S.Amdt. 2993

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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