death results to one or more of the victims, by death 
or such other punishment as a military commission 
under this chapter may direct, and, if death does not 
result to any of the victims, by such punishment, 
other than death, as a military commission under 
this chapter may direct. 
‘‘(18) IMPROPERLY USING A FLAG OF TRUCE.—
Any person subject to this chapter who uses a flag 
of truce to feign an intention to negotiate, sur-
render, or otherwise suspend hostilities when there is 
no such intention shall be punished as a military 
commission under this chapter may direct. 
‘‘(19) IMPROPERLY USING A DISTINCTIVE EM-
BLEM.—Any person subject to this chapter who in-
tentionally uses a distinctive emblem recognized by 
the law of war for combatant purposes in a manner 
prohibited by the law of war shall be punished as a 
military commission under this chapter may direct. 
‘‘(20) INTENTIONALLY
MISTREATING
A
DEAD 
BODY.—Any person subject to this chapter who in-
tentionally mistreats the body of a dead person, 
without justification by legitimate military necessity, 
shall be punished as a military commission under 
this chapter may direct.
‘‘(21) RAPE.—Any person subject to this chap-
ter who forcibly or with coercion or threat of force 
wrongfully invades the body of a person by pene-
trating, however slightly, the anal or genital opening 
of the victim with any part of the body of the ac-
cused, or with any foreign object, shall be punished 
as a military commission under this chapter may di-
rect. 
‘‘(22) SEXUAL ASSAULT OR ABUSE.—Any per-
son subject to this chapter who forcibly or with coer-
cion or threat of force engages in sexual contact 
with one or more persons, or causes one or more 
persons to engage in sexual contact, shall be pun-
ished as a military commission under this chapter 
may direct. 
‘‘(23) HIJACKING OR HAZARDING A VESSEL OR 
AIRCRAFT.—Any person subject to this chapter who 
intentionally seizes, exercises unauthorized control 
over, or endangers the safe navigation of a vessel or 
aircraft that is not a legitimate military objective 
shall be punished, if death results to one or more of 
the victims, by death or such other punishment as 
a military commission under this chapter may direct, 
and, if death does not result to any of the victims,
by such punishment, other than death, as a military 
commission under this chapter may direct. 
‘‘(24) TERRORISM.—Any person subject to this 
chapter who intentionally kills or inflicts great bodily 
harm on one or more protected persons, or inten-
tionally engages in an act that evinces a wanton dis-
regard for human life, in a manner calculated to in-
fluence or affect the conduct of government or civil-
ian population by intimidation or coercion, or to re-
taliate against government conduct, shall be pun-
ished, if death results to one or more of the victims, 
by death or such other punishment as a military 
commission under this chapter may direct, and, if 
death does not result to any of the victims, by such 
punishment, other than death, as a military commis-
sion under this chapter may direct. 
‘‘(25) PROVIDING
MATERIAL
SUPPORT
FOR 
TERRORISM.—
‘‘(A) OFFENSE.—Any person subject to 
this chapter who provides material support or 
resources, knowing or intending that they are to 
be used in preparation for, or in carrying out, 
an act of terrorism (as set forth in paragraph 
(24)), or who intentionally provides material 
support or resources to an international ter-
rorist organization engaged in hostilities against 
the United States, knowing that such organiza-
tion has engaged or engages in terrorism (as so 
set forth), shall be punished as a military com-
mission under this chapter may direct. 
‘‘(B) MATERIAL SUPPORT OR RESOURCES 
DEFINED.—In this paragraph, the term ‘mate-
rial support or resources’ has the meaning 
given that term in section 2339A(b) of title 18. 
‘‘(26) WRONGFULLY AIDING THE ENEMY.—Any 
person subject to this chapter who, in breach of an 
allegiance or duty to the United States, knowingly 
and intentionally aids an enemy of the United 
States, or one of the co-belligerents of the enemy, 
shall be punished as a military commission under 
this chapter may direct. 
‘‘(27) SPYING.—Any person subject to this 
chapter who with intent or reason to believe that it 
is to be used to the injury of the United States or 
to the advantage of a foreign power, collects or at-
tempts to collect information by clandestine means 
or while acting under false pretenses, for the pur-
pose of conveying such information to an enemy of 
the United States, or one of the co-belligerents of 
the enemy, shall be punished by death or such other
punishment as a military commission under this 
chapter may direct. 
