Directs the President to submit to Congress periodic reports on the activities of each military tribunal.
[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>
Introduced in House
Introduced in House
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.
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.
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.
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.
Executive Comment Requested from DOD.
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