A bill to authorize military commissions to bring terrorists to justice, to strengthen and modernize terrorist surveillance capabilities, and for other purposes.

Bill: 109-s-3929
Sponsor: Sen. McConnell, Mitch [R-KY]
Introduced: 2006-09-22 in the Senate
Policy area: Armed Forces and National Security
Subjects: Administrative procedure
Air piracy
Aliens
Appellate courts
Appellate procedure
Biological warfare
Capital punishment
Chemical warfare
Civil Rights and Liberties, Minority Issues
Congress
Congress and military policy
Congressional oversight
Congressional reporting requirements
Conspiracy
Constitutional law
Contempt of court
Court records
Courts of special jurisdiction
Courts-martial and courts of inquiry
Crime and Law Enforcement
Criminal justice information
Death
Department of Defense
Destruction of property
Detention of persons
Due process of law
Electronic surveillance
Emblems
Espionage
Evidence (Law)
Executive orders
Flags
Foreign agents
Government Operations and Politics
Government liability (International law)
Habeas corpus
Hostages
Human rights
Immigration
International Affairs
Judges
Judicial review
Jurisdiction
Law
Military law
Murder
Nuclear nonproliferation
Nuclear terrorism
Obstruction of justice
Pain
Perjury
Pleas (Criminal procedure)
Poisons
Preschool education
President and foreign policy
Pretrial procedure
Prisoners of war
Prisoners' rights
Privileges and immunities
Prosecution
Punishment
Rape
Right to counsel
Self-incrimination
Sentences (Criminal procedure)
Sex crimes
State-sponsored terrorism
Suspects' rights
Terrorism
Torture
Treaties
Trials
War casualties
War crimes
Warrants (Law)
Weapons of mass destruction
Witnesses
Women

Summary:
action_date: 2006-09-22
text: 
 Military Commissions Act of 2006 - Authorizes the: (1) President to establish military commissions (commissions) to try alien unlawful enemy combatants engaged in hostilities against the United States for violations of the law of war and other triable offenses; (2) commissions to impose upon any person found guilty any sentence appropriate to the offense, including death or imprisonment for life; and (3) Secretary of Defense to carry out such sentences. Prohibits a combatant under trial from invoking the Geneva Conventions as a source of rights.
 
Amends the Uniform Code of Military Justice (UCMJ) to codify and establish procedures governing the use of commissions to try such combatants for violations of triable offenses. Makes eligible to serve on a commission any U.S. commissioned officer on active duty. Requires to be detailed to each commission a military judge, trial and military defense counsel, and reporters and interpreters. Requires at least five members in each commission.
 
Prescribes, with respect to each established commission, pre-trial and trial procedures, including charges, rules of evidence, pleas, opportunity to obtain witnesses and other evidence, and defenses. Requires: (1) a two-thirds commission member vote for conviction; (2) a three-fourths member vote for a sentence of life imprisonment or confinement of more than ten years; and (3) a unanimous vote by at least 12 members in a case in which the death penalty is sought.
 
Prescribes post-trial procedures and reviews of commission actions, including appeal by the United States, rehearings, and review by the Court of Military Commission Review, the U.S. Court of Appeals for the District of Columbia, and the U.S. Supreme Court.
 
Outlines offenses triable by commissions.
 
Amends the federal criminal code to add certain actions to be considered violations of the War Crimes Act.
 
Terrorist Surveillance Act of 2006 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish a new title relating to electronic surveillance programs (programs). Gives the Foreign Intelligence Surveillance Court (established under FISA) jurisdiction to review programs that seek to obtain foreign intelligence information or to protect against international terrorism. Allows the Court to issue an order that authorizes a program for up to 90 days. Provides for congressional oversight of approved programs.


Legislative actions:
action_date: 2006-09-25
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 633.
action_date: 2006-09-22
text: Introduced in the Senate. Read the first time. pursuant to the order of September 21, 2006, as modified on September 22, 2006. Placed on Senate Legislative Calendar under Read the First Time. (text of measure as introduced: CR S10017-10033)
action_date: 2006-09-22
text: Introduced in Senate