Sep 30 2006
Both the House and Senate passed separate but equivalent versions of the Military Commissions Act.
The bill text is available as a PDF: HR 6166, S 3930 - As Placed On Senate Calendar (cleared for White House on 29 September)
Senate Vote - 28 September
On a 65-34 vote, with 12 Democrats joining, the Senate passed S 3930 Thursday night after 10 hours of debate. The bill is identical to the House version passed earlier, meaning no conference committee parley will be needed.
Democrats in favor (12) - Carper (DE), Johnson (SD), Landrieu (LA), Lautenberg (NJ), Lieberman (CT), Menendez (NJ), Nelson (FK), Nelson (NE), Pryor (AR), Rockefeller (WV), Salazar (CO), Stabenow (MI).
Republicans against (1) - Chafee (RI).
House Vote - 27 September
Along partisan lines, the House passed HR 6166 (253-168) earlier in the day. Seven Republicans (3%) voted "no" and 34 Democrats (16%) voted "yes." Roll Call Vote
Bill Summary
The bill defines "lawful" and "unlawful" "enemy combatant" and defines "torture" as "an act specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control for the purpose of obtaining information or a confession, punishment, intimidation, coercion, or any reason based on discrimination of any kind."
It establishes a legal system -- Military Commissions -- to try "alien unlawful enemy combatants."
It empowers the President or the Secretary of Defense to establish the type and degree of "punishment which a military commission under this chapter may direct for an offense."
The rules of evidence allow heresay, statements made under "alleged coercion," and should follow the rules of evidence for general courts-martial "so far as the Secretary considers practicable or consistent with military or intelligence activities."
Also, see Congress Moves Forward on Bush Detainee Bill, Detainee Bill And Enemy Combatants, Issue: Geneva Conventions