[Congressional Record Volume 164, Number 93 (Wednesday, June 6, 2018)]
[Senate]
[Page S3262]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2366. Mr. LEE (for himself, Mrs. Feinstein, and Mr. Cruz) 
submitted an amendment intended to be proposed by him to the bill H.R. 
5515, to authorize appropriations for fiscal year 2019 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) In General.--Section 4001(a) of title 18, United States 
     Code, is amended to read as follows:
       ``(a) No citizen or lawful permanent resident of the United 
     States may be imprisoned or otherwise detained by the United 
     States unless such imprisonment or detention is consistent 
     with the Constitution and is carried out 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, is 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, 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.
       ``(2) Paragraph (1) 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 this subsection.
       ``(3) 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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