S.Amdt. 1595
What it does: Adds SEC. 1074. REVIEW OF DETENTION OF ENEMY COMBATANTS at the end of S.Amdt. 1505
Sen. Lindsey Graham (R-SC)What it changes
1 change to S.Amdt. 1505 · shown in S.Amdt. 1505's text
Adds SEC. 1074. REVIEW OF DETENTION OF ENEMY COMBATANTS at the end of S.Amdt. 1505
Adds a sectionIn S.Amdt. 1505 as proposed
(2) The term "unlawful enemy combatant", with respect to noncitizens of the United States, means a person (other than a person described in paragraph (1)) engaging in war, other armed conflict, or hostile acts against the United States or its allies, or knowingly supporting others so engaged, regardless of location.
Inserted: SEC. 1074. REVIEW OF DETENTION OF ENEMY COMBATANTS.
Inserted: (a) Detention of Enemy Combatants.--Section 2241 of title 28, United States Code, is amended by adding at the end the following:
Inserted: "(e) No court, justice, or judge shall have jurisdiction to consider--
Inserted: "(1) an application for a writ of habeas corpus filed on behalf of an alien who is detained as an enemy combatant by the United States Government; or
Inserted: "(2) any other action challenging any aspect of the detention of an alien who is detained by the Secretary of Defense as an enemy combatant, if the alien has been afforded an opportunity to challenge his detention pursuant to the procedures specified in paragraphs (1) and (2) of section 1073(b) of the National Defense Authorization Act for Fiscal Year 2006, to the extent modified by the President pursuant to the authority in paragraph (3) of such section.".
Inserted: (b) Effective Date.--The amendment made by subsection (a) shall apply to any application or other action pending on or after the date of the enactment of this Act.
Original wording
At the end, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1595. Mr. GRAHAM (for himself and Mr. Kyl) submitted an amendment intended to be proposed to amendment SA 1505 submitted by Mr. Graham (for himself, Mr. Warner, and Mr. McCain) to the bill S. 1042, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. 1074. REVIEW OF DETENTION OF ENEMY COMBATANTS.
(a) Detention of Enemy Combatants.--Section 2241 of title 28, United States Code, is amended by adding at the end the following:
“(e) No court, justice, or judge shall have jurisdiction to consider--
“(1) an application for a writ of habeas corpus filed on behalf of an alien who is detained as an enemy combatant by the United States Government; or
“(2) any other action challenging any aspect of the detention of an alien who is detained by the Secretary of Defense as an enemy combatant, if the alien has been afforded an opportunity to challenge his detention pursuant to the procedures specified in paragraphs (1) and (2) of section 1073(b) of the National Defense Authorization Act for Fiscal Year 2006, to the extent modified by the President pursuant to the authority in paragraph (3) of such section.”.
(b) Effective Date.--The amendment made by subsection (a) shall apply to any application or other action pending on or after the date of the enactment of this Act.
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Senate amendment submitted
July 26, 2005