[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5751 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5751

 To amend title 18, United States Code, to provide for limitations on 
       detentions of certain individuals, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2012

   Mr. Nadler (for himself, Mr. Conyers, and Mr. Scott of Virginia) 
 introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committees on Armed Services and 
  Foreign Affairs, 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 amend title 18, United States Code, to provide for limitations on 
       detentions of certain individuals, 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 ``No Detention without Charge Act of 
2012''.

SEC. 2. LIMITATION ON DETENTIONS.

    Section 4001 of title 18, United States Code, is amended by 
inserting after subsection (b) the following:
    ``(c)(1) An authorization for the use of military force, a 
declaration of war, or any similar Act pertaining to the authority of 
the President over the use of the Armed Forces of the United States may 
not authorize the apprehension or detention of any person except to the 
extent that the Constitution, the law of war, and otherwise applicable 
human rights law permits.
    ``(2) Except as expressly provided by an Act of Congress, an 
authorization for the use of military force, a declaration of war, or 
any similar Act pertaining to the authority of the President over the 
use of the Armed Forces of the United States may not authorize the 
detention without charge of any person apprehended or detained in the 
United States, or a territory or possession of the United States.
    ``(d) Subsection (c) applies to an authorization for the use of 
military force, a declaration of war, or any similar Act pertaining to 
the authority of the President over the use of the Armed Forces of the 
United States enacted before, on, or after the date of enactment of 
this subsection.
    ``(e) A person may assert a violation of this section as a claim or 
defense in a judicial proceeding and obtain appropriate relief against 
a government. Standing to assert a claim or defense under this section 
shall be governed by the general rules of standing under Article III of 
the Constitution.''.

SEC. 3. RULE OF CONSTRUCTION.

    For purposes of section 4001(c)(2) of title 18, United States Code, 
the Authorization for Use of Military Force (Public Law 107-40; 50 
U.S.C. 1541 note) shall not constitute an Act of Congress expressly 
providing an exception to the prohibition in that subsection.

SEC. 4. REPEAL OF REQUIREMENT FOR MILITARY CUSTODY.

    (a) Repeal.--Section 1022 of the National Defense Authorization Act 
for Fiscal Year 2012 is hereby repealed.
    (b) Conforming Amendment.--Section 1029(b) of such Act is amended 
by striking ``applies to'' and all that follows through ``any other 
person'' and inserting ``applies to any person''.
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