[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 64 Introduced in House (IH)]







111th CONGRESS
  1st Session
                                 H. R. 64

To amend title 28, United States Code, to repeal the restriction on the 
   jurisdiction of courts, justices, and judges to hear or consider 
   applications for writs of habeas corpus filed by or on behalf of 
             certain aliens detained by the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2009

   Ms. Jackson-Lee of Texas introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 28, United States Code, to repeal the restriction on the 
   jurisdiction of courts, justices, and judges to hear or consider 
   applications for writs of habeas corpus filed by or on behalf of 
             certain aliens 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 ``Military Commissions Habeas Corpus 
Restoration Act of 2009''.

SEC. 2. REPEAL OF RESTRICTION ON HABEAS CORPUS.

    (a) Repeal.--Section 2241 of title 28, United States Code, is 
amended by striking subsection (e).
    (b) Conforming Amendment.--
            (1) In general.--Chapter 99 of title 28, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 1632. Jurisdiction to hear actions against the United States 
              relating to enemy combatants
    ``Except as provided in paragraphs (2) and (3) of section 1005(e) 
of the Detainee Treatment Act of 2005 (10 U.S.C. 801 note), no court, 
justice, or judge shall have jurisdiction to hear or consider any 
action against the United States or its agents, other than an 
application for a writ of habeas corpus, relating to any aspect of the 
detention, transfer, treatment, trial, or conditions of confinement of 
an alien who is or was detained by the United States and has been 
determined by the United States to have been properly detained as an 
enemy combatant or is awaiting such determination.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``1632. Jurisdiction to hear actions against the United States relating 
                            to enemy combatants.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to all cases, without exception, pending on or after the date of 
the enactment of the Detainee Treatment Act of 2005 (Public Law 109-
148; 119 Stat. 2739) which relate to any aspect of the detention, 
transfer, treatment, trial, or conditions of detention of an alien 
detained by the United States since September 11, 2001.
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