H.R. 5751 (112th): No Detention without Charge Act of 2012

Introduced:
May 15, 2012 (112th Congress, 2011–2013)
Sponsor:
Rep. Jerrold Nadler [D-NY8]
Status:
Died (Referred to Committee)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced on May 15, 2012, in a previous session of Congress, but was not enacted.

Progress
Introduced May 15, 2012
Referred to Committee May 15, 2012
Cosponsors
2 cosponsors (2D) (show)
Committees

House Armed Services

House Foreign Affairs

House Judiciary

The committee chair determines whether a bill will move past the committee stage.

Full Title

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

Summary

No summaries available.

Text

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Last updated May 15, 2012.
3 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

5/15/2012--Introduced.
No Detention without Charge Act of 2012 - Amends the federal criminal code to prohibit 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 U.S. Armed Forces from:
(1) authorizing 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 such apprehension or detention; or
(2) authorizing the detention without charge of any person apprehended or detained in the United States or a U.S. territory or possession, except as expressly provided by an Act of Congress. Declares that the Authorization for Use of Military Force (P.L. 107-40) shall not constitute such an Act of Congress. Allows a person to assert a violation of this Act as a claim or defense in a judicial proceeding and to obtain appropriate relief against a government.
Provides that standing to assert a claim or defense shall be governed by the general rules of standing under Article III of the Constitution. Repeals provisions of the National Defense Authorization Act for Fiscal Year 2012 that require U.S. Armed Forces to hold in military custody pending disposition under the law of war a person who is:
(1) captured in the course of hostilities authorized by the Authorization for Use of Military Force, and
(2) determined to be a member or part of al Qaeda or an associated force who participated in planning or carrying out an attack against the United States or its coalition partners.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

Slip Laws

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United States Code

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