US Congress House Bill 2390 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 3-0)
Status: Introduced on June 14 2013 - 25% progression, died in committee
Action: 2013-07-15 - Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Pending: House Subcommittee on Crime, Terrorism, Homeland Security, And Investigations Committee
Text: Latest bill text (Introduced) [PDF]

No Detention without Charge Act of 2013 - 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.

No Detention without Charge Act of 2013

Rep. Jerrold Nadler [D-NY]

Rep. John Conyers [D-MI]

Rep. Robert Scott [D-VA]

Date	Chamber	Action
2013-07-15	House	Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
2013-07-15	House	Referred to the Subcommittee on the Constitution and Civil Justice.
2013-06-14	House	Referred to House Foreign Affairs
2013-06-14	House	Referred to House Armed Services
2013-06-14	House	Referred to House Judiciary
2013-06-14	House	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.

Type	Source
Summary	https://www.congress.gov/bill/113th-congress/house-bill/2390/all-info
Text	https://www.congress.gov/113/bills/hr2390/BILLS-113hr2390ih.pdf