Effective Terrorists Prosecution Act of 2006 - Amends federal armed forces provisions enacted by the Military Commissions Act of 2006 to, among other things: (1) exclude from military commission (commission) trials statements obtained by coercion; (2) allow a commission military judge to exclude hearsay evidence determined to be unreliable or lacking in probative value; (3) provide for review of commission decisions by the U.S. Court of Appeals for the Armed Forces rather than the Court of Military Commission Review; (4) revise generally provisions concerning the implementation of treaty obligations with respect to the U.S. prosecution of enemy combatants; (5) restore habeas corpus rights for individuals detained by the United States; and (6) provide for expedited judicial review of provisions of the Military Commissions Act of 2006.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4060 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 4060
To amend the Military Commissions Act of 2006 to improve and enhance
due process and appellate procedures, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 16, 2006
Mr. Dodd introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend the Military Commissions Act of 2006 to improve and enhance
due process and appellate procedures, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Effective Terrorists Prosecution Act
of 2006''.
SEC. 2. DEFINITION OF UNLAWFUL ENEMY COMBATANT.
Paragraph (1) of section 948a of title 10, United States Code (as
enacted by the Military Commissions Act of 2006 (Public Law 109-366)),
is amended to read as follows:
``(1) Unlawful enemy combatant.--The term `unlawful enemy
combatant' means an individual who directly participates in
hostilities as part of an armed conflict against the United
States who is not a lawful enemy combatant. The term is used
solely to designate individuals triable by military commission
under this chapter.''.
SEC. 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 (as enacted by the
Military Commissions Act of 2006 (Public Law 109-366)), is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
SEC. 4. EXCLUSION FROM TRIAL BY MILITARY COMMISSION OF STATEMENTS
OBTAINED BY COERCION.
Section 948r of title 10, United States Code (as enacted by the
Military Commissions Act of 2006 (Public Law 109-366)), 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 use of coercion shall not be admissible in a military
commission under this chapter, except against a person accused of
coercion as evidence that the statement was made.''.
SEC. 5. DISCRETION OF MILITARY JUDGE TO EXCLUDE HEARSAY EVIDENCE
DETERMINED TO BE UNRELIABLE OR LACKING IN PROBATIVE
VALUE.
Section 949a(b)(2)(E)(ii) of title 10, United States Code (as
enacted by the Military Commissions Act of 2006 (Public Law 109-366)),
is amended by striking ``if the party opposing the admission of the
evidence demonstrates that the evidence is unreliable or lacking in
probative value'' and inserting ``if the military judge determines,
upon motion by counsel, that the evidence is unreliable or lacking in
probative value''.
SEC. 6. DISCRETION OF MILITARY JUDGE TO TAKE CERTAIN ACTIONS IN EVENT
THAT A SUBSTITUTE FOR CLASSIFIED EXCULPATORY EVIDENCE IS
INSUFFICIENT TO PROTECT THE RIGHT OF A DEFENDANT TO A
FAIR TRIAL.
Section 949j(d)(1) of title 10, United States Code (as enacted by
the Military Commissions Act of 2006 (Public Law 109-366)), is amended
by adding at the end the following: ``If the military judge determines
that the substitute is not sufficient to protect the right of the
defendant to a fair trial, the military judge may--
``(A) dismiss the charges in their entirety;
``(B) dismiss the charges or specifications or both to
which the information relates; or
``(C) take such other actions as may be required in the
interest of justice.''.
SEC. 7. REVIEW OF MILITARY COMMISSION DECISIONS BY UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES RATHER THAN COURT OF
MILITARY COMMISSION REVIEW.
(a) Review.--
(1) In general.--Section 950f of title 10, United States
Code (as enacted by the Military Commissions Act of 2006
(Public Law 109-366)), is amended to read as follows:
``Sec. 950f. Review by Court of Appeals for the Armed Forces
``(a) Cases To Be Reviewed.--The United States Court of Appeals for
the Armed Forces, in accordance with procedures prescribed under
regulations of the Secretary, shall review the record in each case that
is referred to the Court by the convening authority under section 950c
of this title with respect to any matter of law raised by the accused.
``(b) Scope of Review.--In a case reviewed by the United States
Court of Appeals for the Armed Forces under this section, the Court may
only act with respect to matters of law.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter VI of chapter 47A of such title (as so
enacted) is amended by striking the item relating to section
950f and inserting the following new item:
``950f. Review by Court of Appeals for the Armed Forces.''.
(b) Conforming Amendments.--
(1) In general.--Chapter 47A of title 10, United States
Code (as so enacted), is further amended as follows:
(A) In section 950c(a), by striking ``the Court of
Military Commission Review'' and inserting ``the United
States Court of Appeals for the Armed Forces''.
