[Congressional Record Volume 164, Number 98 (Wednesday, June 13, 2018)]
[Senate]
[Page S3918]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2889. Mr. LEE (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 2282 proposed by Mr. 
Inhofe (for himself and Mr. McCain) 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.--No citizen or lawful permanent resident of 
     the United States may be imprisoned or otherwise detained by 
     the United States Department of Defense or Defense Department 
     operated facility 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)(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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