H. R. 2647—370 
(B) The report under subparagraph (A) shall include 
the following: 
(i) A summary of the results of the assessment 
carried out under paragraph (1). 
(ii) An evaluation by the Secretary of the assess-
ment. 
(iii) A statement of the actions, if any, to be under-
taken by the Secretary to implement any recommenda-
tions in the assessment. 
(C) The report under subparagraph (A) shall be sub-
mitted in unclassified form, but may include a classified 
annex. 
(d) FUNDING.—Of the amounts appropriated pursuant to the 
authorization of appropriations in section 301(20) or otherwise made 
available for Cooperative Threat Reduction Programs for fiscal year 
2010, not more than $1,000,000 may be obligated or expended 
to carry out paragraphs (1) and (2) of subsection (c). 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Foreign Affairs of the 
House of Representatives; and 
(2) the Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Foreign Relations of 
the Senate. 
SEC. 1305. COOPERATIVE THREAT REDUCTION PROGRAM AUTHORITY 
FOR URGENT THREAT REDUCTION ACTIVITIES. 
(a) IN GENERAL.—Subject to the notification requirement under 
subsection (b), not more than 10 percent of the total amounts 
appropriated or otherwise made available in any fiscal year for 
the Cooperative Threat Reduction Program of the Department of 
Defense may be expended, notwithstanding any other law, for activi-
ties described under subsection (b)(1)(B). 
(b) DETERMINATION AND NOTICE.— 
(1) DETERMINATION.—The Secretary of Defense, with the 
concurrence of the Secretary of State and the Secretary of 
Energy, may make a written determination that— 
(A) threats arising from the proliferation of chemical, 
nuclear, and biological weapons or weapons-related mate-
rials, technologies, and expertise must be addressed 
urgently; 
(B) certain provisions of law would unnecessarily 
impede the Secretary’s ability to carry out activities of 
the Cooperative Threat Reduction Program of the Depart-
ment of Defense to address such threats; and 
(C) it is necessary to expend amounts described in 
subsection (a) to carry out such activities. 
(2) NOTICE REQUIRED.—Not later than 15 days before obli-
gating or expending funds under the authority provided in 
subsection (a), the Secretary of Defense shall notify the appro-
priate congressional committees of the determination made 
under paragraph (1). The notice shall include— 
(A) the determination; 
(B) the activities to be undertaken by the Cooperative 
Threat Reduction Program;
H. R. 2647—371 
(C) the expected time frame for such activities; and 
(D) the expected costs of such activities. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 
the term ‘‘appropriate congressional committees’’ means— 
(1) the Committee on Foreign Affairs, the Committee on 
Armed Services, and the Committee on Appropriations of the 
House of Representatives; and 
(2) the Committee on Foreign Relations, the Committee 
on Armed Services, and the Committee on Appropriations of 
the Senate. 
SEC. 1306. COOPERATIVE THREAT REDUCTION DEFENSE AND MILI-
TARY CONTACTS PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense shall ensure that 
the Defense and Military Contacts Program under the Cooperative 
Threat Reduction Program of the Department of Defense— 
(1) is executed pursuant to a well-developed strategy for 
advancing the mission of the Cooperative Threat Reduction 
Program; 
(2) is focused and expanded to support specific relationship- 
building opportunities, which could lead to Cooperative Threat 
Reduction Program development in new geographic areas and 
achieve other Cooperative Threat Reduction Program benefits; 
(3) is directly administered as part of the Cooperative 
Threat Reduction Program; and 
(4) includes cooperation and coordination with— 
(A) the unified combatant commands that operate in 
areas in which Cooperative Threat Reduction activities are 
carried out; and 
(B) related diplomatic efforts. 
(b) COOPERATIVE THREAT REDUCTION ANNUAL REPORT.—Para-
graph (8) of section 1308(c) of the Floyd D. Spence National Defense 
Authorization Act for fiscal year 2001 (as enacted into law by 
Public Law 106–398; 114 Stat. 1654A–341; 22 U.S.C. 5959) is 
amended— 
(1) by inserting ‘‘, including under the Defense and Military 
Contacts program,’’ after ‘‘programs’’; and 
(2) in subparagraph (B), by striking ‘‘the purposes’’ and 
inserting ‘‘the strategy’’. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds. 
Sec. 1402. National Defense Sealift Fund. 
Sec. 1403. Chemical agents and munitions destruction, defense. 
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1405. Defense Inspector General. 
Sec. 1406. Defense Health Program. 
Sec. 1407. Relation to funding table. 
Subtitle B—National Defense Stockpile 
Sec. 1411. Authorized uses of National Defense Stockpile funds. 
Sec. 1412. Extension of previously authorized disposal of cobalt from National De-
fense Stockpile. 
Sec. 1413. Report on implementation of reconfiguration of the National Defense 
Stockpile. 
Subtitle C—Armed Forces Retirement Home 
Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home.
H. R. 2647—372 
Subtitle A—Military Programs 
SEC. 1401. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for providing capital for 
working capital and revolving funds in amounts as follows: 
(1) For the Defense Working Capital Funds, $141,388,00. 
(2) For the Defense Working Capital Fund, Defense Com-
missary, $1,313,616,000. 
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 
Funds are hereby authorized to be appropriated for the fiscal 
year 2010 for the National Defense Sealift Fund in the amount 
of $1,642,758,000. 
SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
DEFENSE. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for the Department of Defense for 
fiscal year 2010 for expenses, not otherwise provided for, for Chem-
ical Agents and Munitions Destruction, Defense, in the amount 
of $1,560,760,000, of which— 
(1) $1,146,802,000 is for Operation and Maintenance; 
(2) $401,269,000 is for Research, Development, Test, and 
Evaluation; and 
(3) $12,689,000 is for Procurement. 
(b) USE.—Amounts authorized to be appropriated under sub-
section (a) are authorized for— 
(1) the destruction of lethal chemical agents and munitions 
in accordance with section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521); and 
(2) the destruction of chemical warfare materiel of the 
United States that is not covered by section 1412 of such 
Act. 
SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE-WIDE. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2010 for expenses, not otherwise 
provided for, for Drug Interdiction and Counter-Drug Activities, 
Defense-wide, in the amount of $1,054,234,000. 
SEC. 1405. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2010 for expenses, not otherwise 
provided for, for the Office of the Inspector General of the Depart-
ment of Defense, in the amount of $288,100,000, of which— 
(1) $287,100,000 is for Operation and Maintenance; and 
(2) $1,000,000 is for Procurement. 
SEC. 1406. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2010 for expenses, not otherwise 
provided for, for the Defense Health Program, in the amount of 
$28,033,093,000, of which— 
(1) $27,094,849,000 is for Operation and Maintenance;
H. R. 2647—373 
(2) $616,102,000 is for Research, Development, Test, and 
Evaluation; and 
(3) $322,142,000 is for Procurement. 
SEC. 1407. RELATION TO FUNDING TABLE. 
The amounts authorized to be appropriated by sections 1401, 
1402, 1403, 1404, 1405, and 1406 shall be available, in accordance 
with the requirements of section 4001, for projects, programs, and 
activities, and in the amounts, specified in the funding table in 
section 4401. 
Subtitle B—National Defense Stockpile 
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 
FUNDS. 
(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2010, 
the National Defense Stockpile Manager may obligate up to 
$41,179,000 of the funds in the National Defense Stockpile Trans-
action Fund established under subsection (a) of section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) 
for the authorized uses of such funds under subsection (b)(2) of 
such section, including the disposal of hazardous materials that 
are environmentally sensitive. 
(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 
Manager may obligate amounts in excess of the amount specified 
in subsection (a) if the National Defense Stockpile Manager notifies 
Congress that extraordinary or emergency conditions necessitate 
the additional obligations. The National Defense Stockpile Manager 
may make the additional obligations described in the notification 
after the end of the 45-day period beginning on the date on which 
Congress receives the notification. 
