II 

110TH CONGRESS 

1ST SESSION S. 1876 

To prohibit extraterritorial detention and rendition, except under limited circumstances, to modify the definition of ‘‘unlawful enemy combatant’’ 

for purposes of military commissions, to extend statutory habeas corpus 

to detainees, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2007 

Mr. BIDEN introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To prohibit extraterritorial detention and rendition, except 

under limited circumstances, to modify the definition of 

‘‘unlawful enemy combatant’’ for purposes of military 

commissions, to extend statutory habeas corpus to detainees, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Security with 

5 Justice Act of 2007’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 


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1 (1) the term ‘‘aggrieved person’’— 

2 (A) means any individual subject by an of3 ficer or agent of the United States either to 

4 extraterritorial detention or rendition, except as 

5 authorized in this Act; and 

6 (B) does not include any individual who is 

7 an international terrorist; 

8 (2) the term ‘‘element of the intelligence com9 munity’’ means an element of the intelligence com10 munity specified in or designated under section 3(4) 

11 of the National Security Act of 1947 (50 U.S.C. 

12 401a(4)); 

13 (3) the term ‘‘extraterritorial detention’’ means 

14 detention of any individual by an officer or agent of 

15 the United States outside the territorial jurisdiction 

16 of the United States; 

17 (4) the term ‘‘Foreign Intelligence Surveillance 

18 Court’’ means the court established under section 

19 103(a) of the Foreign Intelligence Surveillance Act 

20 of 1978 (50 U.S.C. 1803(a)); 

21 (5) the term ‘‘Geneva Conventions’’ means— 

22 (A) the Convention for the Amelioration of 

23 the Condition of the Wounded and Sick in 

24 Armed Forces in the Field, done at Geneva Au25 gust 12, 1949 (6 UST 3114); 


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1 (B) the Convention for the Amelioration of 

2 the Condition of the Wounded, Sick, and Ship3 wrecked Members of the Armed Forces at Sea, 

4 done at Geneva August 12, 1949 (6 UST 

5 3217); 

6 (C) the Convention Relative to the Treat7 ment of Prisoners of War, done at Geneva Au8 gust 12, 1949 (6 UST 3316); and 

9 (D) the Convention Relative to the Protec10 tion of Civilian Persons in Time of War, done 

11 at Geneva August 12, 1949 (6 UST 3516); 

12 (6) the term ‘‘international terrorist’’ means— 

13 (A) any person, other than a United States 

14 person, who engages in international terrorism 

15 or activities in preparation therefor; and 

16 (B) any person who knowingly aids or 

17 abets any person in the conduct of activities de18 scribed in subparagraph (A) or knowingly con19 spires with any person to engage in activities 

20 described in subparagraph (A); 

21 (7) the terms ‘‘international terrorism’’ and 

22 ‘‘United States person’’ have the meanings given 

23 those terms in section 101 of the Foreign Intel24 ligence Surveillance Act of 1978 (50 U.S.C. 1801); 


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1 (8) the term ‘‘officer or agent of the United 

2 States’’ includes any officer, employee, agent, con3 tractor, or subcontractor acting for or on behalf of 

4 the United States; and 

5 (9) the terms ‘‘render’’ and ‘‘rendition’’, relat6 ing to an individual, mean that an officer or agent 

7 of the United States transfers that individual from 

8 the legal jurisdiction of the United States or a for9 eign country to a different legal jurisdiction (includ10 ing the legal jurisdiction of the United States or a 

11 foreign country) without authorization by treaty or 

12 by the courts of either such jurisdiction, except 

13 under an order of rendition issued under section 

14 104. 

15 SEC. 3. TABLE OF CONTENTS. 

16 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Definitions. 

Sec. 3. Table of contents. 

TITLE I—EXTRATERRITORIAL DETENTION AND RENDITION 

Sec. 101. Prohibition on extraterritorial detention. 

Sec. 102. Prohibition on rendition. 

Sec. 103. Application for an order of rendition. 

Sec. 104. Issuance of an order of rendition. 

Sec. 105. Authorizations and orders for emergency detention. 

