3.0.0 3930 2023-01-31T21:43:03Z 2023-01-31T21:43:03Z Senate S S 2006-09-22 109 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 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 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 Waiving points of order against the conference report to accompany the bill (H.R. 5441) making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2007, and for other purposes and providing for consideration of the bill (S. 3930) to authorize trial by military commission for violations of law of war, and for other purposes and consideration of the bill (H.R. 4772) to simplify and expedite access to the Federal courts for injured parties whose rights and privileges under the United States Constitution have been deprived by final actions of Federal agencies or other governments officials or entities acting under color of State law, and for other purposes. 109 1054 HRES 2006-09-29 Motion to reconsider laid on the table Agreed to without objection. 11:00:15 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 Bringing Terrorists to Justice Act of 2006 109 3861 S 2006-09-13 Star Print ordered on the bill. 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 2006-10-17 Became Public Law No: 109-366. President E40000 2 House floor actions 2006-10-17 Became Public Law No: 109-366. BecameLaw 36000 9 Library of Congress 2006-10-17 Signed by President. President E30000 2 House floor actions 2006-10-17 Signed by President. BecameLaw 36000 9 Library of Congress 2006-10-10 Presented to President. Floor E20000 2 House floor actions 2006-10-10 Presented to President. President 28000 9 Library of Congress 2006-09-29 14:47:18 Motion to reconsider laid on the table Agreed to without objection. Floor H38310 2 House floor actions 2006-09-29 14:47:17 On passage Passed by the Yeas and Nays: 250 - 170 (Roll no. 508). (text: CR H7925-7936) Floor H37100 2 House floor actions 508 https://clerk.house.gov/evs/2006/roll508.xml House 109 2006-09-29T18:47:17Z 2 2006-09-29 14:47:17 Passed/agreed to in House: On passage Passed by the Yeas and Nays: 250 - 170 (Roll no. 508).(text: CR H7925-7936) Floor 8000 9 Library of Congress 508 https://clerk.house.gov/evs/2006/roll508.xml House 109 2006-09-29T18:47:17Z 2 2006-09-29 14:32:06 Considered as unfinished business. (consideration: CR H7959) Floor H30000 2 House floor actions 2006-09-29 13:10:37 POSTPONED PROCEEDINGS - The Chair put the question on adoption of the bill S. 3930 and announced that by voice vote, the ayes had prevailed. Mr. Sensenbrenner demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of S. 3930 until later in the legislative day. Floor H8D000 2 House floor actions 2006-09-29 13:09:54 The previous question was ordered pursuant to the rule. (consideration: CR H7951) Floor H35000 2 House floor actions 2006-09-29 11:59:01 DEBATE - The House proceeded with one hour of debate on S. 3930. Floor H8D000 2 House floor actions 2006-09-29 11:58:38 Considered under the provisions of rule H. Res. 1054. (consideration: CR H7925-7951) Floor H30000 2 House floor actions 2006-09-28 21:08:38 Held at the desk. Floor H15000 2 House floor actions 2006-09-28 Senate Message on Senate action sent to the House. Floor 2006-09-28 19:28:08 Received in the House. Floor H14000 2 House floor actions 2006-09-28 Senate Passed Senate with an amendment by Yea-Nay Vote. 65 - 34. Record Vote Number: 259. (text: CR S10420-10431) Floor 259 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00259.xml Senate 109 2006-09-28T23:00:14Z 2 2006-09-28 Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 65 - 34. Record Vote Number: 259.(text: CR S10420-10431) Floor 17000 9 Library of Congress 259 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00259.xml Senate 109 2006-09-28T23:00:14Z 2 2006-09-28 Senate Considered by Senate. (consideration: CR S10354-10432) Floor 2006-09-27 Senate Measure laid before Senate by unanimous consent. (consideration: CR S10243-10275) Floor 2006-09-25 Senate Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 634. Calendars 2006-09-22 Senate 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 S10033-10044) Calendars 2006-09-22 Introduced in Senate IntroReferral 10000 9 Library of Congress M000355 Sen. McConnell, Mitch [R-KY] Mitch McConnell R KY N F000439 Sen. Frist, William H. [R-TN] WILLIAM FRIST R TN H. 2006-09-22 True W000154 Sen. Warner, John [R-VA] JOHN WARNER R VA WILLIAM 2006-09-22 True Public Law 109-366 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 2006-09-22 Introduced in Senate 2006-10-02T16:15:23Z 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.

