Military Commissions Act of 2006

Bill: 109-hr-6054
Sponsor: Rep. Hunter, Duncan [R-CA-52]
Introduced: 2006-09-12 in the House
Policy area: Armed Forces and National Security
Subjects: Air piracy
Appellate courts
Appellate procedure
Biological warfare
Capital punishment
Chemical warfare
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Classified defense information
Confession (Law)
Congress
Congress and military policy
Congressional oversight
Congressional reporting requirements
Conspiracy
Contempt of court
Court records
Crime and Law Enforcement
Criminal investigation
Criminal liability
Criminal procedure
Destruction of property
Detention of persons
Discovery (Law)
Due process of law
Emblems
Environmental Protection
Espionage
Evidence (Law)
Federal employees
Federal officials
Government Operations and Politics
Habeas corpus
Hearsay evidence
Hostages
Human rights
Imprisonment
International Affairs
Judges
Judicial review
Jurisdiction
Law
Lawyers
Legal ethics
Life imprisonment
Mental illness
Military law
Military personnel
Military promotions
Murder
Oaths
Obstruction of justice
Official secrets
Perjury
Pleas (Criminal procedure)
Poisons
Pretrial procedure
Prisoners
Prisoners of war
Punishment
Rape
Right to counsel
Self-incrimination
Sentences (Criminal procedure)
Sex crimes
Supreme Court
Suspects' rights
Terrorism
Torture
Transportation and Public Works
Treaties
Trials
War crimes
Witnesses
Women

Summary:
action_date: 2006-09-12
text: 
Military Commissions Act of 2006 - Amends the Uniform Code of Military Justice (UCMJ) to codify and establish procedures governing the use of military commissions (commissions) to try unlawful enemy combatants for violations of triable offenses. Authorizes the: (1) President to establish commissions to try alien unlawful enemy combatants for violations of triable offenses; and (2) commissions to prescribe any punishment, including death when authorized. 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.

action_date: 2006-09-15
text: 
Military Commissions Act of 2006 - (Sec. 2) States that the authority under this Act to establish military commissions (commissions) may not be construed to alter or limit the the President's authority under the Constitution or laws of the United States to establish commissions on the battlefield or in occupied territories should circumstances so require.
 
 
(Sec. 3) Amends the Uniform Code of Military Justice (UCMJ) to codify and establish procedures governing the use of military commissions to try unlawful enemy combatants (combatants) for violations of offenses specifically made triable by commissions under this Act. Authorizes the President to establish such commissions. States that commissions shall not have jurisdiction over lawful enemy combatants as defined under this Act. Defines lawful and unlawful enemy combatants. Authorizes commissions to prescribe any punishment, including death when authorized. Requires an annual report from the Secretary of Defense to the congressional defense committees on any trials conducted.
 
Authorizes military commissions to be convened by the Secretary of Defense or by any officer or official of the United States designated by the Secretary for that purpose. Makes eligible to serve on a commission any commissioned officer of the Armed Forces 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 commission pre-trial procedures, including charges and specifications. Prohibits a person from being required to testify against himself at a commission proceeding. Prohibits a statement obtained by the use of torture from being admissible against the accused, except against a person accused of torture as evidence the statement was made.
 
 
Prescribes commission trial procedures, including: (1) rules of evidence; (2) duties of trial and defense counsel; (3) pleas of the accused; (4) opportunity to obtain witnesses and other evidence; (5) the defense of lack of mental responsibility; and (6) the record of trial. 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. Prohibits any sentence from including cruel or unusual punishments such as flogging, branding, or marking or tattooing of the body.
 
Prescribes post-trial procedures, including: (1) review by the convening authority; (2) appeal by the United States; (3) rehearings; (4) reviews by the Court of Military Commission Review, the U.S. Court of Appeals for the District of Columbia, and the U.S. Supreme Court; and (5) the execution of sentences.
 
