110 HR 2826 IH: To amend titles 28 and 10, United States Code, to restore U.S. House of Representatives 2007-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 2826 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.

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:

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.