]]> 35 2006-09-28 Passed Senate amended 2006-10-19T16:39:03Z 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.

]]> 81 2006-09-29 Passed House without amendment 2006-10-19T16:40:11Z (This measure has not been amended since it was passed by the Senate on September 28, 2006. The summary of that version is repeated here.)

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.

]]> 49 2006-10-16 Public Law 2006-10-26T21:53:30Z (This measure has not been amended since it was passed by the Senate on September 28, 2006. The summary of that version is repeated here.)

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 A bill to authorize trial by military commission for violations of the law of war, and for other purposes. Introduced in Senate IS Short Titles as Passed Senate Military Commissions Act of 2006 S Senate Short Titles as Introduced Military Commissions Act of 2006 Popular Titles Military Trials for Enemy Combatants bill 9 Library of Congress Short Titles as Enacted Military Commissions Act of 2006 Short Titles as Passed House Military Commissions Act of 2006 H House 5104 109 SAMDT To prohibit the establishment of new military commissions after December 31, 2011. 2022-02-08T17:28:18Z 2006-09-28 Amendment SA 5104 not agreed to in Senate by Yea-Nay Vote. 47 - 52. Record Vote Number: 257. Record Vote Number: 257 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00257.xml SA 5104 https://www.congress.gov/amendment/109th-congress/senate-amendment/5104 B001210 Sen. Byrd, Robert C. [D-WV] ROBERT BYRD D WV CARLYLE 3 3 O000167 Sen. Obama, Barack [D-IL] Barack Obama D IL 2006-09-28 True C001041 Sen. Clinton, Hillary Rodham [D-NY] HILLARY CLINTON D NY R 2006-09-28 True L000261 Sen. Levin, Carl [D-MI] CARL LEVIN D MI MILTON 2006-09-28 True 2006-09-28T04:00:00Z 2006-09-28T04:00:00Z Senate 109 S Senate S 3930 Military Commissions Act of 2006 2023-01-31T21:43:03Z 7 2006-09-28 0 Senate Amendment SA 5104 not agreed to in Senate by Yea-Nay Vote. 47 - 52. Record Vote Number: 257. Floor 257 Senate 109 2006-09-28T21:18:35Z 2 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00257.xml 2006-09-28 0 Senate Amendment SA 5104 proposed by Senator Byrd. (consideration: CR S10385-10390, S10397-10398; text: CR S10385) To prohibit the establishment of new military commissions after December 31, 2011. Floor 2006-09-28 Senate amendment proposed (on the floor): Amendment SA 5104 proposed by Senator Byrd.(consideration: CR S10385-10390, S10397-10398; text: CR S10385) Floor 93000 9 Library of Congress 2006-09-28 Roll call votes on amendments in Senate: Amendment SA 5104 not agreed to in Senate by Yea-Nay Vote. 47 - 52. Record Vote Number: 257. Floor 97000 9 Library of Congress 257 Senate 109 2006-09-28T21:18:35Z 2 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00257.xml 2006-09-28 Senate amendment not agreed to: Amendment SA 5104 not agreed to in Senate by Yea-Nay Vote. 47 - 52. Record Vote Number: 257. Floor 95000 9 Library of Congress 257 Senate 109 2006-09-28T21:18:35Z 2 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00257.xml 2006-09-28 Senate amendment submitted Floor 91000 9 Library of Congress 5095 109 SAMDT To provide for congressional oversight of certain Central Intelligence Agency programs. 