[Congressional Record Volume 167, Number 177 (Thursday, October 7, 2021)]
[Senate]
[Pages S7010-S7011]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3859. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 2792, to authorize appropriations for 
fiscal year 2022 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle E of title X of division A, add the 
     following:

     SECTION 1043. PROHIBITION ON THE INDEFINITE DETENTION OF 
                   CITIZENS AND LAWFUL PERMANENT RESIDENTS.

       (a) Short Title.--This section may be cited as the ``Due 
     Process Guarantee Act''.
       (b) 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.
       (c) 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 (b), 
     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

[[Page S7011]]

     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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