(c) LIMITATIONS.—The authorities provided by this section shall 
be subject to such limitations as may be provided in appropriations 
Acts. 
SEC. 1412. EXTENSION OF PREVIOUSLY AUTHORIZED DISPOSAL OF 
COBALT FROM NATIONAL DEFENSE STOCKPILE. 
Section 3305(a)(5) of the National Defense Authorization Act 
for Fiscal Year 1998 (Public Law 105–85; 50 U.S.C. 98d note), 
as most recently amended by section 1412(b) of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 4648), is further amended by striking 
‘‘during fiscal year 2009’’ and inserting ‘‘by the end of fiscal year 
2011’’. 
SEC. 1413. REPORT ON IMPLEMENTATION OF RECONFIGURATION OF 
THE NATIONAL DEFENSE STOCKPILE. 
(a) REPORT REQUIRED.—Not later than 180 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 House 
of Representatives a report on any actions the Secretary plans 
to take in response to the recommendations contained in the report 
entitled ‘‘Reconfiguration of the National Defense Stockpile Report 
to Congress’’ dated April 2009 and submitted by the Under Sec-
retary of Defense for Acquisition, Logistics, and Technology, as 
required by House Report 109–89, House Report 109–452, and 
Senate Report 110–115.
H. R. 2647—374 
(b) CONTENTS OF REPORT.— The report required by subsection 
(a) shall include the Secretary’s recommendations for changes, based 
on the findings of the April 2009 report, to statutes, regulations, 
and policies, which the Secretary determines are necessary to enable 
the implementation of the recommendations contained in the April 
2009 report or to improve Federal Government management of 
the National Defense Stockpile in the interest of the National 
Security Strategy. 
(c) CONGRESSIONAL NOTIFICATION.—The Secretary may not take 
any action regarding the implementation of any initiative rec-
ommended in the report required by subsection (a) until 45 days 
after the Secretary submits to the Committees on Armed Services 
of the Senate and House of Representatives such report. 
Subtitle C—Armed Forces Retirement 
Home 
SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 
RETIREMENT HOME. 
There is authorized to be appropriated for fiscal year 2010 
from the Armed Forces Retirement Home Trust Fund the sum 
of $134,000,000 for the operation of the Armed Forces Retirement 
Home. 
TITLE XV—AUTHORIZATION OF ADDI-
TIONAL APPROPRIATIONS FOR OVER-
SEAS CONTINGENCY OPERATIONS 
Sec. 1501. Purpose. 
Sec. 1502. Army procurement. 
Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 
Sec. 1504. Navy and Marine Corps procurement. 
Sec. 1505. Air Force procurement. 
Sec. 1506. Mine Resistant Ambush Protected Vehicle Fund. 
Sec. 1507. Defense-wide activities procurement. 
Sec. 1508. Research, development, test, and evaluation. 
Sec. 1509. Operation and maintenance. 
Sec. 1510. Limitations on availability of funds in Afghanistan Security Forces 
Fund. 
Sec. 1511. Limitations on Iraq Security Forces Fund. 
Sec. 1512. Military personnel. 
Sec. 1513. Working capital funds. 
Sec. 1514. Defense Health Program. 
Sec. 1515. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1516. Defense Inspector General. 
Sec. 1517. Relation to funding tables. 
Sec. 1518. Continuation of prohibition on use of United States funds for certain fa-
cilities projects in Iraq. 
Sec. 1519. Treatment as additional authorizations. 
Sec. 1520. Special transfer authority. 
SEC. 1501. PURPOSE. 
The purpose of this title is to authorize appropriations for 
the Department of Defense for fiscal year 2010 to provide additional 
funds for overseas contingency operations being carried out by 
the Armed Forces. 
SEC. 1502. ARMY PROCUREMENT. 
Funds are hereby authorized to be appropriated for fiscal year 
2010 for procurement accounts of the Army in amounts as follows:
H. R. 2647—378 
the Secretary may transfer amounts of authorizations made 
available to the Department of Defense in this title for fiscal 
year 2010 between any such authorizations for that fiscal year 
(or any subdivisions thereof). Amounts of authorizations so 
transferred shall be merged with and be available for the 
same purposes as the authorization to which transferred. 
(2) LIMITATION.—The total amount of authorizations that 
the Secretary may transfer under the authority of this section 
may not exceed $4,000,000,000. 
(b) TERMS AND CONDITIONS.—Transfers under this section shall 
be subject to the same terms and conditions as transfers under 
section 1001. 
(c) ADDITIONAL AUTHORITY.—The transfer authority provided 
by this section is in addition to the transfer authority provided 
under section 1001. 
TITLE 
XVII—DEPARTMENT 
OF 
DE-
FENSE–DEPARTMENT OF VETERANS 
AFFAIRS 
MEDICAL 
FACILITY 
DEM-
ONSTRATION PROJECT 
Sec. 1701. Demonstration project authority. 
Sec. 1702. Transfer of property. 
Sec. 1703. Transfer of civilian personnel of the Department of Defense. 
Sec. 1704. Joint funding authority. 
Sec. 1705. Eligibility of members of the uniformed services for care and services. 
Sec. 1706. Extension of DOD–VA Health Care Sharing Incentive Fund. 
SEC. 1701. DEMONSTRATION PROJECT AUTHORITY. 
(a) EXECUTIVE AGREEMENT AUTHORIZED.—Subject to subsection 
(b), the Secretary of Defense, in consultation with the Secretary 
of the Navy, and the Secretary of Veterans Affairs may execute 
a signed executive agreement pursuant to section 706 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 455) for the joint use by the Depart-
ment of Defense and the Department of Veterans Affairs of the 
following: 
(1) A new Navy ambulatory care center (on which construc-
tion commenced in July 2008), parking structure, and sup-
porting structures and facilities in North Chicago, Illinois, and 
Great Lakes, Illinois. 
(2) Medical personal property and equipment relating to 
the center, structures, and facilities described in paragraph 
(1). 
(b) DEADLINE
FOR ENTRY INTO AGREEMENT.—The executive 
agreement authorized by subsection (a) shall be entered into, if 
at all, by not later than 180 days after the date of the enactment 
of this Act. 
(c) SCOPE.—The executive agreement under subsection (a) 
shall— 
(1) be a binding operational agreement on matters under 
the areas specified in section 706 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009; and 
(2) contain additional terms and conditions as required 
by the provisions of this title. 
(d) REPORTS.—
H. R. 2647—379 
(1) NOTICE ON AGREEMENT.—Not later than seven days 
before executing an executive agreement under subsection (a), 
the Secretary of Defense and the Secretary of Veterans Affairs 
shall jointly submit to the appropriate committees of Congress 
a report setting forth a copy of the proposed executive agree-
ment. 
(2) FINAL REPORT.—Not later than 180 days after the fifth 
anniversary of the date of the execution of the executive agree-
ment under subsection (a), the Secretary of Defense and the 
Secretary of Veterans Affairs shall jointly submit to the appro-
priate committees of Congress a report on the exercise of the 
authorities in this title at the facility (as defined in section 
1702(a)(1)). The report shall include the following: 
(A) A comprehensive description and assessment of 
the exercise of the authorities in this title. 
(B) The recommendation of the Secretaries as to 
whether the exercise of the authorities in this title should 
continue. 
(3) REPORT ON ADDITIONAL LOCATIONS FOR SIMILAR AGREE-
MENTS.—Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense and the Secretary of 
Veterans Affairs shall jointly submit to the appropriate commit-
tees of Congress a report setting forth such recommendations 
as the Secretaries jointly consider appropriate for additional 
locations, if any, at which executive agreements like the execu-
tive agreement under subsection (a) would be advisable. 
(e) COMPTROLLER GENERAL REVIEWS.— 
(1) IN GENERAL.—Not later than one year after the execu-
tion of an executive agreement under subsection (a), and 
annually thereafter, the Comptroller General shall conduct a 
review and assessment of the following: 
(A) The progress made in implementing the agreement. 
