Military Commissions Act of 2006
Latest action. Placed on the Union Calendar, Calendar No. 409.
Military Commissions Act of 2006 - (Sec. 2) States that the authority under this Act to establish military commissions (commissions) may not be construed to alter or limit the the President's authority under the Constitution or laws of the United States to establish commissions on the battlefield or in occupied territories should circumstances so require.
(Sec. 3) Amends the Uniform Code of Military Justice (UCMJ) to codify and establish procedures governing the use of military commissions to try unlawful enemy combatants (combatants) for violations of offenses specifically made triable by commissions under this Act. Authorizes the President to establish such commissions. States that commissions shall not have jurisdiction over lawful enemy combatants as defined under this Act. Defines lawful and unlawful enemy combatants. Authorizes commissions to prescribe any punishment, including death when authorized. Requires an annual report from the Secretary of Defense to the congressional defense committees on any trials conducted.
Authorizes military commissions to be convened by the Secretary of Defense or by any officer or official of the United States designated by the Secretary for that purpose. Makes eligible to serve on a commission any commissioned officer of the Armed Forces on active duty. Requires to be detailed to each commission a military judge, trial and military defense counsel, and reporters and interpreters. Requires at least five members in each commission.
Prescribes commission pre-trial procedures, including charges and specifications. Prohibits a person from being required to testify against himself at a commission proceeding. Prohibits a statement obtained by the use of torture from being admissible against the accused, except against a person accused of torture as evidence the statement was made.
Prescribes commission trial procedures, including: (1) rules of evidence; (2) duties of trial and defense counsel; (3) pleas of the accused; (4) opportunity to obtain witnesses and other evidence; (5) the defense of lack of mental responsibility; and (6) the record of trial. Requires: (1) a two-thirds commission member vote for conviction; (2) a three-fourths member vote for a sentence of life imprisonment or confinement of more than ten years; and (3) a unanimous vote by at least 12 members in a case in which the death penalty is sought. Prohibits any sentence from including cruel or unusual punishments such as flogging, branding, or marking or tattooing of the body.
The summary continues for 9 more paragraphs. Read it in full on Congress.gov
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Reported to House amended, Part II" stage on September 25, 2006. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on September 25, 2006: Placed on the Union Calendar, Calendar No. 409.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 109th Congress (2005-06), 482 of the 10,701 bills and joint resolutions introduced became law, about 4.5 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
DUNCAN HUNTER (R-CA) introduced it on September 12, 2006, and 19 members have since signed on as cosponsors.
They are 19 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on September 12, 2006, 7303 days ago. The most recent recorded action was 7290 days ago, on September 25, 2006.
Measures do not carry over. Anything the 109th Congress has not finished by January 3, 2007 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers