S.Amdt. 2889

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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