5:03 PM EDT

David R. Obey, D-WI 7th

Mr. OBEY. Mr. Speaker, I make a point of order against the motion to recommit with instructions. The gentleman's motion to instruct includes a limitation not specifically contained or authorized in existing law and not considered in the Committee of the Whole pursuant to clause 2(d) of rule XXI. I ask for a ruling of the Chair.

5:03 PM EDT

Mike Rogers, R-MI 8th

Mr. ROGERS of Michigan. Mr. Speaker, the motion to recommit contains language that I placed into the June 15, 2009, Congressional Record to prohibit any funds in this bill from being used by the Department of Justice to provide Miranda Rights to detainees in the custody of the United States military in Afghanistan.

House Resolution 544, the original rule for consideration of this bill, limited amendments to those received for printing in the portion of the Congressional Record of June 15, 2009, or earlier, designated for that purpose in clause 8 of rule XVIII. Therefore, under the terms of House Resolution 544, the original rule adopted for consideration of this bill, my amendment was in order to be considered during the amendment process in the Committee of the Whole.

Mr. Speaker, it is my understanding that clause 2 of rule XXI of the rules of the House prohibits a limitation from being offered on an appropriations bill if it contains legislation. Since my amendment did not constitute legislating on an appropriations bill, my amendment would have been in order as a valid amendment during consideration of the Committee of the Whole.

However, the highly restrictive second rule that we operated under for consideration of amendments in the Committee of the Whole prohibited me from offering my amendment, an amendment that would have been in order under the rules of the House, despite the fact that I testified at the Rules Committee asking that I be allowed to offer it. Had my amendment been allowed to be offered during this consideration of amendments to this bill, this motion to recommit would not be subject to any parliamentary

challenge.

Therefore, I ask the Chair to find this motion to recommit in order so that Members can consider this very important amendment to prohibit the extension of Miranda Rights to expected terrorists, non-U.S. citizens, captured on the battlefield in Afghanistan.