2022-02-08T17:28:18Z 2006-09-28 Amendment SA 5095 not agreed to in Senate by Yea-Nay Vote. 46 - 53. Record Vote Number: 256. Record Vote Number: 256 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00256.xml SA 5095 https://www.congress.gov/amendment/109th-congress/senate-amendment/5095 R000361 Sen. Rockefeller, John D., IV [D-WV] JAY ROCKEFELLER D WV 6 6 C001041 Sen. Clinton, Hillary Rodham [D-NY] HILLARY CLINTON D NY R 2006-09-28 True W000779 Sen. Wyden, Ron [D-OR] Ron Wyden D OR 2006-09-28 True M000702 Sen. Mikulski, Barbara A. [D-MD] BARBARA MIKULSKI D MD ANN 2006-09-28 True F000061 Sen. Feingold, Russell D. [D-WI] RUSSELL FEINGOLD D WI D. 2006-09-28 True L000261 Sen. Levin, Carl [D-MI] CARL LEVIN D MI MILTON 2006-09-28 True F000062 Sen. Feinstein, Dianne [D-CA] Dianne Feinstein D CA 2006-09-28 True 2006-09-28T04:00:00Z 2006-09-28T04:00:00Z Senate 109 S Senate S 3930 Military Commissions Act of 2006 2023-01-31T21:43:03Z 7 2006-09-28 0 Senate Amendment SA 5095 not agreed to in Senate by Yea-Nay Vote. 46 - 53. Record Vote Number: 256. Floor 256 Senate 109 2006-09-28T20:55:01Z 2 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00256.xml 2006-09-28 0 Senate Amendment SA 5095 proposed by Senator Rockefeller. (consideration: CR S10369-10378, S10396-10397; text: CR S10369-10370) To provide for congressional oversight of certain Central Intelligence Agency programs. Floor 2006-09-28 Senate amendment proposed (on the floor): Amendment SA 5095 proposed by Senator Rockefeller.(consideration: CR S10369-10378, S10396-10397; text: CR S10369-10370) Floor 93000 9 Library of Congress 2006-09-28 Senate amendment not agreed to: Amendment SA 5095 not agreed to in Senate by Yea-Nay Vote. 46 - 53. Record Vote Number: 256. Floor 95000 9 Library of Congress 256 Senate 109 2006-09-28T20:55:01Z 2 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00256.xml 2006-09-28 Senate amendment submitted Floor 91000 9 Library of Congress 2006-09-28 Roll call votes on amendments in Senate: Amendment SA 5095 not agreed to in Senate by Yea-Nay Vote. 46 - 53. Record Vote Number: 256. Floor 97000 9 Library of Congress 256 Senate 109 2006-09-28T20:55:01Z 2 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00256.xml 5088 109 SAMDT To provide for the protection of United States persons in the implementation of treaty obligations. 2022-02-08T17:28:18Z 2006-09-28 Amendment SA 5088 not agreed to in Senate by Yea-Nay Vote. 46 - 53. Record Vote Number: 258. Record Vote Number: 258 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00258.xml SA 5088 https://www.congress.gov/amendment/109th-congress/senate-amendment/5088 K000105 Sen. Kennedy, Edward M. [D-MA] EDWARD KENNEDY D MA MOORE 2 2 F000062 Sen. Feinstein, Dianne [D-CA] Dianne Feinstein D CA 2006-09-27 True C001041 Sen. Clinton, Hillary Rodham [D-NY] HILLARY CLINTON D NY R 2006-09-27 True 2006-09-28T04:00:00Z 2006-09-27T04:00:00Z Senate 109 S Senate S 3930 Military Commissions Act of 2006 2023-01-31T21:43:03Z 7 2006-09-28 0 Senate Amendment SA 5088 not agreed to in Senate by Yea-Nay Vote. 46 - 53. Record Vote Number: 258. Floor 258 Senate 109 2006-09-28T21:42:34Z 2 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00258.xml 2006-09-28 0 Senate Amendment SA 5088 proposed by Senator Kennedy. (consideration: CR S10378-10385, S10390-10396, S10398; text: CR S10378) To provide for the protection of United States persons in the implementation of treaty obligations. Floor 2006-09-28 Senate amendment proposed (on the floor): Amendment SA 5088 proposed by Senator Kennedy.