fined in paragraph (23)), shall be guilty of the of-
fense of providing material support for terrorism 
and shall be subject to whatever punishment a com-
mission may direct. In this paragraph, the term ‘ma-
terial support or resources’ has the meaning given 
that term in section 2339A(b) of title 18. 
‘‘(25) WRONGFULLY AIDING THE ENEMY.—An 
alien unlawful enemy combatant who, in breach of 
an allegiance or duty to the United States, know-
ingly and intentionally aids an enemy of the United 
States or one its co-belligerents shall be guilty of the 
offense of wrongfully aiding the enemy and shall be 
subject to whatever punishment a commission may 
direct. 
‘‘(26) SPYING.—An alien unlawful enemy com-
batant 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 certain information by clandestine 
means or while acting under false pretenses, for the 
purpose of conveying such information to an enemy 
of the United States or one of its co-belligerents, 
shall be guilty of the offense of spying and shall be 
subject to whatever punishment a commission may 
direct, including the penalty of death. 
VerDate Aug 31 2005 
02:47 Sep 13, 2006
Jkt 049200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H6054.IH
H6054
CCOLEMAN on PROD1PC71 with BILLS
‘‘(27) CONSPIRACY.—An alien unlawful enemy 
combatant who conspires to commit one or more 
substantive offenses triable under this section, and 
who knowingly does any overt act to effect the object 
of the conspiracy, shall be guilty of conspiracy and 
shall be subject to whatever punishment a commis-
sion may direct, including, if death results to one or 
more of the victims, the penalty of death. 
‘‘§ 950w. Perjury and obstruction of justice 
‘‘A military commission under this chapter may try 
offenses and impose punishments for perjury, false testi-
mony, or obstruction of justice related to military commis-
sions under this chapter. 
‘‘§ 950x. Contempt 
‘‘A military commission under this chapter may pun-
ish for contempt any person who uses any menacing word, 
sign, or gesture in its presence, or who disturbs its pro-
ceedings 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’’. 
VerDate Aug 31 2005 
02:47 Sep 13, 2006
Jkt 049200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6211
E:\BILLS\H6054.IH
H6054
CCOLEMAN on PROD1PC71 with BILLS
(b) CONFORMING AMENDMENT TO UCMJ.—Section 
836(a) of title 10, United States Code (article 36(a) of 
the Uniform Code of Military Justice)), is amended by in-
serting ‘‘, except as provided in chapter 47A of this title,’’ 
after ‘‘but which may not’’. 
(c) 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. CLARIFICATION OF CONDUCT CONSTITUTING WAR 
CRIME OFFENSE UNDER FEDERAL CRIMINAL 
CODE. 
(a) APPLICABILITY ONLY TO SERIOUS VIOLATIONS 
OF COMMON ARTICLE 3.—Section 2441 of title 18, United 
States Code is amended— 
(1) by striking paragraph (3) of subsection (c) 
and inserting the following: 
‘‘(3) which constitutes a serious violation of 
common Article 3 of the 1949 Geneva Conventions, 
when committed in the context of and in association 
VerDate Aug 31 2005 
02:47 Sep 13, 2006
Jkt 049200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H6054.IH
H6054
CCOLEMAN on PROD1PC71 with BILLS
with an armed conflict not of an international char-
acter; or’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(d) COVERED COMMON ARTICLE 3 VIOLATIONS.— 
‘‘(1) 
SERIOUS
VIOLATIONS.—In 
subsection 
(c)(3), the term ‘serious violation of common Article 
3 of the 1949 Geneva Conventions’ means any of the 
following: 
‘‘(A) TORTURE.—The act of a person who 
commits, or conspires or attempts to commit, 
an act specifically intended to inflict severe 
physical pain or suffering or severe mental pain 
or suffering (as such term is defined in section 
2340(2) of this title), other than pain or suf-
fering incidental to lawful sanctions, upon an-
other person within his custody or physical con-
trol for the purpose of obtaining information or 
a confession, punishment, intimidation, coer-
cion, or any reason based on discrimination 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 physical pain or suffering or severe 
VerDate Aug 31 2005 
02:47 Sep 13, 2006
Jkt 049200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H6054.IH
H6054
CCOLEMAN on PROD1PC71 with BILLS
mental pain or suffering (as such term is de-
fined in section 2340(2) of this title), other 
than pain or suffering incidental to lawful sanc-
tions, and including severe physical abuse, upon 
another person within his custody or physical 
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 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 section, one or more persons 
taking no active part in the hostilities, including 
those placed hors de 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 
VerDate Aug 31 2005 
02:47 Sep 13, 2006
Jkt 049200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H6054.IH
H6054
CCOLEMAN on PROD1PC71 with BILLS