No Detention without Charge Act of 2012
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HR 5751 — No Detention without Charge Act of 2012
Last action — Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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Died in session
This bill died with 112th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
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.
Bill Text
We don't have the full text on file for this bill yet.
Read HR 5751 on the official United States source →Action History
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Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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Referred to House Foreign Affairs
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Referred to House Armed Services
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Referred to House Judiciary
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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.
Sponsors
- Jerrold Nadler · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does HR 5751 do?
- 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.
- Who sponsors HR 5751?
- HR 5751 is sponsored by Jerrold Nadler (D).
- What is the current status of HR 5751?
- This bill died with 112th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HR 5751?
- Track HR 5751 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes about 19 hours ago · updated continuously
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