(consideration: CR S10378-10385, S10390-10396, S10398; text: CR S10378) Floor 93000 9 Library of Congress 2006-09-28 Roll call votes on amendments in Senate: Amendment SA 5088 not agreed to in Senate by Yea-Nay Vote. 46 - 53. Record Vote Number: 258. Floor 97000 9 Library of Congress 258 Senate 109 2006-09-28T21:42:34Z 2 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00258.xml 2006-09-28 Senate amendment not agreed to: Amendment SA 5088 not agreed to in Senate by Yea-Nay Vote. 46 - 53. Record Vote Number: 258. Floor 95000 9 Library of Congress 258 Senate 109 2006-09-28T21:42:34Z 2 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00258.xml 2006-09-27 Senate amendment submitted Floor 91000 9 Library of Congress 5087 109 SAMDT To strike the provision regarding habeas review. 2022-02-08T17:28:18Z 2006-09-28 Amendment SA 5087 not agreed to in Senate by Yea-Nay Vote. 48 - 51. Record Vote Number: 255. Record Vote Number: 255 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00255.xml SA 5087 https://www.congress.gov/amendment/109th-congress/senate-amendment/5087 S000709 Sen. Specter, Arlen [R-PA] ARLEN SPECTER R PA 8 8 L000174 Sen. Leahy, Patrick J. [D-VT] Patrick Leahy D VT 2006-09-27 True D000432 Sen. Dorgan, Byron L. [D-ND] BYRON DORGAN D ND LESLIE 2006-09-27 True D000388 Sen. Dodd, Christopher J. [D-CT] CHRISTOPHER DODD D CT JOHN 2006-09-27 True D000596 Sen. Dayton, Mark [D-MN] MARK DAYTON D MN 2006-09-27 True F000061 Sen. Feingold, Russell D. [D-WI] RUSSELL FEINGOLD D WI D. 2006-09-27 True C001041 Sen. Clinton, Hillary Rodham [D-NY] HILLARY CLINTON D NY R 2006-09-27 True B000468 Sen. Bingaman, Jeff [D-NM] JESSE BINGAMAN D NM FRANCIS 2006-09-27 True O000167 Sen. Obama, Barack [D-IL] Barack Obama D IL 2006-09-28 False 2006-09-27T04:00:00Z 2006-09-27T04:00:00Z Senate 109 S Senate S 3930 Military Commissions Act of 2006 2023-01-31T21:43:03Z 8 2006-09-28 0 Senate Amendment SA 5087 not agreed to in Senate by Yea-Nay Vote. 48 - 51. Record Vote Number: 255. Floor 255 Senate 109 2006-09-28T16:23:11Z 2 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00255.xml 2006-09-28 0 Senate Considered by Senate. (consideration: CR S10354-10369) Floor 2006-09-27 0 Senate Amendment SA 5087 proposed by Senator Specter. (consideration: CR S10263-10274) To strike the provision regarding habeas review. Floor 2006-09-28 Roll call votes on amendments in Senate: Amendment SA 5087 not agreed to in Senate by Yea-Nay Vote. 48 - 51. Record Vote Number: 255. Floor 97000 9 Library of Congress 255 Senate 109 2006-09-28T16:23:11Z 2 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00255.xml 2006-09-27 Senate amendment proposed (on the floor): Amendment SA 5087 proposed by Senator Specter.(consideration: CR S10263-10274) Floor 93000 9 Library of Congress 2006-09-28 Senate amendment not agreed to: Amendment SA 5087 not agreed to in Senate by Yea-Nay Vote. 48 - 51. Record Vote Number: 255. Floor 95000 9 Library of Congress 255 Senate 109 2006-09-28T16:23:11Z 2 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00255.xml 2006-09-27 Senate amendment submitted Floor 91000 9 Library of Congress 5086 109 SAMDT In the nature of a substitute. 