Sec. 106. Uniform Standards for the Interrogation of Individuals Detained by 

the Government of the United States. 

Sec. 107. Protection of United States Government Personnel Engaged in an Interrogation. 

Sec. 108. Monitoring and reporting regarding the treatment, conditions of confinement, and status of legal proceedings of individuals rendered to foreign governments. 

Sec. 109. Report to Congress. 

Sec. 110. Civil liability. 

Sec. 111. Additional resources for foreign intelligence surveillance court. 


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Sec. 112. Rule of construction. 

Sec. 113. Authorization of appropriations. 

TITLE II—ENEMY COMBATANTS 

Sec. 201. Modification of definition of ‘‘unlawful enemy combatant’’ for purposes of military commissions. 

TITLE III—HABEAS CORPUS 

Sec. 301. Extending statutory habeas corpus to detainees. 

1 TITLE I—EXTRATERRITORIAL 

2 DETENTION AND RENDITION 

3 SEC. 101. PROHIBITION ON EXTRATERRITORIAL DETEN4 TION. 

5 (a) IN GENERAL.—Except as provided in subsection 

6 (b), no officer or agent of the United States shall engage 

7 in the extraterritorial detention of any individual. 

8 (b) EXCEPTIONS.—This section shall not apply to— 

9 (1) an individual detained and timely trans10 ferred to a foreign legal jurisdiction or the legal ju11 risdiction of the United States under an order of 

12 rendition issued under section 104 or an emergency 

13 authorization under section 105; 

14 (2) an individual— 

15 (A) detained by the Armed Forces of the 

16 United States in accordance with United States 

17 Army Regulation 190–8 (1997), or any suc18 cessor regulation certified by the Secretary of 

19 Defense; and 


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1 (B) detained by the Armed Forces of the 

2 United States— 

3 (i) under circumstances governed by, 

4 and in accordance with, the Geneva Con5 ventions; 

6 (ii) in accordance with United Nations 

7 Security Council Resolution 1546 (2004) 

8 and United Nations Security Council Reso9 lution 1723 (2004); 

10 (iii) at the Bagram, Afghanistan de11 tention facility; or 

12 (iv) at the Guantanamo Bay, Cuba 

13 detention center on the date of enactment 

14 of this Act; 

15 (3) an individual detained by the Armed Forces 

16 of the United States under circumstances governed 

17 by, and in accordance with chapter 47 of title 10, 

18 United States Code (the Uniform Code of Military 

19 Justice); 

20 (4) an individual detained by the Armed Forces 

21 of the United States subject to an agreement with 

22 a foreign government and in accordance with the rel23 evant laws of that foreign country when the Armed 

24 Forces of the United States are providing assistance 

25 to that foreign government; or 


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1 (5) an individual detained pursuant to a peace2 keeping operation authorized by the United Nations 

3 Security Council acting under Chapter VII of the 

4 Charter of the United Nations. 

5 SEC. 102. PROHIBITION ON RENDITION. 

6 (a) IN GENERAL.—Except as provided in subsection 

7 (b), no officer or agent of the United States shall render 

8 or participate in the rendition of any individual. 

9 (b) EXCEPTIONS.—This section shall not apply to— 

10 (1) an individual rendered under an order of 

11 rendition issued under section 104; 

12 (2) an individual detained and transferred by 

13 the Armed Forces of the United States under cir14 cumstances governed by, and in accordance with, the 

15 Geneva Conventions; 

16 (3) an individual— 

17 (A) for whom an attorney for the United 

18 States or for any State has filed a criminal in19 dictment, criminal information, or any similar 

20 criminal charging document in any district 

21 court of the United States or criminal court of 

22 any State; and 

23 (B) who is timely transferred to the United 

24 States for trial; 

25 (4) an individual— 


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1 (A) who was convicted of a crime in any 

2 State or Federal court; 

3 (B) who— 

4 (i) escaped from custody prior to the 

5 expiration of the sentence imposed; or 

6 (ii) violated the terms of parole, pro7 bation, or supervised release; and 

8 (C) who is promptly returned to the 

9 United States— 

10 (i) to complete the term of imprison11 ment; or 

12 (ii) for trial for escaping imprison13 ment or violating the terms of parole or 

14 supervised release; or 

15 (5) an individual detained by the United States 

16 at the Guantanamo Bay, Cuba detention center on 

17 the date of enactment of this Act who is transferred 

18 to a foreign legal jurisdiction. 