‘‘(28) CONSPIRACY.—Any person subject to this 
chapter who conspires to commit one or more sub-
stantive offenses triable by military commission 
under this chapter, and who knowingly does any 
overt act to effect the object of the conspiracy, shall 
be punished, if death results to one or more of the 
victims, by death or such other punishment as a 
military commission under this chapter may direct, 
and, if death does not result to any of the victims, 
by such punishment, other than death, as a military 
commission under this chapter may direct. 
‘‘§ 950w. Perjury and obstruction of justice; contempt 
‘‘(a) PERJURY AND OBSTRUCTION OF JUSTICE.—A 
military commission under this chapter may try offenses 
and impose such punishment as the military commission 
may direct for perjury, false testimony, or obstruction of 
justice related to military commissions under this chapter. 
‘‘(b) CONTEMPT.—A military commission under this 
chapter may punish for contempt any person who uses any 
menacing word, sign, or gesture in its presence, or who 
disturbs its proceedings by any riot or disorder.’’. 
(2) TABLES OF CHAPTERS AMENDMENTS.—The 
tables of chapters at the beginning of subtitle A, and
at the beginning of part II of subtitle A, of title 10, 
United States Code, are each amended by inserting 
after the item relating to chapter 47 the following 
new item:
‘‘47A. Military Commissions ..................................................................... 948a.’’.
(b) SUBMITTAL OF PROCEDURES TO CONGRESS.—
Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the 
House of Representatives a report setting forth the proce-
dures for military commissions prescribed under chapter 
47A of title 10, United States Code (as added by sub-
section (a)). 
SEC. 4. AMENDMENTS TO UNIFORM CODE OF MILITARY 
JUSTICE. 
(a) CONFORMING AMENDMENTS.—Chapter 47 of 
title 10, United States Code (the Uniform Code of Military 
Justice), is amended as follows: 
(1) APPLICABILITY TO LAWFUL ENEMY COM-
BATANTS.—Section 802(a) (article 2(a)) is amended 
by adding at the end the following new paragraph: 
‘‘(13) Lawful enemy combatants (as that term 
is defined in section 948a(2) of this title) who vio-
late the law of war.’’. 
(2) EXCLUSION OF APPLICABILITY TO CHAPTER 
47A COMMISSIONS.—Sections 821, 828, 848, 850(a),
904, and 906 (articles 21, 28, 48, 50(a), 104, and 
106) are amended by adding at the end the fol-
lowing new sentence: ‘‘This section does not apply to 
a military commission established under chapter 
47A of this title.’’. 
(3) INAPPLICABILITY
OF
REQUIREMENTS
RE-
LATING TO REGULATIONS.—Section 836 (article 36) 
is amended—
(A) in subsection (a), by inserting ‘‘, ex-
cept as provided in chapter 47A of this title,’’ 
after ‘‘but which may not’’; and 
(B) in subsection (b), by inserting before 
the period at the end ‘‘, except insofar as appli-
cable to military commissions established under 
chapter 47A of this title’’. 
(b) PUNITIVE ARTICLE
OF CONSPIRACY.—Section 
881 of title 10, United States Code (article 81 of the Uni-
form Code of Military Justice), is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Any person’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) Any person subject to this chapter who conspires 
with any other person to commit an offense under the law 
of war, and who knowingly does an overt act to effect the 
object of the conspiracy, shall be punished, if death results
to one or more of the victims, by death or such other pun-
ishment as a court-martial or military commission may di-
rect, and, if death does not result to any of the victims, 
by such punishment, other than death, as a court-martial 
or military commission may direct.’’. 
SEC. 
5. 
TREATY 
OBLIGATIONS 
NOT 
ESTABLISHING 
GROUNDS FOR CERTAIN CLAIMS. 
(a) IN GENERAL.—No person may invoke the Geneva 
Conventions or any protocols thereto in any habeas corpus 
or other civil action or proceeding to which the United 
States, or a current or former officer, employee, member 
of the Armed Forces, or other agent of the United States 
is a party as a source of rights in any court of the United 
States or its States or territories. 
