H.R. 2428 (108th): Military Tribunal Regulations Review Act

108th Congress, 2003–2004. Text as of Jun 11, 2003 (Introduced).

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HR 2428 IH

108th CONGRESS

1st Session

H. R. 2428

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

IN THE HOUSE OF REPRESENTATIVES

June 11, 2003

Mr. HOEFFEL (for himself, Mr. CAPUANO, Mr. FILNER, Ms. JACKSON-LEE of Texas, Mr. FRANK of Massachusetts, Mr. MCDERMOTT, Mr. HASTINGS of Florida, Mr. GRIJALVA, Mr. UDALL of Colorado, Ms. MCCOLLUM, Mr. SERRANO, Ms. CORRINE BROWN of Florida, Ms. KAPTUR, Ms. WOOLSEY, Ms. SCHAKOWSKY, Mr. STARK, and Mr. KUCINICH) 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 XX, 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 XX, 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 included 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.