text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Effective Terrorists Prosecution Act 
  of 2006''.
  
  SEC. 2. DEFINITION OF UNLAWFUL ENEMY COMBATANT.
  
      Paragraph (1) of section 948a of title 10, United States Code (as 
  enacted by the Military Commissions Act of 2006 (Public Law 109-366)), 
  is amended to read as follows:
              ``(1) Unlawful enemy combatant.--The term `unlawful enemy 
          combatant' means an individual who directly participates in 
          hostilities as part of an armed conflict against the United 
          States who is not a lawful enemy combatant. The term is used 
          solely to designate individuals triable by military commission 
          under this chapter.''.
  
  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 (as enacted by the 
  Military Commissions Act of 2006 (Public Law 109-366)), is amended--
              (1) by striking subsection (c); and
              (2) by redesignating subsection (d) as subsection (c).
  
  SEC. 4. EXCLUSION FROM TRIAL BY MILITARY COMMISSION OF STATEMENTS 
                OBTAINED BY COERCION.
  
      Section 948r of title 10, United States Code (as enacted by the 
  Military Commissions Act of 2006 (Public Law 109-366)), 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 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. 5. DISCRETION OF MILITARY JUDGE TO EXCLUDE HEARSAY EVIDENCE 
                DETERMINED TO BE UNRELIABLE OR LACKING IN PROBATIVE 
                VALUE.
  
      Section 949a(b)(2)(E)(ii) of title 10, United States Code (as 
  enacted by the Military Commissions Act of 2006 (Public Law 109-366)), 
  is amended by striking ``if the party opposing the admission of the 
  evidence demonstrates that the evidence is unreliable or lacking in 
  probative value'' and inserting ``if the military judge determines, 
  upon motion by counsel, that the evidence is unreliable or lacking in 
  probative value''.
  
  SEC. 6. DISCRETION OF MILITARY JUDGE TO TAKE CERTAIN ACTIONS IN EVENT 
                THAT A SUBSTITUTE FOR CLASSIFIED EXCULPATORY EVIDENCE IS 
                INSUFFICIENT TO PROTECT THE RIGHT OF A DEFENDANT TO A 
                FAIR TRIAL.
  
      Section 949j(d)(1) of title 10, United States Code (as enacted by 
  the Military Commissions Act of 2006 (Public Law 109-366)), is amended 
  by adding at the end the following: ``If the military judge determines 
  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 required in the 
          interest of justice.''.
  
  SEC. 7. 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 (as enacted by the Military Commissions Act of 2006 
          (Public Law 109-366)), is amended to read as follows:
  ``Sec. 950f. Review by Court of Appeals for the Armed Forces
      ``(a) Cases To Be Reviewed.--The United States Court of Appeals for 
  the Armed Forces, in accordance with procedures prescribed under 
  regulations of the Secretary, 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 any matter of law raised by the accused.
      ``(b) Scope of Review.--In a case reviewed by the United States 
  Court of Appeals for the Armed Forces under this section, the Court may 
  only act with respect to matters of law.''.
              (2) Clerical amendment.--The table of sections at the 
          beginning of subchapter VI of chapter 47A of such title (as so 
          enacted) is amended by striking the item relating 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 (as so enacted), is further amended as follows:
                      (A) In section 950c(a), by striking ``the Court of 
                  Military Commission Review'' and inserting ``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 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 (article 67a(a) of the Uniform 
          Code of Military Justice), is amended by striking ``Decisions'' 
          and inserting ``Except as provided in sections 950d and 950g of 
          this title, decisions''.
  
  SEC. 8. IMPLEMENTATION OF TREATY OBLIGATIONS.
  
      (a) In General.--Section 6(a) of the Military Commissions Act of 
  2006 (Public Law 109-366) 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 engaging in acts against 
                  members of the United 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 inserting 
                          ``the President has the authority, subject to 
                          congressional oversight and judicial review, to 
                          promulgate''; and
                              (ii) by striking ``higher standards and'';
                      (B) in subparagraph (B), by striking 
                  ``interpretations'' and inserting ``rules''; and
                      (C) by amending subparagraph (D) to read as 
                  follows:
                      ``(D) The President shall notify other parties 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 with the standards described in subparagraph 
                  (A) and embodied in section 2441 of title 18, United 
                  States Code, as amended by subsection (b).''.
      (b) Modifications 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 (as enacted by the Military Commissions Act of 2006), is 
          amended by adding at the end the following new subparagraph:
                      ``(J) Denial of trial rights.--The act of a person 
                  who intentionally denies one or more persons the right 
                  to be tried before a regularly constituted court 
                  affording all the judicial guarantees which are 
                  recognized as indispensable by civilized peoples as 
                  prescribed by common Article 3 of the Geneva 
                  Conventions.''.
              (2) Definition of serious physical pain or suffering.--
          Clause (ii) of subparagraph ((D) of paragraph (2) of such 
          section (as so enacted) is amended to read as follows:
                              ``(ii) serious physical pain;''.
  
  SEC. 9. RESTORATION OF HABEAS CORPUS FOR INDIVIDUALS DETAINED BY THE 
                UNITED STATES.
  
      (a) Restoration.--Subsection (e) of section 2241 of title 28, 
  United States Code, as amended by section 7(a) of the Military 
  Commissions Act of 2006 (Public Law 109-366), is repealed.
      (b) Conforming Amendment.--Subsection (b) of section 7 of the 
  Military Commissions Act of 2006 (Public Law 109-366) is repealed.
  
  SEC. 10. EXPEDITED JUDICIAL REVIEW OF MILITARY COMMISSIONS ACT OF 2006.
  
      Notwithstanding any other provision of law, the following rules 
  shall apply to any civil action, including an action for declaratory 
  judgment, that challenges any provision 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:
              (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 jurisdictional 
          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, respectively, brought under this section.
  
  SEC. 11. EFFECTIVE DATE.
  
      The amendments made by this Act shall take effect 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.
target: Effective Terrorists Prosecution Act of 2006 - Amends federal armed forces provisions enacted by the Military Commissions Act of 2006 to, among other things: (1) exclude from military commission (commission) trials statements obtained by coercion; (2) allow a commission military judge to exclude hearsay evidence determined to be unreliable or lacking in probative value; (3) provide for review of commission decisions by the U.S. Court of Appeals for the Armed Forces rather than the Court of Military Commission Review; (4) revise generally provisions concerning the implementation of treaty obligations with respect to the U.S. prosecution of enemy combatants; (5) restore habeas corpus rights for individuals detained by the United States; and (6) provide for expedited judicial review of provisions of the Military Commissions Act of 2006.
feat_title: A bill to amend the Military Commissions Act of 2006 to improve and enhance due process and appellate procedures, and for other purposes.