S.Amdt. 3962

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.
______