[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 24 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 24

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 6, 2015

Mrs. Feinstein (for herself and Mr. Lee) 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.

    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 of 2015''.

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

    Section 4001 of title 18, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following 
        new subsection (a):
    ``(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.'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) 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 this subsection.
    ``(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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