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House Floor Debate (September 27, 2006) Military Commissions Act of 2006 H7522 (September 27, 2006)

handle is hein.leghis/mca0007 and id is 1 raw text is: CONGRESSIONAL RECORD- HOUSE H7522 Brown, Corrine Butterfield Capps Capuano Cardin Cardoza Carnahan Carson Case Chandler Clay Clyburn Conyers Cooper Costa Costello Cramer Crowley Cuellar Cummings Davis (AL) Davis (CA) Davis (IL) Davis (TN) DeFazio DeGette Delahunt DeLauro Dicks Dingell Doggett Doyle Edwards Emanuel Engel Eshoo Etheridge Evans Farr Filner Ford Frank (MA) Gilchrest Gonzalez Gordon Green, Al Green, Dene Grijalva Gutierrez Harman Hastings (FL) Herseth Higgins Hinchey Hinojosa Holden Holt Honda Hooley Castle Cleaver Culberson Davis (FL) Fattah Jackson-Lee (TX) Hoyer Inslee Israel Jackson (IL) Jefferson Johnson, E. B. Jones (NC) Jones (OH) Kanjorski Kaptur Kennedy (RI) Kildee Kilpatrick (MI) Kind Kucinith Langevin Lantos Larsen (WA) Larson (CT) Leach Lee Levin Lipinski Lofgren, Zoe Lowey Lynch Maloney Markey Matheson Matsui McCarthy McCollum (MN) McDermott McGovern McIntyre McKinney McNuity Meek (FL) Meeks (NY) Michaud Miller (NC) Miller, George Mollohan Moore (KS) Moore (WI) Moran (VA) Murtha Nadler Napolitano Neal (MA) Oberstar Obey Olver Ortiz Owens Pallone Pastrell Pastor Paul NOT VOTING Johnson (CT) Lewis (GA) Marshall Meehan Millender- McDonald Ney ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore (during the vote). Members are advised 2 min- utes remain in this vote. 0 1322 So the resolution was agreed to. The result of the vote was announced as above recorded. A motion to reconsider was laid on the table. PRIVILEGED REPORT ON RESOLU- TION OF INQUIRY TO SEC- RETARY OF STATE Mr. BARRETT of South Carolina, from the Committee on International Relations, submitted a privileged re- port (Rept. No. 109-689) on the resolu- tion (H. Res. 985) directing the Sec- retary of State to provide to the House of Representatives certain documents in the possession of the Secretary of Payne Pelosi Peterson (MN) Pomeroy Price (NC) Rahall Reyes Ross Rothman Roybal-Allard Ruppersberger Rush Ryan (OH) Sabo Salazar Sanchez, Linda T. Sanchez, Loretta Sanders Schakowsky Schiff Schwartz (PA) Scott (GA) Scott (VA) Serrano Sherman Skelton Slaughter Smith (OA) Snyder Solis Spratt Stark Stupak Tanner Tauscher Taylor (MS) Thompson (CA) Thompson (MS) Tierney Towns Udall (CO) Udall (NM) Van Hollen Velazquez Visclosky Wasserman Schultz Waters Watson Watt Waxman Weiner Wexler Woolsey Wu Wynn 16 Oxley Rangel Strickland Weldon (PA) September 27, 2006 State relating to the report submitted to the Committee on International Re- lations of the House of Representatives on July 28, 2006, pursuant to the Iran and Syria Nonproliferation Act, which was referred to the House Calendar and ordered to be printed. PERSONAL EXPLANATION Ms. WOOLSEY. Mr. Speaker, on Sep- tember 21, I inadvertently voted aye on rollcall 470, the Appalachian Re- gional Development Act Amendments of 2006. Please let the RECORD reflect that I enter a no vote on this roll- call. MILITARY COMMISSIONS ACT OF 2006 Mr. HUNTER. Mr. Speaker, pursuant to House Resolution 1042, I call up the bill (H.R. 6166) to amend title 10, United States Code, to authorize trial by military commission for violations of the law of war, and for other pur- poses, and ask for its immediate con- sideration. The Clerk read the title of the bill. The SPEAKER pro tempore. Pursu- ant to House Resolution 1042, the amendment printed in House Report 109-688 is adopted and the bill, as amended, is considered read. The text of the bill, as amended, is as follows: H.R. 6166 Be it enacted by the Senate and House of Rep- resentatives o the United States of Amerca in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE. This Act may be cited as the Military Commissions Act of 2006. (b) TABLE OF CONTENTS.