I
107TH CONGRESS
2D SESSION
H. R. 4046
To provide for congressional review of regulations relating to military
tribunals.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 2002
Mr. HOEFFEL (for himself, Ms. KAPTUR, Mrs. MINK of Hawaii, Mr.
SERRANO, Ms. BROWN of Florida, Ms. MCCOLLUM, Mr. UNDERWOOD,
Mr. MCDERMOTT, and Mr. STARK) 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 provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To provide for congressional review of regulations relating
to military tribunals.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Military Tribunal Reg-
ulations Review Act’’.
later is made of no force or effect by the enactment of
a joint resolution of disapproval shall be treated as though
such military tribunal rule had never taken effect, except
that a trial of a person pursuant to such rule that is being
carried out before the enactment of such joint resolution
of disapproval shall continue to be carried out as though
such military tribunal rule remains in effect.
(f) RULE OF CONSTRUCTION.—If the Congress does
not enact a joint resolution of disapproval with respect to
a military tribunal rule, no court or agency may infer any
intent of the Congress from any action or inaction of the
Congress with regard to such military tribunal rule, re-
lated statute, or joint resolution of disapproval.
(g) JOINT
RESOLUTION
OF
DISAPPROVAL
DE-
FINED.—For purposes of this section, the term ‘‘joint res-
olution of disapproval’’ means a joint resolution under sec-
tion 3.
SEC. 3. CONGRESSIONAL DISAPPROVAL PROCEDURE.
(a) JOINT RESOLUTION DEFINED.—For purposes of
this section, the term ‘‘joint resolution’’ means only a joint
resolution introduced during the period beginning on the
date on which a report referred to in section 2(a)(1) is
received by Congress and ending 60 days thereafter (ex-
cluding days either House of Congress is adjourned for
more than 3 days during a session of Congress), the title
of which is ‘‘Joint Resolution disapproving the rule sub-
mitted by the President on ll, relating to military tri-
bunals’’, containing no whereas clauses, and the matter
after the resolving clause of which is as follows: ‘‘That
Congress disapproves the rule submitted by the President
on ll, relating to military tribunals, and such rule shall
have no force or effect.’’ (The blank spaces being appro-
priately filled in).
(b) SUBMISSION DATE DEFINED.—For purposes of
this section, the term ‘‘submission date’’ means, with re-
spect to a military tribunal rule, the date on which the
Congress receives the report submitted under section
2(a)(1) with respect to that military tribunal rule.
(c) REFERRAL TO COMMITTEES.—A joint resolution
described in subsection (a) shall be referred to the commit-
tees in each House of Congress with jurisdiction.
(d) SPECIAL PROCEDURES IN THE SENATE.—(1) A
joint resolution described in subsection (a) shall be consid-
ered in the Senate in accordance with the provisions of
this subsection.
(2) If the committee to which is referred a joint reso-
lution described in subsection (a) has not reported such
joint resolution (or an identical joint resolution) at the end
of 20 calendar days after the submission date, such com-
mittee shall be discharged from further consideration of
such joint resolution upon a petition supported in writing
by 30 Members of the Senate, and such joint resolution
shall be placed on the calendar.
(3) When the committee to which a joint resolution
is referred has reported, or when a committee is dis-
charged (under paragraph (2)) from further consideration
of a joint resolution described in subsection (a), it is at
any time thereafter in order (even though a previous mo-
tion to the same effect has been disagreed to) for a motion
to proceed to the consideration of the joint resolution, and
all points of order against the joint resolution (and against
consideration of the joint resolution) are waived. The mo-
tion is not subject to amendment, or to a motion to post-
pone, or to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which
the motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of the
joint resolution is agreed to, the joint resolution shall re-
main the unfinished business of the Senate until disposed
of.
(4) Debate on the joint resolution, and on all debat-
able motions and appeals in connection therewith, shall be
limited to not more than 10 hours, which shall be divided
equally between those favoring and those opposing the
joint resolution. A motion further to limit debate is in
order and not debatable. An amendment to, or a motion
to postpone, or a motion to proceed to the consideration
of other business, or a motion to recommit the joint reso-
lution is not in order.
