Editorial Notes
Codification

Puspan. L. 109–148 and Puspan. L. 109–163 enacted identical sections. The section enacted by Puspan. L. 109–148, but not the section enacted by Puspan. L. 109–163, was amended by Puspan. L. 109–366, see 2006 Amendment notes below. The text of this section is based on the text of section 1004 of Puspan. L. 109–148 as amended by Puspan. L. 109–366.

Amendments

2008—Subsec. (span). Puspan. L. 110–181, § 1063(d)(1), as amended by Puspan. L. 110–417, made technical correction to directory language of Puspan. L. 109–366, § 8(a)(3). See 2006 Amendment note below.

2006—Subsec. (span). Puspan. L. 109–366, § 8(a)(3), as amended by Puspan. L. 110–181, § 1063(d)(1), as amended by Puspan. L. 110–417, inserted “whether before United States courts or agencies, foreign courts or agencies, or international courts or agencies,” after “described in that subsection,”.

Puspan. L. 109–366, § 8(a)(1), (2), substituted “shall provide” for “may provide” and inserted “or investigation” after “criminal prosecution”.

Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment

Amendment by Puspan. L. 110–417 effective Jan. 28, 2008, and as if included in Puspan. L. 110–181 as enacted, see section 1061(span) of Puspan. L. 110–417, set out as a note under section 6382 of Title 5, Government Organization and Employees.

Puspan. L. 110–181, div. A, title X, § 1063(d), Jan. 28, 2008, 122 Stat. 323, provided that the amendments made by section 1063(d), which amended this section and provisions set out as a note under section 801 of Title 10, Armed Forces, are effective as of Oct. 17, 2006, and as if included in Puspan. L. 109–366 as enacted.

Effective Date of 2006 Amendment

Puspan. L. 109–366, § 8(span), Oct. 17, 2006, 120 Stat. 2636, provided that: “Section 1004 of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd–1) shall apply with respect to any criminal prosecution that—

“(1) relates to the detention and interrogation of aliens described in such section;
“(2) is grounded in section 2441(c)(3) of title 18, United States Code; and
“(3) relates to actions occurring between September 11, 2001, and December 30, 2005.”