(b) GENEVA CONVENTIONS DEFINED.—In this sec-
tion, the term ‘‘Geneva Conventions’’ means—
(1) the Convention for the Amelioration of the 
Condition of the Wounded and Sick in Armed 
Forces in the Field, done at Geneva August 12, 
1949 (6 UST 3114); 
(2) the Convention for the Amelioration of the 
Condition of the Wounded, Sick, and Shipwrecked 
Members of the Armed Forces at Sea, done at Gene-
va August 12, 1949 (6 UST 3217);
(3) the Convention Relative to the Treatment of 
Prisoners of War, done at Geneva August 12, 1949 
(6 UST 3316); and 
(4) the Convention Relative to the Protection of 
Civilian Persons in Time of War, done at Geneva 
August 12, 1949 (6 UST 3516). 
SEC. 6. IMPLEMENTATION OF TREATY OBLIGATIONS. 
(a) IMPLEMENTATION OF TREATY OBLIGATIONS.—
(1) IN GENERAL.—The acts enumerated in sub-
section (d) of section 2441 of title 18, United States 
Code, as added by subsection (b) of this section, and 
in subsection (c) of this section, constitute violations 
of common Article 3 of the Geneva Conventions pro-
hibited by United States law. 
(2) PROHIBITION ON GRAVE BREACHES.—The 
provisions of section 2441 of title 18, United States 
Code, as amended by this section, fully satisfy the 
obligation under Article 129 of the Third Geneva 
Convention for the United States to provide effective 
penal sanctions for grave breaches which are encom-
passed in common Article 3 in the context of an 
armed conflict not of an international character. No 
foreign or international source of law shall supply a 
basis for a rule of decision in the courts of the
United States in interpreting the prohibitions enu-
merated in subsection (d) of such section 2441. 
(3) INTERPRETATION BY THE PRESIDENT.—
(A) As provided by the Constitution and by 
this section, the President has the authority for 
the United States to interpret the meaning and 
application of the Geneva Conventions and to 
promulgate higher standards and administrative 
regulations for violations of treaty obligations 
which are not grave breaches of the Geneva 
Conventions. 
(B) The President shall issue interpreta-
tions described by subparagraph (A) by Execu-
tive Order published in the Federal Register. 
(C) Any Executive Order published under 
this paragraph shall be authoritative (except as 
to grave breaches of common Article 3) as a 
matter of United States law, in the same man-
ner as other administrative regulations. 
(D) Nothing in this section shall be con-
strued to affect the constitutional functions and 
responsibilities of Congress and the judicial 
branch of the United States. 
(4) DEFINITIONS.—In this subsection:
(A) GENEVA
CONVENTIONS.—The term 
‘‘Geneva Conventions’’ means—
(i) the Convention for the Ameliora-
tion of the Condition of the Wounded and 
Sick in Armed Forces in the Field, done at 
Geneva August 12, 1949 (6 UST 3217); 
(ii) the Convention for the Ameliora-
tion of the Condition of the Wounded, 
Sick, and Shipwrecked Members of the 
Armed Forces at Sea, done at Geneva Au-
gust 12, 1949 (6 UST 3217); 
(iii) the Convention Relative to the 
Treatment of Prisoners of War, done at 
Geneva August 12, 1949 (6 UST 3316); 
and 
(iv) the Convention Relative to the 
Protection of Civilian Persons in Time of 
War, done at Geneva August 12, 1949 (6 
UST 3516). 
(B) THIRD
GENEVA
CONVENTION.—The 
term ‘‘Third Geneva Convention’’ means the 
international convention referred to in subpara-
graph (A)(iii). 
