[Congressional Record Volume 162, Number 89 (Tuesday, June 7, 2016)]
[Senate]
[Page S3547]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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