Military Commissions Act of 2006
Latest action. Placed on Senate legislative calendarThe list of measures reported out of committee and eligible for floor action. Being on the calendar is not a promise of a vote.Read the full definition (opens a new tab) under General Orders. Calendar No. 611.
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Military Commissions Act of 2006 - (Sec. 3) Authorizes the President to establish military commissions (commissions) for the trial of alien unlawful enemy combatants (combatants) engaged in hostilities against the United States for violations of the law of war and other offenses specifically made triable by commissions under this Act. Allows commissions to impose upon any person found guilty any sentence appropriate to the offense, including death or imprisonment for life. Authorizes the Secretary of Defense to carry out such sentences. Requires an annual report from the Secretary to the congressional defense committees on any trials conducted.
(Sec. 4) Amends the Uniform Code of Military Justice (UCMJ) to codify and establish procedures governing the use of commissions to try such combatants for violations of triable offenses. Prohibits the findings, holdings, and other precedents of commissions from being introduced or considered in any proceeding of a court-martial convened under the UCMJ.
Makes eligible to serve on a commission any U.S. commissioned officer 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 (compulsory self-incrimination) at a commission proceeding. Allows the admission of a statement obtained by alleged coercion not amounting to torture or cruel, inhuman, or degrading treatment only if the commission military judge finds that: (1) the totality of the circumstances under which the statement was made render it reliable and possessing sufficient probative value; and (2) the interests of justice would best be served by its admission.
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 7 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 Senate without amendment" stage on September 14, 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 14, 2006: Placed on Senate Legislative Calendar under General Orders. Calendar No. 611.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- 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?
JOHN WARNER (R-VA) introduced it on September 14, 2006. No cosponsors are recorded.
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 14, 2006, 7301 days ago. The most recent recorded action was 7301 days ago, on September 14, 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
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers