S.Amdt. 2736
What it does: Adds SEC. __. PROHIBITION ON THE INDEFINITE DETENTION OF PERSONS BY THE UNITED STATES wherever appropriate
Sen. Rand Paul (R-KY)What it changes
1 change to S. 754
Adds SEC. __. PROHIBITION ON THE INDEFINITE DETENTION OF PERSONS BY THE UNITED STATES wherever appropriate
Adds a sectionInserted: SEC. __. PROHIBITION ON THE INDEFINITE DETENTION OF PERSONS BY THE UNITED STATES.
Inserted: (a) Limitation on Detention.--Section 4001 of title 18, United States Code, is amended--
Inserted: (1) by striking subsection (a) and inserting the following:
Inserted: "(a) No person shall be imprisoned or otherwise detained by the United States except consistent with the Constitution.";
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 imprisonment or detention without charge or trial of a person 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 Cybersecurity Information Sharing Act of 2015.
Inserted: "(3) This section shall not be construed to authorize the imprisonment or detention of any person who is apprehended in the United States.".
Inserted: (b) Repeal of Authority of the Armed Forces of the United States to Detain Covered Persons Pursuant to the Authorization for Use of Military Force.--Section 1021 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 801 note) is repealed.
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place, insert the following:
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As printed
SA 2736. Mr. PAUL submitted an amendment intended to be proposed by him to the bill S. 754, to improve cybersecurity in the United States through enhanced sharing of information about cybersecurity threats, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PROHIBITION ON THE INDEFINITE DETENTION OF PERSONS BY THE UNITED STATES.
(a) Limitation on Detention.--Section 4001 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
“(a) No person shall be imprisoned or otherwise detained by the United States except consistent with the Constitution.”;
(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 person 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 Cybersecurity Information Sharing Act of 2015.
“(3) This section shall not be construed to authorize the imprisonment or detention of any person who is apprehended in the United States.”.
(b) Repeal of Authority of the Armed Forces of the United States to Detain Covered Persons Pursuant to the Authorization for Use of Military Force.--Section 1021 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 801 note) is repealed.
Legislative Activity
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Senate amendment submitted
October 21, 2015
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Senate amendment submitted
October 21, 2015
Senate amendment submitted
October 21, 2015