123STA T . 2 6 12 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9advise dis notc o m mitted o r attem p ted , s h a l l b ep u nished as a militar y commission under this chapter may direct .‘ ‘ (31)CONTEMP T. —A military commission under this chapter may punish f or contempt any person w ho uses any menacin g word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. ‘‘(3 2 ) P E RJU R YA N D O BS TRU C T I ONO F JUSTICE.—A military commission under this chapter may try offenses and impose such punishment as the military commission may direct for per j ury, false testimony, or obstruction of justice related to the military commission. ’ ’. SEC.1803 .C ONF O RMI N GA MEN D MEN T S. (a) U NIFORM CODE OF M I L ITARY J USTICE.— (1) PERSONS SUBJECT TO UCMJ.—Paragraph (13) of section 80 2(a) of title 10, United S tates Code (article 2(a) of the Uniform Code of Military Justice), is amended to read as follows
‘‘(13) I ndividuals belonging to one of the eight categories enumerated in Article 4 of the Convention R elative to the T reatment of Prisoners of W ar, done at G eneva August 12, 1 9 49( 6 UST 3316), who violate the law of war.’’. (2) CONSTRUCTION OF MILITARY COMMISSIONS W IT H 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: ‘‘(d) The findings, holdings, interpretations, and other prece- dents of military commissions under chapter 4 7 A of this title— ‘‘(1) may not be introduced or considered in any hearing, trial, or other proceeding of a court-martial under this chapter
and ‘‘(2) may not form the basis of any holding, decision, or other determination of a court-martial.’’. (b) APPELLATE RE V IEW UNDER D ETAINEE TREATMENT ACT OF 200 5 .—Section 1005(e) of the Detainee Treatment Act of 2005 (title X of Public L aw 109 – 359; 10 U.S.C. 801 note) is amended by stri k ing paragraph (3). SEC. 180 4 . P ROCEEDINGS U NDER PRIOR STATUTE. (a) PRIOR CONVICTIONS.—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) COMPOSITION OF MILITARY COMMISSIONS.— N otwithstanding 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 F orces 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); 10USC948anote.
