text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Military Commissions Act of 2004''.
  
  SEC. 2. USE OF MILITARY COMMISSIONS FOR OFFENSES UNDER LAW OF WAR OR IN 
                FURTHERANCE OF TERRORISM.
  
      (a) In General.--Subchapter XI of chapter 47 of title 10, United 
  States Code (the Uniform Code of Military Justice), is amended by 
  inserting after section 935 (article 135) the following new section:
  ``Sec. 935a. Art. 135a. Military commissions for offenses against the 
                law of war or in furtherance of terrorism
      ``(a) A military commission covered by this section may be 
  appointed only by the President or a person designated by the President 
  for such purpose.
      ``(b) A military commission appointed under subsection (a) may 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.
      ``(c) A military commission shall consist of not less than three 
  members and not more than seven members. However, in a case in which 
  the accused may be sentenced to a penalty of death, the commission 
  shall consist of seven members. The commission may also include not 
  more than two alternate members. Each member and alternate member shall 
  be a commissioned officer of the armed forces.
      ``(d) A military commission shall have a presiding officer, who 
  shall be appointed from among the members. The presiding officer shall 
  be a judge advocate and shall preside over the proceedings of the 
  commission to ensure a full, fair, and expeditious trial. The presiding 
  officer shall rule upon all questions of law and all interlocutory 
  questions arising during the proceedings. A majority of the members may 
  overrule the presiding officer on any ruling that excludes evidence on 
  the merits.
      ``(e) 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 under section 827 (article 27).
      ``(f) Members of a military commission shall deliberate and vote in 
  closed conference. Voting on the findings and on the sentence shall be 
  by secret written ballot.
      ``(g) A military commission covered by this section may not find a 
  person guilty of an offense, and may not determine a sentence, except 
  by the concurrence of two-thirds of the members present at the time the 
  vote is taken. The commission may not sentence a person to suffer death 
  except by the concurrence of all the members as to the findings and as 
  to the sentence.
      ``(h) A military commission may, under such limitations as the 
  President may prescribe, adjudge any punishment permitted by the law of 
  war, including death, imprisonment for life or for any lesser term, 
  payment of a fine or restitution, or such other lawful punishment or 
  punishments as the commission shall determine to be proper. The 
  sentence of death may be adjudged only if the accused has been found 
  guilty of spying or an offense causing the death of one or more 
  persons. A commission may not sentence any person to suffer death for 
  an offense committed before the person attained the age of eighteen 
  years. A sentence of death may not be executed until approved by the 
  President.
      ``(i) Pursuant to section 936 (Article 36) of the chapter, the 
  President may prescribe rules of evidence and procedure for trial by a 
  military commission. The accused in a military commission shall be 
  given the following minimum rights and protections:
              ``(1) The accused shall have the right to a fair trial, 
          without adverse distinction based upon race, color, gender, 
          language, religion, birth, wealth, or any similar criteria.
              ``(2) The accused shall be presumed innocent until proven 
          guilty. The burden of proof shall be upon the prosecution to 
          prove each element of an offense beyond a reasonable doubt.
              ``(3) The accused shall be informed of the charges against 
          him in a language he understands as soon as practicable prior 
          to trial.
              ``(4) The accused shall have the right to a public trial, 
          unless the appointing authority determines that a closed trial, 
          or any portion thereof, is necessary to the national security 
          of the United States.
              ``(5) The accused may not be compelled to testify or 
          present evidence against himself.
              ``(6) No adverse inference will be drawn against him by 
          reason of a decision not to testify on his own behalf.
              ``(7) Evidence obtained through the use of torture (as 
          defined in section 2340 of title 18), will not be admitted in 
          evidence at trial by a military commission.
              ``(8) The accused shall be entitled to assistance of 
          counsel at all stages of proceedings and shall have adequate 
          time and facilities available for the preparation of his 
          defense. The accused shall have the right to represent himself 
          in trail by military commission, subject to the discretion of 
          the presiding officer.
              ``(9) The accused shall have the right to present evidence 
          and to cross-examine each witness.
              ``(10) The accused shall have equal opportunity to obtain 
          witnesses and other evidence in accordance with such 
          regulations as the President may prescribe.
              ``(11) The accused shall have access to all evidence that 
          trial counsel intends to offer at trial and all evidence known 
          to trial counsel or to the commission that tends to exculpate 
          him.
              ``(12) The accused shall have the right to be present at 
          each stage of the proceedings, unless he engages in conduct 
          that the presiding officer determines to be disruptive.
              ``(13) The accused shall not be tried a second time for the 
          same offense.
      ``(j) A person found guilty by military commission shall have a 
  right to review of that finding and any adjudged sentence in accordance 
  with this section.
      ``(k)(1) After trial, the presiding officer shall promptly 
  authenticate a verbatim transcript and record of trial.
      ``(2) The appointing authority shall, within a reasonable period of 
  time, carry out an administrative review of the transcript and record 
  of trial and take such administrative actions as the authority 
  considers appropriate, which may include directing the commission to 
  conduct any necessary supplemental proceedings.
      ``(3) The Secretary of Defense shall review the record of trial 
  and, within a reasonable period of time, take one or more of the 
  following actions of the case:
              ``(A) Approve, disapprove, commute, mitigate, or suspend 
          the sentence in whole or in part.
              ``(B) Approve or disapprove a finding of guilty, or change 
          a finding of guilty to a charge or specification to a finding 
          of guilty to a lesser included offense of the offense stated in 
          the charge.
      ``(4)(A) Following action by the Secretary of Defense, the Court of 
  Appeals for the Armed Forces shall review the record of a military 
  commission--
              ``(i) in any case in which the sentence extends to death or 
          to confinement in excess of five years; and
              ``(ii) in any other case that the President may prescribe.
      ``(B) In any case reviewed by it under this subsection, the Court 
  of Appeals for the Armed Forces may act only with respect to the 
  findings and sentence as in effect after review by the convening 
  authority and the Secretary of Defense under subsection (k)(3).
      ``(C) The Court of Appeals for the Armed Forces shall take action 
  only with respect to matters of law and shall take such action as is 
  permitted under section 867 (Article 67) of this chapter.
      ``(5) The Supreme Court of the United States shall have 
  jurisdiction to review, by writ of certiorari, an action of the Court 
  of Appeals for the Armed Forces under this subsection.
      ``(l) The Secretary of Defense shall submit to Congress each order, 
  rule, and regulation prescribed under this section. Such order, rule, 
  or regulation may not take effect until 30 days after it is so 
  submitted.
      ``(m) Not later than March 15 of each year, the Secretary of 
  Defense shall submit to Congress a report on the use of military 
  commissions covered by this section during the preceding calendar year. 
  The report shall set forth a summary of each case covered by this 
  section during such year, together with the disposition and current 
  status of that case. The report shall also set forth a detailed 
  description of the activities of the Department with respect to 
  military commissions, a copy of all current rules and regulations 
  relating to the use of military commissions, and an accounting of all 
  funds expended on matters relating to the use of military 
  commissions.''.
      (b) The table of sections at the beginning of such subchapter is 
  amended by adding at the end the following new item:
  
  ``935a. Art. 135a. Military commissions for offenses against the law of 
                              war or in furtherance of terrorism.''.
target: 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.
feat_title: To amend chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), to provide standards for the use of military commissions for the trial of offenses under the law of war or in furtherance of international terrorism.