[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.


_______________________________________________________________________


                    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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