[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2826 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2826

To amend titles 28 and 10, United States Code, to restore habeas corpus 
    for individuals detained by the United States at Naval Station, 
             Guantanamo Bay, Cuba, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 2007

 Mr. Skelton (for himself, Mr. Conyers, Mr. Bartlett of Maryland, Mr. 
Nadler, Mr. Jones of North Carolina, Mr. Boucher, Mr. Abercrombie, Mr. 
Meehan, Ms. Jackson-Lee of Texas, Mr. Smith of Washington, Mr. Andrews, 
 Mrs. Tauscher, Mr. Brady of Pennsylvania, Mr. Udall of Colorado, Ms. 
 Harman, Ms. Castor, Mr. Courtney, Mr. Johnson of Georgia, Mr. Patrick 
 J. Murphy of Pennsylvania, Mr. Sestak, Ms. Shea-Porter, Mr. Pomeroy, 
 Ms. Zoe Lofgren of California, Ms. Baldwin, Mr. Larsen of Washington, 
    Mr. Cohen, Mr. Ellison, Ms. Giffords, Mrs. Gillibrand, and Mr. 
  Loebsack) 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 amend titles 28 and 10, United States Code, to restore habeas corpus 
    for individuals detained by the United States at Naval Station, 
             Guantanamo Bay, Cuba, and for other purposes.

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

SECTION 1. RESTORATION OF HABEAS CORPUS.

    (a) Restoration.--Subsection (e) of section 2241 of title 28, 
United States Code, is amended to read as follows:
    ``(e)(1)(A) No court, justice, or judge shall have jurisdiction to 
hear or consider any action, other than an action described in 
subparagraph (B), against the United States or its agents relating to 
any aspect of the detention, treatment, trial, or conditions of 
confinement of an alien who is or was detained by the United States and 
who has been determined by the United States to have been properly 
detained as an enemy combatant or is awaiting such determination.
    ``(B) An action described in this subparagraph is--
            ``(i) an application for a writ of habeas corpus, including 
        an application challenging transfer; or
            ``(ii) any action solely for prospective injunctive relief 
        against transfer.
    ``(2) Notwithstanding paragraph (1), no court, justice, or judge 
shall have jurisdiction to consider an action described in subparagraph 
(B) brought by an alien who is in the custody or under the effective 
control of the United States, in a zone of active combat involving the 
United States Armed Forces, and where the United States is implementing 
Enemy Prisoners of War, Retained Personnel, Civilian Internees, and 
Other Detainees, United States Army Regulation 190-8 (1997), or any 
successor regulation, as determined by the President.
    ``(3) Nothing in this subsection shall be construed as creating a 
new cause of action.''.
    (b) Review of Combatant Status Review Tribunals.--Sections 1005(e) 
of the Detainee Treatment Act of 2005 (Public Law 109-148) and 1405(e) 
of the Detainee Treatment Act of 2005 (Public Law 109-163) are each 
amended--
            (1) by striking paragraph (1); and
            (2) in paragraph (2)(A), by inserting after ``Subject to'' 
        the following: ``section 2241 of title 28, United States Code, 
        and''.
    (c) Limited Review of Military Commission Procedures and Actions.--
Subsection (b) of section 950j of title 10, United States Code, is 
amended to read as follows:
    ``(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, 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.''.
    (d) Amendment to Military Commissions Act.--Section 7 of the 
Military Commissions Act of 2006 (Public Law 109-366) is amended to 
read as follows:

``SEC. 7. HABEAS CORPUS MATTERS.

    ``Section 2241 of title 28, United States Code, is amended by 
striking both the subsection (e) added by section 1005(e)(1) of Public 
Law 109-148 (119 Stat. 2742) and the subsection (e) added by added by 
section 1405(e)(1) of Public Law 109-163 (119 Stat. 3477) and inserting 
the following new subsection (e):
    ```(e)(1)(A) No court, justice, or judge shall have jurisdiction to 
hear or consider any action, other than an action described in 
subparagraph (B), against the United States or its agents relating to 
any aspect of the detention, treatment, trial, or conditions of 
confinement of an alien who is or was detained by the United States and 
who has been determined by the United States to have been properly 
detained as an enemy combatant or is awaiting such determination.
    ```(B) An action described in this subparagraph is--
            ```(i) an application for a writ of habeas corpus, 
        including an application challenging transfer; or
            ```(ii) any action solely for prospective injunctive relief 
        against transfer.
    ```(2) Notwithstanding paragraph (1), no court, justice, or judge 
shall have jurisdiction to consider an action described in subparagraph 
(B) brought by an alien who is in the custody or under the effective 
control of the United States, in a zone of active combat involving the 
United States Armed Forces, and where the United States is implementing 
Enemy Prisoners of War, Retained Personnel, Civilian Internees, and 
Other Detainees, United States Army Regulation 190-8 (1997), or any 
successor regulation, as determined by the President.
    ```(3) Nothing in this subsection shall be construed as creating a 
new cause of action.'.''.
    (e) Effective Date.--The amendments made by this Act shall take 
effect on the date of the enactment of this Act, and shall apply to all 
cases, without exception, which are pending on or after the date of the 
enactment of this Act.
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