[Congressional Record Volume 163, Number 148 (Wednesday, September 13, 2017)]
[Senate]
[Pages S5699-S5700]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.''.
                                 ______