3.0.0 6166 2023-01-12T17:52:16Z 2023-01-12T17:52:16Z House H HR 2006-09-25 109 ssas00 Armed Services Committee Senate Standing Referred to 2006-11-13T21:54:19Z hsfa00 Foreign Affairs Committee House Standing Referred to 2006-09-25T16:16:25Z hsju00 Judiciary Committee House Standing Referred to 2006-09-25T16:16:20Z hsas00 Armed Services Committee House Standing Referred to 2006-09-25T16:16:15Z Military Commissions Act of 2006 109 6054 HR 2006-09-25 Placed on the Union Calendar, Calendar No. 409. Related bill CRS Related bill House Bringing Terrorists to Justice Act of 2006 109 3861 S 2006-09-13 Star Print ordered on the bill. Related bill CRS Related bill House Terrorist Tracking, Identification, and Prosecution Act of 2006 109 3886 S 2006-09-14 Sponsor introductory remarks on measure. (CR S9577-9578) Related bill CRS Related bill House Military Commissions Act of 2006 109 3901 S 2006-09-14 Placed on Senate Legislative Calendar under General Orders. Calendar No. 611. Related bill CRS Related bill House Military Commissions Act of 2006 109 3930 S 2006-10-17 Became Public Law No: 109-366. Related bill CRS Related bill House A bill to authorize military commissions to bring terrorists to justice, to strengthen and modernize terrorist surveillance capabilities, and for other purposes. 109 3929 S 2006-09-25 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 633. Related bill House Providing for consideration of the bill (H.R. 6166) to amend title 10, United States Code, to authorize trial by military commission for violations of the law of war, and for other purposes. 109 1042 HRES 2006-09-27 Motion to reconsider laid on the table Agreed to without objection. 13:22:44 Procedurally-related House 2006-11-13 ssas00 Armed Services Committee Senate Read twice and referred to the Committee on Armed Services. IntroReferral 2006-09-27 Senate Received in the Senate. IntroReferral 2006-09-27 16:45:19 The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 6166. Floor H38900 2 House floor actions 2006-09-27 16:45:16 Motion to reconsider laid on the table Agreed to without objection. Floor H38310 2 House floor actions 2006-09-27 16:45:15 On passage Passed by recorded vote: 253 - 168 (Roll no. 491). Floor H37100 2 House floor actions 491 https://clerk.house.gov/evs/2006/roll491.xml House 109 2006-09-27T20:45:15Z 2 2006-09-27 16:45:15 Passed/agreed to in House: On passage Passed by recorded vote: 253 - 168 (Roll no. 491). Floor 8000 9 Library of Congress 491 https://clerk.house.gov/evs/2006/roll491.xml House 109 2006-09-27T20:45:15Z 2 2006-09-27 16:28:14 On motion to recommit with instructions Failed by recorded vote: 195 - 228 (Roll no. 490). Floor H36110 2 House floor actions hsas00 Armed Services Committee 490 https://clerk.house.gov/evs/2006/roll490.xml House 109 2006-09-27T20:28:14Z 2 2006-09-27 16:02:50 The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7558-7560; text: CR H7558) Floor H8A000 2 House floor actions 2006-09-27 15:54:26 DEBATE - The House proceeded with ten minutes of debate on the Skelton motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment adding a new section at the end of the bill providing for expedited judicial review. Floor H8D000 2 House floor actions 2006-09-27 15:53:59 Mr. Skelton moved to recommit with instructions to Armed Services. Floor H36100 2 House floor actions hsas00 Armed Services Committee 2006-09-27 15:53:43 The previous question was ordered pursuant to the rule. Floor H35000 2 House floor actions 2006-09-27 13:25:03 DEBATE - The House proceeded with two hours of debate on H.R. 6166. Floor H8D000 2 House floor actions 2006-09-27 13:23:46 Rule provides for consideration of H.R. 6166 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The amendment printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted. Floor H8D000 2 House floor actions 2006-09-27 13:23:41 Considered under the provisions of rule H. Res. 1042. (consideration: CR H7550-7561) Floor H30000 2 House floor actions 2006-09-27 13:22:43 Rule H. Res. 1042 passed House. Floor H1L220 2 House floor actions 2006-09-26 21:21:47 Rules Committee Resolution H. Res. 1042 Reported to House. Rule provides for consideration of H.R. 6166 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The amendment printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted. Floor H1L210 2 House floor actions 2006-09-25 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. IntroReferral H11100 2 House floor actions hsfa00 Foreign Affairs Committee 2006-09-25 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. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2006-09-25 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. IntroReferral H11100-A 9 Library of Congress 2006-09-25 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. IntroReferral H11100 2 House floor actions hsas00 Armed Services Committee 2006-09-25 Introduced in House IntroReferral Intro-H 9 Library of Congress 2006-09-25 Introduced in House IntroReferral 1000 9 Library of Congress H000981 Rep. Hunter, Duncan [R-CA-52] DUNCAN HUNTER R CA 52 N S000244 Rep. Sensenbrenner, F. James, Jr. [R-WI-5] F. SENSENBRENNER R WI JAMES 5 2006-09-25 True Armed Forces and National Security 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 reporting requirements Conspiracy Contempt of court Court records Courts-martial and courts of inquiry Death Department of Defense Destruction of property Detention of persons Due process of law Emblems Espionage Evidence (Law) Executive orders Flags Government Operations and Politics Government liability (International law) Habeas corpus Hostages Human rights Immigration International Affairs Judges Jurisdiction Law Military law Murder 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 Suspects' rights Terrorism Torture Treaties Trials War casualties War crimes Witnesses Women Armed Forces and National Security 00 2006-09-25 Introduced in House 2006-12-07T21:50:42Z 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; and (2) commissions to impose upon any person found guilty any punishment, including death. 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.

