S.3930

One Hundred Ninth Congress
of the
United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six


An Act

To authorize trial by military commission for violations of the law of war, and
for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

SEC. 2. CONSTRUCTION OF PRESIDENTIAL AUTHORITY TO ESTABLISH MILITARY COMMISSIONS.

SEC. 3. MILITARY COMMISSIONS.

`CHAPTER 47A—MILITARY COMMISSIONS

—948a  [ I. General Provisions ]

—948h  [ II. Composition of Military Commissions ]

—948q  [ III. Pre-Trial Procedure ]

—949a  [ IV. Trial Procedure ]

—949s  [ V. Sentences ]

—950a  [ VI. Post-Trial Procedure and Review of Military Commissions ]

—950p  [ VII. Punitive Matters ]

`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

`Sec. 948e. Annual report to congressional committees

`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; treatment of statements obtained by torture and other statements

`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. Appellate referral; 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

`Sec. 950h. Appellate counsel

`Sec. 950i. Execution of sentence; procedures for execution of sentence of death

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

`SUBCHAPTER VII—PUNITIVE MATTERS

`Sec. 950p. Statement of substantive offenses

`Sec. 950q. Principals

`Sec. 950r. Accessory after the fact

`Sec. 950s. Conviction of lesser included offense

`Sec. 950t. Attempts

`Sec. 950u. Solicitation

`Sec. 950v. Crimes triable by military commissions

`Sec. 950w. Perjury and obstruction of justice; contempt

[  ————————  3(a)(1)  ENDS  HERE  ————————  ]

SEC. 4. AMENDMENTS TO UNIFORM CODE OF MILITARY JUSTICE.

SEC. 5. TREATY OBLIGATIONS NOT ESTABLISHING GROUNDS FOR CERTAIN CLAIMS.

SEC. 6. IMPLEMENTATION OF TREATY OBLIGATIONS.

SEC. 7. HABEAS CORPUS MATTERS.

SEC. 8. REVISIONS TO DETAINEE TREATMENT ACT OF 2005 RELATING TO PROTECTION OF CERTAIN UNITED STATES GOVERNMENT PERSONNEL.

SEC. 9. REVIEW OF JUDGMENTS OF MILITARY COMMISSIONS.

SEC. 10. DETENTION COVERED BY REVIEW OF DECISIONS OF COMBATANT STATUS REVIEW TRIBUNALS OF PROPRIETY OF DETENTION.



Speaker of the House of Representatives.


Vice President of the United States and
President of the Senate.




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S.3930 on THOMAS:  http://thomas.loc.gov/cgi-bin/bdquery/z?d109:s.03930:

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