I 
110TH CONGRESS 
1ST SESSION H. R. 1415 
To provide for the effective prosecution of terrorists and guarantee due 
process rights. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 8, 2007 
Mr. NADLER (for himself, Ms. HARMAN, Ms. SCHAKOWSKY, Ms. JACKSON- 
LEE of Texas, Mr. ELLISON, Mr. FRANK of Massachusetts, and Ms. 
LEE) introduced the following bill; which was referred to the Committee 
on Armed Services, and in addition to the Committees on the Judiciary 
and Foreign Affairs, 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 provide for the effective prosecution of terrorists and 
guarantee due process rights. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Restoring the Con-
stitution 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: 
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‘‘(1) UNLAWFUL
ENEMY
COMBATANT.—The 
term ‘unlawful enemy combatant’— 
‘‘(A) means an individual who is not a law-
ful enemy combatant and— 
‘‘(i) who directly participates in hos-
tilities in a zone of active combat against 
the United States; or 
‘‘(ii) who— 
‘‘(I) planned, authorized, com-
mitted, or aided with specific intent 
the terrorist acts on the United States 
of September 11, 2001; or 
‘‘(II) harbored with specific in-
tent any individual described in clause 
(i); and 
‘‘(B) may be used solely for the purpose of 
designating an individual as triable by military 
commission under this chapter.’’. 
SEC. 3. CONSTRUCTION IN RELATION TO GENEVA CONVEN-
TIONS. 
Subsection (g) of section 948b of title 10, United 
States Code, is amended to read as follows: 
‘‘(g) CONSTRUCTION IN RELATION TO GENEVA CON-
VENTIONS.—To the extent that any provision of this chap-
ter is determined to be inconsistent with the obligations 
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of the United States under the Geneva Conventions, the 
Geneva Conventions shall prevail, and such provision shall 
be deemed to have no further force or effect.’’. 
SEC. 4. DETERMINATION OF UNLAWFUL ENEMY COMBAT-
ANT STATUS BY COMBATANT STATUS REVIEW 
TRIBUNAL NOT DISPOSITIVE FOR PURPOSES 
OF JURISDICTION OF MILITARY COMMIS-
SIONS. 
Section 948d of title 10, United States Code, is 
amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsection (d) as sub-
section (c). 
SEC. 5. TRIAL COUNSEL AND DEFENSE COUNSEL. 
(a) REPEAL OF AUTHORITY FOR CIVILIAN TRIAL 
COUNSEL.—Subsection (b) of section 948k of title 10, 
United States Code, is amended to read as follows: 
‘‘(b) MILITARY TRIAL COUNSEL.—Subject to sub-
section (e), trial counsel detailed for a military commission 
under this chapter must be a judge advocate (as that term 
is defined in section 801 of this title (article 1 of the Uni-
form Code of Military Justice)) who is— 
‘‘(1) a graduate of an accredited law school or 
is a member of the bar of a Federal court or of the 
highest court of a State; and 
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‘‘(2) certified as competent to perform duties as 
trial counsel before general courts-martial by the 
Judge Advocate General of the armed force of which 
he is a member.’’. 
(b) AUTHORITY
FOR CIVILIAN DEFENSE COUN-
SEL.—Subsection (c) of such section is amended to read 
as follows: 
‘‘(c) DEFENSE COUNSEL.—Subject to subsection (e), 
trial counsel detailed for a military commission under this 
chapter must be— 
‘‘(1) a judge advocate (as so defined) who is— 
‘‘(A) a graduate of an accredited law 
school or is a member of the bar of a Federal 
court or of the highest court of a State; and 
‘‘(B) certified as competent to perform du-
ties as trial counsel before general courts-mar-
tial by the Judge Advocate General of the 
armed force of which he is a member; or 
‘‘(2) a civilian who is— 
‘‘(A) a member of the bar of a Federal 
court or of the highest court of a State; and 
‘‘(B) otherwise qualified to practice before 
the military commission pursuant to regulations 
prescribed by the Secretary of Defense.’’. 
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(c) CONFORMING AMENDMENTS.—Such section is 
further amended— 
(1) in subsection (d)(1), by striking ‘‘subsection 
(b)(1)’’ and inserting ‘‘subsection (b)’’; 
(2) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘Trial 
counsel and military defense counsel’’ and in-
serting ‘‘Military trial counsel and defense 
counsel’’; 
(B) in paragraph (3), by striking ‘‘Military 
defense’’ and inserting ‘‘Defense’’; and 
(C) in paragraph (4), by striking ‘‘trial 
counsel and military defense counsel’’ and in-
serting ‘‘military trial counsel and defense 
counsel’’; and 
(3) in subsection (e), by striking ‘‘trial counsel 
or military defense counsel’’ and inserting ‘‘military 
trial counsel or military defense counsel’’. 
SEC. 6. EXCLUSION FROM TRIAL BY MILITARY COMMIS-
SION OF STATEMENTS OBTAINED BY COER-
CION. 
Section 948r of title 10, United States Code, is 
amended by striking subsections (c) and (d) and inserting 
the following new subsection (c): 
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