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H.R.5222 / 108th Congress

Military Commissions Act of 2004

Referred to the House Committee on Armed Services.

Official summary

Version 00 · 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.

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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.

Read the summary on Congress.gov
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Who introduced it

Rep. Sanchez, Loretta [D-CA-47] · D–CA

Committees

  • Armed Services Committee
0 cosponsorship records, including any withdrawals

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    1. Referred to the House Committee on Armed Services.

    2. Introduced in House

    3. Introduced in House

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    Related bills identified by Congress.gov

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    Source last updated: Aug 18, 2025. Consult Congress.gov for the current record.

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