Makes the following offenses triable by commissions: (1) murder of protected persons; (2) attacking civilians; (3) attacking civilian objects; (4) attacking protected property; (5) pillaging; (6) denying quarter; (7) taking hostages; (8) employing poison or analogous weapons; (9) using protected persons as shields; (10) using protected property as shields; (11) torture; (12) cruel or inhuman treatment; (13) intentionally causing serious bodily injury; (14) mutilating or maiming; (15) murder in violation of the law of war; (16) destruction of property in violation of the law of war; (17) using treachery or perfidy; (18) improperly using a flag of truce; (19) improperly using a distinctive emblem; (20) intentionally mistreating a dead body; (21) rape; (22) hijacking or hazarding a vessel or aircraft; (23) terrorism; (24) providing material support for terrorism; (25) wrongfully aiding the enemy; (26) spying; (27) conspiracy; (28) perjury and obstruction of justice; and (29) contempt.
 
Requires a report from the Secretary to the defense committees setting forth commission procedures prescribed under this Act.
 
Amends the federal criminal code to include the following as violations of the War Crimes Act: (1) torture; (2) cruel or inhuman treatment; (3) performing biological experiments; (4) murder; (5) mutilation or maiming; (6) intentionally causing great suffering or serious injury; (7) rape; (8) sexual assault; and (9) taking hostages.
 
(Sec. 5) Gives the U.S. Court of Appeals for the District of Columbia exclusive jurisdiction to determine the validity of any final decision of a Combatant Status Review Tribunal that an alien is properly detained as an enemy combatant.
 
(Sec. 6) States that satisfaction of the prohibitions against cruel, inhuman, and degrading treatment set forth in the Detainee Treatment Act of 2005 shall fully satisfy U.S. obligations with respect to the standards for suspect detention and treatment established under the Geneva Conventions, with specified exceptions. Prohibits any person in a habeas or other action from invoking the Geneva Conventions as a source of rights for any purpose in any court of the United States or its states or territories.
 
(Sec. 7) Requires (cuurently, authorizes) the U.S. to provide counsel to government personnel engaged in authorized interrogations.
 
(Sec. 8) States that this Act shall take effect on the date of the enactment of this Act and shall apply retroactively, including to: (1) any aspect of the detention, treatment, or trial of any person detained at any time since September 11, 2001; and (2) any claim or cause of action pending on or after the date of the enactment of this Act.
 
 
(Sec. 9) Makes subject to UCMJ provisions lawful enemy combatants who violate the law of war.

action_date: 2006-09-25
text: 
Military Commissions Act of 2006 - (Sec. 2) States that the authority under this Act to establish military commissions (commissions) may not be construed to alter or limit the the President's authority under the Constitution or laws of the United States to establish commissions on the battlefield or in occupied territories should circumstances so require.
 
 
(Sec. 3) Amends the Uniform Code of Military Justice (UCMJ) to codify and establish procedures governing the use of military commissions to try unlawful enemy combatants (combatants) for violations of offenses specifically made triable by commissions under this Act. Authorizes the President to establish such commissions. States that commissions shall not have jurisdiction over lawful enemy combatants as defined under this Act. Defines lawful and unlawful enemy combatants. Authorizes commissions to prescribe any punishment, including death when authorized. Requires an annual report from the Secretary of Defense to the congressional defense committees on any trials conducted.
 
Authorizes military commissions to be convened by the Secretary of Defense or by any officer or official of the United States designated by the Secretary for that purpose. Makes eligible to serve on a commission any commissioned officer of the Armed Forces 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 commission pre-trial procedures, including charges and specifications. Prohibits a person from being required to testify against himself at a commission proceeding. Prohibits a statement obtained by the use of torture from being admissible against the accused, except against a person accused of torture as evidence the statement was made.
 
 
Prescribes commission trial procedures, including: (1) rules of evidence; (2) duties of trial and defense counsel; (3) pleas of the accused; (4) opportunity to obtain witnesses and other evidence; (5) the defense of lack of mental responsibility; and (6) the record of trial. 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. Prohibits any sentence from including cruel or unusual punishments such as flogging, branding, or marking or tattooing of the body.
 
Prescribes post-trial procedures, including: (1) review by the convening authority; (2) appeal by the United States; (3) rehearings; (4) reviews by the Court of Military Commission Review, the U.S. Court of Appeals for the District of Columbia, and the U.S. Supreme Court; and (5) the execution of sentences.
 
