S.Amdt. 2281

SA 2281. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 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 H of title X, add the following:

SEC. 1095. 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

[[Page S4639]]

war, or any similar authority enacted before, on, or after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2025.
``(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(Public Law 112-81; 10 U.S.C. 801 note) is repealed.
______