[Congressional Record Volume 161, Number 90 (Monday, June 8, 2015)]
[Senate]
[Page S3882]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1853. Mr. LEE (for himself, Mrs. Feinstein, Mr. Paul, Mr. Cruz, 
and Ms. Collins) submitted an amendment intended to be proposed to 
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to 
authorize appropriations for fiscal year 2016 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. 1040. 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 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 2016.
       ``(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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