[Congressional Record Volume 158, Number 149 (Tuesday, November 27, 2012)]
[Senate]
[Page S6978]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3018. Mrs. FEINSTEIN (for herself, Mr. Lee, Mr. Coons, Ms. 
Collins, Mr. Paul, Mr. Lautenberg, Mrs. Gillibrand, and Mr. Kirk) 
submitted an amendment intended to be proposed by her to the bill S. 
3254, to authorize appropriations for fiscal year 2013 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.

       At the end of subtitle D of title X, add the following:

     SEC. 1032. PROHIBITION ON THE INDEFINITE DETENTION OF 
                   CITIZENS AND LAWFUL PERMANENT RESIDENTS.

       Section 4001 of title 18, United States Code, is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b)(1) An authorization to use military force, a 
     declaration of war, or any similar authority shall not 
     authorize the detention without charge or trial of a citizen 
     or lawful permanent resident of the United States apprehended 
     in the United States, unless an Act of Congress expressly 
     authorizes such detention.
       ``(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 2013.
       ``(3) Paragraph (1) shall not be construed to authorize the 
     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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