S.Amdt. 4448

SA 4448. Mr. LEE (for himself, Mrs. Feinstein, Mr. Paul, Mr. Udall,
Mr. Cruz, Ms. Collins, and Mr. Heinrich) submitted an amendment
intended to be proposed by him to the bill S. 2943, to authorize
appropriations for fiscal year 2017 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. 1031. 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 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.'';
(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 2017.
``(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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