Makes the following offenses triable by commissions: (1) murder of protected persons; (2) attacking civilians; (3) attacking civilian objects; (4) attacking protected property; (5) pillaging; (6) denying quarter; (7) taking hostages; (8) employing poison or analogous weapons; (9) using protected persons as shields; (10) using protected property as shields; (11) torture; (12) cruel or inhuman treatment; (13) intentionally causing serious bodily injury; (14) mutilating or maiming; (15) murder in violation of the law of war; (16) destruction of property in violation of the law of war; (17) using treachery or perfidy; (18) improperly using a flag of truce; (19) improperly using a distinctive emblem; (20) intentionally mistreating a dead body; (21) rape; (22) hijacking or hazarding a vessel or aircraft; (23) terrorism; (24) providing material support for terrorism; (25) wrongfully aiding the enemy; (26) spying; (27) conspiracy; (28) perjury and obstruction of justice; and (29) contempt.
 
Requires a report from the Secretary to the defense committees setting forth commission procedures prescribed under this Act.
 
Amends the federal criminal code to include the following as violations of the War Crimes Act: (1) torture; (2) cruel or inhuman treatment; (3) performing biological experiments; (4) murder; (5) mutilation or maiming; (6) intentionally causing great suffering or serious injury; (7) rape; (8) sexual assault; and (9) taking hostages.
 
(Sec. 5) Gives the U.S. Court of Appeals for the District of Columbia exclusive jurisdiction to determine the validity of any final decision of a Combatant Status Review Tribunal that an alien is properly detained as an enemy combatant.
 
(Sec. 6) States that satisfaction of the prohibitions against cruel, inhuman, and degrading treatment set forth in the Detainee Treatment Act of 2005 shall fully satisfy U.S. obligations with respect to the standards for suspect detention and treatment established under the Geneva Conventions, with specified exceptions. Prohibits any person in a habeas or other action from invoking the Geneva Conventions as a source of rights for any purpose in any court of the United States or its states or territories.
 
(Sec. 7) Requires (cuurently, authorizes) the U.S. to provide counsel to government personnel engaged in authorized interrogations.
 
(Sec. 8) States that this Act shall take effect on the date of the enactment of this Act and shall apply retroactively, including to: (1) any aspect of the detention, treatment, or trial of any person detained at any time since September 11, 2001; and (2) any claim or cause of action pending on or after the date of the enactment of this Act.
 
 
(Sec. 9) Makes subject to UCMJ provisions lawful enemy combatants who violate the law of war.


Legislative actions:
action_date: 2006-09-25
text: Placed on the Union Calendar, Calendar No. 409.
action_date: 2006-09-25
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 109-664, Part II.
action_date: 2006-09-25
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 109-664, Part II.
action_date: 2006-09-22
text: Committee on International Relations discharged.
action_date: 2006-09-22
text: Committee on International Relations discharged.
action_date: 2006-09-22
text: House Committee on Judiciary Granted an extension for further consideration ending not later than Sept. 25, 2006.
action_date: 2006-09-20
text: Ordered to be Reported by the Yeas and Nays: 20 - 19.
action_date: 2006-09-20
text: Committee Consideration and Mark-up Session Held.
action_date: 2006-09-18
text: House Committee on International Relations Granted an extension for further consideration ending not later than Sept. 22, 2006.
action_date: 2006-09-18
text: House Committee on Judiciary Granted an extension for further consideration ending not later than Sept. 22, 2006.
action_date: 2006-09-15
text: House Committee on International Relations Granted an extension for further consideration ending not later than Sept. 18, 2006.
action_date: 2006-09-15
text: House Committee on Judiciary Granted an extension for further consideration ending not later than Sept. 18, 2006.
action_date: 2006-09-15
text: Reported (Amended) by the Committee on Armed Services. H. Rept. 109-664, Part I.
action_date: 2006-09-15
text: Reported (Amended) by the Committee on Armed Services. H. Rept. 109-664, Part I.
action_date: 2006-09-13
text: Ordered to be Reported (Amended) by the Yeas and Nays: 52 - 8.
action_date: 2006-09-13
text: Committee Consideration and Mark-up Session Held.
action_date: 2006-09-12
text: 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 consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2006-09-12
text: 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 consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2006-09-12
text: 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 consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2006-09-12
text: 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 consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2006-09-12
text: Introduced in House
action_date: 2006-09-12
text: Introduced in House