I 
108TH CONGRESS 
2D SESSION 
H. R. 5222
To amend chapter 47 of title 10, United States Code (the Uniform Code 
of Military Justice), to provide standards for the use of military commis-
sions for the trial of offenses under the law of war or in furtherance 
of international terrorism. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 5, 2004
Ms. LORETTA SANCHEZ of California introduced the following bill; which was 
referred to the Committee on Armed Services 
A BILL 
To amend chapter 47 of title 10, United States Code (the 
Uniform Code of Military Justice), to provide standards 
for the use of military commissions for the trial of of-
fenses under the law of war or in furtherance of inter-
national terrorism.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Military Commissions 
Act of 2004’’.
SEC. 2. USE OF MILITARY COMMISSIONS FOR OFFENSES 
UNDER LAW OF WAR OR IN FURTHERANCE 
OF TERRORISM. 
(a) IN GENERAL.—Subchapter XI of chapter 47 of 
title 10, United States Code (the Uniform Code of Military 
Justice), is amended by inserting after section 935 (article 
135) the following new section: 
‘‘§ 935a. Art. 135a. Military commissions for offenses 
against the law of war or in furtherance 
of terrorism 
‘‘(a) A military commission covered by this section 
may be appointed only by the President or a person des-
ignated by the President for such purpose. 
‘‘(b) A military commission appointed under sub-
section (a) may try any person, not a citizen of the United 
States, for one or more offenses against the law of war 
or in furtherance of terrorism. 
‘‘(c) A military commission shall consist of not less 
than three members and not more than seven members. 
However, in a case in which the accused may be sentenced 
to a penalty of death, the commission shall consist of seven 
members. The commission may also include not more than 
two alternate members. Each member and alternate mem-
ber shall be a commissioned officer of the armed forces. 
‘‘(d) A military commission shall have a presiding of-
ficer, who shall be appointed from among the members.
The presiding officer shall be a judge advocate and shall 
preside over the proceedings of the commission to ensure 
a full, fair, and expeditious trial. The presiding officer 
shall rule upon all questions of law and all interlocutory 
questions arising during the proceedings. A majority of 
the members may overrule the presiding officer on any rul-
ing that excludes evidence on the merits. 
‘‘(e) Trial and defense counsel shall be detailed for 
a military commission on the same basis as such counsel 
are detailed for a general court-martial under section 827 
(article 27). 
‘‘(f) Members of a military commission shall delib-
erate and vote in closed conference. Voting on the findings 
and on the sentence shall be by secret written ballot. 
‘‘(g) A military commission covered by this section 
may not find a person guilty of an offense, and may not 
determine a sentence, except by the concurrence of two-
thirds of the members present at the time the vote is 
taken. The commission may not sentence a person to suf-
fer death except by the concurrence of all the members 
as to the findings and as to the sentence. 
‘‘(h) A military commission may, under such limita-
tions as the President may prescribe, adjudge any punish-
ment permitted by the law of war, including death, impris-
onment for life or for any lesser term, payment of a fine
or restitution, or such other lawful punishment or punish-
ments as the commission shall determine to be proper. The 
sentence of death may be adjudged only if the accused 
has been found guilty of spying or an offense causing the 
death of one or more persons. A commission may not sen-
tence any person to suffer death for an offense committed 
before the person attained the age of eighteen years. A 
sentence of death may not be executed until approved by 
the President. 
‘‘(i) Pursuant to section 936 (Article 36) of the chap-
ter, the President may prescribe rules of evidence and pro-
cedure for trial by a military commission. The accused in 
a military commission shall be given the following min-
imum rights and protections: 
‘‘(1) The accused shall have the right to a fair 
trial, without adverse distinction based upon race, 
color, gender, language, religion, birth, wealth, or 
any similar criteria. 
‘‘(2) The accused shall be presumed innocent 
until proven guilty. The burden of proof shall be 
upon the prosecution to prove each element of an of-
fense beyond a reasonable doubt. 
‘‘(3) The accused shall be informed of the 
charges against him in a language he understands 
as soon as practicable prior to trial.
‘‘(4) The accused shall have the right to a pub-
lic trial, unless the appointing authority determines 
that a closed trial, or any portion thereof, is nec-
essary to the national security of the United States. 
‘‘(5) The accused may not be compelled to tes-
tify or present evidence against himself. 
‘‘(6) No adverse inference will be drawn against 
him by reason of a decision not to testify on his own 
behalf. 
‘‘(7) Evidence obtained through the use of tor-
ture (as defined in section 2340 of title 18), will not 
be admitted in evidence at trial by a military com-
mission. 
‘‘(8) The accused shall be entitled to assistance 
of counsel at all stages of proceedings and shall have 
adequate time and facilities available for the prepa-
ration of his defense. The accused shall have the 
right to represent himself in trail by military com-
mission, subject to the discretion of the presiding of-
ficer. 
‘‘(9) The accused shall have the right to present 
evidence and to cross-examine each witness. 
‘‘(10) The accused shall have equal opportunity 
to obtain witnesses and other evidence in accordance
with such regulations as the President may pre-
scribe. 
‘‘(11) The accused shall have access to all evi-
dence that trial counsel intends to offer at trial and 
all evidence known to trial counsel or to the commis-
sion that tends to exculpate him. 
‘‘(12) The accused shall have the right to be 
present at each stage of the proceedings, unless he 
engages in conduct that the presiding officer deter-
mines to be disruptive. 
‘‘(13) The accused shall not be tried a second 
time for the same offense. 
‘‘(j) A person found guilty by military commission 
shall have a right to review of that finding and any ad-
judged sentence in accordance with this section. 
‘‘(k)(1) After trial, the presiding officer shall prompt-
ly authenticate a verbatim transcript and record of trial. 
‘‘(2) The appointing authority shall, within a reason-
able period of time, carry out an administrative review of 
the transcript and record of trial and take such adminis-
trative actions as the authority considers appropriate, 
which may include directing the commission to conduct 
any necessary supplemental proceedings.