109TH CONGRESS 
2D SESSION 
H. R. 6166
AN ACT 
To amend title 10, United States Code, to authorize trial 
by military commission for violations of the law of war, 
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Military Commissions Act of 2006’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Construction of Presidential authority to establish military commissions. 
Sec. 3. Military commissions. 
Sec. 4. Amendments to Uniform Code of Military Justice. 
Sec. 5. Treaty obligations not establishing grounds for certain claims. 
Sec. 6. Implementation of treaty obligations. 
Sec. 7. Habeas corpus matters. 
Sec. 8. Revisions to Detainee Treatment Act of 2005 relating to protection of 
certain United States Government personnel. 
Sec. 9. Review of judgments of military commissions. 
Sec. 10. Detention covered by review of decisions of Combatant Status Review 
Tribunals of propriety of detention.
SEC. 2. CONSTRUCTION OF PRESIDENTIAL AUTHORITY TO 
ESTABLISH MILITARY COMMISSIONS. 
The authority to establish military commissions 
under chapter 47A of title 10, United States Code, as 
added by section 3(a), may not be construed to alter or 
limit the authority of the President under the Constitution 
of the United States and laws of the United States to es-
tablish military commissions for areas declared to be 
under martial law or in occupied territories should cir-
cumstances so require. 
SEC. 3. MILITARY COMMISSIONS. 
(a) MILITARY COMMISSIONS.—
(1) IN
GENERAL.—Subtitle A of title 10, 
United States Code, is amended by inserting after 
chapter 47 the following new chapter:
‘‘CHAPTER 47A—MILITARY COMMISSIONS
‘‘Subchapter 
‘‘I. General Provisions .............................................................................. 948a
‘‘II. Composition of Military Commissions ............................................... 948h
‘‘III. Pre-Trial Procedure ......................................................................... 948q
‘‘IV. Trial Procedure ................................................................................. 949a
‘‘V. Sentences ............................................................................................
949s
‘‘VI. Post-Trial Procedure and Review of Military Commissions ............. 950a
‘‘VII. Punitive Matters ............................................................................. 950p
‘‘SUBCHAPTER I—GENERAL PROVISIONS
‘‘Sec. 
‘‘948a. Definitions. 
‘‘948b. Military commissions generally. 
‘‘948c. Persons subject to military commissions. 
‘‘948d. Jurisdiction of military commissions. 
‘‘948e. Annual report to congressional committees.
‘‘§ 948a. Definitions 
‘‘In this chapter: 
‘‘(1) UNLAWFUL ENEMY COMBATANT.—(A) The 
term ‘unlawful enemy combatant’ means—
‘‘(i) a person who has engaged in hos-
tilities or who has purposefully and materially 
supported hostilities against the United States 
or its co-belligerents who is not a lawful enemy 
combatant (including a person who is part of 
the Taliban, al Qaeda, or associated forces); or 
‘‘(ii) a person who, before, on, or after the 
date of the enactment of the Military Commis-
sions Act of 2006, has been determined to be 
an unlawful enemy combatant by a Combatant 
Status Review Tribunal or another competent
tribunal established under the authority of the 
President or the Secretary of Defense. 
‘‘(B) CO-BELLIGERENT.—In this paragraph, 
the term ‘co-belligerent’, with respect to the United 
States, means any State or armed force joining and 
directly engaged with the United States in hostilities 
or directly supporting hostilities against a common 
enemy. 
‘‘(2) LAWFUL ENEMY COMBATANT.—The term 
‘lawful enemy combatant’ means a person who is—
‘‘(A) a member of the regular forces of a 
State party engaged in hostilities against the 
United States; 
‘‘(B) a member of a militia, volunteer 
corps, or organized resistance movement belong-
ing to a State party engaged in such hostilities, 
which are under responsible command, wear a 
fixed distinctive sign recognizable at a distance, 
carry their arms openly, and abide by the law 
of war; or 
‘‘(C) a member of a regular armed force 
who professes allegiance to a government en-
gaged in such hostilities, but not recognized by 
the United States.
‘‘(3) ALIEN.—The term ‘alien’ means a person 
who is not a citizen of the United States. 
‘‘(4) CLASSIFIED
INFORMATION.—The term 
‘classified information’ means the following: 
‘‘(A) Any information or material that has 
been determined by the United States Govern-
ment pursuant to statute, Executive order, or 
regulation to require protection against unau-
thorized disclosure for reasons of national secu-
rity. 
‘‘(B) Any restricted data, as that term is 
defined in section 11 y. of the Atomic Energy 
Act of 1954 (42 U.S.C. 2014(y)). 
‘‘(5) GENEVA CONVENTIONS.—The term ‘Gene-
va Conventions’ means the international conventions 
signed at Geneva on August 12, 1949. 
‘‘§ 948b. Military commissions generally 
‘‘(a) PURPOSE.—This chapter establishes procedures 
governing the use of military commissions to try alien un-
lawful enemy combatants engaged in hostilities against the 
United States for violations of the law of war and other 
offenses triable by military commission. 