(b) REVISION TO WAR CRIMES OFFENSE UNDER 
FEDERAL CRIMINAL CODE.—
(1) IN
GENERAL.—Section 2441 of title 18, 
United States Code, is amended—
(A) in subsection (c), by striking para-
graph (3) and inserting the following new para-
graph (3): 
‘‘(3) which constitutes a grave breach of com-
mon Article 3 (as defined in subsection (d)) when 
committed in the context of and in association with 
an armed conflict not of an international character; 
or’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(d) COMMON ARTICLE 3 VIOLATIONS.—
‘‘(1) PROHIBITED
CONDUCT.—In subsection 
(c)(3), the term ‘grave breach of common Article 3’ 
means any conduct (such conduct constituting a 
grave breach of common Article 3 of the inter-
national conventions done at Geneva August 12, 
1949), as follows: 
‘‘(A) TORTURE.—The act of a person who 
commits, or conspires or attempts to commit, 
an act specifically intended to inflict severe 
physical or mental pain or suffering (other than 
pain or suffering incidental to lawful sanctions) 
upon another person within his custody or
physical control for the purpose of obtaining in-
formation or a confession, punishment, intimi-
dation, coercion, or any reason based on dis-
crimination of any kind. 
‘‘(B) CRUEL OR INHUMAN TREATMENT.—
The act of a person who commits, or conspires 
or attempts to commit, an act intended to in-
flict severe or serious physical or mental pain or 
suffering (other than pain or suffering inci-
dental to lawful sanctions), including serious 
physical abuse, upon another within his custody 
or control. 
‘‘(C) PERFORMING
BIOLOGICAL
EXPERI-
MENTS.—The act of a person who subjects, or 
conspires or attempts to subject, one or more 
persons within his custody or physical control to 
biological experiments without a legitimate med-
ical or dental purpose and in so doing endan-
gers the body or health of such person or per-
sons. 
‘‘(D) MURDER.—The act of a person who 
intentionally kills, or conspires or attempts to 
kill, or kills whether intentionally or uninten-
tionally in the course of committing any other 
offense under this subsection, one or more per-
sons taking no active part in the hostilities, in-
cluding those placed out of combat by sickness, 
wounds, detention, or any other cause. 
‘‘(E) MUTILATION OR MAIMING.—The act 
of a person who intentionally injures, or con-
spires or attempts to injure, or injures whether 
intentionally or unintentionally in the course of 
committing any other offense under this sub-
section, one or more persons taking no active 
part in the hostilities, including those placed 
out of combat by sickness, wounds, detention, 
or any other cause, by disfiguring the person or 
persons by any mutilation thereof or by perma-
nently disabling any member, limb, or organ of 
his body, without any legitimate medical or den-
tal purpose. 
‘‘(F) INTENTIONALLY
CAUSING
SERIOUS 
BODILY INJURY.—The act of a person who in-
tentionally causes, or conspires or attempts to 
cause, serious bodily injury to one or more per-
sons, including lawful combatants, in violation 
of the law of war. 
‘‘(G) RAPE.—The act of a person who 
forcibly or with coercion or threat of force 
wrongfully invades, or conspires or attempts to
invade, the body of a person by penetrating, 
however slightly, the anal or genital opening of 
the victim with any part of the body of the ac-
cused, or with any foreign object. 
‘‘(H) SEXUAL ASSAULT OR ABUSE.—The 
act of a person who forcibly or with coercion or 
threat of force engages, or conspires or at-
tempts to engage, in sexual contact with one or 
more persons, or causes, or conspires or at-
tempts to cause, one or more persons to engage 
in sexual contact. 
‘‘(I) TAKING
HOSTAGES.—The act of a 
person who, having knowingly seized or de-
tained one or more persons, threatens to kill, 
injure, or continue to detain such person or per-
sons with the intent of compelling any nation, 
person other than the hostage, or group of per-
sons to act or refrain from acting as an explicit 
or implicit condition for the safety or release of 
such person or persons. 
