The date of the enactment of the Military Commissions Act of 2006, referred to in par. (1)(ii), is the date of enactment of Pub. L. 109–366, which was approved Oct. 17, 2006.

Pub. L. 109–366, § 1(a), Oct. 17, 2006, 120 Stat. 2600, provided that: “This Act [enacting this chapter and section 2000dd–0 of Title 42, The Public Health and Welfare, amending sections 802, 821, 828, 836, 848, 850, 881, 904, and 906 of this title, section 2441 of Title 18, Crimes and Criminal Procedure, section 2241 of Title 28, Judiciary and Judicial Procedure, and section 2000dd–1 of Title 42, enacting provisions set out as notes under this section, section 2441 of Title 18, section 2241 of Title 28, and section 2000dd–1 of Title 42, and amending provisions set out as a note under section 801 of this title] may be cited as the ‘Military Commissions Act of 2006’.”

Pub. L. 109–366, § 2, Oct. 17, 2006, 120 Stat. 2600, provided that: “The authority to establish military commissions under chapter 47A of title 10, United States Code, as added by section 3 (a), may not be construed to alter or limit the authority of the President under the Constitution of the United States and laws of the United States to establish military commissions for areas declared to be under martial law or in occupied territories should circumstances so require.”

Pub. L. 109–366, § 3(b), Oct. 17, 2006, 120 Stat. 2631, provided that: “Not later than 90 days after the date of the enactment of this Act [Oct. 17, 2006], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the procedures for military commissions prescribed under chapter 47A of title 10, United States Code (as added by subsection (a)).”