(B) The effects of the agreement on the provision of 
care and operation of the facility (as so defined). 
(2) REPORTS.—Not later than 90 days after the commence-
ment of each review and assessment conducted under para-
graph (1), the Comptroller General shall submit to the appro-
priate committees of Congress a report on such review and 
assessment. Each report shall set forth the following: 
(A) The results of such review and assessment. 
(B) Such recommendations for modifications of the 
executive agreement, or the authorities in this title, as 
the Comptroller General considers appropriate in light of 
the results of such review and assessment. 
(f) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committees on Armed Services and Veterans’ 
Affairs of the Senate; and 
(2) the Committees on Armed Services and Veterans’ 
Affairs of the House of Representatives. 
SEC. 1702. TRANSFER OF PROPERTY. 
(a) TRANSFER.— 
(1) TRANSFER
AUTHORIZED.—The Secretary of Defense, 
acting through the Administrator of General Services, may 
transfer, without reimbursement, to the Secretary of Veterans
H. R. 2647—380 
Affairs jurisdiction, custody, and control over the center, struc-
tures, facilities, and property and equipment covered by the 
executive agreement under section 1701 (hereafter in this title 
referred to as the ‘‘facility’’). 
(2) DATE OF TRANSFER.—The transfer authorized by para-
graph (1) may not occur before the earlier of— 
(A) the date that is five years after the date of the 
execution under section 1701 of the executive agreement 
under that section; or 
(B) the date of the completion of such specific bench-
marks relating to the joint use by the Department of 
Defense and the Department of Veterans Affairs of the 
Navy ambulatory care center described in section 1701(a)(1) 
as the Secretary of Defense (in consultation with the Sec-
retary of the Navy) and Secretary of the Department of 
Veterans Affairs shall jointly establish for purposes of this 
section not later than 180 days after the date of the enact-
ment of this Act. 
(3) DELAY OF TRANSFER FOR COMPLETION OF CONSTRUC-
TION.—If construction on the center, structures, and facilities 
described in paragraph (1) is not complete as of the date speci-
fied in subparagraph (A) or (B) of paragraph (2), as applicable, 
the transfer of the center, structures, and facilities under that 
paragraph may occur thereafter upon completion of the 
construction. 
(4) DISCHARGE OF TRANSFER.—The Administrator of Gen-
eral Services shall complete the transfer as authorized by this 
subsection not later than 30 days after receipt of the request 
for the transfer. 
(b) REVERSION.— 
(1) IN GENERAL.—If any of the real and related personal 
property transferred pursuant to subsection (a) is subsequently 
used for purposes other than those specified in the executive 
agreement under section 1701, or is otherwise jointly deter-
mined by the Secretary of Defense and the Secretary of Vet-
erans Affairs to be excess to the needs of the facility, the 
Secretary of Veterans Affairs shall offer to transfer jurisdiction, 
custody, and control over such property, without reimburse-
ment, to the Secretary of Defense. Any such transfer shall 
be carried out by the Administrator of General Services not 
later than one year after the acceptance of the offer of such 
transfer, plus such additional time as the Administrator may 
require to complete such transfer. 
(2) REVERSION IN EVENT OF LACK OF FACILITIES INTEGRA-
TION.— 
(A) WITHIN
INITIAL
PERIOD.—During the five-year 
period beginning on the date of the transfer of real and 
related personal property pursuant to subsection (a), if 
the Secretary of Veterans Affairs, the Secretary of Defense, 
and the Secretary of Navy jointly determine that the 
integration of the facilities transferred pursuant to that 
subsection should not continue, jurisdiction, custody, and 
control over such real and related personal property shall 
be transferred, without reimbursement, to the Secretary 
of Defense. The transfer under this subparagraph shall 
be carried out by the Administrator of General Services 
not later than 180 days after the date of the determination
H. R. 2647—381 
by the Secretaries, plus such additional time as the 
Administrator may require to complete such transfer. 
(B) AFTER INITIAL PERIOD.—After the end of the five- 
year period described in subparagraph (A), if the Secretary 
of Veterans Affairs or the Secretary of Defense determines 
that the integration of the facilities transferred pursuant 
to subsection (a) should not continue, the Secretary of 
Veterans Affairs shall transfer, without reimbursement, 
to the Secretary of Defense jurisdiction, custody, and con-
trol over the real and related personal property described 
in subparagraph (A). Any transfer under this subparagraph 
shall be carried out by the Administrator of General Serv-
ices not later than one year after the date of the determina-
tion by the applicable Secretary, plus such additional time 
as the Administrator may require to complete such 
transfer. 
(C) REVERSION PROCEDURES.—The executive agreement 
under section 1701 shall provide the following: 
(i) Specific procedures for the reversion of real 
and related personal property, as appropriate, trans-
ferred pursuant to subsection (a) to ensure the con-
tinuing accomplishment by the Department of Defense 
and the Department of Veterans Affairs of their mis-
sions in the event that the integration of facilities 
described transferred pursuant to that subsection (a) 
is not completed or a reversion of property occurs under 
subparagraph (A) or (B). 
(ii) In the event of a reversion under this para-
graph, the transfer from the Department of Veterans 
Affairs to the Department of Defense of associated 
functions including appropriate resources, civilian posi-
tions, and personnel, in a manner that will not result 
in adverse impact to the missions of Department of 
Defense or the Department of Veterans Affairs. 
SEC. 1703. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT 
OF DEFENSE. 
(a) TRANSFER OF FUNCTIONS.—The Secretary of Defense and 
the Secretary of the Navy may transfer to the Secretary of Veterans 
Affairs functions necessary for the effective operation of the facility. 
The Secretary of Veterans Affairs may accept any functions so 
transferred. 
(b) TERMS.— 
(1) EXECUTIVE
AGREEMENT.—Any transfer of functions 
under subsection (a) shall be carried out as provided in the 
executive agreement under section 1701. The functions to be 
so transferred shall be identified utilizing the provisions of 
section 3503 of title 5, United States Code. 
(2) ELEMENTS.—In providing for the transfer of functions 
under subsection (a), the executive agreement under section 
1701 shall provide for the following: 
(A) The transfer of civilian employee positions of the 
Department of Defense identified in the executive agree-
ment to the Department of Veterans Affairs, and of the 
incumbent civilian employees in such positions, and the 
transition of the employees so transferred to the pay, bene-
fits, and personnel systems that apply to employees of
H. R. 2647—382 
the Department of Veterans Affairs (to the extent that 
different systems apply). 
(B) The transition of employees so transferred to the 
pay systems of the Department of Veterans Affairs in a 
manner which will not result in any reduction in an 
employee’s regular rate of compensation (including basic 
pay, locality pay, any physician comparability allowance, 
and any other fixed and recurring pay supplement) at 
the time of transition. 
(C) The continuation after transfer of the same employ-
ment status for employees so transferred who have already 
successfully completed or are in the process of completing 
a one-year probationary period under title 5, United States 
Code, notwithstanding the provisions of section 7403(b)(1) 
of title 38, United States Code. 
(D) The extension of collective bargaining rights under 
title 5, United States Code, to employees so transferred 
in positions listed in subsection 7421(b) of title 38, United 
States Code, notwithstanding the provisions of section 7422 
of title 38, United States Code, for a two-year period begin-
ning on the effective date of the executive agreement. 
(E) At the end of the two-year period beginning on 
the effective date of the executive agreement, for the fol-
lowing actions by the Secretary of Veterans Affairs with 
respect to the extension of collective bargaining rights 
under subparagraph (D): 
(i) Consideration of the impact of the extension 
of such rights. 
(ii) Consultation with exclusive employee rep-
resentatives of the transferred employees about such 
impact. 
(iii) Determination, after consultation with the Sec-
retary of Defense and the Secretary of the Navy, 
whether the extension of such rights should be termi-
nated, modified, or kept in effect. 
(iv) Submittal to Congress of a notice regarding 
the determination made under clause (iii). 
