[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3468 Introduced in House (IH)]







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 
    September 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 
   determined 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Terrorist Military Tribunal 
Authorization Act of 2001''.

SEC. 2. AUTHORITY FOR CONVENING MILITARY TRIBUNALS.

    (a) Authority.--The President is authorized to convene 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 Surveillance 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 procedures 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 submitted, 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 permanent residence; and
            (2) who is apprehended outside the United States.

SEC. 4. OFFENSES SUBJECT TO TRIAL BY MILITARY TRIBUNAL.

    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 aiding those 
        attacks.
            (2) The harboring of any organization or individual that 
        planned, authorized, committed, or aided those attacks.

SEC. 5. PRESERVATION OF RIGHT TO PETITION FOR HABEAS CORPUS.

    (a) Limitation on Executive Limitation.--Nothing 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 corpus may only be suspended in cases 
of rebellion or invasion 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, territories, and possessions 
        of the United States.
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