by regulation, evidence in a military commission under 
this chapter shall be admissible if the military judge deter-
mines that the evidence would have probative value to a 
reasonable person. 
‘‘(2) Hearsay evidence is admissible unless the mili-
tary judge finds that the circumstances render the evi-
dence unreliable or lacking in probative value. However, 
such evidence may be admitted only if the proponent of 
the evidence makes the evidence known to the adverse 
party in advance of trial or hearing. 
‘‘(3) The military judge shall exclude any evidence 
the probative value of which is substantially outweighed— 
‘‘(A) by the danger of unfair prejudice, confu-
sion of the issues, or misleading the members of the 
commission; or 
‘‘(B) by considerations of undue delay, waste of 
time, or needless presentation of cumulative evi-
dence. 
‘‘(c) NOTIFICATION
TO CONGRESSIONAL COMMIT-
TEES OF CHANGES TO PROCEDURES.—Not later than 60 
days before the date on which any proposed modification 
of the procedures 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 Committee on Armed Services of the 
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House of Representatives a report describing the modifica-
tion. 
‘‘§ 949b. Unlawfully influencing action of military 
commission 
‘‘(a) IN GENERAL.—(1) No authority convening a 
military commission under this chapter may censure, rep-
rimand, or admonish the military commission, or any 
member, military judge, or counsel thereof, with respect 
to the findings or sentence adjudged by the military com-
mission, or with respect to any other exercises of its or 
his functions in the conduct of the proceedings. 
‘‘(2) No person may attempt to coerce or, by any un-
authorized means, influence the action of a military com-
mission under this chapter, or any member thereof, in 
reaching the findings or sentence in any case, or the action 
of any convening, approving, or reviewing authority with 
respect to his judicial acts. 
‘‘(3) Paragraphs (1) and (2) do not apply with re-
spect to— 
‘‘(A) general instructional or informational 
courses in military justice if such courses are de-
signed solely for the purpose of instructing members 
of a command in the substantive and procedural as-
pects of military commissions; or 
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‘‘(B) statements and instructions given in open 
proceedings by a military judge or counsel. 
‘‘(b) PROHIBITION ON CONSIDERATION OF ACTIONS 
ON COMMISSION IN EVALUATION OF FITNESS.—In the 
preparation of an effectiveness, 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, 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 mili-
tary commission under this chapter shall prosecute in the 
name of the United States. 
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