(F) The recognition after transfer of each transferred 
physician’s and dentist’s total number of years of service 
as a physician or dentist in the Department of Defense 
for purposes of calculating such employee’s rate of base 
pay, notwithstanding the provisions of section 7431(b)(3) 
of title 38, United States Code. 
(G) The preservation of the seniority of the employees 
so transferred for all pay purposes. 
(c) RETENTION
OF DEPARTMENT
OF DEFENSE EMPLOYMENT 
AUTHORITY.—Notwithstanding subsections (a) and (b), the Depart-
ment of Defense may employ civilian personnel at the facility if 
the Secretary of the Navy, or a designee of the Secretary, determines 
it is necessary and appropriate to meet mission requirements of 
the Department of the Navy. 
SEC. 1704. JOINT FUNDING AUTHORITY. 
(a) JOINT MEDICAL FACILITY DEMONSTRATION FUND.— 
(1) ESTABLISHMENT.—There is established on the books 
of the Treasury under the Department of Veterans Affairs 
a fund to be known as the ‘‘Joint Department of Defense–
H. R. 2647—383 
Department of Veterans Affairs Medical Facility Demonstration 
Fund’’ (in this section referred to as the ‘‘Fund’’). 
(2) ELEMENTS.—The Fund shall consist of the following: 
(A) Amounts transferred to the Fund by the Secretary 
of Defense, in consultation with the Secretary of the Navy, 
from amounts authorized and appropriated for the Depart-
ment of Defense specifically for that purpose. 
(B) Amounts transferred to the Fund by the Secretary 
of Veterans Affairs from amounts authorized and appro-
priated for the Department of Veterans Affairs specifically 
for that purpose. 
(C) Amounts transferred to the Fund from medical 
care collections under paragraph (4). 
(3) DETERMINATION
OF
AMOUNTS
TRANSFERRED
GEN-
ERALLY.—The amount transferred to the Fund by each of the 
Secretary of Defense and the Secretary of Veterans Affairs 
under subparagraphs (A) and (B), as applicable, of paragraph 
(2) each fiscal year shall be such amount, as determined by 
a methodology jointly established by the Secretary of Defense 
and the Secretary of Veterans Affairs for purposes of this 
subsection, that reflects the mission-specific activities, work-
load, and costs of provision of health care at the facility of 
the Department of Defense and the Department of Veterans 
Affairs, respectively. 
(4) TRANSFERS FROM MEDICAL CARE COLLECTIONS.— 
(A) IN GENERAL.—Amounts collected under the authori-
ties specified in subparagraph (B) for health care provided 
at the facility may be transferred to the Fund under para-
graph (2)(C). 
(B) AUTHORITIES.—The authorities specified in this 
subparagraph are the following: 
(i) Section 1095 of title 10, United States Code. 
(ii) Section 1729 of title 38, United States Code. 
(iii) Public Law 87–693, popularly known as the 
‘‘Federal Medical Care Recovery Act’’ (42 U.S.C. 2651 
et seq.). 
(5) ADMINISTRATION.—The Fund shall be administered in 
accordance with such provisions of the executive agreement 
under section 1701 as the Secretary of Defense and the Sec-
retary of Veterans Affairs shall jointly include in the executive 
agreement. Such provisions shall provide for an independent 
review of the methodology established under paragraph (3). 
(b) AVAILABILITY.— 
(1) IN GENERAL.—Funds transferred to the Fund under 
subsection (a) shall be available to fund the operations of the 
facility, including capital equipment, real property mainte-
nance, and minor construction projects that are not required 
to be specifically authorized by law under section 2805 of title 
10, United States Code, or section 8104 of title 38, United 
States Code. 
(2) LIMITATION.—The availability of funds transferred to 
the Fund under subsection (a)(2)(C) shall be subject to the 
provisions of section 1729A of title 38, United States Code. 
(3) PERIOD OF AVAILABILITY.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), funds transferred to the Fund under subsection (a)
H. R. 2647—384 
shall be available under paragraph (1) for one fiscal year 
after transfer. 
(B) EXCEPTION.—Of an amount transferred to the Fund 
under subsection (a), an amount not to exceed two percent 
of such amount shall be available under paragraph (1) 
for two fiscal years after transfer. 
(c) FINANCIAL
RECONCILIATION.—The executive agreement 
under section 1701 shall provide for the development and 
implementation of an integrated financial reconciliation process 
that meets the fiscal reconciliation requirements of the Department 
of Defense, the Department of the Navy, and the Department of 
Veterans Affairs. The process shall permit each of the Department 
of Defense, the Department of Navy, and the Department of Vet-
erans Affairs to identify their fiscal contributions to the Fund, 
taking into consideration accounting, workload, and financial 
management differences. 
(d) ANNUAL REPORT.—The Secretary of Defense, in consultation 
with the Secretary of the Navy, and the Secretary of Veterans 
Affairs shall jointly provide for an annual independent review of 
the Fund for at least three years after the date of the enactment 
of this Act. Such review shall include detailed statements of the 
uses of amounts of the Fund and an evaluation of the adequacy 
of the proportional share contributed to the Fund by each of the 
Secretary of Defense and the Secretary of Veterans Affairs. 
(e) TERMINATION.—The authorities in this section shall termi-
nate on September 30, 2015. 
SEC. 1705. ELIGIBILITY OF MEMBERS OF THE UNIFORMED SERVICES 
FOR CARE AND SERVICES. 
(a) IN GENERAL.—For purposes of eligibility for health care 
under chapter 55 of title 10, United States Code, the facility may 
be treated as a facility of the uniformed services to the extent 
provided in the executive agreement under section 1701. 
(b) PRIORITY OF TREATMENT.—The executive agreement under 
section 1701 shall provide an integrated priority list for access 
to health care at the facility, which list shall— 
(1) integrate the respective health care priority lists of 
the Secretary of Defense and the Secretary of Veterans Affairs, 
giving first priority of care to members of the Armed Forces 
on active duty; and 
(2) take into account categories of beneficiaries, enrollment 
program status, and such other matters as the Secretary of 
Defense and the Secretary of Veterans Affairs jointly consider 
appropriate. 
(c) ADDITIONAL ELEMENTS.—The executive agreement under 
section 1701 may include provisions as follows: 
(1) To incorporate any resource-related limitations for 
access to health care at the facility that the Secretary of Defense 
may establish for purposes of administering space-available 
eligibility for care in facilities of the uniformed services under 
chapter 55 of title 10, United States Code. 
(2) To waive the applicability to the facility of any provision 
of section 8111(e) of title 38, United States Code, that the 
Secretary of Defense and the Secretary of Veterans Affairs 
shall jointly specify. 
(3) To allocate financial responsibility for care provided 
at the facility for individuals who are eligible for care under
H. R. 2647—385 
both chapter 55 of title 10, United States Code, and title 38, 
United States Code. 
SEC. 1706. EXTENSION OF DOD–VA HEALTH CARE SHARING INCENTIVE 
FUND. 
Section 8111(d)(3) of title 38, United States Code, is amended 
by striking ‘‘September 30, 2010’’ and inserting ‘‘September 30, 
2015’’. 
TITLE XVIII—MILITARY COMMISSIONS 
Sec. 1801. Short title. 
Sec. 1802. Military commissions. 
Sec. 1803. Conforming amendments. 
Sec. 1804. Proceedings under prior statute. 
Sec. 1805. Submittal to Congress of revised rules for military commissions. 
Sec. 1806. Annual reports to Congress on trials by military commission. 
Sec. 1807. Sense of Congress on military commission system. 
SEC. 1801. SHORT TITLE. 
This title may be cited as the ‘‘Military Commissions Act of 
2009’’. 
SEC. 1802. MILITARY COMMISSIONS. 
Chapter 47A of title 10, United States Code, is amended to 
read as follows: 
‘‘CHAPTER 47A—MILITARY COMMISSIONS 
‘‘SUBCHAPTER 
Sec. 
‘‘I. General Provisions ............................................................................................
948a. 
