telligence sources necessary to prosecute the person, 
or other extraordinary circumstances justify the ex-
tension. 
(2) DETAILED
BASIS.—A certification under 
this subsection must include a detailed account of 
the factual basis for that determination. 
(3) ACCESS TO CERTIFICATION.—A person cov-
ered by a certification under this subsection is enti-
tled to an unclassified copy of the certification. 
(4) DURATION OF CERTIFICATION.—A certifi-
cation under this subsection is effective for not more 
than 1 year. The Secretary may make successive 
certifications with respect to a person so long as 
each additional certification is made while an immi-
nent threat to national security continues to be 
posed by the group or organization in which the per-
son is a member or by other persons associated with, 
or acting on behalf of, the group, organization, or 
person. 
(5) JUDICIAL
REVIEW.—The United States 
Court of Appeals for the Armed Forces shall provide 
judicial review with respect to any issue under this 
subsection, including whether the determination of 
the Secretary under paragraph (1) is justified by the 
factual basis under paragraph (2).
SEC. 5. EXTRAORDINARY TRIBUNALS. 
(a) AUTHORITY.—The President is hereby authorized 
to establish tribunals for the trial of persons covered by 
this Act. 
(b) JURISDICTION.—Tribunals established under 
subsection (a) may adjudicate violations of the law of war, 
international laws of armed conflict, and crimes against 
humanity targeted against United States persons or resi-
dents. 
(c) 
AUTHORITY
TO
ESTABLISH
PROCEDURAL 
RULES.—The Secretary of Defense, in consultation with 
the Secretary of State and the Attorney General, shall pre-
scribe and publish in the Federal Register, and report to 
the Committees on the Judiciary of the Senate and the 
House of Representatives, the rules of evidence and proce-
dure that are to apply to tribunals established under sub-
section (a). 
SEC. 6. PROCEDURAL REQUIREMENTS. 
(a) IN GENERAL.—The rules prescribed for a tri-
bunal under section 5(c) shall be designed to ensure a full 
and fair hearing of the charges against the accused. The 
rules shall require the following: 
(1) That the tribunal be independent and im-
partial. 
(2) That the accused be notified of the particu-
lars of the offense charged or alleged without delay.
(3) That the proceedings be made simulta-
neously intelligible for participants not conversant in 
the English language by translation or interpreta-
tion. 
(4) That the evidence supporting each alleged 
offense be given to the accused, except as provided 
in subsection (d). 
(5) That the accused have the opportunity to be 
present at trial. 
(6) That the accused have a right to be rep-
resented by counsel. 
(7) That the accused have the opportunity— 
(A) to respond to the evidence supporting 
each alleged offense; 
(B) to obtain exculpatory evidence from 
the prosecution; and 
(C) to present exculpatory evidence. 
(8) That the accused have the opportunity to 
confront and cross-examine adverse witnesses and to 
offer witnesses. 
(9) That the proceeding and disposition be ex-
peditious. 
(10) That the tribunal apply reasonable rules of 
evidence designed to ensure admission only of reli-
able information or material with probative value.
(11) That the accused be afforded all necessary 
means of defense before and after the trial. 
(12) That conviction of an alleged offense not 
be based upon an act, offense, or omission that was 
not an offense under law when it was committed. 
(13) That the penalty for an offense not be 
greater than it was when the offense was committed. 
(14) That the accused— 
(A) be presumed innocent until proven 
guilty, and 
(B) not be found guilty except upon proof 
beyond a reasonable doubt. 
(15) That the accused not be compelled to con-
fess guilt or testify against himself. 
(16) That, subject to subsections (c) and (d), 
the trial be open and public and include public avail-
ability of the transcripts of the trial and the pro-
nouncement of judgment. 
(17) That a convicted person be informed of 
remedies and appeals and the time limits for the ex-
ercise of the person’s rights to the remedies and ap-
peals under the rules. 
(18) That a preliminary proceeding be held 
within 30 days of detention to determine whether 
there is jurisdiction under section 4 over the person
and the offenses charged. The preliminary pro-
ceeding may be continued for an additional 30 days 
for good cause shown. 
(19) That the privilege of the writ of habeas 
corpus under title 28, United States Code, or under 
any other provision of law not be infringed. 
(20) That the tribunal be comprised of a mili-
tary judge and not less than five members. 
(b) IMPOSITION OF THE DEATH PENALTY.—The re-
quirements of the Uniform Code of Military Justice for 
the imposition of the death penalty shall apply in any case 
in which a tribunal established under section 5 is re-
quested to adjudge the death penalty. 
(c) PUBLIC PROCEEDINGS.—Any proceedings con-
ducted by a tribunal established under section 5, and the 
proceedings on any appeal of an action of the tribunal, 
shall be accessible to the public consistent with any de-
monstrable necessity to secure the safety of observers, wit-
nesses, tribunal judges, counsel, or other persons. 
(d) CONFIDENTIALITY
OF
EVIDENCE.—Evidence 
available from an agency of the Federal Government that 
is offered in a trial by a tribunal established under section 
5 may be kept secret from the public only when the head 
of the agency personally certifies in writing that disclosure 
will cause—
(1) identifiable harm to the prosecution of mili-
tary objectives; 
(2) significant, identifiable harm to intelligence 
sources or methods; or 
(3) substantial risk that such evidence could be 
used for planning future terrorist attacks. 
(e) REVIEW.— 
(1) PROCEDURES REQUIRED.—The Secretary of 
Defense shall provide for prompt review of convic-
tions by tribunals established under section 5 to en-
sure that the procedural requirements of a full and 
fair hearing have been met and that the evidence 
reasonably supports the convictions. 
(2) UNITED STATES COURT OF APPEALS FOR 
THE ARMED FORCES.—The procedures established 
under paragraph (1) shall, at a minimum, allow for 
review of the proceedings of the tribunals, and the 
convictions and sentences of such tribunals, by the 
United States Court of Appeals for the Armed 
Forces established under the Uniform Code of Mili-
tary Justice. 
(3) SUPREME
COURT.—The decisions of the 
United States Court of Appeals for the Armed 
Forces regarding proceedings of tribunals estab-
lished under section 5 shall be subject to review by 
the Supreme Court by writ of certiorari. 
SEC. 7. ANNUAL REPORT ON PERSONS COVERED BY THIS 
ACT WHO ARE DETAINED AS UNLAWFUL COM-
BATANTS BY THE UNITED STATES. 
(a) REPORT REQUIRED.—The Secretary of Defense 
shall submit to Congress an annual report on persons cov-
ered by this Act who are detained as unlawful combatants 
by the United States. 
(b) CURRENT DETAINEES.—The report shall include, 
for each person currently so detained, the following: 
(1) The name and nationality of the person. 
(2) The period during which the person has 
been so detained. 
(3) A description of the specific process af-
forded to the person under sections 3 and 4 of this 
Act and the outcome of those processes. 
(c) FORMER DETAINEES.—The report shall include, 
for each person formerly so detained, the following: 
(1) The name and nationality of the person. 
(2) The terms of the conditional release agree-
ment with respect to the person. 
(3) A statement of the basis for the determina-
tion of the United States Government that release 
was warranted.
(4) The period during which the person was so 
detained, including the release date of the person. 
(d) CLASSIFICATION.—The report required by this 
section shall be submitted in unclassified form, but may 
include a classified annex. 
Æ