Editorial Notes
Statutory Notes and Related Subsidiaries
Short Title of 2009 Amendment
Pub. L. 111–84, div. A, title XVIII, § 1801, Oct. 28, 2009, 123 Stat. 2574, provided that:
“This title [enacting this chapter, amending sections
802 and
839 of this title, enacting provisions set out as notes under this section, and amending provisions set out as a note under
section 801 of this title] may be cited as the ‘
Military Commissions Act of 2009’.”
Prohibition on Enforcement of Military Commission Rulings Preventing Members of the Armed Forces From Carrying Out Otherwise Lawful Duties Based on Member Sex
Pub. L. 114–328, div. A, title X, § 1056, Dec. 23, 2016, 130 Stat. 2400, provided that:
“(a) Prohibition.—
No order, ruling, finding, or other determination of a military commission may be construed or implemented to prohibit or restrict a member of the Armed Forces from carrying out duties otherwise lawfully assigned to such member to the extent that the basis for such prohibition or restriction is the sex of such member.
“(b) Applicability to Prior Orders, etc..—
The prohibition or restriction described in subsection (a) shall, upon motion, apply to any order, ruling, finding, or other determination described in that subsection that was issued before the date of the enactment of this Act [Dec. 23, 2016] in a military commission and is still effective as of the date of such motion.
“(c) Military Commission Defined.—
In this section, the term ‘military commission’ means a military commission established under
chapter 47A of title 10, United States Code, and any military commission otherwise established or convened by law.”
Proceedings Under Prior Statute
Pub. L. 111–84, div. A, title XVIII, § 1804, Oct. 28, 2009, 123 Stat. 2612, provided that:
“(a) Prior Convictions.—
The amendment made by
section 1802 [generally amending this chapter] 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 [
Oct. 28, 2009]).
“(b) Composition of Military Commissions.—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) Charges and Specifications.—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) Procedures and Requirements.—
“(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.”
Submittal to Congress of Revised Rules for Military Commissions
Pub. L. 111–84, div. A, title XVIII, § 1805, Oct. 28, 2009, 123 Stat. 2614, provided that:
“(a) Deadline for Submittal.—
Not later than 90 days after the date of the enactment of this Act [
Oct. 28, 2009], 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) Treatment of Revised Rules Under Requirement for Notice and Wait Regarding Modification of Rules.—
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).”
Annual Reports to Congress on Trials by Military Commission
Pub. L. 111–84, div. A, title XVIII, § 1806, Oct. 28, 2009, 123 Stat. 2614, provided that:
“(a) Annual Reports Required.—
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) Form.—
Each report under this section shall be submitted in unclassified form, but may include a classified annex.”
[For termination, effective Dec. 31, 2021, of annual reporting provisions in section 1806 of Pub. L. 111–84, set out above, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.]
Construction of Presidential Authority To Establish Military Commissions
Pub. L. 109–366, § 2, Oct. 17, 2006, 120 Stat. 2600, provided that:
“The authority to establish military commissions under
chapter 47A of title 10, United States Code, as added by section 3(a), may not be construed to alter or limit the authority of the President under the Constitution of the United States and laws of the United States to establish military commissions for areas declared to be under martial law or in occupied territories should circumstances so require.”
