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

Summary:
Due Process Guarantee Act
This bill limits the detention authority of the United States.
Current law prohibits the indefinite detention of a U.S. citizen unless it is authorized by an act of Congress.
This bill prohibits the indefinite detention of a U.S. citizen or lawful permanent resident unless it is authorized by an act of Congress that (1) is consistent with the Constitution, and (2) expressly authorizes the detention.
Additionally, the bill specifies that no U.S. citizen or lawful permanent resident who is apprehended in the United States may be imprisoned or otherwise detained without charge or trial unless such imprisonment or detention is expressly authorized by an act of Congress.
Finally, it specifies that a general authorization to use military force or similar measure, on its own, does not authorize the indefinite detention of a person who is arrested in the United States.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2718 Introduced in Senate (IS)]

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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.

    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) Limitation on Detention.--
            (1) In general.--Section 4001(a) of title 18, United States 
        Code, is amended--
                    (A) by striking ``No citizen'' and inserting the 
                following:
    ``(1) No citizen or lawful permanent resident of the United 
States''; and
                    (B) by adding at the end the following:
    ``(2) Any Act of Congress that authorizes an imprisonment or 
detention described in paragraph (1) shall be consistent with the 
Constitution and expressly authorize such imprisonment or detention.''.
            (2) Applicability.--Nothing in section 4001(a)(2) of title 
        18, United States Code, as added by paragraph (1)(B), may be 
        construed to limit, narrow, abolish, or revoke any detention 
        authority conferred by statute, declaration of war, 
        authorization to use military force, or similar authority 
        effective prior to the date of the enactment of this Act.
    (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) No United States citizen or lawful permanent resident who 
is apprehended in the United States may be imprisoned or otherwise 
detained without charge or trial unless such imprisonment or detention 
is expressly authorized by an Act of Congress.
    ``(2) A general authorization to use military force, a declaration 
of war, or any similar authority, on its own, may 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.
    ``(3) Paragraph (2) shall apply 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.
    ``(4) This section may 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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