Amendment of National Defense Authorization Act
113th Congress
1st Session
S. ____
To retroactively repeal certain unconstitutional provisions concerning detention of persons, and enact other protections of rights against detention.
IN THE UNITED STATES SENATE
January 25, 2013
Mr. ROLAND of Texas introduced the following bill; which was referred to the Judiciary Committee.
A BILL
To repeal section 1021 of the National Defense Authorization Act for Fiscal Year 2012, and enact other protections of rights against detention.
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 'Amendment of National Defense Authorization Act'.
SEC. 2. FINDINGS AND AUTHORITY.
1. The authority for this act is the United States Constitution, Article I, Section 1.
2. Section 1021 of the National Defense Authorization Act for Fiscal Year 2012 is unconstitutional.
SEC. 3. ENACTMENT AND REPEALS.
1. Section 1021 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) is hereby repealed, retroactively.
2. All nonstate actors who commit warlike acts against assets of nations other than their own shall be everywhere designated "pirates", not "terrorists", and shall be held subject to the laws of piracy under the Law of Nations clause, Article I Section 8 Clause 10, of the U.S. Constitution.
3. U.S. citizens who commit warlike acts against assets of the United States and it citizens shall be deemed to have committed treason, not piracy, if it seeks the overthrow of the constitutional order of the United States, but this does not include ordinary crimes for passion or gain.
4. No person shall be indefinitely detained as a 'material witness' or the equivalent, except those taken on the field of battle who were engaged in combat at the time of capture, and any person detained shall be released upon failure to prove authority to detain within 20 days of being served by a writ of habeas corpus filed by any person, even if the court does not hear or decide the issue on its merits within that time.
5. A rule of construction for all detentions shall be the presumption of nonauthority.
SEC. 4. REMEDIATION.
Persons injured by the repealed act while it was enacted shall be entitled to just compensation therefor, upon adjudication in the United States Court of Claims, or other court of competent jurisdiction.
END.
