S.Amdt. 1047

SA 1047. Mr. GRAHAM submitted an amendment intended to be proposed to
amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) to
the bill H.R. 2810, to authorize appropriations for fiscal year 2018
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 G of title X, add the following:

SEC. ___. LOSS OF NATIONALITY OR IMMIGRATION STATUS FOR
BELLIGERENT ACTS OR SUPPORTING ENEMY FORCES.

(a) Loss of Nationality for Citizens.--
(1) In general.--Section 349(a) of the Immigration and
Nationality Act (8 U.S.C. 1481(a)) is amended--
(A) in paragraph (7), by striking the period at the end and
inserting a semicolon and ``or''; and
(B) by adding at the end the following:
``(8) committing a belligerent act or directly supporting
or aiding enemy forces identified in a declaration of war or
authorization for the use of military force.''.
(2) Administrative process.--Section 349 of the Immigration
and Nationality Act (8 U.S.C. 1481) is amended by adding at
the end the following:
``(c)(1) The Secretary of Homeland Security shall create an
administrative process, and have the sole authority over such
process, for determining if a person shall lose the person's
United States nationality pursuant to subsection (a)(8).
``(2) The Secretary of Defense shall make a recommendation
to the Secretary of Homeland Security regarding the loss of
United States nationality for each person being considered
for such a loss under subsection (a)(8).
``(3) A determination under paragraph (1) may be reviewed
pursuant to the provisions of section 360.

[[Page S5700]]

``(4) This subsection does not alter, limit, or extend the
ability of the United States, during the pendency of a
determination under paragraph (1) or a review permitted under
paragraph (3), to detain an individual under the law of
war.''.
(3) Conforming amendment.--Section 351(a) of the
Immigration and Nationality Act (8 U.S.C. 1483(a)) is amended
by striking ``paragraphs (6) and (7)'' and inserting
``paragraphs (6), (7), and (8)''.
(b) Revocation of Status.--Section 205 of the Immigration
and Nationality Act (8 U.S.C. 1155) is amended--
(1) by inserting ``(a)'' before ``The Secretary of Homeland
Security''; and
(2) by adding at the end the following:
``(b) The Secretary of Homeland Security shall revoke a
petition approved under section 204 and otherwise revoke the
status of alien as lawfully admitted for permanent residence
if the alien commits a belligerent act or directly supports
or aids enemy forces identified in a declaration of war or
authorization for the use of military force.''.
(c) Removal of Aliens.--Section 237(a)(4)(A) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(A)) is
amended--
(1) in clause (ii), by striking ``or'' at the end;
(2) in clause (iii), by inserting ``or'' at the end; and
(3) by inserting after clause (iii) the following:
``(iv) a belligerent act or an act directly supporting or
aiding enemy forces identified in a declaration of war or
authorization for the use of military force,''.

SEC. ___. PROHIBITION ON THE INDEFINITE DETENTION OF CITIZENS
AND LAWFUL PERMANENT RESIDENTS.

(a) Cause for Imprisonment or Detention.--Section 4001 of
title 18, United States Code, is amended 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 authorizes such
imprisonment or detention.''.
(b) Prohibition on Indefinite Detention of Citizens and
Lawful Permanent Residences.--Section 4001 of title 18,
United States Code, as amended by paragraph (1), is further
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) 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, except during the pendency of proceedings
under subsection (c) section 349 of the Immigration and
Nationality Act (8 U.S.C. 1481).
``(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 2018.
``(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.''.
______