‘‘(2) DEFINITIONS.—In the case of an offense 
under subsection (a) by reason of subsection 
(c)(3)—
‘‘(A) the term ‘severe mental pain or suf-
fering’ shall be applied for purposes of para-
graphs (1)(A) and (1)(B) in accordance with 
the meaning given that term in section 2340(2) 
of this title; 
‘‘(B) the term ‘serious bodily injury’ shall 
be applied for purposes of paragraph (1)(F) in 
accordance with the meaning given that term in 
section 113(b)(2) of this title; 
‘‘(C) the term ‘sexual contact’ shall be ap-
plied for purposes of paragraph (1)(G) in ac-
cordance with the meaning given that term in 
section 2246(3) of this title; 
‘‘(D) the term ‘serious physical pain or 
suffering’ shall be applied for purposes of para-
graph (1)(B) as meaning bodily injury that in-
volves—
‘‘(i) a substantial risk of death; 
‘‘(ii) extreme physical pain; 
‘‘(iii) a burn or physical disfigurement 
of a serious nature (other than cuts, abra-
sions, or bruises); or 
‘‘(iv) significant loss or impairment of 
the function of a bodily member, organ, or 
mental faculty; and 
‘‘(E) the term ‘serious mental pain or suf-
fering’ shall be applied for purposes of para-
graph (1)(B) in accordance with the meaning 
given the term ‘severe mental pain or suffering’ 
(as defined in section 2340(2) of this title), ex-
cept that—
‘‘(i) the term ‘serious’ shall replace 
the term ‘severe’ where it appears; and 
‘‘(ii) as to conduct occurring after the 
date of the enactment of the Military Com-
missions Act of 2006, the term ‘serious 
and non-transitory mental harm (which 
need not be prolonged)’ shall replace the 
term ‘prolonged mental harm’ where it ap-
pears. 
‘‘(3) INAPPLICABILITY OF CERTAIN PROVISIONS 
WITH RESPECT TO COLLATERAL DAMAGE OR INCI-
DENT OF LAWFUL ATTACK.—The intent specified for 
the conduct stated in subparagraphs (D), (E), and 
(F) or paragraph (1) precludes the applicability of 
those subparagraphs to an offense under subsection 
(a) by reasons of subsection (c)(3) with respect to—
‘‘(A) collateral damage; or 
‘‘(B) death, damage, or injury incident to 
a lawful attack. 
‘‘(4) INAPPLICABILITY
OF
TAKING
HOSTAGES 
TO
PRISONER
EXCHANGE.—Paragraph (1)(I) does
not apply to an offense under subsection (a) by rea-
son of subsection (c)(3) in the case of a prisoner ex-
change during wartime. 
‘‘(5) DEFINITION OF GRAVE BREACHES.—The 
definitions in this subsection are intended only to de-
fine the grave breaches of common Article 3 and not 
the full scope of United States obligations under 
that Article.’’. 
(2) 
RETROACTIVE
APPLICABILITY.—The 
amendments made by this subsection, except as 
specified in subsection (d)(2)(E) of section 2441 of 
title 18, United States Code, shall take effect as of 
November 26, 1997, as if enacted immediately after 
the amendments made by section 583 of Public Law 
105–118 (as amended by section 4002(e)(7) of Pub-
lic Law 107–273). 
(c) ADDITIONAL PROHIBITION ON CRUEL, INHUMAN, 
OR DEGRADING TREATMENT OR PUNISHMENT.—
(1) IN GENERAL.—No individual in the custody 
or under the physical control of the United States 
Government, regardless of nationality or physical lo-
cation, shall be subject to cruel, inhuman, or degrad-
ing treatment or punishment. 
(2) CRUEL, INHUMAN, OR DEGRADING TREAT-
MENT
OR
PUNISHMENT
DEFINED.—In this sub-
section, the term ‘‘cruel, inhuman, or degrading 
treatment or punishment’’ means cruel, unusual, 
and inhumane treatment or punishment prohibited 
by the Fifth, Eighth, and Fourteenth Amendments 
to the Constitution of the United States, as defined 
in the United States Reservations, Declarations and 
Understandings to the United Nations Convention 
Against Torture and Other Forms of Cruel, Inhu-
man or Degrading Treatment or Punishment done 
at New York, December 10, 1984. 
(3) COMPLIANCE.—The President shall take ac-
tion to ensure compliance with this subsection, in-
cluding through the establishment of administrative 
rules and procedures. 
SEC. 7. HABEAS CORPUS MATTERS. 
(a) IN GENERAL.—Section 2241 of title 28, United 
States Code, is amended by striking both the subsection 
(e) added by section 1005(e)(1) of Public Law 109–148 
(119 Stat. 2742) and the subsection (e) added by added 
by section 1405(e)(1) of Public Law 109–163 (119 Stat. 