]]> 36 2006-09-27 Passed House amended 2006-12-07T21:53:41Z 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 for areas declared to be under martial law 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 commissions to try alien unlawful enemy combatants (combatants) engaged in hostilities against the United States for violations of the law of war and other offenses specifically made triable by commissions under this Act. Defines an "unlawful enemy combatant" as a person who has: (1) engaged in or supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant; or (2) been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal or other tribunal established under the authority of the President or the Secretary of Defense (Secretary). Defines a "lawful enemy combatant" as a person who is a member of: (1) the regular forces of a State party engaged in hostilities against the United States; (2) 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 (3) a regular armed force who professes allegiance to a government engaged in such hostilities, but not recognized by the United States.

Authorizes the President to establish such commissions. Prohibits commission findings, holdings, and other precedents from being introduced or considered in any proceeding of a court-martial convened under the UCMJ. Prohibits a combatant subject to trial by commission from invoking the Geneva Conventions as a source of rights. Allows commissions to impose upon any person found guilty any punishment not forbidden under the UCMJ, including the death penalty. Requires an annual report from the Secretary to the congressional defense committees on any trials conducted.

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.

Outlines commission pre-trial procedures, including charges and specifications. Prohibits a person from being required to testify against himself (compulsory self-incrimination) at a commission proceeding. Prohibits (with a limited exception) a statement obtained by the use of torture from being admissible against the accused.

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 commission 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 similar weapons; (9) using protected persons as a shield; (10) using protected property as a shield; (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) sexual assault or abuse; (23) hijacking or hazarding a vessel or aircraft; (24) terrorism; (25) providing material support for terrorism; (26) wrongfully aiding the enemy; (27) spying; (28) conspiracy; (29) perjury and obstruction of justice; and (30) contempt.

Requires a report from the Secretary to the defense committees setting forth commission procedures prescribed under this Act.

(Sec. 4) Makes inapplicable to commissions UCMJ provisions concerning: (1) contempt; (2) speedy trial; (3) self-incrimination warnings; and (4) pretrial investigations.

(Sec. 5) Prohibits a person from invoking the Geneva Conventions in any habeas corpus or other civil action to which the United States, a current or former officer, employee, or member of the Armed Forces, or other agent of the United States is a party as a source of rights in any court of the United States or its states or territories.

(Sec. 6) Authorizes the President to interpret the meaning and application of the Geneva Conventions and to promulgate standards and regulations for violations of treaty obligations which are not grave breaches of the Geneva Conventions. Directs the President to issue such interpretations through Executive Orders.

