[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1416 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1416

To restore habeas corpus for those detained by the United States and to 
 repeal the prohibition on treaty obligations establishing grounds for 
                            certain claims.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2007

Mr. Nadler (for himself, Ms. Harman, Ms. Schakowsky, Ms. Jackson-Lee of 
Texas, Mr. Ellison, Mr. Frank of Massachusetts, and Ms. Lee) introduced 
    the following bill; which was referred to the Committee on the 
 Judiciary, and in addition to the Committee on Armed Services, 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 restore habeas corpus for those detained by the United States and to 
 repeal the prohibition on treaty obligations establishing grounds for 
                            certain claims.

    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 
2007''.

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. REPEAL OF PROHIBITION ON TREATY OBLIGATIONS ESTABLISHING 
              GROUNDS FOR CERTAIN CLAIMS.

    The Military Commissions Act of 2006 (Public Law 109-366) is 
amended by striking section 5.

SEC. 4. 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.
                                 <all>