National Defense Authorization Act for Fiscal Year 2010/Division A/Title XVIII

{{SECTION|SEC. 1801.|SEC. 1801}}. SHORT TITLE.

 * This title may be cited as the ``Military Commissions Act of 2009´´.

{{SECTION|SEC. 1802.|SEC. 1802}}. MILITARY COMMISSIONS.

 * Chapter 47A of title 10, United States Code, is amended to read as follows:

{{SECTION|SEC. 1803.|SEC. 1803}}. CONFORMING AMENDMENTS.

 * (a) .—


 * (1) PERSONS SUBJECT TO UCMJ.—
 * Paragraph (13) of section 802(a) of title 10, United States Code (article 2(a) of the Uniform Code of Military Justice), is amended to read as follows:


 * (2) CONSTRUCTION OF MILITARY COMMISSIONS WITH COURTS-MARTIAL.—
 * Section 839 of such title (article 39 of the Uniform Code of Military Justice) is amended by adding at the end the following new subsection:


 * (b) .—
 * Section 1005(e) of the Detainee Treatment Act of 2005 (title X of Public Law 109-359 ; 10 U.S.C. 801 note) is amended by striking paragraph (3).

{{SECTION|SEC. 1804.|SEC. 1804}}. PROCEEDINGS UNDER PRIOR STATUTE.

 * (a) .—
 * The amendment made by section 1802 shall have no effect on the validity of any conviction pursuant to chapter 47A of title 10, United States Code (as such chapter was in effect on the day before the date of the enactment of this Act).


 * (b) .—
 * Notwithstanding the amendment made by section 1802—


 * (1) any commission convened pursuant to chapter 47A of title 10, United States Code (as such chapter was in effect on the day before the date of the enactment of this Act), shall be deemed to have been convened pursuant to chapter 47A of title 10, United States Code (as amended by section 1802);


 * (2) any member of the Armed Forces detailed to serve on a commission pursuant to chapter 47A of title 10, United States Code (as in effect on the day before the date of the enactment of this Act), shall be deemed to have been detailed pursuant to chapter 47A of title 10, United States Code (as so amended);


 * (3) any military judge detailed to a commission pursuant to chapter 47A of title 10, United States Code (as in effect on the day before the date of the enactment of this Act), shall be deemed to have been detailed pursuant to chapter 47A of title 10, United States Code (as so amended);


 * (4) any trial counsel or defense counsel detailed for a commission pursuant to chapter 47A of title 10, United States Code (as in effect on the day before the date of the enactment of this Act), shall be deemed to have been detailed pursuant to chapter 47A of title 10, United States Code (as so amended);


 * (5) any court reporters detailed to or employed by a commission pursuant to chapter 47A of title 10, United States Code (as in effect on the day before the date of the enactment of this Act), shall be deemed to have been detailed or employed pursuant to chapter 47A of title 10, United States Code (as so amended); and


 * (6) any appellate military judge or other duly appointed appellate judge on the Court of Military Commission Review pursuant to chapter 47A of title 10, United States Code (as in effect on the day before the date of the enactment of this Act), shall be deemed to have been detailed or appointed to the United States Court of Military Commission Review pursuant to chapter 47A of title 10, United States Code (as so amended).


 * (c) .—
 * Notwithstanding the amendment made by section 1802—


 * (1) any charges or specifications sworn or referred pursuant to chapter 47A of title 10, United States Code (as such chapter was in effect on the day before the date of the enactment of this Act), shall be deemed to have been sworn or referred pursuant to chapter 47A of title 10, United States Code (as amended by section 1802); and


 * (2) any charges or specifications described in paragraph (1) may be amended, without prejudice, as needed to properly allege jurisdiction under chapter 47A of title 10, United States Code (as so amended), and crimes triable under such chapter.


 * (d) .—


 * (1) IN GENERAL.—
 * Except as provided in subsections (a) through (c) and subject to paragraph (2), any commission convened pursuant to chapter 47A of title 10, United States Code (as such chapter was in effect on the day before the date of the enactment of this Act), shall be conducted after the date of the enactment of this Act in accordance with the procedures and requirements of chapter 47A of title 10, United States Code (as amended by section 1802).


 * (2) TEMPORARY CONTINUATION OF PRIOR PROCEDURES AND REQUIREMENTS.—
 * Any military commission described in paragraph (1) may be conducted in accordance with any procedures and requirements of chapter 47A of title 10, United States Code (as in effect on the day before the date of the enactment of this Act), that are not inconsistent with the provisions of chapter 47A of title 10, United States Code, (as so amended), until the earlier of—


 * (A) the date of the submittal to Congress under section 1805 of the revised rules for military commissions under chapter 47A of title 10, United States Code (as so amended); or


 * (B) the date that is 90 days after the date of the enactment of this Act.

{{SECTION|SEC. 1805.|SEC. 1805}}. SUBMITTAL TO CONGRESS OF REVISED RULES FOR MILITARY COMMISSIONS.

 * (a) .—
 * Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives the revised rules for military commissions prescribed by the Secretary for purposes of chapter 47A of title 10, United States Code (as amended by section 1802).


 * (b) .—
 * The revised rules submitted to Congress under subsection (a) shall not be treated as a modification of the rules in effect for military commissions for purposes of section 949a(d) of title 10, United States Code (as so amended).

{{SECTION|SEC. 1806.|SEC. 1806}}. ANNUAL REPORTS TO CONGRESS ON TRIALS BY MILITARY COMMISSION.

 * (a) .—
 * Not later than January 31 of each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on any trials conducted by military commissions under chapter 47A of title 10, United States Code (as amended by section 1802), during the preceding year.


 * (b) .—
 * Each report under this section shall be submitted in unclassified form, but may include a classified annex.

{{SECTION|SEC. 1807.|SEC. 1807}}. SENSE OF CONGRESS ON MILITARY COMMISSION SYSTEM.

 * It is the sense of Congress that—


 * (1) the fairness and effectiveness of the military commissions system under chapter 47A of title 10, United States Code (as amended by section 1802), will depend to a significant degree on the adequacy of defense counsel and associated resources for individuals accused, particularly in the case of capital cases, under such chapter 47A; and


 * (2) defense counsel in military commission cases, particularly in capital cases, under such chapter 47A of title 10, United States Code (as so amended), should be fully resourced as provided in such chapter 47A.