19 SEC. 103. APPLICATION FOR AN ORDER OF RENDITION. 

20 (a) IN GENERAL.—A Federal officer or agent may 

21 make an application for an order of rendition in writing, 

22 upon oath or affirmation, to a judge of the Foreign Intel23 ligence Surveillance Court, if the Attorney General of the 

24 United States or the Deputy Attorney General of the 


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1 United States determines that the requirements under this 

2 title for such an application have been satisfied. 

3 (b) CONTENTS.—Each application under subsection 

4 (a) shall include— 

5 (1) the identity of the Federal officer or agent 

6 making the application; 

7 (2) a certification that the Attorney General of 

8 the United States or the Deputy Attorney General 

9 of the United States has approved the application; 

10 (3) the identity of the specific individual to be 

11 rendered; 

12 (4) a statement of the facts and circumstances 

13 relied upon by the applicant to justify the good faith 

14 belief of the applicant that— 

15 (A) the individual to be rendered is an 

16 international terrorist; 

17 (B) the country to which the individual is 

18 to be rendered will not subject the individual to 

19 torture or cruel, inhuman, or degrading treat20 ment, within the meaning of the United Na21 tions Convention Against Torture and Other 

22 Cruel, Inhuman or Degrading Treatment or 

23 Punishment, done at New York on December 

24 10, 1984; 


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1 (C) the country to which the individual is 

2 to be rendered will timely initiate legal pro3 ceedings against that individual that comport 

4 with fundamental notions of due process; and 

5 (D) rendition of that individual is impor6 tant to the national security of the United 

7 States; and 

8 (5) a full and complete statement regarding— 

9 (A) whether ordinary legal procedures for 

10 the transfer of custody of the individual to be 

11 rendered have been tried and failed; or 

12 (B) the facts and circumstances that jus13 tify the good faith belief of the applicant that 

14 ordinary legal procedures reasonably appear to 

15 be— 

16 (i) unlikely to succeed if tried; or 

17 (ii) unlikely to adequately protect in18 telligence sources or methods. 

19 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

20 Section 103 of the Foreign Intelligence Surveillance Act 

21 of 1978 (50 U.S.C. 1803) is amended by adding at the 

22 end the following: 

23 ‘‘(g) The court established under subsection (a) may 

24 hear an application for and issue, and the court estab25 lished under subsection (b) may review the issuing or deVerDate Aug 31 2005 03:31 Jul 26, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1876.IS S1876

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1 nial of, an order of rendition under section 104 of the Na2 tional Security with Justice Act of 2007.’’. 

3 SEC. 104. ISSUANCE OF AN ORDER OF RENDITION. 

4 (a) IN GENERAL.—Upon filing of an application 

5 under section 103, a judge of the Foreign Intelligence Sur6 veillance Court shall enter an ex parte order as requested 

7 or as modified approving the rendition, if the judge finds 

8 that— 

9 (1) the Attorney General of the United States 

10 or the Deputy Attorney General of the United States 

11 has approved the application for rendition; 

12 (2) the application has been made by a Federal 

13 officer or agent; 

14 (3) the application establishes probable cause to 

15 believe that the individual to be rendered is an inter16 national terrorist; 

17 (4) ordinary legal procedures for transfer of 

18 custody of the individual have been tried and failed 

19 or reasonably appear to be unlikely to succeed for 

20 any of the reasons described in section 103(b)(5)(B); 

21 (5) the application, and such other information 

22 as is available to the judge, including reports of the 

23 Department of State and the United Nations Com24 mittee Against Torture and information concerning 

25 the specific characteristics and circumstances of the 


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1 individual, establish a substantial likelihood that the 

