Due Process Guarantee Act

Bill: 117-s-2718
Sponsor: full_name: Sen. Feinstein, Dianne [D-CA]
Introduced: 2021-09-13
Policy area: Crime and Law Enforcement
Latest action: action_date: 2021-09-13
text: Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S6458-6459; text: CR S6459)

Summaries:
action_date: 2021-09-13
action_desc: Introduced in Senate
text: <p><b>Due Process Guarantee Act</b></p> <p>This bill limits the detention authority of the United States. </p> <p>Current law prohibits the indefinite detention of a U.S. citizen unless it is authorized by an act of Congress.</p> <p>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.</p> <p>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.</p> <p>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.</p>

tv_txt: II 117th CONGRESS 1st Session S. 2718 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. Short title This Act may be cited as the Due Process Guarantee Act . 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. .