H.R.2647

National Defense Authorization Act for Fiscal Year 2010 (Engrossed Amendment as Agreed to by Senate)



[Title X] Subtitle D--Military Commissions

SEC. 1031. MILITARY COMMISSIONS.

`CHAPTER 47A--MILITARY COMMISSIONS

`SUBCHAPTER

--Sec.

948a.

948h.

948q.

949a.

949p-1.

949s.

950a.

950p.

`SUBCHAPTER I--GENERAL PROVISIONS

`Sec. 948a. Definitions

`Sec. 948b. Military commissions generally

`Sec. 948c. Persons subject to military commissions

`Sec. 948d. Jurisdiction of military commissions

`SUBCHAPTER II--COMPOSITION OF MILITARY COMMISSIONS

`Sec. 948h. Who may convene military commissions

`Sec. 948i. Who may serve on military commissions

`Sec. 948j. Military judge of a military commission

`Sec. 948k. Detail of trial counsel and defense counsel

`Sec. 948l. Detail or employment of reporters and interpreters

`Sec. 948m. Number of members; excuse of members; absent and additional members

`SUBCHAPTER III--PRE-TRIAL PROCEDURE

`Sec. 948q. Charges and specifications

`Sec. 948r. Compulsory self-incrimination prohibited; statements obtained by torture or cruel, inhuman, or degrading treatment

`Sec. 948s. Service of charges

`SUBCHAPTER IV--TRIAL PROCEDURE

`Sec. 949a. Rules

`Sec. 949b. Unlawfully influencing action of military commission

`Sec. 949c. Duties of trial counsel and defense counsel

`Sec. 949d. Sessions

`Sec. 949e. Continuances

`Sec. 949f. Challenges

`Sec. 949g. Oaths

`Sec. 949h. Former jeopardy

`Sec. 949i. Pleas of the accused

`Sec. 949j. Opportunity to obtain witnesses and other evidence

`Sec. 949k. Defense of lack of mental responsibility

`Sec. 949l. Voting and rulings

`Sec. 949m. Number of votes required

`Sec. 949n. Military commission to announce action

`Sec. 949o. Record of trial

`SUBCHAPTER V--CLASSIFIED INFORMATION PROCEDURES

`Sec. 949p-1. Protection of classified information: applicability of subchapter

`Sec. 949p-2. Pretrial conference

`Sec. 949p-3. Protective orders

`Sec. 949p-4. Discovery of, and access to, classified information by the accused

`Sec. 949p-5. Notice by accused of intention to disclose classified information

`Sec. 949p-6. Procedure for cases involving classified information

`Sec. 949p-7. Introduction of classified information into evidence

`SUBCHAPTER VI--SENTENCES

`Sec. 949s. Cruel or unusual punishments prohibited

`Sec. 949t. Maximum limits

`Sec. 949u. Execution of confinement

`SUBCHAPTER VII--POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS

`Sec. 950a. Error of law; lesser included offense

`Sec. 950b. Review by the convening authority

`Sec. 950c. Appellate referral; waiver or withdrawal of appeal

`Sec. 950d. Interlocutory appeals by the United States

`Sec. 950e. Rehearings

`Sec. 950f. Review by United States Court of Appeals for the Armed Forces and Supreme Court

`Sec. 950g. Appellate counsel

`Sec. 950h. Execution of sentence; suspension of sentence

`Sec. 950i. Finality of proceedings, findings, and sentences

`SUBCHAPTER VIII--PUNITIVE MATTERS

`Sec. 950p. Definitions; construction of certain offenses; common circumstances

`Sec. 950q. Principals

`Sec. 950r. Accessory after the fact

`Sec. 950s. Conviction of lesser offenses

`Sec. 950t. Attempts

`Sec. 950u. Conspiracy

`Sec. 950v. Solicitation

`Sec. 950w. Crimes triable by military commissions

SEC. 1032. TRIAL BY MILITARY COMMISSION OF ALIEN UNPRIVILEGED BELLIGERENTS FOR VIOLATIONS OF THE LAW OF WAR.

`Sec. 948e. Trial by military commission of alien unprivileged belligerents for violations of the law of war

SEC. 1033. NO MIRANDA WARNINGS FOR AL QAEDA TERRORISTS.




SEC. 1041. LIMITATION ON USE OF FUNDS FOR THE TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

        (B) otherwise under detention at the United States Naval Station, Guantanamo Bay, Cuba.



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[ Thomas – 2009.10.09 – CBG ]