(B) In section 950d, by striking ``the Court of
Military Commission Review'' each place it appears and
inserting ``the United States Court of Appeals for the
Armed Forces''.
(C) In section 950g(a)(2), by striking ``the Court
of Military Commission Review'' each place it appears
and inserting ``the United States Court of Appeals for
the Armed Forces''.
(D) In section 950h, by striking ``the Court of
Military Commission Review'' each place it appears and
inserting ``the United States Court of Appeals for the
Armed Forces''.
(2) Uniform code of military justice.--Section 867a(a) of
title 10, United States Code (article 67a(a) of the Uniform
Code of Military Justice), is amended by striking ``Decisions''
and inserting ``Except as provided in sections 950d and 950g of
this title, decisions''.
SEC. 8. IMPLEMENTATION OF TREATY OBLIGATIONS.
(a) In General.--Section 6(a) of the Military Commissions Act of
2006 (Public Law 109-366) is amended--
(1) in paragraph (2)--
(A) in the first sentence, by inserting after
``international character'' the following: ``and
preserve the capacity of the United States to prosecute
nationals of enemy powers for engaging in acts against
members of the United States Armed Forces and United
States citizens that have been prosecuted by the United
States as war crimes in the past''; and
(B) by striking the second sentence; and
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``the President has the
authority for the United States to interpret
the meaning and application of the Geneva
Conventions and to promulgate'' and inserting
``the President has the authority, subject to
congressional oversight and judicial review, to
promulgate''; and
(ii) by striking ``higher standards and'';
(B) in subparagraph (B), by striking
``interpretations'' and inserting ``rules''; and
(C) by amending subparagraph (D) to read as
follows:
``(D) The President shall notify other parties to
the Geneva Conventions that the United States expects
members of the United States Armed Forces and other
United States citizens detained in a conflict not of an
international character to be treated in a manner
consistent with the standards described in subparagraph
(A) and embodied in section 2441 of title 18, United
States Code, as amended by subsection (b).''.
(b) Modifications of War Crimes Offenses.--
(1) Inclusion of denial of trial rights among offenses.--
Paragraph (1) of section 2441(d) of title 18, United States
Code (as enacted by the Military Commissions Act of 2006), is
amended by adding at the end the following new subparagraph:
``(J) Denial of trial rights.--The act of a person
who intentionally denies one or more persons the right
to be tried before a regularly constituted court
affording all the judicial guarantees which are
recognized as indispensable by civilized peoples as
prescribed by common Article 3 of the Geneva
Conventions.''.
(2) Definition of serious physical pain or suffering.--
Clause (ii) of subparagraph ((D) of paragraph (2) of such
section (as so enacted) is amended to read as follows:
``(ii) serious physical pain;''.
SEC. 9. RESTORATION OF HABEAS CORPUS FOR INDIVIDUALS DETAINED BY THE
UNITED STATES.
(a) Restoration.--Subsection (e) of section 2241 of title 28,
United States Code, as amended by section 7(a) of the Military
Commissions Act of 2006 (Public Law 109-366), is repealed.
(b) Conforming Amendment.--Subsection (b) of section 7 of the
Military Commissions Act of 2006 (Public Law 109-366) is repealed.
SEC. 10. EXPEDITED JUDICIAL REVIEW OF MILITARY COMMISSIONS ACT OF 2006.
Notwithstanding any other provision of law, the following rules
shall apply to any civil action, including an action for declaratory
judgment, that challenges any provision of the Military Commissions Act
of 2006 (Public Law 109-366), or any amendment made by that Act, on the
ground that such provision or amendment violates the Constitution or
the laws of the United States:
(1) The action shall be filed in the United States District
Court for the District of Columbia and shall be heard in that
Court by a court of three judges convened pursuant to section
2284 of title 28, United States Code.
(2) An interlocutory or final judgment, decree, or order of
the United States District Court for the District of Columbia
in an action under paragraph (1) shall be reviewable as a
matter of right by direct appeal to the Supreme Court of the
United States. Any such appeal shall be taken by a notice of
appeal filed within 10 days after the date on which such
judgment, decree, or order is entered. The jurisdictional
statement with respect to any such appeal shall be filed within
30 days after the date on which such judgment, decree, or order
is entered.
(3) It shall be the duty of the United States District
Court for the District of Columbia and the Supreme Court of the
United States to advance on the docket and to expedite to the
greatest possible extent the disposition of any action or
appeal, respectively, brought under this section.
SEC. 11. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 17,
2006, the date of the enactment of the Military Commissions Act of 2006
(Public Law 109-366), immediately after the enactment of that Act and
shall apply to all cases, without exception, that are pending on or
after such date.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S11059-11060)
Read twice and referred to the Committee on Armed Services. (text of measure as introduced: CR S11060-11061)
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