To clarify that an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States.

SA 3018. Mrs. FEINSTEIN (for herself, Mr. Lee, Mr. Coons, Ms.
Collins, Mr. Paul, Mr. Lautenberg, Mrs. Gillibrand, and Mr. Kirk)
submitted an amendment intended to be proposed by her to the bill S.
3254, to authorize appropriations for fiscal year 2013 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.

At the end of subtitle D of title X, add the following:

SEC. 1032. PROHIBITION ON THE INDEFINITE DETENTION OF
CITIZENS AND LAWFUL PERMANENT RESIDENTS.

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) An authorization to use military force, a
declaration of war, or any similar authority shall not
authorize the detention without charge or trial of a citizen
or lawful permanent resident of the United States apprehended
in the United States, unless an Act of Congress expressly
authorizes such detention.
``(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 2013.
``(3) Paragraph (1) shall not be construed to authorize the
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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