H.R. 1416

Habeas Corpus Restoration Act of 2007

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I

110th CONGRESS

1st Session

H. R. 1416

IN THE HOUSE OF REPRESENTATIVES

March 8, 2007

Mr. Nadler (for himself, Ms. Harman, Ms. Schakowsky, Ms. Jackson-Lee of Texas, Mr. Ellison, Mr. Frank of Massachusetts, and Ms. Lee) 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 restore habeas corpus for those detained by the United States and to repeal the prohibition on treaty obligations establishing grounds for certain claims.

1.

Short title

This Act may be cited as the Habeas Corpus Restoration Act of 2007.

2.

Restoration of habeas corpus for those detained by the United States

(a)

In general

Section 2241 of title 28, United States Code, is amended by striking subsection (e).

(b)

Title 10

Section 950j of title 10, United States Code, is amended by striking subsection (b) and inserting the following:

(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, and notwithstanding any other provision of law, 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.

.

3.

Repeal of prohibition on treaty obligations establishing grounds for certain claims

The Military Commissions Act of 2006 (Public Law 109–366) is amended by striking section 5.

4.

Effective date and applicability

The amendments made by this Act shall—

(1)

take effect on the date of the enactment of this Act; and

(2)

apply to any case that is pending on or after the date of enactment of this Act.