S.Amdt. 1853

SA 1853. Mr. LEE (for himself, Mrs. Feinstein, Mr. Paul, Mr. Cruz,
and Ms. Collins) submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 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. 1040. 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:
``(a) No citizen or lawful permanent resident 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.'';
(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 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 2016.
``(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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