A BILL

To facilitate bringing to justice terrorists and other unlawful enemy combatants through full and fair trials by military commissions, and for other purposes.

SECTION 1. SHORT TITLE.

SEC. 2. FINDINGS.

SEC. 3. AUTHORIZATION FOR MILITARY COMMISSIONS.

SEC. 4. MILITARY COMMISSIONS.

`CHAPTER 47A--MILITARY COMMISSIONS

`SUBCHAPTER I--GENERAL PROVISIONS

`Sec. 948a. Definitions

`Sec. 948b. Military commissions generally

`Sec. 948c. Persons subject to military commissions

`Sec. 948d. Jurisdiction of military commissions

`SUBCHAPTER II--COMPOSITION OF MILITARY COMMISSIONS

`Sec. 948h. Who may convene military commissions

`Sec. 948i. Who may serve on military commissions

`Sec. 948j. Military judge of a military commission

`Sec. 948k. Detail of trial counsel and defense counsel

`Sec. 948l. Detail or employment of reporters and interpreters

`Sec. 948m. Number of members; excuse of members; absent and additional members

`SUBCHAPTER III--PRE-TRIAL PROCEDURE

`Sec. 948q. Charges and specifications

`Sec. 948r. Compulsory self-incrimination prohibited; statements obtained by torture

`Sec. 948s. Service of charges

`SUBCHAPTER IV--TRIAL PROCEDURE

`Sec. 949a. Rules

`Sec. 949b. Unlawfully influencing action of military commission

`Sec. 949c. Duties of trial counsel and defense counsel

`Sec. 949d. Sessions

`Sec. 949e. Continuances

`Sec. 949f. Challenges

`Sec. 949g. Oaths

`Sec. 949h. Former jeopardy

`Sec. 949i. Pleas of the accused

`Sec. 949j. Opportunity to obtain witnesses and other evidence

`Sec. 949k. Defense of lack of mental responsibility

`Sec. 949l. Voting and rulings

`Sec. 949m. Number of votes required

`Sec. 949n. Military commission to announce action

`Sec. 949o. Record of trial

`SUBCHAPTER V--SENTENCES

`Sec. 949s. Cruel or unusual punishments prohibited

`Sec. 949t. Maximum limits

`Sec. 949u. Execution of confinement

`SUBCHAPTER VI--POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS

`Sec. 950a. Error of law; lesser included offense

`Sec. 950b. Review by the convening authority

`Sec. 950c. Waiver or withdrawal of appeal

`Sec. 950d. Appeal by the United States

`Sec. 950e. Rehearings

`Sec. 950f. Review by Court of Military Commission Review

`Sec. 950g. Review by the United States Court of Appeals for the District of Columbia Circuit and the Supreme Court of the United States

`Sec. 950h. Appellate counsel

`Sec. 950i. Execution of sentence; suspension of sentence

`Sec. 950j. Finality of proceedings, findings, and sentences

`SUBCHAPTER VII--PUNITIVE MATTERS

`Sec. 950p. Substantive offenses generally

`Sec. 950q. Principals

`Sec. 950r. Accessory after the fact

`Sec. 950s. Conviction of lesser offenses

`Sec. 950t. Attempts

`Sec. 950u. Solicitation

`Sec. 950v. Crimes triable by military commission

`Sec. 950w. Perjury and obstruction of justice

`Sec. 950x. Contempt

`CHAPTER 47A--MILITARY COMMISSIONS

`SUBCHAPTER I--GENERAL PROVISIONS

`SUBCHAPTER II--COMPOSITION OF COURTS-MARTIAL

`SUBCHAPTER III--PRE-TRIAL PROCEDURE

`SUBCHAPTER IV--TRIAL PROCEDURE

`SUBCHAPTER V--SENTENCES

`SUBCHAPTER VI--POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS

`SUBCHAPTER VII--PUNITIVE MATTERS

SEC. 5. JUDICIAL REVIEW.

SEC. 6. SATISFACTION OF TREATY OBLIGATIONS.

SEC. 7. WAR CRIMES ACT AMENDMENT.

SEC. 8. CONFORMING AMENDMENTS.

SEC. 9. RETROACTIVE APPLICATION.

SEC. 10. SEVERABILITY.

Calendar No. 595

109th CONGRESS

2d Session

S. 3861

A BILL

To facilitate bringing to justice terrorists and other unlawful enemy combatants through full and fair trials by military commissions, and for other purposes.


September 8, 2006

Read the second time and placed on the calendar