Military Commissions Revision Act of 2007

Military Commissions Revision Act of 2007 - Amends federal law concerning powers and procedures of military commissions (commissions) to redefine the term "unlawful enemy combatant" as 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.

Repeals the requirement that a finding by a combatant status review tribunal that a person is an unlawful enemy combatant be dispositive for purposes of jurisdiction for trial by a commission.

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

Prohibits a court or judge jurisdiction to hear or consider an application for a writ of habeas corpus filed by an alien enemy combatant detained by the United States who has been determined by a combatant status review panel to have been properly detained, unless 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.

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2543 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2543

  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.


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                    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.

    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 ``Military Commissions Revision Act of 
2007''.

SEC. 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.''.

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, is amended by 
striking subsection (c) and by redesignating subsection (d) as 
subsection (c).

SEC. 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.''.

SEC. 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).

SEC. 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.
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