S.Amdt. 4009

SA 4009. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, 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 appropriate place, insert the following:

SEC. ___. GUARANTEEING DUE PROCESS FOR UNITED STATES CITIZENS
AND LAWFUL PERMANENT RESIDENTS.

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

[[Page S7500]]

(b) Prohibition on the Indefinite Detention of Citizens and
Lawful Permanent Residents.--
(1) Limitation on detention.--
(A) In general.--Section 4001(a) of title 18, United States
Code, is amended--
(i) by striking ``No citizen'' and inserting the following:
``(1) No citizen or lawful permanent resident of the United
States''; and
(ii) 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.''.
(B) Applicability.--Nothing in section 4001(a)(2) of title
18, United States Code, as added by subparagraph (A)(i), 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 before the date of the enactment of this Act.
(2) 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 paragraph (1), is
further amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) 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) Nothing in this section may 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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