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 serious bodily injury; (7) rape; (8) sexual assault or abuse; and (9) taking hostages.

Prohibits any person in the custody or control of the United States, regardless of nationality or physical location, from being subject to cruel, inhuman, or degrading treatment or punishment.

(Sec. 7) Amends federal criminal justice provisions to deny any court or judge jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of, or to hear or consider any other action against the United States or its agents relating to any aspect of the detention, treatment, or trial of, an alien detained outside the United States who is or was detained by the United States and has been determined to have been properly detained as an enemy combatant or is awaiting such determination. Makes the provisions of this section effective upon enactment, and applicable to all cases, without exception, pending on or after enactment which relate to any aspect of the detention, transfer, treatment, trial, or conditions of detention of an alien detained by the United States since September 11, 2001.


(Sec. 8) Amends provisions of the Detainee Treatment Act of 2005 relating to the protection of U.S. government personnel engaged in authorized interrogations to: (1) require (currently authorizes) the U.S. government to provide counsel and pay the legal fees of any such personnel with respect to any civil action or criminal prosecution arising out of an authorized interrogation; and (2) make such provisions effective with respect to actions occurring between September 11, 2001, and December 30, 2005.

(Sec. 9) Amends the Detainee Treatment Act of 2005 to make reviews of all judgments of commissions (currently, only judgments involving a capital case or a case in which the alien was sentenced to imprisonment of ten years or more) a matter of right.

(Sec. 10) Includes all aliens detained by the United States (currently, only those detained by the Department of Defense at Guantanamo Bay, Cuba) under the authority for the review by the U.S. Court of Appeals for the District of Columbia of a decision of a Combatant Status Review Tribunal that an alien is properly detained as an enemy combatant.

]]> Military Commissions Act of 2006 Display Title Military Commissions Act of 2006 Official Title as Introduced To amend title 10, United States Code, to authorize trial by military commission for violations of the law of war, and for other purposes. Introduced in House IH Short Titles as Introduced Military Commissions Act of 2006 Short Titles as Passed House Military Commissions Act of 2006 H House 1213 109 HAMDT An amendment printed in House Report 109-688 and considered as adopted pursuant to the provisions of H. Res. 1042. 2022-02-03T05:32:04Z 2006-09-27 On agreeing to the Rules amendment (A001) Agreed to without objection. 13:24:40 Rules Committee 2006-09-27T04:00:00Z House of Representatives 109 HR House H 6166 Military Commissions Act of 2006 2023-01-12T17:52:16Z H. Res. 1042 https://www.congress.gov/bill/109th-congress/house-resolution/1042 House Report 109-688 https://www.congress.gov/congressional-report/109th-congress/house-report/688 7 2006-09-27 13:24:40 On agreeing to the Rules amendment (A001) Agreed to without objection. Floor H34111 2 House floor actions 2006-09-27 13:23:47 Amendment reported by the House Committee on Rules. (consideration: CR H7522-7533; text: CR H7522-7533) Floor H3A100 2 House floor actions 2006-09-27 13:23:47 House amendment offered/reported by : Amendment reported by the House Committee on Rules.(consideration: CR H7522-7533; text: CR H7522-7533) NotUsed 71500 9 Library of Congress 2006-09-27 13:24:40 Amendment agreed to by House: On agreeing to the Rules amendment (A001) Agreed to without objection. NotUsed 79000 9 Library of Congress 2006-09-27 House amendment offered Floor 71000 9 Library of Congress 2006-09-27 13:24:40 House amendment agreed to: On agreeing to the Rules amendment (A001) Agreed to without objection. Floor 72000 9 Library of Congress Referred in Senate 2006-11-13T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109hr6166rfs/xml/BILLS-109hr6166rfs.xml Engrossed in House 2006-09-27T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109hr6166eh/xml/BILLS-109hr6166eh.xml Introduced in House 2006-09-25T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109hr6166ih/xml/BILLS-109hr6166ih.xml 2006-11-13 Read twice and referred to the Committee on Armed Services. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.