(Added Pub. L. 111–84, div. A, title XVIII, § 1802,Oct. 28, 2009, 123 Stat. 2575; amended Pub. L. 113–66, div. A, title XVII, § 1702(c)(3)(E),Dec. 26, 2013, 127 Stat. 958.)
Amendment of Subsection (d)(1)(C)
Pub. L. 113–66, div. A, title XVII, § 1702(c)(3)(E), (d)(1),Dec. 26, 2013, 127 Stat. 958, provided that, effective one year after Dec. 26, 2013, and applicable with respect to offenses committed under chapter
47 of this title on or after that effective date, subsection (d)(1)(C) of this section is amended by striking “pretrial investigation” and inserting “preliminary hearing”. See 2013 Amendment notes below.
A prior section
, added Pub. L. 109–366
, § 3(a)(1),Oct. 17, 2006, 120 Stat. 2602
, related to military commissions generally, prior to the general amendment of this chapter by Pub. L. 111–84
2013—Subsec. (d)(1)(C). Pub. L. 113–66
substituted “preliminary hearing” for “pretrial investigation”.
Effective Date of 2013 Amendment
Amendment by Pub. L. 113–66
effective one year after Dec. 26, 2013, and applicable with respect to offenses committed under chapter
of this title on or after that effective date, see section 1702(d)(1) ofPub. L. 113–66
, set out as a note under section
of this title.
Ex. Ord. No. 13425. Trial of Alien Unlawful Enemy Combatants by Military Commission
Ex. Ord. No. 13425, Feb. 14, 2007, 72
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Military Commissions Act of 2006 (Public Law 109–366), the Authorization for Use of Military Force (Public Law 107–40), and section
, United States Code, it is hereby ordered as follows:
Section 1. Establishment of Military Commissions. There are hereby established military commissions to try alien unlawful enemy combatants for offenses triable by military commission as provided in chapter
Sec. 2. Definitions. As used in this order:
(a) “unlawful enemy combatant” has the meaning provided for that term in section
(b) “alien” means a person who is not a citizen of the United States.
Sec. 3. Supersedure. This order supersedes any provision of the President’s Military Order of November 13, 2001 (66 Fed. Reg. 57,833), that relates to trial by military commission, specifically including:
(a) section 4 of the Military Order; and
(b) any requirement in section 2 of the Military Order, as it relates to trial by military commission, for a determination of:
(i) reason to believe specified matters; or
(ii) the interest of the United States.
Sec. 4. General Provisions. (a) This order shall be implemented in accordance with applicable law and subject to the availability of appropriations.
(b) The heads of executive departments and agencies shall provide such information and assistance to the Secretary of Defense as may be necessary to implement this order and chapter
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, entities, officers, employees, or agents, or any other person.
George W. Bush.