[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4081 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 4081

   To restore habeas corpus for those detained by the United States.


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                   IN THE SENATE OF THE UNITED STATES

                            December 5, 2006

Mr. Specter (for himself and Mr. Leahy) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To restore habeas corpus for those detained by the United States.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Habeas Corpus Restoration Act of 
2006''.

SEC. 2. RESTORATION OF HABEAS CORPUS FOR THOSE DETAINED BY THE UNITED 
              STATES.

    (a) In General.--Section 2241 of title 28, United States Code, is 
amended by striking subsection (e).
    (b) Title 10.--Section 950j of title 10, United States Code, is 
amended by striking subsection (b) and inserting the following:
    ``(b) Limited Review of Military Commission Procedures and 
Actions.--Except as otherwise provided in this chapter or in section 
2241 of title 28 or any other habeas corpus provision, and 
notwithstanding any other provision of law, no court, justice, or judge 
shall have jurisdiction to hear or consider any claim or cause of 
action whatsoever, including any action pending on or filed after the 
date of the enactment of the Military Commissions Act of 2006, relating 
to the prosecution, trial, or judgment of a military commission under 
this chapter, including challenges to the lawfulness of procedures of 
military commissions under this chapter.''.

SEC. 3. EFFECTIVE DATE AND APPLICABILITY.

    The amendments made by this Act shall--
            (1) take effect on the date of the enactment of this Act; 
        and
            (2) apply to any case that is pending on or after the date 
        of enactment of this Act.
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