. PROHIBITION ON THE INDEFINITE DETENTION OF 

2 CITIZENS AND LAWFUL PERMANENT RESI3 DENTS. 

4 (a) LIMITATION ON DETENTION.— 

5 (1) IN GENERAL.—Section 4001(a) of title 18, 

6 United States Code, is amended— 

7 (A) by striking ‘‘No citizen’’ and inserting 

8 the following: 

9 ‘‘(1) No citizen or lawful permanent resident of the 

10 United States’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(2) Any Act of Congress that authorizes an impris13 onment or detention described in paragraph (1) shall be 

14 consistent with the Constitution and expressly authorize 

15 such imprisonment or detention.’’. 

16 (2) APPLICABILITY.—Nothing in section 

17 4001(a)(2) of title 18, United States Code, as added 

18 by paragraph (1)(B), may be construed to limit, nar19 row, abolish, or revoke any detention authority con20 ferred by statute, declaration of war, authorization 

21 to use military force, or similar authority effective 

22 prior to the date of the enactment of this Act. 

23 (b) RELATIONSHIP TO AN AUTHORIZATION TO USE

24 MILITARY FORCE, DECLARATION OF WAR, OR SIMILAR

25 AUTHORITY.—Section 4001 of title 18, United States 

26 Code, as amended by subsection (a) is further amended— 


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•S 2718 IS

1 (1) by redesignating subsection (b) as sub2 section (c); and 

3 (2) by inserting after subsection (a) the fol4 lowing: 

5 ‘‘(b)(1) No United States citizen or lawful permanent 

6 resident who is apprehended in the United States may be 

7 imprisoned or otherwise detained without charge or trial 

8 unless such imprisonment or detention is expressly author9 ized by an Act of Congress. 

10 ‘‘(2) A general authorization to use military force, a 

11 declaration of war, or any similar authority, on its own, 

12 may not be construed to authorize the imprisonment or 

13 detention without charge or trial of a citizen or lawful per14 manent resident of the United States apprehended in the 

15 United States. 

16 ‘‘(3) Paragraph (2) shall apply to an authorization 

17 to use military force, a declaration of war, or any similar 

18 authority enacted before, on, or after the date of the en19 actment of the Due Process Guarantee Act. 

20 ‘‘(4) This section may not be construed to authorize 

21 the imprisonment or detention of a citizen of the United 

22 States, a lawful permanent resident of the United States, 

23 or any other person who is apprehended in the United 

24 States.’’. 

Æ 


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