29 September 2006
Congress Passes Legislation on Questioning, Trying Detainees
Military Commissions Act is a "very vital" tool, President Bush says
Washington – The U.S. Congress has agreed on legislation governing how the United States treats and tries detainees in the War on Terror. The legislation would authorize the president to establish military commissions to try unlawful enemy combatants engaged in hostilities against the United States.
President Bush is expected to sign into law the Military Commissions Act of 2006 (S. 3930), passed by the Senate on September 28 by a 65 to 34 vote. The House of Representatives passed companion legislation (HR 6054) 253 to 168 on September 27.
The legislation is "very vital" and would give the United States "the tools necessary to protect the American people," Bush said September 28. It would provide the United States with the capacity to interrogate high-value detainees, he said.
The act addresses the Supreme Court's ruling regarding the application of Common Article 3 of the Geneva Conventions and would clarify the standards for U.S. personnel who detain and question unlawful enemy combatants, according to a statement by the president issued September 27. The act also would create a comprehensive statutory structure for military commissions to prosecute terrorists, Bush said.
The U.S. Supreme Court ruled June 29 in a case brought by suspected terrorist and Guantanamo detainee Salim Ahmed Hamdan that Common Article 3 of the Geneva Conventions applies to the U.S. war with the al-Qaida organization. (See related article.)
The legislation defines what would be considered violations under Common Article 3, a provision that the Bush administration had said needed to be clarified. Violations include torture, cruel or inhuman treatment, performing biological experiments, murder, mutilation or intentionally causing bodily injury. (See related article.)
The legislation also would bar military commissions from considering testimony obtained since December 30, 2005, through interrogation techniques that involve cruel or inhumane treatment. December 30, 2005, is the date President Bush signed the 2006 supplement Defense appropriations bill that included a section, also known as the McCain amendment, setting standards for humane treatment of detainees. (See related article.)
One controversial provision of the Military Commission Act would prevent detainees from challenging their imprisonment in U.S. federal courts, a right known as habeas corpus.
To become law, a bill must be passed by both the House of Representatives and the Senate, usually after lengthy scrutiny of the proposal by congressional subcommittees and committees. If the Senate and House of Representatives pass different versions of the same bill, a conference committee composed of members of both chambers meets to work out a compromise version of the bill. This compromise version must be approved by both chambers before it is sent to the president for signature or veto. Because in this case the bills are identical, there will be no conference committee meeting; however, the House of Representatives formally must approve the Senate bill.
The full text of the Senate bill is available on the Library of Congress Web site.
For more information, see Detainee Issues.
(The Washington File is a product of the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
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