3477) and inserting the following new subsection (e): 
‘‘(e)(1) No court, justice, or judge shall have jurisdic-
tion to hear or consider an application for a writ of habeas 
corpus filed by or on behalf of an alien detained by the 
United States who has been determined by the United
States to have been properly detained as an enemy com-
batant or is awaiting such determination. 
‘‘(2) Except as provided in paragraphs (2) and (3) 
of section 1005(e) of the Detainee Treatment Act of 2005 
(10 U.S.C. 801 note), no court, justice, or judge shall have 
jurisdiction to hear or consider any other action against 
the United States or its agents relating to any aspect of 
the detention, transfer, treatment, trial, or conditions of 
confinement of an alien who is or was detained by the 
United States and has been determined by the United 
States to have been properly detained as an enemy com-
batant or is awaiting such determination.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act, and shall apply to all cases, without ex-
ception, pending on or after the date of the enactment of 
this Act which relate to any aspect of the detention, trans-
fer, treatment, trial, or conditions of detention of an alien 
detained by the United States since September 11, 2001. 
SEC. 8. REVISIONS TO DETAINEE TREATMENT ACT OF 2005 
RELATING 
TO 
PROTECTION 
OF 
CERTAIN 
UNITED STATES GOVERNMENT PERSONNEL. 
(a) 
COUNSEL
AND
INVESTIGATIONS.—Section 
1004(b) of the Detainee Treatment Act of 2005 (42 
U.S.C. 2000dd–1(b)) is amended—
(1) by striking ‘‘may provide’’ and inserting 
‘‘shall provide’’; 
(2) by inserting ‘‘or investigation’’ after ‘‘crimi-
nal prosecution’’; and 
(3) by inserting ‘‘whether before United States 
courts or agencies, foreign courts or agencies, or 
international courts or agencies,’’ after ‘‘described in 
that subsection’’. 
(b) PROTECTION OF PERSONNEL.—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 Sep-
tember 11, 2001, and December 30, 2005. 
SEC. 9. REVIEW OF JUDGMENTS OF MILITARY COMMIS-
SIONS. 
Section 1005(e)(3) of the Detainee Treatment Act of 
2005 (title X of Public Law 109–148; 119 Stat. 2740; 
10 U.S.C. 801 note) is amended—
(1) in subparagraph (A), by striking ‘‘pursuant 
to Military Commission Order No. 1. dated August
31, 2005 (or any successor military order)’’ and in-
serting ‘‘by a military commission under chapter 
47A of title 10, United States Code’’; 
(2) by striking subparagraph (B) and inserting 
the following new subparagraph (B): 
‘‘(B) GRANT OF REVIEW.—Review under 
this paragraph shall be as of right.’’; 
(3) in subparagraph (C)—
(A) in clause (i)—
(i) by striking ‘‘pursuant to the mili-
tary order’’ and inserting ‘‘by a military 
commission’’; and 
(ii) by striking ‘‘at Guantanamo Bay, 
Cuba’’; and 
(B) in clause (ii), by striking ‘‘pursuant to 
such military order’’ and inserting ‘‘by the mili-
tary commission’’; and 
(4) in subparagraph (D)(i), by striking ‘‘speci-
fied in the military order’’ and inserting ‘‘specified 
for a military commission’’. 
SEC. 10. DETENTION COVERED BY REVIEW OF DECISIONS 
OF COMBATANT STATUS REVIEW TRIBUNALS 
OF PROPRIETY OF DETENTION. 
Section 1005(e)(2)(B)(i) of the Detainee Treatment 
Act of 2005 (title X of Public Law 109–148; 119 Stat.
2742; 10 U.S.C. 801 note) is amended by striking ‘‘the 
Department of Defense at Guantanamo Bay, Cuba’’ and 
inserting ‘‘the United States’’. 
Passed the House of Representatives September 27, 
2006. 
Attest:
Clerk.
109TH CONGRESS 
2D SESSION 
H. R. 6166
AN ACT 
To amend title 10, United States Code, to author-
ize trial by military commission for violations of 
the law of war, and for other purposes.