with the standards described in subparagraph 
(A) and embodied in section 2441 of title 18, 
United States Code, as amended by subsection 
(b).’’. 
(b) MODIFICATION 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, is amended 
by adding at the end the following new subpara-
graph: 
‘‘(J) DENIAL OF TRIAL RIGHTS.—The act 
of a person who intentionally denies one or 
more persons the right to be tried before a reg-
ularly constituted court affording all the judi-
cial guarantees which are recognized as indis-
pensable by civilized peoples as prescribed by 
common Article 3.’’. 
(2) INCLUSION OF IMPOSITION OF CRUEL, IN-
HUMAN, OR
DEGRADING
TREATMENT
OR
PUNISH-
MENT AMONG OFFENSES.—Such section is further 
amended— 
(A) in paragraph (1), by adding at the end 
the following new subparagraph: 
‘‘(K) CRUEL, INHUMAN, OR
DEGRADING 
TREATMENT OR PUNISHMENT.—The act of a 
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person who subjects, or conspires or attempts 
to subject, an individual in the custody or under 
the physical control of the United States Gov-
ernment, regardless of nationality or physical 
location, to cruel, inhuman, or degrading treat-
ment or punishment.’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (D), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (E), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(F) the term ‘cruel, inhuman, or degrad-
ing treatment or punishment’ shall be applied 
for purposes of paragraph (1)(K) in accordance 
with the meaning given that term in section 
6(c)(2) of the Military Commissions Act of 
2006 (42 U.S.C. 2000dd–0).’’. 
(3) INCLUSION OF CERTAIN OTHER VIOLATIONS 
OF COMMON ARTICLE 3 AMONG OFFENSES.—Para-
graph (1) of such section is further amended by add-
ing at the end the following new subparagraph: 
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‘‘(L) CERTAIN
OTHER
VIOLATIONS
OF 
COMMON ARTICLE 3.—The act of a person not 
subject to chapter 47 of title 10 (the Uniform 
Code of Military Justice) who commits, or con-
spires or attempts to commit, an act not other-
wise enumerated under this paragraph that 
constitutes a violation of common Article 3 and 
is an act which, if committed by a person sub-
ject to chapter 47 of title 10, would be punish-
able under that chapter by the penalty of death 
or confinement for one year or more.’’. 
(4) ADDITIONAL
DEFINITIONAL
MATTERS.— 
Paragraph (2) of such section is further amended— 
(A) in subparagraph (D)— 
(i) by striking clause (ii) and inserting 
the following new clause (ii): 
‘‘(ii) serious physical pain;’’; and 
(ii) in clause (iii), by striking ‘‘(other 
than cuts, abrasions, or bruises)’’; and 
(B) in subparagraph (E)(ii), by striking 
‘‘and non-transitory’’. 
SEC. 14. RESTORATION OF HABEAS CORPUS FOR INDIVID-
UALS DETAINED BY THE UNITED STATES. 
(a) RESTORATION.—Subsection (e) of section 2241 
of title 28, United States Code, is repealed. 
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(b) TITLE 10.—Section 950j of title 10, United 
States Code, is amended by striking subsection (b) and 
inserting the following: 
‘‘(b) LIMITED REVIEW OF MILITARY COMMISSION 
PROCEDURES AND ACTIONS.—Except as otherwise pro-
vided in this chapter or in section 2241 of title 28 or any 
other habeas corpus provision, and notwithstanding any 
other provision of law, no court, justice, or judge shall 
have jurisdiction to hear or consider any claim or cause 
of action whatsoever, including any action pending on or 
filed after the date of the enactment of the Military Com-
missions Act of 2006, relating to the prosecution, trial, 
or judgment of a military commission under this chapter, 
including challenges to the lawfulness of procedures of 
military commissions under this chapter.’’. 
SEC. 15. EXPEDITED JUDICIAL REVIEW OF MILITARY COM-
MISSIONS ACT OF 2006. 
Notwithstanding any other provision of law, the fol-
lowing rules shall apply to any civil action, including an 
action for declaratory judgment, that challenges any provi-
sion 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: 
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(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 jurisdic-
tional 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, re-
spectively, brought under this section. 
SEC. 16. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the amendments made by this Act shall take effect 
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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. 
(b) REVISIONS TO WAR CRIMES OFFENSES.—The 
amendments made by section 13(b) shall take effect on 
the date of the enactment of this Act. 
Æ 
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