I 
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) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Committees on Armed Services and For-
eign Affairs, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To amend title 18, United States Code, to provide for limita-
tions on detentions of certain individuals, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives 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: 
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‘‘(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 appre-
hension or detention of any person except to the extent 
that the Constitution, the law of war, and otherwise appli-
cable human rights law permits. 
‘‘(2) Except as expressly provided by an Act of Con-
gress, an authorization for the use of military force, a dec-
laration of war, or any similar Act pertaining to the au-
thority of the President over the use of the Armed Forces 
of the United States may not authorize the detention with-
out 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 simi-
lar 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 sub-
section. 
‘‘(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 as-
sert a claim or defense under this section shall be governed 
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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 con-
stitute an Act of Congress expressly providing an excep-
tion to the prohibition in that subsection. 
SEC. 4. REPEAL OF REQUIREMENT FOR MILITARY CUS-
TODY. 
(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’’. 
Æ 
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