‘‘(b) AUTHORITY
FOR
MILITARY
COMMISSIONS 
UNDER THIS CHAPTER.—The President is authorized to 
establish military commissions under this chapter for of-
fenses triable by military commission as provided in this 
chapter. 
‘‘(c) CONSTRUCTION
OF PROVISIONS.—The proce-
dures for military commissions set forth in this chapter 
are based upon the procedures for trial by general courts-
martial under chapter 47 of this title (the Uniform Code 
of Military Justice). Chapter 47 of this title does not, by 
its terms, apply to trial by military commission except as 
specifically provided in this chapter. The judicial construc-
tion and application of that chapter are not binding on 
military commissions established under this chapter. 
‘‘(d) INAPPLICABILITY OF CERTAIN PROVISIONS.—
(1) The following provisions of this title shall not apply 
to trial by military commission under this chapter: 
‘‘(A) Section 810 (article 10 of the Uniform 
Code of Military Justice), relating to speedy trial, 
including any rule of courts-martial relating to 
speedy trial. 
‘‘(B) Sections 831(a), (b), and (d) (articles 
31(a), (b), and (d) of the Uniform Code of Military 
Justice), relating to compulsory self-incrimination. 
‘‘(C) Section 832 (article 32 of the Uniform 
Code of Military Justice), relating to pretrial inves-
tigation.
‘‘(2) Other provisions of chapter 47 of this title shall 
apply to trial by military commission under this chapter 
only to the extent provided by this chapter. 
‘‘(e) TREATMENT OF RULINGS AND PRECEDENTS.—
The findings, holdings, interpretations, and other prece-
dents of military commissions under this chapter may not 
be introduced or considered in any hearing, trial, or other 
proceeding of a court-martial convened under chapter 47 
of this title. The findings, holdings, interpretations, and 
other precedents of military commissions under this chap-
ter may not form the basis of any holding, decision, or 
other determination of a court-martial convened under 
that chapter. 
‘‘(f) STATUS OF COMMISSIONS UNDER COMMON AR-
TICLE 3.—A military commission established under this 
chapter is a regularly constituted court, affording all the 
necessary ‘judicial guarantees which are recognized as in-
dispensable by civilized peoples’ for purposes of common 
Article 3 of the Geneva Conventions. 
‘‘(g) GENEVA CONVENTIONS NOT ESTABLISHING 
SOURCE OF RIGHTS.—No alien unlawful enemy combat-
ant subject to trial by military commission under this 
chapter may invoke the Geneva Conventions as a source 
of rights.
‘‘§ 948c. Persons subject to military commissions 
‘‘Any alien unlawful enemy combatant is subject to 
trial by military commission under this chapter. 
‘‘§ 948d. Jurisdiction of military commissions 
‘‘(a) JURISDICTION.—A military commission under 
this chapter shall have jurisdiction to try any offense made 
punishable by this chapter or the law of war when com-
mitted by an alien unlawful enemy combatant before, on, 
or after September 11, 2001. 
‘‘(b) LAWFUL ENEMY COMBATANTS.—Military com-
missions under this chapter shall not have jurisdiction 
over lawful enemy combatants. Lawful enemy combatants 
who violate the law of war are subject to chapter 47 of 
this title. Courts-martial established under that chapter 
shall have jurisdiction to try a lawful enemy combatant 
for any offense made punishable under this chapter. 
‘‘(c) DETERMINATION OF UNLAWFUL ENEMY COM-
BATANT STATUS DISPOSITIVE.—A finding, whether be-
fore, on, or after the date of the enactment of the Military 
Commissions Act of 2006, by a Combatant Status Review 
Tribunal or another competent tribunal established under 
the authority of the President or the Secretary of Defense 
that a person is an unlawful enemy combatant is disposi-
tive for purposes of jurisdiction for trial by military com-
mission under this chapter.
‘‘(d) PUNISHMENTS.—A military commission under 
this chapter may, under such limitations as the Secretary 
of Defense may prescribe, adjudge any punishment not 
forbidden by this chapter, including the penalty of death 
when authorized under this chapter or the law of war. 
‘‘§ 948e. Annual report to congressional committees 
‘‘(a) ANNUAL REPORT REQUIRED.—Not later than 
December 31 each year, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Sen-
ate and the House of Representatives a report on any 
trials conducted by military commissions under this chap-
ter during such year. 
‘‘(b) FORM.—Each report under this section shall be 
submitted in unclassified form, but may include a classi-
fied annex. 
‘‘SUBCHAPTER II—COMPOSITION OF MILITARY 
COMMISSIONS
‘‘Sec. 
‘‘948h. Who may convene military commissions. 
‘‘948i. Who may serve on military commissions. 
‘‘948j. Military judge of a military commission. 
‘‘948k. Detail of trial counsel and defense counsel. 
‘‘948l. Detail or employment of reporters and interpreters. 
‘‘948m. Number of members; excuse of members; absent and additional mem-
bers.
‘‘§ 948h. Who may convene military commissions 
‘‘Military commissions under this chapter may be 
convened by the Secretary of Defense or by any officer
or official of the United States designated by the Secretary 
for that purpose. 
