[Congressional Record Volume 164, Number 102 (Tuesday, June 19, 2018)]
[Senate]
[Page S4055]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2993. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2910 proposed by Mr. Shelby to the bill H.R. 5895, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2019, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in division C, 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 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 Due Process Guarantee Act.
       ``(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.''.
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