‘‘II. Composition of Military Commissions ...........................................................
948h. 
‘‘III. Pre-Trial Procedure ........................................................................................
948q. 
‘‘IV. Trial Procedure ...............................................................................................
949a. 
‘‘V. Classified Information Procedures ..................................................................949p–1. 
‘‘VI. Sentences .........................................................................................................
949s. 
‘‘VII. Post-Trial Procedures and Review of Military Commissions .....................
950a. 
‘‘VIII. Punitive Matters ..........................................................................................
950p. 
‘‘SUBCHAPTER I—GENERAL PROVISIONS 
‘‘Sec. 
‘‘948a. Definitions. 
‘‘948b. Military commissions generally. 
‘‘948c. Persons subject to military commissions. 
‘‘948d. Jurisdiction of military commissions. 
‘‘§ 948a. Definitions 
‘‘In this chapter: 
‘‘(1) ALIEN.—The term ‘alien’ means an individual who 
is not a citizen of the United States. 
‘‘(2) 
CLASSIFIED
INFORMATION.—The 
term 
‘classified 
information’ means the following: 
‘‘(A) Any information or material that has been deter-
mined by the United States Government pursuant to 
statute, Executive order, or regulation to require protection 
against unauthorized disclosure for reasons of national 
security. 
‘‘(B) Any restricted data, as that term is defined in 
section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 
2014(y)).
H. R. 2647—386 
‘‘(3) COALITION PARTNER.—The term ‘coalition partner’, with 
respect to hostilities engaged in by the United States, means 
any State or armed force directly engaged along with the United 
States in such hostilities or providing direct operational support 
to the United States in connection with such hostilities. 
‘‘(4) GENEVA CONVENTION RELATIVE TO THE TREATMENT OF 
PRISONERS OF WAR.—The term ‘Geneva Convention Relative 
to the Treatment of Prisoners of War’ means the Convention 
Relative to the Treatment of Prisoners of War, done at Geneva 
August 12, 1949 (6 UST 3316). 
‘‘(5) GENEVA
CONVENTIONS.—The term ‘Geneva Conven-
tions’ means the international conventions signed at Geneva 
on August 12, 1949. 
‘‘(6) PRIVILEGED BELLIGERENT.—The term ‘privileged bellig-
erent’ means an individual belonging to one of the eight cat-
egories enumerated in Article 4 of the Geneva Convention 
Relative to the Treatment of Prisoners of War. 
‘‘(7) 
UNPRIVILEGED
ENEMY
BELLIGERENT.—The 
term 
‘unprivileged enemy belligerent’ means an individual (other 
than a privileged belligerent) who— 
‘‘(A) has engaged in hostilities against the United 
States or its coalition partners; 
‘‘(B) has purposefully and materially supported hos-
tilities against the United States or its coalition partners; 
or 
‘‘(C) was a part of al Qaeda at the time of the alleged 
offense under this chapter. 
‘‘(8) NATIONAL
SECURITY.—The term ‘national security’ 
means the national defense and foreign relations of the United 
States. 
‘‘(9) HOSTILITIES.—The term ‘hostilities’ means any conflict 
subject to the laws of war. 
‘‘§ 948b. Military commissions generally 
‘‘(a) PURPOSE.—This chapter establishes procedures governing 
the use of military commissions to try alien unprivileged enemy 
belligerents for violations of the law of war and other offenses 
triable by military commission. 
‘‘(b) AUTHORITY
FOR
MILITARY
COMMISSIONS
UNDER
THIS 
CHAPTER.—The President is authorized to establish military 
commissions under this chapter for offenses triable by military 
commission as provided in this chapter. 
‘‘(c) CONSTRUCTION OF PROVISIONS.—The procedures for mili-
tary commissions set forth in this chapter are based upon the 
procedures for trial by general courts-martial under chapter 47 
of this title (the Uniform Code of Military Justice). Chapter 47 
of this title does not, by its terms, apply to trial by military commis-
sion except as specifically provided therein or in this chapter, and 
many of the provisions of chapter 47 of this title are by their 
terms inapplicable to military commissions. The judicial construc-
tion and application of chapter 47 of this title, while instructive, 
is therefore not of its own force binding on military commissions 
established under this chapter. 
‘‘(d) INAPPLICABILITY
OF CERTAIN PROVISIONS.—(1) The fol-
lowing provisions of this title shall not apply to trial by military 
commission under this chapter:
H. R. 2647—387 
‘‘(A) Section 810 (article 10 of the Uniform Code of Military 
Justice), relating to speedy trial, including any rule of courts- 
martial relating to speedy trial. 
‘‘(B) Sections 831(a), (b), and (d) (articles 31(a), (b), and 
(d) of the Uniform Code of Military Justice), relating to compul-
sory self-incrimination. 
‘‘(C) Section 832 (article 32 of the Uniform Code of Military 
Justice), relating to pretrial investigation. 
‘‘(2) Other provisions of chapter 47 of this title shall apply 
to trial by military commission under this chapter only to the 
extent provided by the terms of such provisions or by this chapter. 
‘‘(e) GENEVA CONVENTIONS NOT ESTABLISHING PRIVATE RIGHT 
OF ACTION.—No alien unprivileged enemy belligerent subject to 
trial by military commission under this chapter may invoke the 
Geneva Conventions as a basis for a private right of action. 
‘‘§ 948c. Persons subject to military commissions 
‘‘Any alien unprivileged enemy belligerent is subject to trial 
by military commission as set forth in this chapter. 
‘‘§ 948d. Jurisdiction of military commissions 
‘‘A military commission under this chapter shall have jurisdic-
tion to try persons subject to this chapter for any offense made 
punishable by this chapter, sections 904 and 906 of this title (arti-
cles 104 and 106 of the Uniform Code of Military Justice), or 
the law of war, whether such offense was committed before, on, 
or after September 11, 2001, and may, under such limitations 
as the President may prescribe, adjudge any punishment not forbid-
den by this chapter, including the penalty of death when specifically 
authorized under this chapter. A military commission is a competent 
tribunal to make a finding sufficient for jurisdiction. 
‘‘SUBCHAPTER II—COMPOSITION OF MILITARY 
COMMISSIONS 
‘‘Sec. 
‘‘948h. Who may convene military commissions. 
‘‘948i. Who may serve on military commissions. 
‘‘948j. Military judge of a military commission. 
‘‘948k. Detail of trial counsel and defense counsel. 
‘‘948l. Detail or employment of reporters and interpreters. 
‘‘948m. Number of members; excuse of members; absent and additional members. 
‘‘§ 948h. Who may convene military commissions 
‘‘Military commissions under this chapter may be convened 
by the Secretary of Defense or by any officer or official of the 
United States designated by the Secretary for that purpose. 
‘‘§ 948i. Who may serve on military commissions 
‘‘(a) IN GENERAL.—Any commissioned officer of the armed forces 
on active duty is eligible to serve on a military commission under 
this chapter, including commissioned officers of the reserve compo-
nents of the armed forces on active duty, commissioned officers 
of the National Guard on active duty in Federal service, or retired 
commissioned officers recalled to active duty. 
‘‘(b) DETAIL OF MEMBERS.—When convening a military commis-
sion under this chapter, the convening authority shall detail as 
members thereof such members of the armed forces eligible under 
subsection (a) who, in the opinion of the convening authority, are
H. R. 2647—388 
best qualified for the duty by reason of age, education, training, 
experience, length of service, and judicial temperament. No member 
of an armed force is eligible to serve as a member of a military 
commission when such member is the accuser or a witness for 
the prosecution or has acted as an investigator or counsel in the 
same case. 
‘‘(c) EXCUSE OF MEMBERS.—Before a military commission under 
this chapter is assembled for the trial of a case, the convening 
authority may excuse a member from participating in the case. 