2022-02-08T17:28:18Z 2006-09-27 Amendment SA 5086 not agreed to in Senate by Yea-Nay Vote. 43 - 54. Record Vote Number: 254. Record Vote Number: 254 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00254.xml SA 5086 https://www.congress.gov/amendment/109th-congress/senate-amendment/5086 L000261 Sen. Levin, Carl [D-MI] CARL LEVIN D MI MILTON 2 2 D000596 Sen. Dayton, Mark [D-MN] MARK DAYTON D MN 2006-09-27 True R000122 Sen. Reed, Jack [D-RI] John Reed D RI F. 2006-09-27 True 2006-09-27T04:00:00Z 2006-09-27T04:00:00Z Senate 109 S Senate S 3930 Military Commissions Act of 2006 2023-01-31T21:43:03Z 7 2006-09-27 0 Senate Amendment SA 5086 not agreed to in Senate by Yea-Nay Vote. 43 - 54. Record Vote Number: 254. Floor 254 Senate 109 2006-09-27T21:07:22Z 2 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00254.xml 2006-09-27 0 Senate Amendment SA 5086 proposed by Senator Levin. (consideration: CR S10246-10263) In the nature of a substitute. Floor 2006-09-27 Senate amendment proposed (on the floor): Amendment SA 5086 proposed by Senator Levin.(consideration: CR S10246-10263) Floor 93000 9 Library of Congress 2006-09-27 Roll call votes on amendments in Senate: Amendment SA 5086 not agreed to in Senate by Yea-Nay Vote. 43 - 54. Record Vote Number: 254. Floor 97000 9 Library of Congress 254 Senate 109 2006-09-27T21:07:22Z 2 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00254.xml 2006-09-27 Senate amendment not agreed to: Amendment SA 5086 not agreed to in Senate by Yea-Nay Vote. 43 - 54. Record Vote Number: 254. Floor 95000 9 Library of Congress 254 Senate 109 2006-09-27T21:07:22Z 2 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1092/vote_109_2_00254.xml 2006-09-27 Senate amendment submitted Floor 91000 9 Library of Congress 5085 109 SAMDT In the nature of a substitute. 2022-02-08T17:28:18Z 2006-09-27 Amendment SA 5085 agreed to in Senate by Unanimous Consent. SA 5085 https://www.congress.gov/amendment/109th-congress/senate-amendment/5085 F000439 Sen. Frist, William H. [R-TN] WILLIAM FRIST R TN H. 2006-09-27T04:00:00Z 2006-09-27T04:00:00Z Senate 109 S Senate S 3930 Military Commissions Act of 2006 2023-01-31T21:43:03Z 6 2006-09-27 0 Senate Amendment SA 5085 agreed to in Senate by Unanimous Consent. Floor 2006-09-27 0 Senate Amendment SA 5085 proposed by Senator Frist. (consideration: CR S10243) In the nature of a substitute. Floor 2006-09-27 Senate amendment proposed (on the floor): Amendment SA 5085 proposed by Senator Frist.(consideration: CR S10243) Floor 93000 9 Library of Congress 2006-09-27 Senate amendment agreed to: Amendment SA 5085 agreed to in Senate by Unanimous Consent. Floor 94000 9 Library of Congress 2006-09-27 Senate amendment submitted Floor 91000 9 Library of Congress Enrolled Bill Engrossed in Senate 2006-09-28T04:00:00Z Placed on Calendar Senate 2006-09-25T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109s3930pcs/xml/BILLS-109s3930pcs.xml Introduced in Senate 2006-09-22T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109s3930is/xml/BILLS-109s3930is.xml 2006-10-18T03:59:59Z Public Law 2006-10-17 Became Public Law No: 109-366. 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.