[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3564 Introduced in House (IH)]
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 committed in the United States.
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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 jurisdiction 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 Representatives 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 President 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 attacks of September
11, 2001.
(3) The Presidential Military Order of November 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 provides that
the Congress shall have the power to constitute 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 absent a declaration of
war.
SEC. 3. AUTHORITY TO USE MILITARY TRIBUNALS IN CASES ARISING OUT OF
INTERNATIONAL TERRORISM ABSENT A WAR DECLARED BY
CONGRESS.
(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 Necessity.--A military
tribunal may be convened under subsection (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 respect to an individual
subject to a military tribunal specified in subsection (a), nothing in
any executive or military order, rule, or regulation may adversely
affect any privilege 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 intelligence sources and methods.
SEC. 4. PROCEDURES TO BE PRESCRIBED IN UNCLASSIFIED 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 prescribed 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 JUDICIAL CONFERENCE.
(a) In General.--The regulations, rules, and procedures prescribed
by the President under Section 4 shall be--
(1) developed in consultation with the Attorney General and
the Judicial Conference of the United States, which shall
provide recommendations on modifications to the Federal Rules
of Civil Procedure applied in Federal district court litigation
that are needed to properly protect classified information and
intelligence sources and methods for trials authorized by this
Act; and
(2) issued in conjunction with the requirements of
subchapter II of chapter 5 of title 5, United States Code
(commonly referred to as the Administrative Procedures Act).
(b) Analysis Required.--Such regulations, rules, and procedures
shall be accompanied by an analysis by the Attorney General and
Judicial Conference of the United States that examines the
constitutional aspects of such regulations, rules, and procedures and
their effect on the administration of justice by the Federal courts.
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