[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4046 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4046

To provide for congressional review of regulations relating to military 
                               tribunals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 2002

Mr. Hoeffel (for himself, Ms. Kaptur, Mrs. Mink of Hawaii, Mr. Serrano, 
 Ms. Brown of Florida, Ms. McCollum, Mr. Underwood, Mr. McDermott, and 
  Mr. Stark) introduced the following bill; which was referred to the 
   Committee on Armed Services, and in addition to the Committees on 
Rules, and 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 provide for congressional review of regulations relating to military 
                               tribunals.

    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 ``Military Tribunal Regulations 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, together 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 originated.
            (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 operation of this Act beyond the 
date on which either House of Congress votes to reject a joint 
resolution of disapproval.
    (b) Effect of Disapproval.--(1) A military tribunal rule shall not 
take effect (or continue) if a joint resolution of disapproval with 
respect to that military tribunal 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 military tribunal rule that is substantially the 
same as such a military tribunal rule may not be issued, unless the 
reissued or new military tribunal rule is specifically authorized 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 military tribunal rule for which a report was 
submitted in accordance with subsection (a)(1) during the period 
beginning 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 Congress and ending 
on the date on which the same or succeeding Congress first convenes its 
next session, section 3 shall apply to such military tribunal rule in 
the succeeding session of Congress.
    (2)(A) In applying section 3 for purposes of the opportunity for 
additional review provided under paragraph (1), a military tribunal 
rule described under such paragraph 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 report shall be submitted to 
Congress before a military tribunal rule can take effect.
    (3) A military tribunal rule described under paragraph (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 tribunal 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 described 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 Effect.--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, 
related statute, or joint resolution of disapproval.
    (g) Joint Resolution of Disapproval Defined.--For purposes of this 
section, the term ``joint resolution of disapproval'' means a joint 
resolution under section 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 (excluding 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 submitted by the President on 
____, relating to military tribunals'', 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 
____, relating to military tribunals, and such rule shall have no force 
or effect.'' (The blank spaces being appropriately filled in).
    (b) Submission Date Defined.--For purposes of this section, the 
term ``submission date'' means, with respect 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 committees in each House of 
Congress with jurisdiction.
    (d) Special Procedures in the Senate.--(1) A joint resolution 
described in subsection (a) shall be considered in the Senate in 
accordance with the provisions of this subsection.
    (2) If the committee to which is referred a joint resolution 
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 committee shall be discharged from further 
consideration of such joint resolution upon a petition supported in 
writing by 30 Members of the Senate, and such joint resolution shall be 
placed on the calendar.
    (3) When the committee to which a joint resolution is referred has 
reported, or when a committee is discharged (under paragraph (2)) from 
further consideration of a joint resolution described in subsection 
(a), it is at any time thereafter in order (even though a previous 
motion to the same effect has been disagreed to) for a motion to 
proceed to the consideration of the joint resolution, and all points of 
order against the joint resolution (and against consideration of the 
joint resolution) are waived. The motion is not subject to amendment, 
or to a motion to postpone, or to a motion to proceed to the 
consideration of other business. A motion to reconsider the vote by 
which the motion is agreed to or disagreed to shall not be in order. If 
a motion to proceed to the consideration of the joint resolution is 
agreed to, the joint resolution shall remain the unfinished business of 
the Senate until disposed of.
    (4) Debate on the joint resolution, and on all debatable motions 
and appeals in connection therewith, shall be limited to not more than 
10 hours, which shall be divided equally between those favoring and 
those opposing the joint resolution. A motion further to limit debate 
is in 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 resolution is not in order.
    (5) Immediately following the conclusion of the debate on a joint 
resolution described in subsection (a), and a single quorum call at the 
conclusion of the debate if requested 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 procedure 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 disapproval with respect to 
a military tribunal rule--
            (A) after the expiration of the 60 session days beginning 
        with the applicable submission or publication date, or
            (B) if the report under section 2(a)(1) was submitted 
        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 succeeding 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 received 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 section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, 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 military 
        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 regard 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 TRIBUNALS.

    (a) In General.--(1) Subchapter XI of chapter 47 of title 10, 
United States Code (the Uniform Code of Military Justice) is amended by 
adding at the end the following new section:
``Sec. 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 accused 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 preceding report was submitted.
    ``(b) A report under this section shall be submitted in 
unclassified form, but may include 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 subchapter 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.
                                 <all>