‘‘§ 948i. Who may serve on military commissions 
‘‘(a) IN GENERAL.—Any commissioned officer of the 
armed forces on active duty is eligible to serve on a mili-
tary commission under this chapter. 
‘‘(b) DETAIL OF MEMBERS.—When convening a mili-
tary commission under this chapter, the convening author-
ity shall detail as members of the commission such mem-
bers of the armed forces eligible under subsection (a), as 
in the opinion of the convening authority, are best quali-
fied for the duty by reason of age, education, training, 
experience, length of service, and judicial temperament. 
No member of an armed force is eligible to serve as a 
member of a military commission when such member is 
the accuser or a witness for the prosecution or has acted 
as an investigator or counsel in the same case. 
‘‘(c) EXCUSE OF MEMBERS.—Before a military com-
mission under this chapter is assembled for the trial of 
a case, the convening authority may excuse a member 
from participating in the case. 
‘‘§ 948j. Military judge of a military commission 
‘‘(a) DETAIL OF MILITARY JUDGE.—A military judge 
shall be detailed to each military commission under this 
chapter. The Secretary of Defense shall prescribe regula-
tions providing for the manner in which military judges 
are so detailed to military commissions. The military judge 
shall preside over each military commission to which he 
has been detailed. 
‘‘(b) QUALIFICATIONS.—A military judge shall be a 
commissioned officer of the armed forces who is a member 
of the bar of a Federal court, or a member of the bar 
of the highest court of a State, and who is certified to 
be qualified for duty under section 826 of this title (article 
26 of the Uniform Code of Military Justice) as a military 
judge in general courts-martial by the Judge Advocate 
General of the armed force of which such military judge 
is a member. 
‘‘(c) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No 
person is eligible to act as military judge in a case of a 
military commission under this chapter if he is the accuser 
or a witness or has acted as investigator or a counsel in 
the same case. 
‘‘(d) CONSULTATION
WITH
MEMBERS; INELIGI-
BILITY TO VOTE.—A military judge detailed to a military 
commission under this chapter may not consult with the 
members of the commission except in the presence of the 
accused (except as otherwise provided in section 949d of 
this title), trial counsel, and defense counsel, nor may he 
vote with the members of the commission.
‘‘(e) OTHER DUTIES.—A commissioned officer who 
is certified to be qualified for duty as a military judge of 
a military commission under this chapter may perform 
such other duties as are assigned to him by or with the 
approval of the Judge Advocate General of the armed 
force of which such officer is a member or the designee 
of such Judge Advocate General. 
‘‘(f) PROHIBITION ON EVALUATION OF FITNESS BY 
CONVENING AUTHORITY.—The convening authority of a 
military commission under this chapter shall not prepare 
or review any report concerning the effectiveness, fitness, 
or efficiency of a military judge detailed to the military 
commission which relates to his performance of duty as 
a military judge on the military commission. 
‘‘§ 948k. Detail of trial counsel and defense counsel 
‘‘(a) DETAIL OF COUNSEL GENERALLY.—(1) Trial 
counsel and military defense counsel shall be detailed for 
each military commission under this chapter. 
‘‘(2) Assistant trial counsel and assistant and asso-
ciate defense counsel may be detailed for a military com-
mission under this chapter. 
‘‘(3) Military defense counsel for a military commis-
sion under this chapter shall be detailed as soon as prac-
ticable after the swearing of charges against the accused.
‘‘(4) The Secretary of Defense shall prescribe regula-
tions providing for the manner in which trial counsel and 
military defense counsel are detailed for military commis-
sions under this chapter and for the persons who are au-
thorized to detail such counsel for such commissions. 
‘‘(b) TRIAL COUNSEL.—Subject to subsection (e), 
trial counsel detailed for a military commission under this 
chapter must be—
‘‘(1) a judge advocate (as that term is defined 
in section 801 of this title (article 1 of the Uniform 
Code of Military Justice) who—
‘‘(A) is 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) is 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; or 
‘‘(2) a civilian who—
‘‘(A) is a member of the bar of a Federal 
court or of the highest court of a State; and 
‘‘(B) is otherwise qualified to practice be-
fore the military commission pursuant to regu-
lations prescribed by the Secretary of Defense.
‘‘(c) MILITARY DEFENSE COUNSEL.—Subject to sub-
section (e), military defense counsel detailed for a military 
commission under this chapter must be a judge advocate 
(as so defined) 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 
‘‘(2) certified as competent to perform duties as 
defense counsel before general courts-martial by the 
Judge Advocate General of the armed force of which 
he is a member. 
‘‘(d) CHIEF PROSECUTOR; CHIEF DEFENSE COUN-
SEL.—(1) The Chief Prosecutor in a military commission 
under this chapter shall meet the requirements set forth 
in subsection (b)(1). 
‘‘(2) The Chief Defense Counsel in a military com-
mission under this chapter shall meet the requirements set 
forth in subsection (c)(1). 
‘‘(e) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No 
person who has acted as an investigator, military judge, 
or member of a military commission under this chapter 
in any case may act later as trial counsel or military de-
fense counsel in the same case. No person who has acted 
for the prosecution before a military commission under 
this chapter may act later in the same case for the de-