‘‘(c) EXCLUSION OF STATEMENTS OBTAINED BY CO-
ERCION.—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. 7. MODIFICATION OF AUTHORITIES ON RULES FOR 
MILITARY COMMISSIONS. 
(a) RULES GENERALLY.—Subsection (a) of section 
949a of title 10, United States Code, is amended to read 
as follows: 
‘‘(a) PROCEDURES AND RULES OF EVIDENCE.—(1) 
Pretrial, trial, and post-trial procedures, including ele-
ments and modes of proof, for cases triable by military 
commission under this chapter may be prescribed by the 
Secretary of Defense. Such procedures may not be con-
trary to or inconsistent with this chapter. Except as other-
wise provided in this chapter or chapter 47 of this title, 
the procedures and rules of evidence applicable in trials 
by general courts-martial shall apply in trials by military 
commission under this chapter. 
‘‘(2) The Secretary of Defense may, in consultation 
with the Attorney General, make such exceptions in the 
applicability in trials by military commission under this 
chapter from the procedures and rules of evidence other-
wise applicable in general courts-martial as may be re-
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quired by the unique circumstances of the conduct of mili-
tary or intelligence operations during hostilities. Such ex-
ceptions may not be contrary to or inconsistent with this 
chapter.’’. 
(b) EXCLUSION OF EVIDENCE SEIZED INSIDE THE 
UNITED
STATES
WITHOUT
WARRANT.—Subsection 
(b)(2)(B) of such section is amended by inserting ‘‘seized 
outside the United States’’ after ‘‘Evidence’’. 
(c) DISCRETION OF MILITARY JUDGE TO EXCLUDE 
HEARSAY EVIDENCE DETERMINED TO BE UNRELIABLE 
OR
LACKING
IN
PROBATIVE
VALUE.—Subsection 
(b)(2)(E)(ii) of such section is amended by striking ‘‘if 
the party opposing the admission of the evidence dem-
onstrates that the evidence is unreliable or lacking in pro-
bative value’’ and inserting ‘‘if the military judge deter-
mines, upon motion by counsel, that the evidence is unreli-
able or lacking in probative value’’. 
SEC. 8. SELF-REPRESENTATION OF ACCUSED BEFORE MILI-
TARY COMMISSIONS. 
Section 949c of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(c) SELF-REPRESENTATION
BY
ACCUSED.—(1) 
Notwithstanding any provision of subsection (b), the ac-
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cused may represent himself in his defense before a mili-
tary commission under this chapter. 
‘‘(2) The accused’s representation of himself in his 
defense shall be governed by such rules as the Secretary 
of Defense shall prescribe. Such rules, and any rights, 
privileges, or limitations under such rules, shall be con-
sistent with rules applicable to self-representation by an 
accused in a criminal trial under the laws of the United 
States and international law. 
‘‘(3) If the accused represents himself under this sub-
section, the accused— 
‘‘(A) shall be assisted in his defense by military 
defense counsel detailed in accordance with sub-
section (b)(2); or 
‘‘(B) may be assisted in his defense by civilian 
defense counsel meeting the requirements of sub-
section (b)(3), together with military defense counsel 
so detailed. 
‘‘(4) Any civilian counsel assisting in the defense of 
an accused under this subsection shall comply with the 
provisions of subsection (b)(4). 
‘‘(5) Subsection (b)(7) shall not apply with respect 
to any defense counsel assisting in the defense of an ac-
cused under this subsection, except to the extent the ac-
cused is unable to carry out his defense.’’. 
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SEC. 9. ENHANCEMENT OF AUTHORITIES ON DISCOVERY 
OF WITNESSES AND OTHER EVIDENCE. 
Subsection (d)(1) of such section is amended by add-
ing at the end the following: ‘‘If the military judge deter-
mines 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 re-
quired in the interest of justice.’’. 
SEC. 10. 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, is amended to read as follows: 
‘‘SEC. 950f. REVIEW BY COURT OF APPEALS FOR THE 
ARMED FORCES. 
‘‘The United States Court of Appeals for the Armed 
Forces, in accordance with procedures prescribed in regu-
lations by the Secretary of Defense, 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 
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any matter of law, including whether any rational fact 
finder could have concluded that there was sufficient evi-
dence to establish guilt, raised by the accused.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter VI of chapter 
47A of such title is amended by striking the item re-
lating 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, is further amended as follows: 
(A) In section 950c(a), by striking ‘‘the 
Court of Military Commission Review’’ and in-
serting ‘‘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 
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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 (ar-
ticle 67a(a) of the Uniform Code of Military Jus-
tice), is amended by striking ‘‘Decisions’’ and insert-
ing ‘‘Except as provided in sections 950d and 950g 
of this title, decisions’’. 
SEC. 11. SCOPE OF REVIEW OF DETENTION-RELATED DECI-
SIONS. 
(a) SCOPE OF REVIEW OF UNITED STATES COURT 
OF APPEALS
FOR
THE DISTRICT
OF COLUMBIA CIR-
CUIT.—Section 950g of title 10, United States Code, is 
amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsection (d) as sub-
section (c). 
(b) SCOPE OF AUTHORITY FOR REVIEW OF MILITARY 
COMMISSION PROCEDURES
AND ACTIONS.—Subsection 
(b) of section 950j of such title is amended to read as 
follows: 
‘‘(b) LIMITED REVIEW OF MILITARY COMMISSION 
PROCEDURES AND ACTIONS.—Except as otherwise pro-
vided in this chapter, section 2241 of title 28, and any 
other habeas corpus provision, no court, justice, or judge 
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shall have jurisdiction to hear or consider any claim or 
cause of action whatsoever, including any action pending 
on or filed after October 17, 2006, relating to the prosecu-
tion, trial, or judgment of a military commission under 
this chapter, including challenges to the lawfulness of pro-
cedures of military commissions under this chapter.’’. 
(c) TERMINATION OF SUPERSEDED AUTHORITY FOR 
REVIEW OF CSRTS.—Section 1005(e) of the Detainee 
Treatment Act of 2005 (10 U.S.C. 801 note) is amended 
by striking paragraphs (2) through (4). 
SEC. 12. REPEAL OF PROHIBITION ON TREATY OBLIGA-
TIONS AS ESTABLISHING GROUNDS FOR CER-
TAIN CLAIMS. 
The Military Commissions Act of 2006 (Public Law 
109–366) is amended by striking section 5. 
SEC. 13. IMPLEMENTATION OF TREATY OBLIGATIONS. 
(a) IN GENERAL.—Section 6(a) of the Military Com-
missions Act of 2006 (Public Law 109–366; 120 Stat. 
2632; 18 U.S.C. 2441 note) 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 engag-
ing in acts against members of the United 
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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 in-
serting ‘‘the President has the authority, 
subject to congressional oversight and judi-
cial review, to promulgate’’; and 
(ii) by striking ‘‘higher standards 
and’’; 
(B) in subparagraph (B), by striking ‘‘in-
terpretations’’ and inserting ‘‘rules’’; and 
(C) by amending subparagraph (D) to read 
as follows: 
‘‘(D) The President shall notify other par-
ties 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 
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