[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Pages S7499-S7500]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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