IB 
Union Calendar No. 409 
109TH CONGRESS 
2D SESSION 
H. R. 6054 
[Report No. 109–664, Parts I and II] 
To amend title 10, United States Code, to authorize trial by military 
commission for violations of the law of war, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 12, 2006 
Mr. HUNTER (for himself, Mr. BOEHNER, Mr. SENSENBRENNER, Mr. CAL-
VERT, Mrs. MILLER of Michigan, Mr. MILLER of Florida, Mr. SHUSTER, 
Mr. FRANKS of Arizona, Mr. WILSON of South Carolina, Mr. SAXTON, 
Mr. PORTER, Mr. KLINE, Mr. HEFLEY, Mr. HAYES, Mr. SWEENEY, Mr. 
CHOCOLA, and Mr. LOBIONDO) introduced the following bill; which was 
referred to the Committee on Armed Services, and in addition to the 
Committees on the Judiciary and International Relations, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
SEPTEMBER 15, 2006 
Reported from the Committee on Armed Services with amendments 
[Omit the part struck through and insert the part printed in italic] 
SEPTEMBER 15, 2006 
Referral to the Committees on the Judiciary and International Relations 
extended for a period ending not later than September 18, 2006 
SEPTEMBER 18, 2006 
The Committee on International Relations discharged 
SEPTEMBER 18, 2006 
Referral to the Committee on the Judiciary extended for a period ending not 
later than September 25, 2006 
SEPTEMBER 25, 2006 
Additional sponsors: Mr. RENZI, Ms. GRANGER, and Mrs. SCHMIDT 
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SEPTEMBER 25, 2006 
Reported from the Committee on the Judiciary with amendments, committed 
to the Committee of the Whole House on the State of the Union, and 
ordered to be printed 
[Omit the part struck through and insert the part printed in italic] 
A BILL 
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: 
1. Short title; table of contents. 
2. Construction of Presidential authority to establish military commissions. 
3. Military commissions. 
4. Clarification of conduct constituting war crime offense under Federal Crimi-
nal Code. 
5. Judicial review. 
6. Satisfaction of treaty obligations. 
7. Revisions to Detainee Treatment Act of 2005 relating to protection of cer-
tain United States Government personnel. 
8. Retroactive applicability. 
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 
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limit the authority of the President under the Constitution 
to establish military commissions on the battlefield or in 
occupied territories should circumstances 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 an indi-
vidual determined by or under the authority of the 
President or the Secretary of Defense— 
‘‘(i) to be part of or affiliated with a force 
or organization (including al Qaeda, the 
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Taliban, any international terrorist organiza-
tion, or associated forces) that is engaged in 
hostilities against the United States or its co- 
belligerents in violation of the law of war; 
‘‘(ii) to have committed a hostile act in aid 
of such a force or organization so engaged; or 
‘‘(iii) to have supported hostilities in aid of 
such a force or organization so engaged. 
‘‘(B) Such term includes any individual deter-
mined by a Combatant Status Review Tribunal be-
fore the date of the enactment of the Military Com-
missions Act of 2006 to have been properly detained 
as an enemy combatant. 
‘‘(C) Such term does not include any alien de-
termined by the President or the Secretary of De-
fense (whether on an individualized or collective 
basis), or by any competent tribunal established 
under their authority, to be— 
‘‘(i) a lawful enemy combatant (including a 
prisoner of war); or 
‘‘(ii) a protected person whose trial by a 
military commission under this chapter would 
be inconsistent with Articles 64 through 76 of 
the Geneva Convention Relative to the Protec-
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tion of Civilian Persons in Time of War of Au-
gust 12, 1949. 
‘‘(D) For purposes of subparagraph (C)(ii), the 
term ‘protected person’ refers to the category of per-
sons described in Article 4 of the Geneva Convention 
Relative to the Protection of Civilian Persons in 
Time of War of August 12, 1949. 
‘‘(2) LAWFUL
ENEMY
COMBATANT.—The term 
‘lawful enemy combatant’ means an individual deter-
mined by or under the authority of the President or 
Secretary of Defense (whether on an individualized or 
collective basis) to be— 
‘‘(A) a member of the regular forces of a 
State party engaged in hostilities against the 
United States or its co-belligerents; 
‘‘(B) a member of a militia, volunteer corps, 
or organized resistance movement belonging 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 forces 
who professes allegiance to a government engaged 
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