S.Amdt. 1678

SA 1678. Mr. LEAHY submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 321, strike line 18 and all that follows through page 394, line 8 and insert the following:

SEC. 1031. REPEAL OF MILITARY COMMISSIONS.

(a) Repeal.--

(1) In general.--Chapter 47A of title 10, United States Code, is repealed.

(2) Technical and conforming amendment.--The table of chapters for title 10, United States Code, is amended by striking the item relating to chapter 47A.

(b) Transition Procedures.--

(1) Definition.--In this subsection, the term “covered matter” means a matter--

(A) brought before a military commission convened under chapter 47A of title 10, United States Code, as in effect on the day before the date of enactment of this Act; and

(B) in which final judgment has not been entered, or the matter has not otherwise become final, on the date of enactment of this Act.

(2) Dismissal.--Any covered matter shall be dismissed without prejudice.

(3) Statute of limitations.--For any offense charged in a covered matter dismissed under paragraph (2), the running of the statute of limitations for that offense shall be tolled during the period beginning on the date on which charges relating to the offense were filed with a military commission convened under chapter 47A of title 10, United States Code, as in effect on the day before the date of enactment of this Act, and ending on the date of enactment of this Act.