H. R. 2647—409 
If the military judge finds that such portion of the statement 
is inconsistent with the testimony of the witness or that its 
disclosure is necessary to afford the accused a fair trial, the 
military judge, shall, upon the request of the trial counsel, 
review alternatives to disclosure in accordance with section 
949p–6(d) of this title. 
‘‘SUBCHAPTER VI—SENTENCES 
‘‘Sec. 
‘‘949s. Cruel or unusual punishments prohibited. 
‘‘949t. Maximum limits. 
‘‘949u. Execution of confinement. 
‘‘§ 949s. Cruel or unusual punishments prohibited 
‘‘Punishment by flogging, or by branding, marking, or tattooing 
on the body, or any other cruel or unusual punishment, may not 
be adjudged by a military commission under this chapter or inflicted 
under this chapter upon any person subject to this chapter. The 
use of irons, single or double, except for the purpose of safe custody, 
is prohibited under this chapter. 
‘‘§ 949t. Maximum limits 
‘‘The punishment which a military commission under this 
chapter may direct for an offense may not exceed such limits as 
the President or Secretary of Defense may prescribe for that offense. 
‘‘§ 949u. Execution of confinement 
‘‘(a) IN GENERAL.—Under such regulations as the Secretary 
of Defense may prescribe, a sentence of confinement adjudged by 
a military commission under this chapter may be carried into 
execution by confinement— 
‘‘(1) in any place of confinement under the control of any 
of the armed forces; or 
‘‘(2) in any penal or correctional institution under the con-
trol of the United States or its allies, or which the United 
States may be allowed to use. 
‘‘(b) TREATMENT DURING CONFINEMENT BY OTHER THAN THE 
ARMED FORCES.—Persons confined under subsection (a)(2) in a 
penal or correctional institution not under the control of an armed 
force are subject to the same discipline and treatment as persons 
confined or committed by the courts of the United States or of 
the State, District of Columbia, or place in which the institution 
is situated. 
‘‘SUBCHAPTER VII—POST-TRIAL PROCEDURE AND REVIEW 
OF MILITARY COMMISSIONS 
‘‘Sec. 
‘‘950a. Error of law; lesser included offense. 
‘‘950b. Review by the convening authority. 
‘‘950c. Appellate referral; waiver or withdrawal of appeal. 
‘‘950d. Interlocutory appeals by the United States. 
‘‘950e. Rehearings. 
‘‘950f. Review by United States Court of Military Commission Review. 
‘‘950g. Review by United States Court of Court of Appeals for the District of Colum-
bia Circuit; writ of certiorari to Supreme Court. 
‘‘950h. Appellate counsel. 
‘‘950i. Execution of sentence; suspension of sentence. 
‘‘950j. Finality of proceedings, findings, and sentences.
H. R. 2647—410 
‘‘§ 950a. Error of law; lesser included offense 
‘‘(a) ERROR
OF LAW.—A finding or sentence of a military 
commission under this chapter may not be held incorrect on the 
ground of an error of law unless the error materially prejudices 
the substantial rights of the accused. 
‘‘(b) LESSER INCLUDED OFFENSE.—Any reviewing authority with 
the power to approve or affirm a finding of guilty by a military 
commission under this chapter may approve or affirm, instead, 
so much of the finding as includes a lesser included offense. 
‘‘§ 950b. Review by the convening authority 
‘‘(a) NOTICE TO CONVENING AUTHORITY OF FINDINGS AND SEN-
TENCE.—The findings and sentence of a military commission under 
this chapter shall be reported in writing promptly to the convening 
authority after the announcement of the sentence. 
‘‘(b) SUBMITTAL
OF
MATTERS
BY
ACCUSED
TO
CONVENING 
AUTHORITY.—(1) The accused may submit to the convening 
authority matters for consideration by the convening authority with 
respect to the findings and the sentence of the military commission 
under this chapter. 
‘‘(2)(A) Except as provided in subparagraph (B), a submittal 
under paragraph (1) shall be made in writing within 20 days 
after the accused has been give an authenticated record of trial 
under section 949o(c) of this title. 
‘‘(B) If the accused shows that additional time is required 
for the accused to make a submittal under paragraph (1), the 
convening authority may, for good cause, extend the applicable 
period under subparagraph (A) for not more than an additional 
20 days. 
‘‘(3) The accused may waive the accused’s right to make a 
submittal to the convening authority under paragraph (1). Such 
a waiver shall be made in writing, and may not be revoked. For 
the purposes of subsection (c)(2), the time within which the accused 
may make a submittal under this subsection shall be deemed to 
have expired upon the submittal of a waiver under this paragraph 
to the convening authority. 
‘‘(c) ACTION
BY CONVENING AUTHORITY.—(1) The authority 
under this subsection to modify the findings and sentence of a 
military commission under this chapter is a matter of the sole 
discretion and prerogative of the convening authority. 
‘‘(2) The convening authority is not required to take action 
on the findings of a military commission under this chapter. If 
the convening authority takes action on the findings, the convening 
authority may, in the sole discretion of the convening authority, 
only— 
‘‘(A) dismiss any charge or specification by setting aside 
a finding of guilty thereto; or 
‘‘(B) change a finding of guilty to a charge to a finding 
of guilty to an offense that is a lesser included offense of 
the offense stated in the charge. 
‘‘(3)(A) The convening authority shall take action on the sen-
tence of a military commission under this chapter. 