2 country to which the individual is to be rendered will 

3 not subject the individual to torture or to cruel, in4 human, or degrading treatment, within the meaning 

5 of the United Nations Convention Against Torture 

6 and Other Cruel, Inhuman or Degrading Treatment 

7 or Punishment, done at New York on December 10, 

8 1984; 

9 (6) the application, and such other information 

10 as is available to the judge, establish reason to be11 lieve that the country to which the individual is to 

12 be rendered will timely initiate legal proceedings 

13 against that individual that comport with funda14 mental notions of due process; and 

15 (7) the application establishes reason to believe 

16 that rendition of the individual to be rendered is im17 portant to the national security of the United States. 

18 (b) APPEAL.—The Government may appeal the de19 nial of an application for an order under subsection (a) 

20 to the court of review established under section 103(b) of 

21 the Foreign Intelligence Surveillance Act of 1978 (50 

22 U.S.C. 1803(b)), and further proceedings with respect to 

23 that application shall be conducted in a manner consistent 

24 with that section 103(b). 


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1 SEC. 105. AUTHORIZATIONS AND ORDERS FOR EMERGENCY 

2 DETENTION. 

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of this title, and subject to subsection (b), the Presi5 dent or the Director of National Intelligence may author6 ize the Armed Forces of the United States or an element 

7 of the intelligence community, acting within the scope of 

8 existing authority, to detain an international terrorist in 

9 a foreign jurisdiction if the President or the Director of 

10 National Intelligence reasonably determines that— 

11 (1) failure to detain that individual will result 

12 in a risk of imminent death or imminent serious 

13 bodily injury to any individual or imminent damage 

14 to or destruction of any United States facility; and 

15 (2) the factual basis for issuance of an order of 

16 rendition under paragraphs (3) and (7) of section 

17 104(a) exists. 

18 (b) NOTICE AND APPLICATION.—The President or 

19 the Director of National Intelligence may authorize an in20 dividual be detained under subsection (a) if— 

21 (1) the President or the Director of National 

22 Intelligence, or the designee of the President or the 

23 Director of National Intelligence, at the time of such 

24 authorization, immediately notifies the Foreign In25 telligence Surveillance Court that the President or 

26 the Director of National Intelligence has determined 


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1 to authorize that an individual be detained under 

2 subsection (a); and 

3 (2) an application in accordance with this title 

4 is made to the Foreign Intelligence Surveillance 

5 Court as soon as practicable, but not more than 72 

6 hours after the President or the Director of National 

7 Intelligence authorizes that individual to be de8 tained. 

9 (c) EMERGENCY RENDITION PROHIBITED.—The 

10 President or the Director of National Intelligence may not 

11 authorize the rendition to a foreign jurisdiction of, and 

12 the Armed Forces of the United States or an element of 

13 the intelligence community may not render to a foreign 

14 jurisdiction, an individual detained under this section, un15 less an order under section 104 authorizing the rendition 

16 of that individual has been obtained. 

17 (d) NONDELEGATION.—Except as provided in this 

18 section, the authority and duties of the President or the 

19 Director of National Intelligence under this section may 

20 not be delegated. 

21 SEC. 106. UNIFORM STANDARDS FOR THE INTERROGATION 

22 OF INDIVIDUALS DETAINED BY THE GOVERN23 MENT OF THE UNITED STATES. 

24 (a) IN GENERAL.—No individual in the custody or 

25 under the effective control of an officer or agent of the 


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1 United States or detained in a facility operated by or on 

2 behalf of the Department of Defense, the Central Intel3 ligence Agency, or any other agency of the Government 

4 of the United States shall be subject to any treatment or 

5 technique of interrogation not authorized by and listed in 

6 United States Army Field Manual 2–22.3, entitled 

7 ‘‘Human Intelligence Collector Operations’’. 

8 (b) APPLICABILITY.—Subsection (a) shall not apply 

9 with respect to any individual in the custody or under the 

10 effective control of the Government of the United States 

11 based on— 

12 (1) an arrest or conviction for violating Federal 

13 criminal law; or 

14 (2) an alleged or adjudicated violation of the 

15 immigration laws of the United States. 

