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

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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