S.Amdt. 3412
What it does: Adds SEC. __. PROHIBITION ON THE INDEFINITE DETENTION OF CITIZENS AND LAWFUL PERMANENT RESIDENTS at the end of subtitle D of title X
Sen. Dianne Feinstein (D-CA)What it changes
1 change to S. 2410 · shown in the bill's text
Adds SEC. __. PROHIBITION ON THE INDEFINITE DETENTION OF CITIZENS AND LAWFUL PERMANENT RESIDENTS at the end of subtitle D of title X
Adds a sectionIn S. 2410 · Placed on Calendar Senate
None of the amounts authorized to be appropriated or otherwise available to the Department of Defense may be used to transfer, release, or assist in the transfer or release, during the period beginning on the date of the enactment of this Act and ending on December 31, 2015, of any individual detained in the custody or under the control of the Department of Defense at United States Naval Station, Guantanamo Bay, Cuba, to the custody or control of the Republic of Yemen or any entity within Yemen.
Inserted: SEC. __. 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 Carl Levin National Defense Authorization Act for Fiscal Year 2015.
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:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3412. Mrs. FEINSTEIN (for herself, Mr. Lee, Mr. Udall of New Mexico, Mr. Paul, Mr. Whitehouse, Mr. Cruz, Mr. Coons, Ms. Collins, Mr. Franken, Mr. Roberts, Mr. Heinrich, Mr. Enzi, Mr. Rockefeller, Mr. Kirk, and Ms. Klobuchar) submitted an amendment intended to be proposed by her to the bill S. 2410, to authorize appropriations for fiscal year 2015 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 D of title X, add the following:
SEC. __. PROHIBITION ON THE INDEFINITE DETENTION OF CITIZENS AND LAWFUL PERMANENT RESIDENTS.
Section 4001 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following new subsection (a):
“(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.”;
(2) by redesignating subsection (b) as subsection (c); and
(3) 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 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 Carl Levin National Defense Authorization Act for Fiscal Year 2015.
“(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.”.
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Senate amendment submitted
June 26, 2014