[Congressional Record Volume 164, Number 94 (Thursday, June 7, 2018)]
[Senate]
[Page S3389]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2574. Mr. PAUL 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 PERSONS 
                   BY THE UNITED STATES.

       Section 1021 of the National Defense Authorization Act for 
     Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 801 note) is 
     amended by striking subsections (a) through (f) and inserting 
     the following:
       ``(a) 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 person apprehended in 
     the United States.
       ``(b) Subsection (a) applies to an authorization to use 
     military force, a declaration of war, or any similar 
     authority enacted before, on, or after the date of enactment 
     of the National Defense Authorization Act for Fiscal Year 
     2019.
       ``(c) This section shall not be construed to authorize the 
     imprisonment or detention of any person who is apprehended in 
     the United States.''.
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