‘‘§ 948j. Military judge of a military commission 
‘‘(a) DETAIL OF MILITARY JUDGE.—A military judge shall be 
detailed to each military commission under this chapter. The Sec-
retary of Defense shall prescribe regulations providing for the 
manner in which military judges are so detailed to military commis-
sions. The military judge shall preside over each military commis-
sion to which such military judge has been detailed. 
‘‘(b) ELIGIBILITY.—A military judge shall be a commissioned 
officer of the armed forces who is a member of the bar of a Federal 
court, or a member of the bar of the highest court of a State, 
and who is certified to be qualified for duty under section 826 
of this title (article 26 of the Uniform Code of Military Justice) 
as a military judge of general courts-martial by the Judge Advocate 
General of the armed force of which such military judge is a 
member. 
‘‘(c) INELIGIBILITY
OF CERTAIN INDIVIDUALS.—No person is 
eligible to act as military judge in a case of a military commission 
under this chapter if such person is the accuser or a witness 
or has acted as investigator or a counsel in the same case. 
‘‘(d) CONSULTATION WITH MEMBERS; INELIGIBILITY TO VOTE.— 
A military judge detailed to a military commission under this 
chapter may not consult with the members except in the presence 
of the accused (except as otherwise provided in section 949d of 
this title), trial counsel, and defense counsel, nor may such military 
judge vote with the members. 
‘‘(e) OTHER DUTIES.—A commissioned officer who is certified 
to be qualified for duty as a military judge of a military commission 
under this chapter may perform such other duties as are assigned 
to such officer by or with the approval of the Judge Advocate 
General of the armed force of which such officer is a member 
or the designee of such Judge Advocate General. 
‘‘(f) PROHIBITION ON EVALUATION OF FITNESS BY CONVENING 
AUTHORITY.—The convening authority of a military commission 
under this chapter may not prepare or review any report concerning 
the effectiveness, fitness, or efficiency of a military judge detailed 
to the military commission which relates to such judge’s perform-
ance of duty as a military judge on the military commission. 
‘‘§ 948k. Detail of trial counsel and defense counsel 
‘‘(a) DETAIL OF COUNSEL GENERALLY.—(1) Trial counsel and 
military defense counsel shall be detailed for each military commis-
sion under this chapter. 
‘‘(2) Assistant trial counsel and assistant and associate defense 
counsel may be detailed for a military commission under this 
chapter. 
‘‘(3) Military defense counsel for a military commission under 
this chapter shall be detailed as soon as practicable.
H. R. 2647—389 
‘‘(4) The Secretary of Defense shall prescribe regulations pro-
viding for the manner in which trial counsel and military defense 
counsel are detailed for military commissions under this chapter 
and for the persons who are authorized to detail such counsel 
for such military commissions. 
‘‘(b) TRIAL COUNSEL.—Subject to subsection (e), a trial counsel 
detailed for a military commission under this chapter shall be— 
‘‘(1) a judge advocate (as that term is defined in section 
801 of this title (article 1 of the Uniform Code of Military 
Justice)) who is— 
‘‘(A) a graduate of an accredited law school or a member 
of the bar of a Federal court or of the highest court of 
a State; and 
‘‘(B) certified as competent to perform duties as trial 
counsel before general courts-martial by the Judge Advo-
cate General of the armed force of which such judge advo-
cate is a member; or 
‘‘(2) a civilian who is— 
‘‘(A) a member of the bar of a Federal court or of 
the highest court of a State; and 
‘‘(B) otherwise qualified to practice before the military 
commission pursuant to regulations prescribed by the Sec-
retary of Defense. 
‘‘(c) DEFENSE COUNSEL.—(1) Subject to subsection (e), a military 
defense counsel detailed for a military commission under this 
chapter shall be a judge advocate (as so defined) who is— 
‘‘(A) a graduate of an accredited law school or a member 
of the bar of a Federal court or of the highest court of a 
State; and 
‘‘(B) certified as competent to perform duties as defense 
counsel before general courts-martial by the Judge Advocate 
General of the armed force of which such judge advocate is 
a member. 
‘‘(2) The Secretary of Defense shall prescribe regulations for 
the appointment and performance of defense counsel in capital 
cases under this chapter. 
‘‘(d) CHIEF PROSECUTOR; CHIEF DEFENSE COUNSEL.—(1) The 
Chief Prosecutor in a military commission under this chapter shall 
meet the requirements set forth in subsection (b)(1). 
‘‘(2) The Chief Defense Counsel in a military commission under 
this chapter shall meet the requirements set forth in subsection 
(c)(1). 
‘‘(e) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No person who 
has acted as an investigator, military judge, or member of a military 
commission under this chapter in any case may act later as trial 
counsel or military defense counsel in the same case. No person 
who has acted for the prosecution before a military commission 
under this chapter may act later in the same case for the defense, 
nor may any person who has acted for the defense before a military 
commission under this chapter act later in the same case for the 
prosecution. 
‘‘§ 948l. Detail or employment of reporters and interpreters 
‘‘(a) COURT REPORTERS.—Under such regulations as the Sec-
retary of Defense may prescribe, the convening authority of a mili-
tary commission under this chapter shall detail to or employ for 
the military commission qualified court reporters, who shall prepare
H. R. 2647—390 
a verbatim record of the proceedings of and testimony taken before 
the military commission. 
‘‘(b) INTERPRETERS.—Under such regulations as the Secretary 
of Defense may prescribe, the convening authority of a military 
commission under this chapter may detail to or employ for the 
military commission interpreters who shall interpret for the military 
commission, and, as necessary, for trial counsel and defense counsel 
for the military commission, and for the accused. 
‘‘(c) TRANSCRIPT; RECORD.—The transcript of a military commis-
sion under this chapter shall be under the control of the convening 
authority of the military commission, who shall also be responsible 
for preparing the record of the proceedings of the military commis-
sion. 
‘‘§ 948m. Number of members; excuse of members; absent 
and additional members 
‘‘(a) NUMBER OF MEMBERS.—(1) Except as provided in para-
graph (2), a military commission under this chapter shall have 
at least five members. 
‘‘(2) In a case in which the accused before a military commission 
under this chapter may be sentenced to a penalty of death, the 
military commission shall have the number of members prescribed 
by section 949m(c) of this title. 
‘‘(b) EXCUSE OF MEMBERS.—No member of a military commis-
sion under this chapter may be absent or excused after the military 
commission has been assembled for the trial of a case unless 
excused— 
‘‘(1) as a result of challenge; 
‘‘(2) by the military judge for physical disability or other 
good cause; or 
‘‘(3) by order of the convening authority for good cause. 
‘‘(c) ABSENT AND ADDITIONAL MEMBERS.—Whenever a military 
commission under this chapter is reduced below the number of 
members required by subsection (a), the trial may not proceed 
unless the convening authority details new members sufficient to 
provide not less than such number. The trial may proceed with 
the new members present after the recorded evidence previously 
introduced before the members has been read to the military 
commission in the presence of the military judge, the accused 
(except as provided in section 949d of this title), and counsel for 
both sides. 
‘‘SUBCHAPTER III—PRE-TRIAL PROCEDURE 
‘‘Sec. 
‘‘948q. Charges and specifications. 
‘‘948r. Exclusion of statements obtained by torture or cruel, inhuman, or degrading 
treatment; prohibition of self-incrimination; admission of other state-
ments of the accused. 
‘‘948s. Service of charges. 
‘‘§ 948q. Charges and specifications 
‘‘(a) CHARGES AND SPECIFICATIONS.—Charges and specifications 
against an accused in a military commission under this chapter 
shall be signed by a person subject to chapter 47 of this title 
under oath before a commissioned officer of the armed forces author-
ized to administer oaths and shall state— 
‘‘(1) that the signer has personal knowledge of, or reason 
to believe, the matters set forth therein; and
H. R. 2647—391 
‘‘(2) that such matters are true in fact to the best of 
the signer’s knowledge and belief. 
‘‘(b) NOTICE TO ACCUSED.—Upon the swearing of the charges 
and specifications in accordance with subsection (a), the accused 
shall be informed of the charges and specifications against the 
accused as soon as practicable. 
