Summary: H.R.5222 — 108th Congress (2003-2004)All Information (Except Text)

There is one summary for H.R.5222. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (10/05/2004)

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.