[House Report 109-688]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-688

======================================================================



 
 PROVIDING FOR CONSIDERATION OF H.R. 6166, MILITARY COMMISSIONS ACT OF 
                                  2006

                                _______
                                

  September 26, 2006.--Referrd to the House and ordered to be printed

                                _______
                                

   Mr. Cole of Oklahoma, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                      [To accompany H. Res. 1042]

    The Committee on Rules, having had under consideration 
House Resolution 1042, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of H.R. 6166, 
the Military Commissions Act of 2006, under a closed rule. The 
rule provides two hours of debate in the House, with 80 minutes 
equally divided and controlled by the chairman and ranking 
minority member of the Committee on Armed Services, and 40 
minutes equally divided and controlled by the chairman and 
ranking minority member of the Committee on the Judiciary. The 
rule waives all points of order against consideration of the 
bill. The rule provides that the amendment printed in this 
report shall be considered as adopted. Finally, the rule 
provides one motion to recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    The Committee is not aware of any points of order against 
consideration of the bill. The waiver of all points of order 
against consideration of the bill is prophylactic in nature.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 245

    Date: September 26, 2006.
    Measure: H.R. 6166, Military Commissions Act of 2006.
    Motion by: Mr. McGovern.
    Summary of motion: To report an open rule.
    Results: Defeated 4 to 8.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Capito--Nay; Cole--Nay; Bishop--Nay; Gingrey--
Nay; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 246

    Date: September 26, 2006.
    Measure: H.R. 6166, Military Commissions Act of 2006.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. DeFazio, 
which sunsets the authorization for military commissions under 
the Act on December 31, 2011. Would allow cases in which 
charges have been filed before that date to proceed to their 
conclusion.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 247

    Date: September 26, 2006.
    Measure: H.R. 6166, Military Commissions Act of 2006.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Skelton, 
which provides for expedited review of a civil action that 
challenges any provision of proposed Military Commissions Act 
or amendment to this Act on the grounds that the provision or 
amendment violates the Constitution or laws of the United 
States. Pursuant to Section 2284 of Title 28 of the U.S. Code, 
a 3-judge panel in the DC District Court would hear the action 
and the U.S. Supreme Court would review a judgment or order of 
the panel.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 248

    Date: September 26, 2006.
    Measure: H.R. 6166, Military Commissions Act of 2006.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Markey, 
which generally prohibits the transfer of persons under the 
custody of the United States to any country known to practice 
torture or other forms of cruel or degrading treatment. Bars 
such persons from being transferred on the basis of written or 
verbal assurances from such countries to the United States that 
the person or persons being transferred will not be subjected 
to torture or other forms of cruel or degrading treatment.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 249

    Date: September 26, 2006.
    Measure: H.R. 6166, Military Commissions Act of 2006.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mrs. Harman, 
which requires adherence to the U.S. Army Field Manual (AFM) in 
treatment and interrogation of detainees. Allows the President 
to use alternative procedures and techniques that depart from 
the AFM only after (1) making a determination such procedures 
and techniques are necessary and lawful, and (2) submitting a 
detailed written notification to the House and Senate 
Intelligence Committees. Also requires the President to submit 
the notification to Congress prior to using the alternative 
techniques, but allows the President, in an emergency, to 
submit notification up to 24 hours after initial use. Requires 
semi-annual report on the techniques used, and the value of 
intelligence derived therefrom.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 250

    Date: September 26, 2006.
    Measure: H.R. 6166, Military Commissions Act of 2006.
    Motion by: Mrs. Matsui.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Meehan, 
which strikes section 3, subsection 950j, paragraph b, and also 
section 7. Both provisions regulate the right of the judicial 
branch to review habeas petitions for detainees and people with 
yet to be determined status.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

               SUMMARY OF AMENDMENT CONSIDERED AS ADOPTED

    Hunter (CA)--No. 17: More accurately reflects the standard 
contained in the Detainee Treatment Act of 2005 (DTA) by 
specifically referencing section 1003 (which defines cruel, 
inhuman, or degrading treatment). Incorporates the subsection 
(d) of section 1003 of the DTA which references the Fifth, 
Eighth, and Fourteenth amendments to the Constitution. Makes it 
clear that the defendant is permitted to examine and respond to 
evidence admitted against him. Inserts the term ``detailed 
military counsel'' and strikes the term ``military counsel 
detailed,'' which more accurately reflects the common usage of 
the term. Corrects a typographical error in the cite to Article 
36. Makes it clear in the actual War Crimes Act that the 
definitions contained in that act are only defining ``grave 
breaches'' under Common article 3 and not the full scope of the 
United States obligations under that article, i.e. non-grave 
breaches.

                TEXT OF AMENDMENT CONSIDERED AS ADOPTED

  Page 18, line 21, strike ``violate'' and all that follows 
through the end of line 24 and insert ``amount to cruel, 
inhuman, or degrading treatment prohibited by section 1003 of 
the Detainee Treatment Act of 2005.''.
  Page 20, line 13, insert ``examine and'' after ``and to''.
  Page 27, line 19, strike ``military counsel detailed'' and 
insert ``detailed military counsel''.
  Page 81, line 3, strike ``36(b)'' and insert ``36''.
  Page 91, line 22, strike the closing quotation marks and 
second period.
  Page 91, after line 22 insert the following new paragraph:
          ``(5) Definition of grave breaches.--The definitions 
        in this subsection are intended only to define the 
        grave breaches of common Article 3 and not the full 
        scope of United States obligations under that 
        Article.''.

                                  
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