‘‘§ 948r. Exclusion of statements obtained by torture or cruel, 
inhuman, or degrading treatment; prohibition of 
self-incrimination; admission of other statements 
of the accused 
‘‘(a) EXCLUSION OF STATEMENTS OBTAIN BY TORTURE OR CRUEL, 
INHUMAN, OR DEGRADING TREATMENT.—No statement obtained by 
the use of torture or by cruel, inhuman, or degrading treatment 
(as defined by section 1003 of the Detainee Treatment Act of 2005 
(42 U.S.C. 2000dd)), whether or not under color of law, shall be 
admissible in a military commission under this chapter, except 
against a person accused of torture or such treatment as evidence 
that the statement was made. 
‘‘(b) SELF-INCRIMINATION
PROHIBITED.—No person shall be 
required to testify against himself or herself at a proceeding of 
a military commission under this chapter. 
‘‘(c) OTHER STATEMENTS
OF
THE ACCUSED.—A statement of 
the accused may be admitted in evidence in a military commission 
under this chapter only if the military judge finds— 
‘‘(1) that the totality of the circumstances renders the state-
ment reliable and possessing sufficient probative value; and 
‘‘(2) that— 
‘‘(A) the statement was made incident to lawful conduct 
during military operations at the point of capture or during 
closely related active combat engagement, and the interests 
of justice would best be served by admission of the state-
ment into evidence; or 
‘‘(B) the statement was voluntarily given. 
‘‘(d) DETERMINATION OF VOLUNTARINESS.—In determining for 
purposes of subsection (c)(2)(B) whether a statement was voluntarily 
given, the military judge shall consider the totality of the cir-
cumstances, including, as appropriate, the following: 
‘‘(1) The details of the taking of the statement, accounting 
for the circumstances of the conduct of military and intelligence 
operations during hostilities. 
‘‘(2) The characteristics of the accused, such as military 
training, age, and education level. 
‘‘(3) The lapse of time, change of place, or change in identity 
of the questioners between the statement sought to be admitted 
and any prior questioning of the accused. 
‘‘§ 948s. Service of charges 
‘‘The trial counsel assigned to a case before a military commis-
sion under this chapter shall cause to be served upon the accused 
and military defense counsel a copy of the charges upon which 
trial is to be had in English and, if appropriate, in another language 
that the accused understands, sufficiently in advance of trial to 
prepare a defense.
H. R. 2647—392 
‘‘SUBCHAPTER IV—TRIAL PROCEDURE 
‘‘Sec. 
‘‘949a. Rules. 
‘‘949b. Unlawfully influencing action of military commission and United States 
Court of Military Commission Review. 
‘‘949c. Duties of trial counsel and defense counsel. 
‘‘949d. Sessions. 
‘‘949e. Continuances. 
‘‘949f. Challenges. 
‘‘949g. Oaths. 
‘‘949h. Former jeopardy. 
‘‘949i. Pleas of the accused. 
‘‘949j. Opportunity to obtain witnesses and other evidence. 
‘‘949k. Defense of lack of mental responsibility. 
‘‘949l. Voting and rulings. 
‘‘949m. Number of votes required. 
‘‘949n. Military commission to announce action. 
‘‘949o. Record of trial. 
‘‘§ 949a. Rules 
‘‘(a) PROCEDURES AND RULES OF EVIDENCE.—Pretrial, trial, and 
post-trial procedures, including elements and modes of proof, for 
cases triable by military commission under this chapter may be 
prescribed by the Secretary of Defense. Such procedures may not 
be contrary to or inconsistent with this chapter. Except as otherwise 
provided in this chapter or chapter 47 of this title, the procedures 
and rules of evidence applicable in trials by general courts-martial 
of the United States shall apply in trials by military commission 
under this chapter. 
‘‘(b) EXCEPTIONS.—(1) In trials by military commission under 
this chapter, the Secretary of Defense, in consultation with the 
Attorney General, may make such exceptions in the applicability 
of the procedures and rules of evidence otherwise applicable in 
general courts-martial as may be required by the unique cir-
cumstances of the conduct of military and intelligence operations 
during hostilities or by other practical need consistent with this 
chapter. 
‘‘(2) Notwithstanding any exceptions authorized by paragraph 
(1), the procedures and rules of evidence in trials by military 
commission under this chapter shall include, at a minimum, the 
following rights of the accused: 
‘‘(A) To present evidence in the accused’s defense, to cross- 
examine the witnesses who testify against the accused, and 
to examine and respond to all evidence admitted against the 
accused on the issue of guilt or innocence and for sentencing, 
as provided for by this chapter. 
‘‘(B) To be present at all sessions of the military commission 
(other than those for deliberations or voting), except when 
excluded under section 949d of this title. 
‘‘(C)(i) When none of the charges preferred against the 
accused are capital, to be represented before a military commis-
sion by civilian counsel if provided at no expense to the Govern-
ment, and by either the defense counsel detailed or the military 
counsel of the accused’s own selection, if reasonably available. 
‘‘(ii) When any of the charges preferred against the accused 
are capital, to be represented before a military commission 
in accordance with clause (i) and, to the greatest extent prac-
ticable, by at least one additional counsel who is learned in 
applicable law relating to capital cases and who, if necessary, 
may be a civilian and compensated in accordance with regula-
tions prescribed by the Secretary of Defense.
H. R. 2647—393 
‘‘(D) To self-representation, if the accused knowingly and 
competently waives the assistance of counsel, subject to the 
provisions of paragraph (4). 
‘‘(E) To the suppression of evidence that is not reliable 
or probative. 
‘‘(F) To the suppression of evidence the probative value 
of which is substantially outweighed by— 
‘‘(i) the danger of unfair prejudice, confusion of the 
issues, or misleading the members; or 
‘‘(ii) considerations of undue delay, waste of time, or 
needless presentation of cumulative evidence. 
‘‘(3) In making exceptions in the applicability in trials by mili-
tary commission under this chapter from the procedures and rules 
otherwise applicable in general courts-martial, the Secretary of 
Defense may provide the following: 
‘‘(A) Evidence seized outside the United States shall not 
be excluded from trial by military commission on the grounds 
that the evidence was not seized pursuant to a search warrant 
or authorization. 
‘‘(B) A statement of the accused that is otherwise admissible 
shall not be excluded from trial by military commission on 
grounds of alleged coercion or compulsory self-incrimination 
so long as the evidence complies with the provisions of section 
948r of this title. 
‘‘(C) Evidence shall be admitted as authentic so long as— 
‘‘(i) the military judge of the military commission deter-
mines that there is sufficient evidence that the evidence 
is what it is claimed to be; and 
‘‘(ii) the military judge instructs the members that 
they may consider any issue as to authentication or identi-
fication of evidence in determining the weight, if any, to 
be given to the evidence. 
‘‘(D) Hearsay evidence not otherwise admissible under the 
rules of evidence applicable in trial by general courts-martial 
may be admitted in a trial by military commission only if— 
‘‘(i) the proponent of the evidence makes known to 
the adverse party, sufficiently in advance to provide the 
adverse party with a fair opportunity to meet the evidence, 
the proponent’s intention to offer the evidence, and the 
particulars of the evidence (including information on the 
circumstances under which the evidence was obtained); 
and 
‘‘(ii) the military judge, after taking into account all 
of the circumstances surrounding the taking of the state-
ment, including the degree to which the statement is 
corroborated, the indicia of reliability within the statement 
itself, and whether the will of the declarant was overborne, 
determines that— 
‘‘(I) the statement is offered as evidence of a mate-
rial fact; 
‘‘(II) the statement is probative on the point for 
which it is offered; 
‘‘(III) direct testimony from the witness is not 
available as a practical matter, taking into consider-
ation the physical location of the witness, the unique 
circumstances of military and intelligence operations 
during hostilities, and the adverse impacts on military
H. R. 2647—394 
or intelligence operations that would likely result from 
the production of the witness; and 
‘‘(IV) the general purposes of the rules of evidence 
and the interests of justice will best be served by 
admission of the statement into evidence. 
