I
107TH CONGRESS
1ST SESSION
H. R. 3564
To authorize the limited use of military tribunals absent a war declared
by Congress in cases arising out of acts of international terrorism com-
mitted in the United States.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 20, 2001
Mr. BARR of Georgia introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Armed
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To authorize the limited use of military tribunals absent
a war declared by Congress in cases arising out of acts
of international terrorism committed in 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 ‘‘Terrorism Tribunal
Act of 2001’’.
SEC. 2. CONGRESSIONAL FINDINGS.
(a) FINDINGS.—The Congress finds the following:
(1) The Authorization for Use of Military Force
(Public Law 107–40) provides limited presidential
authority related only to the use of force against
those nations, organizations, or persons the Presi-
dent determines planned, authorized, committed, or
aided the terrorist attacks against the United States
that occurred on September 11, 2001.
(2) The Congress has not enacted a declaration
of war to address all aspects of responding to the at-
tacks of September 11, 2001.
(3) The Presidential Military Order of Novem-
ber 13, 2001 provides for the detention, treatment,
and trial of certain non-citizens in the war against
terrorism while the United States is in a state of
armed conflict, not under formal declaration of war.
(4) Article 1, section 8 of the Constitution pro-
vides that the Congress shall have the power to con-
stitute tribunals inferior to the Supreme Court.
(b) PURPOSE.—It is the purpose of this Act—
(1) to support the President and the United
States Armed Forces in their actions to deter and
prevent acts of international terrorism;
(2) to provide the appropriate mechanisms for
the United States to prosecute individuals suspected
of committing or supporting acts of international
terrorism; and
(3) to establish the proper statutory authority
for the President to convene military tribunals ab-
sent a declaration of war.
SEC. 3. AUTHORITY TO USE MILITARY TRIBUNALS IN CASES
ARISING 
OUT 
OF 
INTERNATIONAL 
TER-
RORISM ABSENT A WAR DECLARED BY CON-
GRESS.
(a) IN GENERAL.—Absent a declaration of war by
Congress or a specific authorization by a law enacted after
the date of the enactment of this Act, a military tribunal
for the trial of a case arising out of international terrorism
within the United States, its territories, or possessions
may be convened only in accordance with this section.
(b) CERTIFICATION OF NATIONAL SECURITY NECES-
SITY.—A military tribunal may be convened under sub-
section (a) only after the President submits to Congress
the President’s certification that, were the case to be tried
in a United States district court, the procedures available
(including the procedures under the Classified Information
Procedures Act (18 U.S.C. App.)) would be inadequate to
protect intelligence sources and methods.
(c) PRESERVATION OF HABEAS CORPUS.—With re-
spect to an individual subject to a military tribunal speci-
fied in subsection (a), nothing in any executive or military
order, rule, or regulation may adversely affect any privi-
lege of the writ of habeas corpus under any provision of
title 28, United States Code, or under any other provision
of law as long as the use of the protections under those
provisions do not compromise classified information or in-
telligence sources and methods.
SEC. 4. PROCEDURES TO BE PRESCRIBED IN UNCLASSI-
FIED EXECUTIVE ORDER.
The President shall prescribe the regulations, rules,
and procedures for conduct of a trial by military tribunal.
Those regulations, rules and procedures shall be pre-
scribed through an unclassified Executive order shall be
consistent, to the maximum extent practicable, with those
applicable to trials under the Uniform Code of Military
Justice. A certification under section 3(b) may not be
transmitted to Congress before that Executive order is
issued.
SEC. 5. CONSULTATION WITH ATTORNEY GENERAL AND JU-
DICIAL CONFERENCE.
(a) IN GENERAL.—The regulations, rules, and proce-
dures prescribed by the President under Section 4 shall
be—
(1) developed in consultation with the Attorney
General and the Judicial Conference of the United