Due Process Guarantee Act

II 116TH CONGRESS 1ST SESSION S. 1702 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, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 3, 2019 Mr. LEE (for himself, Mrs. FEINSTEIN, Mr. CRUZ, Mr. WHITEHOUSE, and Ms. COLLINS) introduced the following bill; which was read twice and re- ferred 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 cit- izen or lawful permanent resident of the United States, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Due Process Guar- 4 antee Act’’. 5 VerDate Sep 11 2014 23:32 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1702.IS S1702 kjohnson on DSK79L0C42 with BILLS 2 •S 1702 IS SEC. 2. PROHIBITION ON THE INDEFINITE DETENTION OF 1 CITIZENS AND LAWFUL PERMANENT RESI- 2 DENTS. 3 (a) LIMITATION ON DETENTION.— 4 (1) IN GENERAL.—Section 4001(a) of title 18, 5 United States Code, is amended— 6 (A) by striking ‘‘No citizen’’ and inserting 7 the following: 8 ‘‘(1) No citizen or lawful permanent resident of the 9 United States’’; and 10 (B) by adding at the end the following: 11 ‘‘(2) Any Act of Congress that authorizes an impris- 12 onment or detention described in paragraph (1) shall be 13 consistent with the Constitution and expressly authorize 14 such imprisonment or detention.’’. 15 (2) APPLICABILITY.—Nothing in section 16 4001(a)(2) of title 18, United States Code, as added 17 by paragraph (1)(B), may be construed to limit, nar- 18 row, abolish, or revoke any detention authority con- 19 ferred by statute, declaration of war, authorization 20 to use military force, or similar authority effective 21 prior to the date of the enactment of this Act. 22 (b) RELATIONSHIP TO AN AUTHORIZATION TO USE 23 MILITARY FORCE, DECLARATION OF WAR, OR SIMILAR 24 AUTHORITY.—Section 4001 of title 18, United States 25 Code, as amended by subsection (a) is further amended— 26 VerDate Sep 11 2014 23:32 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1702.IS S1702 kjohnson on DSK79L0C42 with BILLS 3 •S 1702 IS (1) by redesignating subsection (b) as sub- 1 section (c); and 2 (2) by inserting after subsection (a) the fol- 3 lowing: 4 ‘‘(b)(1) No United States citizen or lawful permanent 5 resident who is apprehended in the United States may be 6 imprisoned or otherwise detained without charge or trial 7 unless such imprisonment or detention is expressly author- 8 ized by an Act of Congress. 9 ‘‘(2) A general authorization to use military force, a 10 declaration of war, or any similar authority, on its own, 11 may not be construed to authorize the imprisonment or 12 detention without charge or trial of a citizen or lawful per- 13 manent resident of the United States apprehended in the 14 United States. 15 ‘‘(3) Paragraph (2) shall apply to an authorization 16 to use military force, a declaration of war, or any similar 17 authority enacted before, on, or after the date of the en- 18 actment of the Due Process Guarantee Act. 19 ‘‘(4) This section may not be construed to authorize 20 the imprisonment or detention of a citizen of the United 21 States, a lawful permanent resident of the United States, 22 or any other person who is apprehended in the United 23 States.’’. 24 Æ VerDate Sep 11 2014 23:32 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1702.IS S1702 kjohnson on DSK79L0C42 with BILLS