‘‘(A) Any information or material that has 
been determined by the United States Govern-
ment pursuant to statute, Executive order, or 
regulation to require protection against unau-
thorized disclosure for reasons of national secu-
rity. 
‘‘(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)). 
‘‘(4) ALIEN.—The term ‘alien’ means an indi-
vidual who is not a citizen of the United States. 
‘‘§ 948b. Military commissions generally 
‘‘(a) AUTHORITY
FOR
MILITARY
COMMISSIONS 
UNDER THIS CHAPTER.—The President is authorized to 
establish military commissions for violations of offenses 
triable by military commission as provided in this chapter. 
‘‘(b) CONSTRUCTION OF PROVISIONS.—The proce-
dures for military 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, including any 
construction or application of such chapter and any ad-
ministrative practice under such chapter, does not apply 
to trial by military commission under this chapter. 
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‘‘(c) STATUS OF COMMISSIONS UNDER COMMON AR-
TICLE 3.—A military commission established under this 
chapter is a regularly constituted court, affording all the 
necessary ‘judicial guarantees which are recognized as in-
dispensable by civilized peoples’ for purposes of common 
Article 3 of the Geneva Conventions. 
‘‘§ 948c. Persons subject to military commissions 
‘‘Any alien unlawful enemy combatant is subject to 
trial by military commission under this chapter. 
‘‘§ 948d. Jurisdiction of military commissions 
‘‘(a) JURISDICTION.—A military commission under 
this chapter shall have jurisdiction to try any offense made 
punishable by this chapter when committed by an alien 
unlawful enemy combatant before, on, or after September 
11, 2001. 
‘‘(b) PUNISHMENTS.—A military commission under 
this chapter may, under such limitations as the Secretary 
of Defense may prescribe, adjudge any punishment not 
forbidden by this chapter, including the penalty of death 
when authorized under this chapter. 
‘‘§ 948e. Annual report to congressional committees 
‘‘(a) ANNUAL REPORT REQUIRED.—Not later than 
December 31 each year, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Sen-
ate and the House of Representatives a report on any 
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trials conducted by military commissions under this chap-
ter during such year. 
‘‘(b) FORM.—Each report under this section shall be 
submitted in unclassified form, but may include a classi-
fied annex. 
‘‘SUBCHAPTER II—COMPOSITION OF MILITARY 
COMMISSIONS 
‘‘Sec. 
‘‘948h. Who may convene military commissions. 
‘‘948i. Who may serve on military commissions. 
‘‘948j. Military judges. 
‘‘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 mem-
bers. 
‘‘§ 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 mili-
tary commission under this chapter. 
‘‘(b) DETAIL OF MEMBERS.—When convening a mili-
tary commission under this chapter, the convening author-
ity shall detail as members of the commission such mem-
bers of the armed forces eligible under subsection (a), as 
in the opinion of the convening authority, are fully quali-
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