110 HR 2543 IH: Military Commissions Revision Act of U.S. House of Representatives 2007-05-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 2543 IN THE HOUSE OF REPRESENTATIVES May 24, 2007 Ms. Loretta Sanchez of California introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on the Judiciary, 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 amend title 10, United States Code, to revise the definition of unlawful enemy combatant for purposes of laws administered by the Secretary of Defense relating to military commissions, to establish a statutory right of habeas corpus for individuals detained at the detention facility at Naval Station, Guantanamo Bay, Cuba, and for other purposes.

1.

Short title

This Act may be cited as the Military Commissions Revision Act of 2007.

2.

Definition of unlawful enemy combatant

Paragraph (1) of section 948a of title 10, United States Code, is amended to read as follows: (1)

Unlawful enemy combatant

The term “unlawful enemy combatant” means a person who has engaged in, attempted, or conspired to engage in acts of armed hostilities or terrorism against the United States or its co-belligerents, and who is not a lawful enemy combatant. .

3.

Determination of unlawful enemy combatant status by combatant status review tribunal not dispositive for purposes of jurisdiction of military commissions

Section 948d of title 10, United States Code, is amended by striking subsection (c) and by redesignating subsection (d) as subsection (c).

4.

Exclusion of statements obtained by coercion

Section 948r of title 10, United States Code, is amended by striking subsections (c) and (d) and inserting the following new subsection (c): (c)

Exclusion of statements obtained by coercion

A statement obtained by a degree of coercion less than torture may be admitted only if the military judge finds that— (1)the totality of the circumstances indicates that the statement possesses probative value to a reasonable person; (2)the interests of justice would best be served by admitting the statement into evidence; and (3)the interrogation methods used to obtain the statement do not amount to cruel, inhuman or degrading treatment. .

5.

Habeas corpus matters

(a)

In general

Paragraph (1) of section 2241(e) of title 28, United States Code, is amended to read as follows: (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 enemy combatant detained by the United States who has been determined by a Combatant Status Review Tribunal, or other administrative review body constituted in accordance with United States law, to have been properly detained as an enemy combatant, unless a period of two years has elapsed since the date of detention and no criminal charges are pending against the detainee at the time the writ is filed. (b)

Conforming amendment

Section 950j of title 10, United States Code, is amended by striking subsection (b).

6.

Effective date

This Act and the amendments made by this Act 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 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.