I 

108TH CONGRESS 

1ST SESSION H. R. 2428

To provide for congressional review of regulations relating to military 

tribunals. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2003

Mr. HOEFFEL (for himself, Mr. CAPUANO, Mr. FILNER, Ms. JACKSON-LEE

of Texas, Mr. FRANK of Massachusetts, Mr. MCDERMOTT, Mr. 

HASTINGS of Florida, Mr. GRIJALVA, Mr. UDALL of Colorado, Ms. 

MCCOLLUM, Mr. SERRANO, Ms. CORRINE BROWN of Florida, Ms. KAPTUR, Ms. WOOLSEY, Ms. SCHAKOWSKY, Mr. STARK, and Mr. KUCINICH) 

introduced the following bill; which was referred to the Committee on 

Armed Services, and in addition to the Committees on Rules and the Judiciary, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To provide for congressional review of regulations relating 

to military tribunals.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Tribunal Reg5 ulations Review Act’’.
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1 SEC. 2. CONGRESSIONAL REVIEW. 

2 (a) PROCEDURES REQUIRED.—(1) Before a military 

3 tribunal rule takes effect, the President shall submit to 

4 Congress a report containing—

5 (A) a copy of the military tribunal rule; 

6 (B) a concise general statement relating to the 

7 military tribunal rule; and 

8 (C) the proposed effective date of the military 

9 tribunal rule.

10 (2) A military tribunal rule with respect to which a 

11 report is submitted under paragraph (1) shall take effect 

12 on the latest of the following: 

13 (A) The last day of the 60-day period beginning 

14 on the submission date for that rule. 

15 (B) If the President, having been presented 

16 with a joint resolution of disapproval with respect to 

17 that rule, returns the joint resolution without his 

18 signature to the House in which it originated, to19 gether with his objections thereto, the date that is—

20 (i) the date on which either House, having 

21 proceeded to reconsider the joint resolution, 

22 votes on and fails to pass the joint resolution, 

23 the objections of the President to the contrary 

24 notwithstanding; or 

25 (ii) if earlier, the date that is 30 days after 

26 the date on which the joint resolution, with the 
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1 President’s objections thereto, was returned by 

2 the President to the House in which it origi3 nated.

4 (C) The date on which the military tribunal 

5 rule would have otherwise taken effect, if not for 

6 this section (unless a joint resolution of disapproval 

7 is enacted). 

8 (3) Notwithstanding paragraph (2), the effective date 

9 of a military tribunal rule shall not be delayed by oper10 ation of this Act beyond the date on which either House 

11 of Congress votes to reject a joint resolution of dis12 approval. 

13 (b) EFFECT OF DISAPPROVAL.—(1) A military tri14 bunal rule shall not take effect (or continue) if a joint res15 olution of disapproval with respect to that military tri16 bunal rule is enacted. 

17 (2) A military tribunal rule that does not take effect 

18 (or does not continue) under paragraph (1) may not be 

19 reissued in substantially the same form, and a new mili20 tary tribunal rule that is substantially the same as such 

21 a military tribunal rule may not be issued, unless the re22 issued or new military tribunal rule is specifically author23 ized by a law enacted after the date of the enactment of 

24 the joint resolution of disapproval with respect to the 

25 original military tribunal rule. 
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1 (c) DISAPPROVAL OF RULES ISSUED NEAR END OF

2 SESSION.—(1) In addition to the opportunity for review 

3 otherwise provided under this Act, in the case of any mili4 tary tribunal rule for which a report was submitted in ac5 cordance with subsection (a)(1) during the period begin6 ning on the date occurring—

7 (A) in the case of the Senate, 60 session days, 

8 or 

9 (B) in the case of the House of Representatives, 

10 60 legislative days, 

11 before the date the Congress adjourns a session of Con12 gress and ending on the date on which the same or suc13 ceeding Congress first convenes its next session, section 

14 3 shall apply to such military tribunal rule in the suc15 ceeding session of Congress. 

16 (2)(A) In applying section 3 for purposes of the op17 portunity for additional review provided under paragraph 

18 (1), a military tribunal rule described under such para19 graph shall be treated as though a report on such military 

20 tribunal rule were submitted to Congress under subsection 

21 (a)(1) on—

22 (i) in the case of the Senate, the 15th session 

23 day, or 

24 (ii) in the case of the House of Representatives, 

25 the 15th legislative day, 
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1 after the succeeding session of Congress convenes. 

2 (B) Nothing in this paragraph shall be construed to 

3 affect the requirement under subsection (a)(1) that a re4 port shall be submitted to Congress before a military tri5 bunal rule can take effect. 

6 (3) A military tribunal rule described under para7 graph (1) shall take effect as otherwise provided by law 

8 (including other subsections of this section). 