(5) Immediately following the conclusion of the de-
bate on a joint resolution described in subsection (a), and
a single quorum call at the conclusion of the debate if re-
quested in accordance with the rules of the Senate, the
vote on final passage of the joint resolution shall occur.
(6) Appeals from the decisions of the chair relating
to the application of the rules of the Senate to the proce-
dure relating to a joint resolution described in subsection
(a) shall be decided without debate.
(7) The procedures specified in this subsection shall
not apply to the consideration of a joint resolution of dis-
approval with respect to a military tribunal rule—
(A) after the expiration of the 60 session days
beginning with the applicable submission or publica-
tion date, or
(B) if the report under section 2(a)(1) was sub-
mitted during the period referred to in section
2(d)(1), after the expiration of the 60 session days
beginning on the 15th session day after the suc-
ceeding session of Congress first convenes.
(e) PROCEEDINGS IN SECOND HOUSE.—If, before the
passage by one House of a joint resolution of that House
described in subsection (a), that House receives from the
other House a joint resolution described in subsection (a),
then the following procedures shall apply:
(1) The joint resolution of the other House
shall not be referred to a committee.
(2) With respect to a joint resolution described
in subsection (a) of the House receiving the joint
resolution—
(A) the procedure in that House shall be
the same as if no joint resolution had been re-
ceived from the other House; but
(B) the vote on final passage shall be on
the joint resolution of the other House.
(f) EXERCISE OF RULEMAKING POWER.—This sec-
tion is enacted by Congress—
(1) as an exercise of the rulemaking power of
the Senate and House of Representatives, respec-
tively, and as such it is deemed a part of the rules
of each House, respectively, but applicable only with
respect to the procedure to be followed in that
House in the case of a joint resolution described in
subsection (a), and it supersedes other rules only to
the extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in
the case of any other rule of that House.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘military tribunal’’ means a mili-
tary commission or other military tribunal (other
than a court-martial).
(2) The term ‘‘military tribunal rule’’ means
the whole or part of an agency statement of general
or particular applicability and future effect designed
to implement, interpret, or prescribe law or policy,
or describing the organization, procedure, or practice
requirements of a Department or agency, with re-
gard to carrying out military tribunals.
SEC. 5. JUDICIAL REVIEW.
No determination, finding, action, or omission under
this Act shall be subject to judicial review.
SEC. 6. REPORTING REQUIREMENTS FOR MILITARY TRIBU-
NALS.
(a) IN GENERAL.—(1) Subchapter XI of chapter 47
of title 10, United States Code (the Uniform Code of Mili-
tary Justice) is amended by adding at the end the fol-
lowing new section:
‘‘§ 940a. Art. 140a. Reports to Congress on military
tribunals
‘‘(a) For each military tribunal, the President shall
submit to Congress periodic reports on the activities of
that military tribunal. The first such report with respect
to a military tribunal shall be submitted not later than
six months after the date on which the military tribunal
is convened and shall include an identification of the ac-
cused and the offense charged. Each succeeding report
with respect to a military tribunal shall be submitted not
later than six months after the date on which the pre-
ceding report was submitted.
‘‘(b) A report under this section shall be submitted
in unclassified form, but may include a classified annex.
‘‘(c) In this section, the term ‘military tribunal’
means a military commission or other military tribunal
(other than a court-martial).’’.
(2) The table of sections at the beginning of such sub-
chapter is amended by adding at the end the following
new item:
‘‘940a. 140a. Reports to Congress on military tribunals.’’.
(b) EFFECTIVE DATE.—Section 940a of title 10
United States Code, as added by subsection (a), shall
apply with respect to any military tribunal covered after,
or pending on, that date of the enactment of this Act. In
the case of a military tribunal pending on the date of the
enactment of this Act, the first report required by such
section shall be submitted not later than six months after
the date of the enactment of this Act.
Æ