[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Page S4467]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 467. Mr. LEE (for himself, Ms. Collins, Mrs. Feinstein, Mr. 
Whitehouse, and Mr. Cruz) submitted an amendment intended to be 
proposed by him to the bill H.R. 2810, to authorize appropriations for 
fiscal year 2018 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 G of title X, add the following:

     SEC. ___. PROHIBITION ON THE INDEFINITE DETENTION OF CITIZENS 
                   AND LAWFUL PERMANENT RESIDENTS.

       (a) In General.--Section 4001 of title 18, United States 
     Code, is amended by striking subsection (a) and inserting the 
     following:
       ``(a) No citizen or lawful permanent resident of the United 
     States shall be imprisoned or otherwise detained by the 
     United States except consistent with the Constitution and 
     pursuant to an Act of Congress that expressly authorizes such 
     imprisonment or detention.''.
       (b) 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 (a) is 
     further amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b)(1) A general authorization to use military force, a 
     declaration of war, or any similar authority, on its own, 
     shall 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.
       ``(2) Paragraph (1) applies 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 National Defense Authorization Act for 
     Fiscal Year 2018.
       ``(3) This section shall 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.''.
                                 ______