9 (d) DISAPPROVAL OF RULES ISSUED BEFORE DATE

10 OF ENACTMENT.—(1) For purposes of this subsection, 

11 section 3 shall also apply to any military tribunal rule 

12 issued during the period beginning after November 13, 

13 2001, and ending on the date of the enactment of this 

14 Act. 

15 (2) In applying section 3 for purposes of any military 

16 tribunal rule described in paragraph (1), such military tri17 bunal rule shall be treated as though a report on such 

18 military tribunal rule were submitted to Congress under 

19 subsection (a)(1) on the date of the enactment of this Act. 

20 (3) The effectiveness of a military tribunal rule de21 scribed under paragraph (1) shall be as otherwise provided 

22 by law, unless the military tribunal rule is made of no 

23 force or effect under section 3. 

24 (e) DISAPPROVAL OF RULES THAT HAVE TAKEN EF25 FECT.—Any military tribunal rule that takes effect and
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1 later is made of no force or effect by the enactment of 

2 a joint resolution of disapproval shall be treated as though 

3 such military tribunal rule had never taken effect, except 

4 that a trial of a person pursuant to such rule that is being 

5 carried out before the enactment of such joint resolution 

6 of disapproval shall continue to be carried out as though 

7 such military tribunal rule remains in effect. 

8 (f) RULE OF CONSTRUCTION.—If the Congress does 

9 not enact a joint resolution of disapproval with respect to 

10 a military tribunal rule, no court or agency may infer any 

11 intent of the Congress from any action or inaction of the 

12 Congress with regard to such military tribunal rule, re13 lated statute, or joint resolution of disapproval. 

14 (g) JOINT RESOLUTION OF DISAPPROVAL DE15 FINED.—For purposes of this section, the term ‘‘joint res16 olution of disapproval’’ means a joint resolution under sec17 tion 3. 

18 SEC. 3. CONGRESSIONAL DISAPPROVAL PROCEDURE. 

19 (a) JOINT RESOLUTION DEFINED.—For purposes of 

20 this section, the term ‘‘joint resolution’’ means only a joint 

21 resolution introduced during the period beginning on the 

22 date on which a report referred to in section 2(a)(1) is 

23 received by Congress and ending 60 days thereafter (ex24 cluding days either House of Congress is adjourned for 

25 more than 3 days during a session of Congress), the title 
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1 of which is ‘‘Joint Resolution disapproving the rule sub2 mitted by the President on ll, relating to military tri3 bunals’’, containing no whereas clauses, and the matter 

4 after the resolving clause of which is as follows: ‘‘That 

5 Congress disapproves the rule submitted by the President 

6 on ll, relating to military tribunals, and such rule shall 

7 have no force or effect.’’ (The blank spaces being appro8 priately filled in). 

9 (b) SUBMISSION DATE DEFINED.—For purposes of 

10 this section, the term ‘‘submission date’’ means, with re11 spect to a military tribunal rule, the date on which the 

12 Congress receives the report submitted under section 

13 2(a)(1) with respect to that military tribunal rule. 

14 (c) REFERRAL TO COMMITTEES.—A joint resolution 

15 described in subsection (a) shall be referred to the commit16 tees in each House of Congress with jurisdiction. 

17 (d) SPECIAL PROCEDURES IN THE SENATE.—(1) A 

18 joint resolution described in subsection (a) shall be consid19 ered in the Senate in accordance with the provisions of 

20 this subsection. 

21 (2) If the committee to which is referred a joint reso22 lution described in subsection (a) has not reported such 

23 joint resolution (or an identical joint resolution) at the end 

24 of 20 calendar days after the submission date, such com25 mittee shall be discharged from further consideration of 
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1 such joint resolution upon a petition supported in writing 

2 by 30 Members of the Senate, and such joint resolution 

3 shall be placed on the calendar.

4 (3) When the committee to which a joint resolution 

5 is referred has reported, or when a committee is dis6 charged (under paragraph (2)) from further consideration 

7 of a joint resolution described in subsection (a), it is at 

8 any time thereafter in order (even though a previous mo9 tion to the same effect has been disagreed to) for a motion 

10 to proceed to the consideration of the joint resolution, and 

11 all points of order against the joint resolution (and against 

12 consideration of the joint resolution) are waived. The mo13 tion is not subject to amendment, or to a motion to post14 pone, or to a motion to proceed to the consideration of 

15 other business. A motion to reconsider the vote by which 

16 the motion is agreed to or disagreed to shall not be in 

17 order. If a motion to proceed to the consideration of the 

18 joint resolution is agreed to, the joint resolution shall re19 main the unfinished business of the Senate until disposed 

20 of. 

21 (4) Debate on the joint resolution, and on all debat22 able motions and appeals in connection therewith, shall be 

23 limited to not more than 10 hours, which shall be divided 

24 equally between those favoring and those opposing the 

25 joint resolution. A motion further to limit debate is in 
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1 order and not debatable. An amendment to, or a motion 

2 to postpone, or a motion to proceed to the consideration 

3 of other business, or a motion to recommit the joint reso4 lution is not in order. 