16 (c) CONSTRUCTION.—Nothing in this section may be 

17 construed to diminish the rights under the Constitution 

18 of the United States of any individual in the custody or 

19 within the physical jurisdiction of the Government of the 

20 United States. 

21 SEC. 107. PROTECTION OF UNITED STATES GOVERNMENT 

22 PERSONNEL ENGAGED IN AN INTERROGA23 TION. 

24 (a) PROTECTION OF UNITED STATES GOVERNMENT

25 PERSONNEL.—In a civil action or criminal prosecution 


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1 against an officer or agent of the United States relating 

2 to an interrogation, it shall be a defense that such officer 

3 or agent of the United States complied with section 106. 

4 (b) APPLICABILITY.—Subsection (a) shall not apply 

5 with respect to any civil action or criminal prosecution re6 lating to the interrogation of an individual in the custody 

7 or under the effective control of the Government of the 

8 United States based on— 

9 (1) an arrest or conviction for violating Federal 

10 criminal law; or 

11 (2) an alleged or adjudicated violation of the 

12 immigration laws of the United States. 

13 (c) PROVISION OF COUNSEL.—In any civil action or 

14 criminal prosecution arising from the alleged use of an au15 thorized interrogation practice by an officer or agent of 

16 the United States, the Government of the United States 

17 may provide or employ counsel, and pay counsel fees, court 

18 costs, bail, and other expenses incident to representation. 

19 (d) CONSTRUCTION.—Nothing in this section may be 

20 construed— 

21 (1) to limit or extinguish any defense or protec22 tion from suit, civil or criminal liability, or damages 

23 otherwise available to a person or entity; or 

24 (2) to provide immunity from prosecution for 

25 any criminal offense by the proper authorities. 


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1 SEC. 108. MONITORING AND REPORTING REGARDING THE 

2 TREATMENT, CONDITIONS OF CONFINEMENT, 

3 AND STATUS OF LEGAL PROCEEDINGS OF IN4 DIVIDUALS RENDERED TO FOREIGN GOVERN5 MENTS. 

6 (a) IN GENERAL.—The Secretary of State shall— 

7 (1) regularly monitor the treatment of, the con8 ditions of confinement of, and the progress of legal 

9 proceedings against an individual rendered to a for10 eign legal jurisdiction under section 104; and 

11 (2) not later than 6 months after the date of 

12 enactment of this Act, and every 6 months there13 after, submit to the Select Committee on Intelligence 

14 of the Senate and the Permanent Select Committee 

15 on Intelligence of the House of Representatives a re16 port detailing the treatment of, the conditions of 

17 confinement of, and the progress of legal pro18 ceedings against any individual rendered to a foreign 

19 legal jurisdiction under section 104. 

20 (b) APPLICABILITY.—The Secretary of State shall in21 clude in the reports required under subsection (a)(2) infor22 mation relating to the treatment of, the conditions of con23 finement of, and the progress of legal proceedings against 

24 an individual rendered to a foreign legal jurisdiction under 

25 section 104 during the period beginning on the date that 

26 individual was rendered to a foreign legal jurisdiction 


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1 under section 104 and ending on the date that individual 

2 is released from custody by that foreign legal jurisdiction. 

3 SEC. 109. REPORT TO CONGRESS. 

4 The Attorney General shall— 

5 (1) submit to the Select Committee on Intel6 ligence of the Senate and the Permanent Select 

7 Committee on Intelligence of the House of Rep8 resentatives an annual report that contains— 

9 (A) the total number of applications made 

10 for an order of rendition under section 104; 

11 (B) the total number of such orders grant12 ed, modified, or denied; 

13 (C) the total number of emergency author14 izations issued under section 105; and 

15 (D) such other information as requested by 

16 the Select Committee on Intelligence of the 

17 Senate or the Permanent Select Committee on 

18 Intelligence of the House of Representatives; 

19 and 

20 (2) make available to the Select Committee on 

21 Intelligence of the Senate and the Permanent Select 

22 Committee on Intelligence of the House of Rep23 resentatives a copy of each application made and 

24 order issued under this title. 


