Restore Unalienable Rights Act of 2014 - Amends the National Defense Authorization Act for Fiscal Year 2012 (with respect to the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force under P.L. 107-40) to prohibit U.S. Armed Forces from detaining, pending disposition under the law of war, a U.S. citizen or lawful resident alien of the United States who was captured, detained, or arrested in the United States.
Amends the federal criminal code to prohibit an authorization to use military force, a declaration of war, or any similar authority from authorizing the detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5121 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5121
To prohibit the indefinite detention of United States citizens and
lawful resident aliens, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 16, 2014
Mr. Bentivolio introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on the
Judiciary and Armed Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prohibit the indefinite detention of United States citizens and
lawful resident aliens, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore Unalienable Rights Act of
2014''.
SEC. 2. AMENDMENT OF THE NATIONAL DEFENSE AUTHORIZATION ACT.
Subsection (b) of section 1021 of the National Defense
Authorization Act for Fiscal Year 2012 (10 U.S.C. 801 note) is amended
to read as follows:
``(b) Covered Persons.--A covered person under this section is a
person--
``(1) who--
``(A) planned, authorized, committed, or aided the
terrorist attacks that occurred on September 11, 2001,
or harbored those responsible for those attacks; or
``(B) was a part of or substantially supported al-
Qaeda, the Taliban, or associated forces that are
engaged in hostilities against the United States or its
coalition partners, including any person who has
committed a belligerent act or has directly supported
such hostilities in aid of such enemy forces; and
``(2) who is not a United States citizen or lawful resident
alien of the United States who was captured, detained, or
arrested in the United States.''.
SEC. 3. 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) An authorization to use military force, a declaration of war,
or any similar authority may not authorize the detention without charge
or trial of a citizen or lawful permanent resident of the United States
apprehended in the United States.''.
SEC. 4. APPLICABILITY.
The amendments made by this Act shall apply with respect to a
person who is taken into custody or brought under the control of the
United States after the date of the enactment of this Act.
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Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Referred to the Subcommittee on the Constitution and Civil Justice.
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