I
107TH CONGRESS
1ST SESSION
H. R. 3468
To authorize the President to convene military tribunals for the trial outside
the United States of persons other than United States citizens and
lawful resident aliens who are apprehended in connection with the Sep-
tember 11, 2001, terrorist attacks against the United States.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 12, 2001
Ms. HARMAN (for herself and Ms. LOFGREN) introduced the following bill;
which was referred to the Committee on Armed Services, and in addition
to the Committee on the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To authorize the President to convene military tribunals for
the trial outside the United States of persons other than
United States citizens and lawful resident aliens who
are apprehended in connection with the September 11,
2001, terrorist attacks against the United States.
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 ‘‘Foreign Terrorist Mili-
tary Tribunal Authorization Act of 2001’’.
SEC. 2. AUTHORITY FOR CONVENING MILITARY TRIBU-
NALS.
(a) AUTHORITY.—The President is authorized to con-
vene military tribunals for the trial of individuals subject
to this Act who are charged with offenses arising from
the September 11, 2001, terrorist attacks on the United
States.
(b) LOCATION OF TRIALS BY MILITARY TRIBUNAL.—
A trial by a military tribunal convened under the authority
of this Act may only be held at a location outside the
United States.
(c) SEMIANNUAL REPORT.—
(1) REPORT.—The President shall transmit to
Congress and to the Foreign Intelligence Surveil-
lance Court a semiannual report on the use of the
authority under subsection (a). Each such report
shall specify each trial by a military tribunal held
during the period covered by the report and, for
each such trial, the location of the trial, the proce-
dures used at the trial, the name of each individual
tried, the offenses with which each such individual is
charged, and the verdict on each such charge.
(2) CLASSIFICATION.—The report shall be sub-
mitted, to the extent possible, in unclassified form,
with a classified annex as necessary.
(3) INITIAL REPORT.—The first report under
this subsection shall be submitted not later than
September 1, 2002, and shall cover the first six
months of 2002.
(d) SUNSET.—No military tribunal may be convened
under this Act after December 31, 2005.
SEC. 3. INDIVIDUALS SUBJECT TO THIS ACT.
For purposes of this Act, the term ‘‘individual subject
to this Act’’ means an individual—
(1) who is not a United States citizen or an
alien lawfully admitted to the United States for per-
manent residence; and
(2) who is apprehended outside the United
States.
SEC. 4. OFFENSES SUBJECT TO TRIAL BY MILITARY TRI-
BUNAL.
For purposes of this Act, an offense shall be treated
as arising from the September 11, 2001, terrorist attacks
on the United States only if the offense relates to an act
described in section 2(a) of the Authorization for Use of
Military Force (Public Law 107–40), as follows:
(1) Planning, authorizing, committing, or aid-
ing those attacks.
(2) The harboring of any organization or indi-
vidual that planned, authorized, committed, or aided
those attacks.
SEC. 5. PRESERVATION OF RIGHT TO PETITION FOR HA-
BEAS CORPUS.
(a) LIMITATION ON EXECUTIVE LIMITATION.—Noth-
ing in any military order, executive order, regulation, or
other directive of the executive branch may limit the rights
or privileges of any individual under chapter 153 or 154
of title 28, United States Code, relating to habeas corpus.
(b) WRIT OF HABEAS CORPUS TO BE SUSPENDED
ONLY BY LAW.—The privilege of the writ of habeas cor-
pus may only be suspended in cases of rebellion or inva-
sion and only by law.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘military tribunal’’ includes any
military commission or other tribunal referred to in
section 821 and 836 of title 10, United States Code,
other than a court-martial.
(2) The term ‘‘Foreign Intelligence Surveillance
Court’’ means the court established by section
103(a) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1803(a)).
(3) The term ‘‘United States’’, when used in a
geographic sense, includes the commonwealths, terri-
tories, and possessions of the United States.
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