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1 SEC. 110. CIVIL LIABILITY. 

2 (a) IN GENERAL.—An aggrieved person shall have a 

3 cause of action against the head of the department or 

4 agency that subjected that aggrieved person to 

5 extraterritorial detention or a rendition in violation of this 

6 title and shall be entitled to recover— 

7 (1) actual damages, but not less than liquidated 

8 damages of $1,000 for each day of the violation; 

9 (2) punitive damages; and 

10 (3) reasonable attorney’s fees. 

11 (b) JURISDICTION.—The United States District 

12 Court for the District of Columbia shall have original ju13 risdiction over any claim under this section. 

14 SEC. 111. ADDITIONAL RESOURCES FOR FOREIGN INTEL15 LIGENCE SURVEILLANCE COURT. 

16 (a) AUTHORITY FOR ADDITIONAL JUDGES.—Section 

17 103(a) of the Foreign Intelligence Surveillance Act of 

18 1978 (50 U.S.C. 1803(a)) is amended— 

19 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

20 (2) in paragraph (1), as so designated, by in21 serting ‘‘at least’’ before ‘‘seven of the United States 

22 judicial circuits’’; 

23 (3) by striking ‘‘If any judge so designated’’ 

24 and inserting the following: 

25 ‘‘(3) If any judge so designated’’; and 


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1 (4) by inserting after paragraph (1), as so des2 ignated, the following: 

3 ‘‘(2) In addition to the judges designated under para4 graph (1), the Chief Justice of the United States may des5 ignate as judges of the court established by paragraph (1) 

6 such judges appointed under article III of the Constitution 

7 of the United States as the Chief Justice determines ap8 propriate in order to provide for the prompt and timely 

9 consideration of applications under sections 103 of the 

10 National Security with Justice Act of 2007 for orders of 

11 rendition under section 104 of that Act. Any judge des12 ignated under this paragraph shall be designated pub13 licly.’’. 

14 (b) ADDITIONAL LEGAL AND OTHER PERSONNEL

15 FOR FOREIGN INTELLIGENCE SURVEILLANCE COURT.— 

16 There is authorized for the Foreign Intelligence Surveil17 lance Court such additional staff personnel as may be nec18 essary to facilitate the prompt processing and consider19 ation by that Court of applications under section 103 for 

20 orders of rendition under section 104 approving rendition 

21 of an international terrorist. The personnel authorized by 

22 this section are in addition to any other personnel author23 ized by law. 


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1 SEC. 112. RULE OF CONSTRUCTION. 

2 Nothing in this title may be construed as altering or 

3 adding to existing authorities for the extraterritorial de4 tention or rendition of any individual. 

5 SEC. 113. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated such sums as 

7 may be necessary to carry out this title and the amend8 ments made by this title. 

9 TITLE II—ENEMY COMBATANTS 

10 SEC. 201. MODIFICATION OF DEFINITION OF ‘‘UNLAWFUL 

11 ENEMY COMBATANT’’ FOR PURPOSES OF 

12 MILITARY COMMISSIONS. 

13 Section 948a(1)(A) of title 10, United States Code, 

14 is amended— 

15 (1) in the matter preceding clause (i), by strik16 ing ‘‘means’’; and 

17 (2) by striking clauses (i) and (ii) and inserting 

18 the following: 

19 ‘‘(i) means a person who is not a lawful 

20 enemy combatant and who— 

21 ‘‘(I) has engaged in hostilities against 

22 the United States; or 

23 ‘‘(II) has purposefully and materially 

24 supported hostilities against the United 

25 States (other than hostilities engaged in as 

26 a lawful enemy combatant); and 


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1 ‘‘(ii) does not include any person who is— 

2 ‘‘(I) a citizen of the United States or 

3 legally admitted to the United States; and 

4 ‘‘(II) taken into custody in the United 

5 States.’’. 

6 TITLE III—HABEAS CORPUS 

7 SEC. 301. EXTENDING STATUTORY HABEAS CORPUS TO DE8 TAINEES. 

9 (a) IN GENERAL.—Section 2241 of title 28, United 

10 States Code, is amended by striking subsection (e) and 

11 inserting the following: 

