[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4975 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4975

      To provide for habeas corpus review for unprivileged enemy 
                             belligerents.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 2010

 Mr. Daniel E. Lungren of California (for himself, Mr. Smith of Texas, 
 Mr. Sensenbrenner, Mr. Carter, Mr. Franks of Arizona, Mrs. Miller of 
  Michigan, Mr. Coble, and Mr. Linder) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
      To provide for habeas corpus review for unprivileged enemy 
                             belligerents.

    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 referred to as the ``Homeland Protection Act''.

SEC. 2. HABEAS CORPUS REVIEW FOR UNPRIVILEGED ENEMY BELLIGERENTS.

    Section 2241(e) of title 28, United States Code, is amended to read 
as follows:
    ``(e)(1) Except as provided in paragraph (2), no court, justice, or 
judge shall have jurisdiction to grant relief upon application for a 
writ of habeas corpus filed by, or on behalf of, an individual who is--
            ``(A) not a citizen of the United States or an alien 
        admitted for permanent residence to the United States; and
            ``(B) detained by the United States after September 11, 
        2001, pursuant to a determination that, or pending a 
        determination of whether or not, the individual is an 
        unprivileged enemy belligerent or unlawful enemy combatant.
    ``(2) The court, justice, or judge may grant relief otherwise 
prohibited by paragraph (1) if the court, justice, or judge determines 
that the applicant has rebutted the presumption in paragraph (3). In 
making that determination, the court, justice, or judge shall take into 
account the totality of all evidence and information presented to it.
    ``(3) There shall be a rebuttable presumption that the United 
States has the authority to detain the individual under paragraph 
(1)(B). The applicant may only rebut the presumption by showing that 
any determination that the United States has such authority would be 
clearly erroneous.
    ``(4) The court, justice, or judge shall not order disclosure of 
classified evidence or information in entertaining an application for a 
writ of habeas corpus to which this subsection applies unless the 
evidence or information is relevant, exculpatory, and there is some 
indication that the disclosure of that evidence or information would 
enable the applicant significantly to alter the quantum of proof in 
favor of the applicant.
    ``(5) The United States Court of Appeals for the District of 
Columbia Circuit shall have exclusive jurisdiction over any appeal from 
a disposition of an application for a writ of habeas corpus to which 
this subsection applies. If a United States district court grants 
relief to the applicant, the appeal on behalf of the United States 
shall be considered to be automatic unless waived by the United States. 
If the district court orders the release of the detained individual 
pending that appeal, the order of release shall not take effect until 
the court of appeals has reviewed and upheld that order. The court of 
appeals shall hear and determine the appeal as expeditiously as 
possible.
    ``(6) A term used in this subsection that is defined for the 
purposes of chapter 47A of title 10 shall have the same meaning in this 
subsection that it has for those purposes.''.
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