I 

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. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Military Commissions 

3 Revision Act of 2007’’. 

4 SEC. 2. DEFINITION OF UNLAWFUL ENEMY COMBATANT. 

5 Paragraph (1) of section 948a of title 10, United 

6 States Code, is amended to read as follows: 

7 ‘‘(1) UNLAWFUL ENEMY COMBATANT.—The 

8 term ‘‘unlawful enemy combatant’’ means a person 

9 who has engaged in, attempted, or conspired to en10 gage in acts of armed hostilities or terrorism against 

11 the United States or its co-belligerents, and who is 

12 not a lawful enemy combatant.’’. 

13 SEC. 3. DETERMINATION OF UNLAWFUL ENEMY COMBAT14 ANT STATUS BY COMBATANT STATUS REVIEW 

15 TRIBUNAL NOT DISPOSITIVE FOR PURPOSES 

16 OF JURISDICTION OF MILITARY COMMIS17 SIONS. 

18 Section 948d of title 10, United States Code, is 

19 amended by striking subsection (c) and by redesignating 

20 subsection (d) as subsection (c). 

21 SEC. 4. EXCLUSION OF STATEMENTS OBTAINED BY COER22 CION. 

23 Section 948r of title 10, United States Code, is 

24 amended by striking subsections (c) and (d) and inserting 

25 the following new subsection (c): 


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1 ‘‘(c) EXCLUSION OF STATEMENTS OBTAINED BY CO2 ERCION.—A statement obtained by a degree of coercion 

3 less than torture may be admitted only if the military 

4 judge finds that— 

5 ‘‘(1) the totality of the circumstances indicates 

6 that the statement possesses probative value to a 

7 reasonable person; 

8 ‘‘(2) the interests of justice would best be 

9 served by admitting the statement into evidence; and 

10 ‘‘(3) the interrogation methods used to obtain 

11 the statement do not amount to cruel, inhuman or 

12 degrading treatment.’’. 

13 SEC. 5. HABEAS CORPUS MATTERS. 

14 (a) IN GENERAL.—Paragraph (1) of section 2241(e) 

15 of title 28, United States Code, is amended to read as 

16 follows: 

17 ‘‘(1) No court, justice, or judge shall have juris18 diction to hear or consider an application for a writ 

19 of habeas corpus filed by or on behalf of an alien 

20 enemy combatant detained by the United States who 

21 has been determined by a Combatant Status Review 

22 Tribunal, or other administrative review body con23 stituted in accordance with United States law, to 

24 have been properly detained as an enemy combatant, 

25 unless a period of two years has elapsed since the 


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1 date of detention and no criminal charges are pend2 ing against the detainee at the time the writ is 

3 filed.’’ 

4 (b) CONFORMING AMENDMENT.—Section 950j of 

5 title 10, United States Code, is amended by striking sub6 section (b). 

7 SEC. 6. EFFECTIVE DATE. 

8 This Act and the amendments made by this Act shall 

9 take effect on the date of the enactment of this Act, and 

10 shall apply to all cases, without exception, pending on or 

11 after the enactment of this Act, which relate to any aspect 

12 of the detention, transfer, treatment, trial, or conditions 

13 of detention of an alien detained by the United States 

14 since September 11, 2001. 

Æ 


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