3.0.0 3901 2022-02-03T05:32:13Z 2023-01-11T22:18:48Z Senate S S 2006-09-14 109 ssas00 Armed Services Committee Senate Standing Reported original measure 2006-09-14T21:44:05Z Markup by 2006-09-14T17:52:10Z Military Commissions Act of 2006 109 6166 HR 2006-11-13 Read twice and referred to the Committee on Armed Services. 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 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 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 Military Commissions Act of 2006 109 6054 HR 2006-09-25 Placed on the Union Calendar, Calendar No. 409. 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 House 2006-09-14 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 611. Calendars 2006-09-14 ssas00 Armed Services Committee Senate Committee on Armed Services. Original measure reported to Senate by Senator Warner. Without written report. Committee 2006-09-14 Committee on Armed Services. Original measure reported to Senate by Senator Warner. Without written report. Committee 14000 9 Library of Congress ssas00 Armed Services Committee 2006-09-14 ssas00 Armed Services Committee Senate Committee on Armed Services ordered to be reported an original measure. Committee 2006-09-14 Introduced in Senate IntroReferral 10000 9 Library of Congress W000154 Sen. Warner, John [R-VA] JOHN WARNER R VA WILLIAM N 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) 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 Perjury Pleas (Criminal procedure) Poisons Pretrial procedure Prisoners of war Prisoners' rights 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 2006-09-14 Introduced in Senate 2006-09-22T17:53:21Z 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.

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 U.S. Court of Appeals for the Armed Forces 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.

]]> 80 2006-09-14 Reported to Senate without amendment 2006-10-17T19:43:34Z (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Military Commissions Act of 2006 - (Sec. 3) Authorizes the President to establish military commissions (commissions) for the trial of 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. Allows commissions to impose upon any person found guilty any sentence appropriate to the offense, including death or imprisonment for life. Authorizes the Secretary of Defense to carry out such sentences. Requires an annual report from the Secretary to the congressional defense committees on any trials conducted.

(Sec. 4) 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. Prohibits the findings, holdings, and other precedents of commissions from being introduced or considered in any proceeding of a court-martial convened under the UCMJ.

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 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. Allows the admission of a statement obtained by alleged coercion not amounting to torture or cruel, inhuman, or degrading treatment only if the commission military judge finds that: (1) the totality of the circumstances under which the statement was made render it reliable and possessing sufficient probative value; and (2) the interests of justice would best be served by its admission.

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) review by the U.S. Court of Appeals for the Armed Forces and the U.S. Supreme Court; and (5) the execution of sentences.

Makes the following offenses triable by commissions: (1) conspiracy; (2) solicitation; (3) murder of protected persons; (4) attacking civilians; (5) attacking civilian objects; (6) attacking protected property; (7) pillaging; (8) denying quarter; (9) taking hostages; (10) employing poison or similar weapons; (11) using protected persons as a shield; (12) using protected property as a shield; (13) torture; (14) cruel, unusual, or inhumane treatment or punishment; (15) intentionally causing serious bodily injury; (16) mutilating or maiming; (17) murder in violation of the law of war; (18) destruction of property in violation of the law of war; (19) using treachery or perfidy; (20) improperly using a flag of truce; (21) improperly using a distinctive emblem; (22) intentionally mistreating a dead body; (23) rape; (24) hijacking or hazarding a vessel or aircraft; (25) terrorism; (26) providing material support for terrorism; (27) wrongfully aiding the enemy; (28) spying; (29) contempt; and (30) perjury and obstruction of justice.

(Sec. 5) Makes conforming amendments under the Detainee Treatment Act of 2005 and the UCMJ.

(Sec. 6) 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: (1) is currently in U.S. custody; or (2) has been determined by the United States to have been properly detained as an enemy combatant.

(Sec. 7) Prohibits a person from invoking the Geneva Conventions in any civil action against a U.S. officer, employee, member of the Armed Forces, or other agent, or against the United States, in any claim for damages for death, injury, or damage to property in any court of the United States or its states or territories.

(Sec. 8) Amends the federal criminal code to include the following as violations of the War Crimes Act: (1) torture; (2) cruel, unusual, or inhumane treatment or punishment; (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.

(Sec. 9) Amends the Detainee Treatment Act of 2005 to include all persons 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 decisions of a Combatant Status Review Tribunal that an alien is properly detained as an enemy combatant.

]]> Military Commissions Act of 2006 Short Titles as Introduced Military Commissions Act of 2006 Short Titles as Reported to Senate Military Commissions Act of 2006 S Senate Popular Titles Military Trials for Enemy Combatants bill 9 Library of Congress Display Title Military Commissions Act of 2006 Official Title as Introduced An original bill to authorize trial by military commission for violations of the law of war, and for other purposes. Placed on Calendar Senate 2006-09-14T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109s3901pcs/xml/BILLS-109s3901pcs.xml 2006-09-14 Placed on Senate Legislative Calendar under General Orders. Calendar No. 611. 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.