Title: Due Process Guarantee Act
Policy area: Crime and Law Enforcement

Summary:
Due Process Guarantee Act
This bill amends the federal criminal code to limit the detention authority of the United States.
Current law prohibits the indefinite detention of a U.S. citizen by the United States unless it is authorized by an act of Congress. This bill prohibits the indefinite detention of a U.S. citizen or lawful permanent resident by the United States unless it is consistent with the Constitution and expressly authorized by an act of Congress.
Additionally, it specifies that a general authorization to use military force or similar measure, on its own, does not authorize the indefinite detention of a citizen or lawful permanent resident who is arrested in the United States.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1216 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1216

 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

                              May 24, 2017

  Mr. Lee (for himself, Mrs. Feinstein, Mr. Cruz, Mr. Whitehouse, Ms. 
 Collins, and Mr. Coons) 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''.

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

    (a) In General.--Section 4001 of title 18, United States Code, is 
amended by striking subsection (a) and inserting the following:
    ``(a) No citizen or lawful permanent resident of the United States 
shall be imprisoned or otherwise detained by the United States except 
consistent with the Constitution and pursuant to an Act of Congress 
that expressly authorizes such imprisonment or detention.''.
    (b) Relationship to an Authorization To Use Military Force, 
Declaration of War, or Similar Authority.--Section 4001 of title 18, 
United States Code, as amended by subsection (a) is further amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b)(1) A general authorization to use military force, a 
declaration of war, or any similar authority, on its own, shall not be 
construed to authorize the imprisonment or detention without charge or 
trial of a citizen or lawful permanent resident of the United States 
apprehended in the United States.
    ``(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.
    ``(3) This section shall not be construed to authorize the 
imprisonment or detention of a citizen of the United States, a lawful 
permanent resident of the United States, or any other person who is 
apprehended in the United States.''.
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