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H.R. 5222 · 108th Congress

Military Commissions Act of 2004

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IntroducedPassed one chamberPassed both chambersBecame law (gold)Resolution agreed to (full, dark)Failed or vetoed (gray)

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Never voted on. It didn't reach a floor vote before the 108th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

No cosponsors.

Military Commissions Act of 2004 - Amends the Uniform Code of Military Justice to permit a military commission to try any person, not a citizen of the United States, for one or more offenses against the law of war or in furtherance of terrorism. Permits only the President, or a person designated by the President, to appoint such a commission.

What it does: CRS summary · Introduced in House · Oct 5, 2004

Military Commissions Act of 2004 - Amends the Uniform Code of Military Justice to permit a military commission to try any person, not a citizen of the United States, for one or more offenses against the law of war or in furtherance of terrorism. Permits only the President, or a person designated by the President, to appoint such a commission. Requires a commission to consist of not less than three members and not more than seven members.

States that trial and defense counsel shall be detailed for a military commission on the same basis as such counsel are detailed for a general court-martial.

Requires members of a military commission to deliberate and vote in closed conference.

Prohibits: (1) a military commission from finding a person guilty of an offense, and determining a sentence, except by the concurrence of two-thirds of the members present at the time the vote is taken; and (2) from sentencing a person to suffer death except by the concurrence of all the members as to the findings and as to the sentence.

Sets forth other requirements relating to a commission, including requiring the accused in a military commission to be given specified minimum rights and protections.

Outlines procedures for, and courts of, appeal.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: Military Commissions Act of 2004

Latest action (Oct 5, 2004): Referred to the House Committee on Armed Services.

Policy area: Armed Forces and National Security · Origin: House · Introduced: Oct 5, 2004

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

No recorded floor vote found.