[Congressional Record Volume 164, Number 140 (Wednesday, August 22, 2018)]
[Senate]
[Page S5852]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3962. Mr. YOUNG submitted an amendment intended to be proposed to 
amendment SA 3695 proposed by Mr. Shelby to the bill H.R. 6157, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2019, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in title VIII of division A, 
     insert the following:

     SEC. ___. CLARIFICATION OF AUTHORITY OF MILITARY COMMISSIONS 
                   ESTABLISHED UNDER CHAPTER 47A OF TITLE 10, 
                   UNITED STATES CODE, TO PUNISH CONTEMPT.

       (a) Clarification.--
       (1) In general.--Subchapter IV of chapter 47A of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 949o-1. Contempt

       ``(a) Authority to Punish.--(1) With respect to any 
     proceeding under this chapter, a judicial officer specified 
     in paragraph (2) may punish for contempt any person who--
       ``(A) uses any menacing word, sign, or gesture in the 
     presence of the judicial officer during the proceeding;
       ``(B) disturbs the proceeding by any riot or disorder; or
       ``(C) willfully disobeys a lawful writ, process, order, 
     rule, decree, or command issued with respect to the 
     proceeding.
       ``(2) A judicial officer referred to in paragraph (1) is 
     any of the following:
       ``(A) Any judge of the United States Court of Military 
     Commission Review.
       ``(B) Any military judge detailed to a military commission 
     or any other proceeding under this chapter.
       ``(b) Punishment.--The punishment for contempt under 
     subsection (a) may not exceed confinement for 30 days, a fine 
     of $1,000, or both.
       ``(c) Review.--(1) A punishment under this section--
       ``(A) is not reviewable by the convening authority of a 
     military commission under this chapter;
       ``(B) if imposed by a military judge, shall constitute a 
     judgment, subject to review in the first instance only by the 
     United States Court of Military Commission Review and then 
     only by the United States Court of Appeals for the District 
     of Columbia Circuit; and
       ``(C) if imposed by a judge of the United States Court of 
     Military Commission Review, shall constitute a judgment of 
     the court subject to review only by the United States Court 
     of Appeals for the District of Columbia Circuit.
       ``(2) In reviewing a punishment for contempt imposed under 
     this section, the reviewing court shall affirm such 
     punishment unless the court finds that imposing such 
     punishment was an abuse of the discretion of the judicial 
     officer who imposed such punishment.
       ``(3) A petition for review of punishment for contempt 
     imposed under this section shall be filed not later than 60 
     days after the date on which the authenticated record upon 
     which the contempt punishment is based and any contempt 
     proceedings conducted by the judicial officer are served on 
     the person punished for contempt.
       ``(d) Punishment Not Conviction.--Punishment for contempt 
     is not a conviction or sentence within the meaning of section 
     949m of this title. The imposition of punishment for contempt 
     is not governed by other provisions of this chapter 
     applicable to military commissions, except that the Secretary 
     of Defense may prescribe procedures for contempt proceedings 
     and punishments, pursuant to the authority provided in 
     section 949a of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter of IV of such chapter is amended by 
     adding at the end the following new item:

``949o-1. Contempt.''.

       (b) Conforming Amendments.--Section 950t of title 10, 
     United States Code, is amended--
       (1) by striking paragraph (31); and
       (2) by redesignating paragraph (32) as paragraph (31).
       (c) Rule of Construction.--The amendments made by 
     subsections (a) and (b) shall not be construed to affect the 
     lawfulness of any punishment for contempt adjudged prior to 
     the effective date of such amendments.
       (d) Applicability.--The amendments made by subsections (a) 
     and (b) shall take effect on the date of the enactment of 
     this Act, and shall apply with respect to conduct by a person 
     that occurs on or after such date.
                                 ______