Page:United States Statutes at Large Volume 120.djvu/2667

 120 STAT. 2636

PUBLIC LAW 109–366—OCT. 17, 2006

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) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination. ‘‘(2) Except as provided in paragraphs (2) and (3) of section 1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801 note), no court, justice, or judge shall have jurisdiction to hear or consider any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien who is or was detained by the United States and has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply to all cases, without exception, pending on or after the date of the enactment of this Act which relate to any aspect of the detention, transfer, treatment, trial, or conditions of detention of an alien detained by the United States since September 11, 2001.

28 USC 2441 note.

SEC. 8. REVISIONS TO DETAINEE TREATMENT ACT OF 2005 RELATING TO PROTECTION OF CERTAIN UNITED STATES GOVERNMENT PERSONNEL.

Applicability. 42 USC 2000dd–1 note.

(a) COUNSEL AND INVESTIGATIONS.—Section 1004(b) of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd–1(b)) is amended— (1) by striking ‘‘may provide’’ and inserting ‘‘shall provide’’; (2) by inserting ‘‘or investigation’’ after ‘‘criminal prosecution’’; and (3) by inserting ‘‘whether before United States courts or agencies, foreign courts or agencies, or international courts or agencies,’’ after ‘‘described in that subsection’’. (b) PROTECTION OF PERSONNEL.—Section 1004 of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd–1) shall apply with respect to any criminal prosecution that— (1) relates to the detention and interrogation of aliens described in such section; (2) is grounded in section 2441(c)(3) of title 18, United States Code; and (3) relates to actions occurring between September 11, 2001, and December 30, 2005. SEC. 9. REVIEW OF JUDGMENTS OF MILITARY COMMISSIONS.

Section 1005(e)(3) of the Detainee Treatment Act of 2005 (title X of Public Law 109–148; 119 Stat. 2740; 10 U.S.C. 801 note) is amended— (1) in subparagraph (A), by striking ‘‘pursuant to Military Commission Order No. 1. dated August 31, 2005 (or any successor military order)’’ and inserting ‘‘by a military commission under chapter 47A of title 10, United States Code’’; (2) by striking subparagraph (B) and inserting the following new subparagraph (B):

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