‘‘(4)(A) The accused in a military commission under this chapter 
who exercises the right to self-representation under paragraph 
(2)(D) shall conform the accused’s deportment and the conduct 
of the defense to the rules of evidence, procedure, and decorum 
applicable to trials by military commission. 
‘‘(B) Failure of the accused to conform to the rules described 
in subparagraph (A) may result in a partial or total revocation 
by the military judge of the right of self-representation under para-
graph (2)(D). In such case, the military counsel of the accused 
or an appropriately authorized civilian counsel shall perform the 
functions necessary for the defense. 
‘‘(c) DELEGATION OF AUTHORITY TO PRESCRIBE REGULATIONS.— 
The Secretary of Defense may delegate the authority of the Sec-
retary to prescribe regulations under this chapter. 
‘‘(d) NOTICE TO CONGRESS OF MODIFICATION OF RULES.—Not 
later than 60 days before the date on which any proposed modifica-
tion of the rules in effect for military commissions under this 
chapter goes into effect, the Secretary of Defense shall submit 
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report 
describing the proposed modification. 
‘‘§ 949b. Unlawfully influencing action of military commission 
and United States Court of Military Commission 
Review 
‘‘(a) MILITARY COMMISSIONS.—(1) No authority convening a mili-
tary commission under this chapter may censure, reprimand, or 
admonish the military commission, or any member, military judge, 
or counsel thereof, with respect to the findings or sentence adjudged 
by the military commission, or with respect to any other exercises 
of its or their functions in the conduct of the proceedings. 
‘‘(2) No person may attempt to coerce or, by any unauthorized 
means, influence— 
‘‘(A) the action of a military commission under this chapter, 
or any member thereof, in reaching the findings or sentence 
in any case; 
‘‘(B) the action of any convening, approving, or reviewing 
authority with respect to their judicial acts; or 
‘‘(C) the exercise of professional judgment by trial counsel 
or defense counsel. 
‘‘(3) The provisions of this subsection shall not apply with 
respect to— 
‘‘(A) general instructional or informational courses in mili-
tary justice if such courses are designed solely for the purpose 
of instructing members of a command in the substantive and 
procedural aspects of military commissions; or 
‘‘(B) statements and instructions given in open proceedings 
by a military judge or counsel. 
‘‘(b) UNITED STATES COURT OF MILITARY COMMISSION REVIEW.— 
(1) No person may attempt to coerce or, by any unauthorized 
means, influence—
H. R. 2647—395 
‘‘(A) the action of a military appellate judge or other duly 
appointed judge under this chapter on the United States Court 
of Military Commissions Review in reaching a decision on the 
findings or sentence on appeal in any case; or 
‘‘(B) the exercise of professional judgment by trial counsel 
or defense counsel appearing before the United States Court 
of Military Commission Review. 
‘‘(2) No person may censure, reprimand, or admonish a military 
appellate judge on the United States Court of Military Commission 
Review, or counsel thereof, with respect to any exercise of their 
functions in the conduct of proceedings under this chapter. 
‘‘(3) The provisions of this subsection shall not apply with 
respect to— 
‘‘(A) general instructional or informational courses in mili-
tary justice if such courses are designed solely for the purpose 
of instructing members of a command in the substantive and 
procedural aspects of military commissions; or 
‘‘(B) statements and instructions given in open proceedings 
by an appellate military judge or a duly appointed appellate 
judge on the United States Court of Military Commission 
Review, or counsel. 
‘‘(4) No appellate military judge on the United States Court 
of Military Commission Review may be reassigned to other duties, 
except under circumstances as follows: 
‘‘(A) The appellate military judge voluntarily requests to 
be reassigned to other duties and the Secretary of Defense, 
or the designee of the Secretary, in consultation with the Judge 
Advocate General of the armed force of which the appellate 
military judge is a member, approves such reassignment. 
‘‘(B) The appellate military judge retires or otherwise sepa-
rates from the armed forces. 
‘‘(C) The appellate military judge is reassigned to other 
duties by the Secretary of Defense, or the designee of the 
Secretary, in consultation with the Judge Advocate General 
of the armed force of which the appellate military judge is 
a member, based on military necessity and such reassignment 
is consistent with service rotation regulations (to the extent 
such regulations are applicable). 
‘‘(D) The appellate military judge is withdrawn by the 
Secretary of Defense, or the designee of the Secretary, in con-
sultation with the Judge Advocate General of the armed force 
of which the appellate military judge is a member, for good 
cause consistent with applicable procedures under chapter 47 
of this title (the Uniform Code of Military Justice). 
‘‘(c) PROHIBITION ON CONSIDERATION OF ACTIONS ON COMMIS-
SION IN EVALUATION OF FITNESS.—In the preparation of an effective-
ness, fitness, or efficiency report or any other report or document 
used in whole or in part for the purpose of determining whether 
a commissioned officer of the armed forces is qualified to be 
advanced in grade, or in determining the assignment or transfer 
of any such officer or whether any such officer should be retained 
on active duty, no person may— 
‘‘(1) consider or evaluate the performance of duty of any 
member of a military commission under this chapter; or 
‘‘(2) give a less favorable rating or evaluation to any 
commissioned officer because of the zeal with which such officer,
H. R. 2647—396 
in acting as counsel, represented any accused before a military 
commission under this chapter. 
‘‘§ 949c. Duties of trial counsel and defense counsel 
‘‘(a) TRIAL COUNSEL.—The trial counsel of a military commis-
sion under this chapter shall prosecute in the name of the United 
States. 
‘‘(b) DEFENSE COUNSEL.—(1) The accused shall be represented 
in the accused’s defense before a military commission under this 
chapter as provided in this subsection. 
‘‘(2) The accused may be represented by military counsel 
detailed under section 948k of this title or by military counsel 
of the accused’s own selection, if reasonably available. 
‘‘(3) The accused may be represented by civilian counsel if 
retained by the accused, provided that such civilian counsel— 
‘‘(A) is a United States citizen; 
‘‘(B) is admitted to the practice of law in a State, district, 
or possession of the United States, or before a Federal court; 
‘‘(C) has not been the subject of any sanction of disciplinary 
action by any court, bar, or other competent governmental 
authority for relevant misconduct; 
‘‘(D) has been determined to be eligible for access to 
information classified at the level Secret or higher; and 
‘‘(E) has signed a written agreement to comply with all 
applicable regulations or instructions for counsel, including any 
rules of court for conduct during the proceedings. 
‘‘(4) If the accused is represented by civilian counsel, military 
counsel shall act as associate counsel. 
‘‘(5) The accused is not entitled to be represented by more 
than one military counsel. However, the person authorized under 
regulations prescribed under section 948k of this title to detail 
counsel, in such person’s sole discretion, may detail additional mili-
tary counsel to represent the accused. 
‘‘(6) Defense counsel may cross-examine each witness for the 
prosecution who testifies before a military commission under this 
chapter. 
‘‘(7) Civilian defense counsel shall protect any classified 
information received during the course of representation of the 
accused in accordance with all applicable law governing the protec-
tion of classified information, and may not divulge such information 
to any person not authorized to receive it. 
‘‘§ 949d. Sessions 
‘‘(a) SESSIONS WITHOUT PRESENCE OF MEMBERS.—(1) At any 
time after the service of charges which have been referred for 
trial by military commission under this chapter, the military judge 
may call the military commission into session without the presence 
of the members for the purpose of— 
‘‘(A) hearing and determining motions raising defenses or 
objections which are capable of determination without trial 
of the issues raised by a plea of not guilty; 
‘‘(B) hearing and ruling upon any matter which may be 
ruled upon by the military judge under this chapter, whether 
or not the matter is appropriate for later consideration or 
decision by the members; 
‘‘(C) if permitted by regulations prescribed by the Secretary 
of Defense, receiving the pleas of the accused; and