S.Amdt. 2400

1. Adds SEC. 1035. PROHIBITION ON THE INDEFINITE DETENTION OF CITIZENS AND LAWFUL PERMANENT RESIDENTS at the end of subtitle D of title X

   Adds a section

   In S. 1197 · Placed on Calendar Senate

   "(4) The primary members present for a vote on a sentence need not be the same primary members who voted on the conviction if the requirements of section 948m(d) of this title are met.".

   Inserted: SEC. 1035. PROHIBITION ON THE INDEFINITE DETENTION OF CITIZENS AND LAWFUL PERMANENT RESIDENTS.

   Inserted: Section 4001 of title 18, United States Code, is amended--

   Inserted: (1) by striking subsection (a) and inserting the following new subsection (a):

   Inserted: "(a) No citizen 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 detention.";

   Inserted: (2) by redesignating subsection (b) as subsection (c); and

   Inserted: (3) by inserting after subsection (a) the following:

   Inserted: "(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 detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States.

   Inserted: "(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 2014.

   Inserted: "(3) This section 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.".

   Original wording

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

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As printed