S.Amdt. 467

SA 467. Mr. LEE (for himself, Ms. Collins, Mrs. Feinstein, Mr.
Whitehouse, and Mr. Cruz) submitted an amendment intended to be
proposed by him to the bill H.R. 2810, to authorize appropriations for
fiscal year 2018 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 end of subtitle G of title X, add the following:

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

(a) In General.--Section 4001 of title 18, United States
Code, is amended by striking subsection (a) and inserting the
following:
``(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 National Defense Authorization Act for
Fiscal Year 2018.
``(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.''.
______