I 

113TH CONGRESS 

1ST SESSION H. R. 2390 

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 

JUNE 14, 2013 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Detention without 

5 Charge Act of 2013’’. 

6 SEC. 2. LIMITATION ON DETENTIONS. 

7 Section 4001 of title 18, United States Code, is 

8 amended by inserting after subsection (b) the following: 


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1 ‘‘(c)(1) An authorization for the use of military force, 

2 a declaration of war, or any similar Act pertaining to the 

3 authority of the President over the use of the Armed 

4 Forces of the United States may not authorize the appre5 hension or detention of any person except to the extent 

6 that the Constitution, the law of war, and otherwise appli7 cable human rights law permits. 

8 ‘‘(2) Except as expressly provided by an Act of Con9 gress, an authorization for the use of military force, a dec10 laration of war, or any similar Act pertaining to the au11 thority of the President over the use of the Armed Forces 

12 of the United States may not authorize the detention with13 out charge of any person apprehended or detained in the 

14 United States, or a territory or possession of the United 

15 States. 

16 ‘‘(d) Subsection (c) applies to an authorization for 

17 the use of military force, a declaration of war, or any simi18 lar Act pertaining to the authority of the President over 

19 the use of the Armed Forces of the United States enacted 

20 before, on, or after the date of enactment of this sub21 section. 

22 ‘‘(e) A person may assert a violation of this section 

23 as a claim or defense in a judicial proceeding and obtain 

24 appropriate relief against a government. Standing to as25 sert a claim or defense under this section shall be governed 


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1 by the general rules of standing under Article III of the 

2 Constitution.’’. 

3 SEC. 3. RULE OF CONSTRUCTION. 

4 For purposes of section 4001(c)(2) of title 18, United 

5 States Code, the Authorization for Use of Military Force 

6 (Public Law 107–40; 50 U.S.C. 1541 note) shall not con7 stitute an Act of Congress expressly providing an excep8 tion to the prohibition in that subsection. 

9 SEC. 4. REPEAL OF REQUIREMENT FOR MILITARY CUS10 TODY. 

11 (a) REPEAL.—Section 1022 of the National Defense 

12 Authorization Act for Fiscal Year 2012 is hereby repealed. 

13 (b) CONFORMING AMENDMENT.—Section 1029(b) of 

14 such Act is amended by striking ‘‘applies to’’ and all that 

15 follows through ‘‘any other person’’ and inserting ‘‘applies 

16 to any person’’. 

Æ 


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