5 (5) Immediately following the conclusion of the de6 bate on a joint resolution described in subsection (a), and 

7 a single quorum call at the conclusion of the debate if re8 quested in accordance with the rules of the Senate, the 

9 vote on final passage of the joint resolution shall occur. 

10 (6) Appeals from the decisions of the chair relating 

11 to the application of the rules of the Senate to the proce12 dure relating to a joint resolution described in subsection 

13 (a) shall be decided without debate. 

14 (7) The procedures specified in this subsection shall 

15 not apply to the consideration of a joint resolution of dis16 approval with respect to a military tribunal rule—

17 (A) after the expiration of the 60 session days 

18 beginning with the applicable submission or publica19 tion date, or 

20 (B) if the report under section 2(a)(1) was sub21 mitted during the period referred to in section 

22 2(d)(1), after the expiration of the 60 session days 

23 beginning on the 15th session day after the suc24 ceeding session of Congress first convenes.
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1 (e) PROCEEDINGS IN SECOND HOUSE.—If, before the 

2 passage by one House of a joint resolution of that House 

3 described in subsection (a), that House receives from the 

4 other House a joint resolution described in subsection (a), 

5 then the following procedures shall apply: 

6 (1) The joint resolution of the other House 

7 shall not be referred to a committee. 

8 (2) With respect to a joint resolution described 

9 in subsection (a) of the House receiving the joint 

10 resolution—

11 (A) the procedure in that House shall be 

12 the same as if no joint resolution had been re13 ceived from the other House; but 

14 (B) the vote on final passage shall be on 

15 the joint resolution of the other House. 

16 (f) EXERCISE OF RULEMAKING POWER.—This sec17 tion is enacted by Congress—

18 (1) as an exercise of the rulemaking power of 

19 the Senate and House of Representatives, respec20 tively, and as such it is deemed a part of the rules 

21 of each House, respectively, but applicable only with 

22 respect to the procedure to be followed in that 

23 House in the case of a joint resolution described in 

24 subsection (a), and it supersedes other rules only to 

25 the extent that it is inconsistent with such rules; and 
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1 (2) with full recognition of the constitutional 

2 right of either House to change the rules (so far as 

3 relating to the procedure of that House) at any time, 

4 in the same manner, and to the same extent as in 

5 the case of any other rule of that House. 

6 SEC. 4. DEFINITIONS. 

7 For purposes of this Act: 

8 (1) The term ‘‘military tribunal’’ means a mili9 tary commission or other military tribunal (other 

10 than a court-martial). 

11 (2) The term ‘‘military tribunal rule’’ means 

12 the whole or part of an agency statement of general 

13 or particular applicability and future effect designed 

14 to implement, interpret, or prescribe law or policy, 

15 or describing the organization, procedure, or practice 

16 requirements of a Department or agency, with re17 gard to carrying out military tribunals. 

18 SEC. 5. JUDICIAL REVIEW. 

19 No determination, finding, action, or omission under 

20 this Act shall be subject to judicial review. 

21 SEC. 6. REPORTING REQUIREMENTS FOR MILITARY TRIBU22 NALS. 

23 (a) IN GENERAL.—(1) Subchapter XI of chapter 47 

24 of title 10, United States Code (the Uniform Code of Mili-
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1 tary Justice) is amended by adding at the end the fol2 lowing new section: 

3 ‘‘§ 940a. Art. 140a. Reports to Congress on military 

4 tribunals 

5 ‘‘(a) For each military tribunal, the President shall 

6 submit to Congress periodic reports on the activities of 

7 that military tribunal. The first such report with respect 

8 to a military tribunal shall be submitted not later than 

9 six months after the date on which the military tribunal 

10 is convened and shall include an identification of the ac11 cused and the offense charged. Each succeeding report 

12 with respect to a military tribunal shall be submitted not 

13 later than six months after the date on which the pre14 ceding report was submitted. 

15 ‘‘(b) A report under this section shall be submitted 

16 in unclassified form, but may included a classified annex. 

17 ‘‘(c) In this section, the term ‘military tribunal’ 

18 means a military commission or other military tribunal 

19 (other than a court-martial).’’. 

20 (2) The table of sections at the beginning of such sub21 chapter is amended by adding at the end the following 

22 new item:

‘‘940a. 140a. Reports to Congress on military tribunals.’’.

23 (b) EFFECTIVE DATE.—Section 940a of title 10 

24 United States Code, as added by subsection (a), shall 

25 apply with respect to any military tribunal covered after, 
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1 or pending on, that date of the enactment of this Act. In 

2 the case of a military tribunal pending on the date of the 

3 enactment of this Act, the first report required by such 

4 section shall be submitted not later than six months after 

5 the date of the enactment of this Act.

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