S.Amdt. 878

SA 878. Mr. LEE (for himself, Mrs. Feinstein, Mr. Cruz, Mr.
Whitehouse, Ms. Collins, and Ms. Warren) submitted an amendment
intended to be proposed to amendment SA 764 proposed by Mr. Inhofe to
the bill S. 1790, to authorize appropriations for fiscal year 2020 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 appropriate place, insert the following:

SEC. __. 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 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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