-The table of con- tents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Construction of Presidential author- ity to establish military com- missions. Sec. 3. Military commissions. Sec. 4. Amendments to Uniform Code of Military Justice. Sec. 5. Treaty obligations not establishing grounds for certain claims. Sec. 6. Implementation of treaty obliga- tions. Sec. 7. Habeas corpus matters. Sec. 8. Revisions to Detainee Treatment Act of 2005 relating to protection of certain United States Govern- ment personnel. Sec. 9. Review of judgments of military commissions. Sec. 10. Detention covered by review of deci- sions of Combatant Status Re- view Tribunals of propriety of detention. SEC. 2. CONSTRUCTION OF PRESIDENTIAL AU- THORITY TO ESTABLISH MILITARY COMMISSIONS. The authority to establish military com- missions 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 Con- stitution of the United States and laws of the United States to establish military com- missions for areas declared to be under mar- tial law or in occupied territories should cir- cumstances so require. SEC. 3. MILITARY COMMISSIONS. (a) MILITARY COMMISSIONS.- (1) IN GENERAL.-Subtitle A of title 10, United States Code, is amended by inserting after chapter 47 the following new chapter: CHAPTER 47A-MILITARY COMMISSIONS Subchapter I. General Provisions ....................... 948a II. Composition of Military Com- m issions ....................................... 948h -III. Pre-Trial Procedure ................... 948q IV. Trial Procedure .......................... 949a Sentences .................................... 949s VI Post-Trial Procedure and Re- view of Military Commissions ..... 950a VII. Punitive Matters ...................... 950p SUBCHAPTER I-GENERAL PROVISIONS Sec. 948a. Definitions. 948b. Military commissions generally. 948c. Persons subject to military commis- sions. 948d. Jurisdiction of military commissions. 948e. Annual report to congressional com- mittees. § 948a. Definitions In this chapter: (1) UNLAWFUL ENEMY COMBATANT. (A) The term 'unlawful enemy combatant' means (I) a person who has engaged in hostilities or who has purposefully and materially sup- ported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda, or associated forces); or -(ii) a person who, before, on, or after the date of the enactment of the Military Com- missions Act of 2006, has been determined to be an unlawful enemy combatant by a Com- batant Status Review Tribunal or another competent tribunal established under the au- thority of the President or the Secretary of Defense. (B) CO-BELLIGERENT.-In this paragraph, the term 'co-belligerent', with respect to the United States, means any State or armed force joining and directly engaged with the United States in hostilities or directly sup- porting hostilities against a common enemy. (2) LAWFUL ENEMY COMBATANT. The term 'lawful enemy combatant' means a person who is (A) a member of the regular forces of a State party engaged in hostilities against the United States; (B) a member of a militia, volunteer corps, or organized resistance movement be- longing to a State party engaged in such hostilities, which are under responsible com- mand, wear a fixed distinctive sign recogniz- able at a distance, carry their arms openly, and abide by the law of war; or -(C) a member of a regular armed force who professes allegiance to a government en- gaged in such hostilities, but not recognized by the United States. (3) ALIEN. The term 'alien' means a per- son who is not a citizen of the United States. (4) CLASSIFIED INFORMATION.-The term 'classified information' means the following: (A) Any information or material that has been determined by the United States Gov- ernment pursuant to statute, Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security. (B) Any restricted data, as that term is defined in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)). (5) GENEVA CONVENTIONS. The term 'Ge- neva Conventions' means the international conventions signed at Geneva on August 12, 1949. § 948b. Military commissions generally (a) PURPOSE. This chapter establishes procedures governing the use of military

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