I 
111TH CONGRESS 
2D SESSION 
H. R. 4975 
To provide for habeas corpus review for unprivileged enemy belligerents. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 25, 2010 
Mr. DANIEL E. LUNGREN of California (for himself, Mr. SMITH of Texas, Mr. 
SENSENBRENNER, Mr. CARTER, Mr. FRANKS of Arizona, Mrs. MILLER 
of Michigan, Mr. COBLE, and Mr. LINDER) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To provide for habeas corpus review for unprivileged enemy 
belligerents. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be referred to as the ‘‘Homeland Pro-
tection Act’’. 
SEC. 2. HABEAS CORPUS REVIEW FOR UNPRIVILEGED 
ENEMY BELLIGERENTS. 
Section 2241(e) of title 28, United States Code, is 
amended to read as follows: 
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‘‘(e)(1) Except as provided in paragraph (2), no 
court, justice, or judge shall have jurisdiction to grant re-
lief upon application for a writ of habeas corpus filed by, 
or on behalf of, an individual who is— 
‘‘(A) not a citizen of the United States or an 
alien admitted for permanent residence to the 
United States; and 
‘‘(B) detained by the United States after Sep-
tember 11, 2001, pursuant to a determination that, 
or pending a determination of whether or not, the 
individual is an unprivileged enemy belligerent or 
unlawful enemy combatant. 
‘‘(2) The court, justice, or judge may grant relief oth-
erwise prohibited by paragraph (1) if the court, justice, 
or judge determines that the applicant has rebutted the 
presumption in paragraph (3). In making that determina-
tion, the court, justice, or judge shall take into account 
the totality of all evidence and information presented to 
it. 
‘‘(3) There shall be a rebuttable presumption that the 
United States has the authority to detain the individual 
under paragraph (1)(B). The applicant may only rebut the 
presumption by showing that any determination that the 
United States has such authority would be clearly erro-
neous. 
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‘‘(4) The court, justice, or judge shall not order dis-
closure of classified evidence or information in enter-
taining an application for a writ of habeas corpus to which 
this subsection applies unless the evidence or information 
is relevant, exculpatory, and there is some indication that 
the disclosure of that evidence or information would enable 
the applicant significantly to alter the quantum of proof 
in favor of the applicant. 
‘‘(5) The United States Court of Appeals for the Dis-
trict of Columbia Circuit shall have exclusive jurisdiction 
over any appeal from a disposition of an application for 
a writ of habeas corpus to which this subsection applies. 
If a United States district court grants relief to the appli-
cant, the appeal on behalf of the United States shall be 
considered to be automatic unless waived by the United 
States. If the district court orders the release of the de-
tained individual pending that appeal, the order of release 
shall not take effect until the court of appeals has reviewed 
and upheld that order. The court of appeals shall hear 
and determine the appeal as expeditiously as possible. 
‘‘(6) A term used in this subsection that is defined 
for the purposes of chapter 47A of title 10 shall have the 
same meaning in this subsection that it has for those pur-
poses.’’. 
Æ 
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