I 
110TH CONGRESS 
1ST SESSION H. R. 2826 
To amend titles 28 and 10, United States Code, to restore habeas corpus 
for individuals detained by the United States at Naval Station, Guanta-
namo Bay, Cuba, and for other purposes. 
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. ABER-
CROMBIE, Mr. MEEHAN, Ms. JACKSON-LEE of Texas, Mr. SMITH of 
Washington, Mr. ANDREWS, Mrs. TAUSCHER, Mr. BRADY of Pennsyl-
vania, Mr. UDALL
of Colorado, Ms. HARMAN, Ms. CASTOR, Mr. 
COURTNEY, Mr. JOHNSON of Georgia, Mr. PATRICK J. MURPHY of Penn-
sylvania, 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 Com-
mittee 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 jurisdic-
tion 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 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 juris-
diction 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, treat-
ment, 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 deter-
mination. 
‘‘(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, jus-
tice, 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 Per-
sonnel, Civilian Internees, and Other Detainees, United 
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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 TRIBU-
NALS.—Sections 1005(e) of the Detainee Treatment Act 
of 2005 (Public Law 109–148) and 1405(e) of the De-
tainee 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 pro-
vided 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, 
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trial, or judgment of a military commission under this 
chapter, including challenges to the lawfulness of proce-
dures 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: 
‘‘SEC. 7. HABEAS CORPUS MATTERS. 
‘‘Section 2241 of title 28, United States Code, is 
amended by striking both the subsection (e) added by sec-
tion 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 ju-
risdiction 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 prop-
erly 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 
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