12 ‘‘(e)(1) The United States District Court for the Dis13 trict of Columbia shall have jurisdiction to hear or con14 sider an application for a writ of habeas corpus filed by 

15 or on behalf of any person detained by the United States 

16 who has been— 

17 ‘‘(A) determined by the United States to have 

18 been properly detained as an enemy combatant; or 

19 ‘‘(B) detained by the United States for more 

20 than 90 days without such a determination. 

21 ‘‘(2) The United States District Court for the Dis22 trict of Columbia shall have jurisdiction to hear or con23 sider an application for a writ of habeas corpus filed by 

24 or on behalf of any person detained by the United States 

25 who has been tried by military commission established 


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1 under chapter 47A of title 10, United States Code, and 

2 has exhausted the appellate procedure under subchapter 

3 VI of that chapter.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

5 (1) IN GENERAL.—Subchapter VI of chapter 

6 47A of title 10, United States Code, is amended— 

7 (A) by striking section 950g; 

8 (B) in section 950h— 

9 (i) in subsection (a), by adding at the 

10 end the following: ‘‘Appointment of appel11 late counsel under this subsection shall be 

12 for purposes of this chapter only, and not 

13 for any proceedings relating to an applica14 tion for a writ of habeas corpus relating to 

15 any matter tried by a military commis16 sion.’’; and 

17 (ii) in subsection (c), by striking ‘‘, 

18 the United States Court of Appeals for the 

19 District of Columbia, and the Supreme 

20 Court,’’; 

21 (C) in section 950j— 

22 (i) by striking ‘‘(a) FINALITY.—’’; 

23 and 

24 (ii) by striking subsection (b); and 


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1 (D) in the table of sections at the begin2 ning of that subchapter, by striking the item re3 lating to section 950g. 

4 (2) DETAINEE TREATMENT ACTS.— 

5 (A) IN GENERAL.—Section 1005(e) of the 

6 Detainee Treatment Act of 2005 (Public Law 

7 109–148; 119 Stat. 2742; 10 U.S.C. 801 note) 

8 is amended— 

9 (i) in subsection (e)— 

10 (I) by striking paragraph (2); 

11 and 

12 (II) by redesignating paragraphs 

13 (3) and (4) as paragraphs (2) and 

14 (3), respectively; and 

15 (ii) in subsection (h)(2)— 

16 (I) by striking ‘‘Paragraphs (2) 

17 and (3)’’ and inserting ‘‘Paragraph 

18 (2)’’; and 

19 (II) by striking ‘‘one of such 

20 paragraphs’’ and inserting ‘‘that para21 graph’’. 

22 (B) OTHER AMENDMENTS.—Section 1405 

23 of the Detainee Treatment Act of 2005 (Public 

24 Law 109–163; 119 Stat. 3475; 10 U.S.C. 801 

25 note) is amended— 


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1 (i) in subsection (e)— 

2 (I) by striking paragraph (2); 

3 and 

4 (II) by redesignating paragraphs 

5 (3) and (4) as paragraphs (2) and 

6 (3), respectively; and 

7 (ii) in subsection (h)(2)— 

8 (I) by striking ‘‘Paragraphs (2) 

9 and (3)’’ and inserting ‘‘Paragraph 

10 (2)’’; and 

11 (II) by striking ‘‘one of such 

12 paragraphs’’ and inserting ‘‘that para13 graph’’. 

14 (c) RULE OF CONSTRUCTION.—Notwithstanding sub15 section (a), no court, justice, or judge shall have jurisdic16 tion to consider an action described in subparagraph (a) 

17 brought by an alien who is in the custody of the United 

18 States, in a zone of active hostility involving the United 

19 States Armed Forces, and where the United States is im20 plementing United States Army Reg 190–8 (1997) or any 

21 successor, as certified by the Secretary of Defense. 

Æ 


cnoel on PRODPC60 with BILLS