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. KAP-
TUR, 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 Ju-
diciary, 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 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’’.
SEC. 2. CONGRESSIONAL REVIEW. 
(a) PROCEDURES REQUIRED.—(1) Before a military 
tribunal rule takes effect, the President shall submit to 
Congress a report containing—
(A) a copy of the military tribunal rule; 
(B) a concise general statement relating to the 
military tribunal rule; and 
(C) the proposed effective date of the military 
tribunal rule.
(2) A military tribunal rule with respect to which a 
report is submitted under paragraph (1) shall take effect 
on the latest of the following: 
(A) The last day of the 60-day period beginning 
on the submission date for that rule. 
(B) If the President, having been presented 
with a joint resolution of disapproval with respect to 
that rule, returns the joint resolution without his 
signature to the House in which it originated, to-
gether with his objections thereto, the date that is—
(i) the date on which either House, having 
proceeded to reconsider the joint resolution, 
votes on and fails to pass the joint resolution, 
the objections of the President to the contrary 
notwithstanding; or 
(ii) if earlier, the date that is 30 days after 
the date on which the joint resolution, with the
President’s objections thereto, was returned by 
the President to the House in which it origi-
nated.
(C) The date on which the military tribunal 
rule would have otherwise taken effect, if not for 
this section (unless a joint resolution of disapproval 
is enacted). 
(3) Notwithstanding paragraph (2), the effective date 
of a military tribunal rule shall not be delayed by oper-
ation of this Act beyond the date on which either House 
of Congress votes to reject a joint resolution of dis-
approval. 
(b) EFFECT OF DISAPPROVAL.—(1) A military tri-
bunal rule shall not take effect (or continue) if a joint res-
olution of disapproval with respect to that military tri-
bunal rule is enacted. 
(2) A military tribunal rule that does not take effect 
(or does not continue) under paragraph (1) may not be 
reissued in substantially the same form, and a new mili-
tary tribunal rule that is substantially the same as such 
a military tribunal rule may not be issued, unless the re-
issued or new military tribunal rule is specifically author-
ized by a law enacted after the date of the enactment of 
the joint resolution of disapproval with respect to the 
original military tribunal rule.
(c) DISAPPROVAL OF RULES ISSUED NEAR END OF 
SESSION.—(1) In addition to the opportunity for review 
otherwise provided under this Act, in the case of any mili-
tary tribunal rule for which a report was submitted in ac-
cordance with subsection (a)(1) during the period begin-
ning on the date occurring—
(A) in the case of the Senate, 60 session days, 
or 
(B) in the case of the House of Representatives, 
60 legislative days, 
before the date the Congress adjourns a session of Con-
gress and ending on the date on which the same or suc-
ceeding Congress first convenes its next session, section 
3 shall apply to such military tribunal rule in the suc-
ceeding session of Congress. 
(2)(A) In applying section 3 for purposes of the op-
portunity for additional review provided under paragraph 
(1), a military tribunal rule described under such para-
graph shall be treated as though a report on such military 
tribunal rule were submitted to Congress under subsection 
(a)(1) on—
(i) in the case of the Senate, the 15th session 
day, or 
(ii) in the case of the House of Representatives, 
the 15th legislative day,
after the succeeding session of Congress convenes. 
(B) Nothing in this paragraph shall be construed to 
affect the requirement under subsection (a)(1) that a re-
port shall be submitted to Congress before a military tri-
bunal rule can take effect. 
(3) A military tribunal rule described under para-
graph (1) shall take effect as otherwise provided by law 
(including other subsections of this section). 
(d) DISAPPROVAL OF RULES ISSUED BEFORE DATE 
OF ENACTMENT.—(1) For purposes of this subsection, 
section 3 shall also apply to any military tribunal rule 
issued during the period beginning after November 13, 
2001, and ending on the date of the enactment of this 
Act. 
(2) In applying section 3 for purposes of any military 
tribunal rule described in paragraph (1), such military tri-
bunal rule shall be treated as though a report on such 
military tribunal rule were submitted to Congress under 
subsection (a)(1) on the date of the enactment of this Act. 
(3) The effectiveness of a military tribunal rule de-
scribed under paragraph (1) shall be as otherwise provided 
by law, unless the military tribunal rule is made of no 
force or effect under section 3. 
(e) DISAPPROVAL OF RULES THAT HAVE TAKEN EF-
FECT.—Any military tribunal rule that takes effect and
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
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 included 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