‘‘(B) Subject to regulations prescribed by the Secretary of 
Defense, action under this paragraph may be taken only after 
consideration of any matters submitted by the accused under sub-
section (b) or after the time for submitting such matters expires, 
whichever is earlier.
H. R. 2647—411 
‘‘(C) In taking action under this paragraph, the convening 
authority may, in the sole discretion of the convening authority, 
approve, disapprove, commute, or suspend the sentence in whole 
or in part. The convening authority may not increase a sentence 
beyond that which is found by the military commission. 
‘‘(4) The convening authority shall serve on the accused or 
on defense counsel notice of any action taken by the convening 
authority under this subsection. 
‘‘(d) ORDER OF REVISION OR REHEARING.—(1) Subject to para-
graphs (2) and (3), the convening authority of a military commission 
under this chapter may, in the sole discretion of the convening 
authority, order a proceeding in revision or a rehearing. 
‘‘(2)(A) Except as provided in subparagraph (B), a proceeding 
in revision may be ordered by the convening authority if— 
‘‘(i) there is an apparent error or omission in the record; 
or 
‘‘(ii) the record shows improper or inconsistent action by 
the military commission with respect to the findings or sentence 
that can be rectified without material prejudice to the substan-
tial rights of the accused. 
‘‘(B) In no case may a proceeding in revision— 
‘‘(i) reconsider a finding of not guilty of a specification 
or a ruling which amounts to a finding of not guilty; 
‘‘(ii) reconsider a finding of not guilty of any charge, unless 
there has been a finding of guilty under a specification laid 
under that charge, which sufficiently alleges a violation; or 
‘‘(iii) increase the severity of the sentence unless the sen-
tence prescribed for the offense is mandatory. 
‘‘(3) A rehearing may be ordered by the convening authority 
if the convening authority disapproves the findings and sentence 
and states the reasons for disapproval of the findings. If the con-
vening authority disapproves the finding and sentence and does 
not order a rehearing, the convening authority shall dismiss the 
charges. A rehearing as to the findings may not be ordered by 
the convening authority when there is a lack of sufficient evidence 
in the record to support the findings. A rehearing as to the sentence 
may be ordered by the convening authority if the convening 
authority disapproves the sentence. 
‘‘§ 950c. Appellate referral; waiver or withdrawal of appeal 
‘‘(a) AUTOMATIC REFERRAL FOR APPELLATE REVIEW.—Except as 
provided in subsection (b), in each case in which the final decision 
of a military commission under this chapter (as approved by the 
convening authority) includes a finding of guilty, the convening 
authority shall refer the case to the United States Court of Military 
Commission Review. Any such referral shall be made in accordance 
with procedures prescribed under regulations of the Secretary. 
‘‘(b) WAIVER OF RIGHT OF REVIEW.—(1) Except in a case in 
which the sentence as approved under section 950b of this title 
extends to death, an accused may file with the convening authority 
a statement expressly waiving the right of the accused to appellate 
review by the United States Court of Military Commission Review 
under section 950f of this title of the final decision of the military 
commission under this chapter. 
‘‘(2) A waiver under paragraph (1) shall be signed by both 
the accused and a defense counsel.
H. R. 2647—412 
‘‘(3) A waiver under paragraph (1) must be filed, if at all, 
within 10 days after notice of the action is served on the accused 
or on defense counsel under section 950b(c)(4) of this title. The 
convening authority, for good cause, may extend the period for 
such filing by not more than 30 days. 
‘‘(c) WITHDRAWAL OF APPEAL.—Except in a case in which the 
sentence as approved under section 950b of this title extends to 
death, the accused may withdraw an appeal at any time. 
‘‘(d) EFFECT
OF WAIVER
OR WITHDRAWAL.—A waiver of the 
right to appellate review or the withdrawal of an appeal under 
this section bars review under section 950f of this title. 
‘‘§ 950d. Interlocutory appeals by the United States 
‘‘(a) INTERLOCUTORY APPEAL.—Except as provided in subsection 
(b), in a trial by military commission under this chapter, the United 
States may take an interlocutory appeal to the United States Court 
of Military Commission Review of any order or ruling of the military 
judge— 
‘‘(1) that terminates proceedings of the military commission 
with respect to a charge or specification; 
‘‘(2) that excludes evidence that is substantial proof of 
a fact material in the proceeding; 
‘‘(3) that relates to a matter under subsection (c) or (d) 
of section 949d of this title; or 
‘‘(4) that, with respect to classified information— 
‘‘(A) authorizes the disclosure of such information; 
‘‘(B) imposes sanctions for nondisclosure of such 
information; or 
‘‘(C) refuses a protective order sought by the United 
States to prevent the disclosure of such information. 
‘‘(b) LIMITATION.—The United States may not appeal under 
subsection (a) an order or ruling that is, or amounts to, a finding 
of not guilty by the military commission with respect to a charge 
or specification. 
‘‘(c) SCOPE OF APPEAL RIGHT WITH RESPECT TO CLASSIFIED 
INFORMATION.—The United States has the right to appeal under 
paragraph (4) of subsection (a) whenever the military judge enters 
an order or ruling that would require the disclosure of classified 
information, without regard to whether the order or ruling appealed 
from was entered under this chapter, another provision of law, 
a rule, or otherwise. Any such appeal may embrace any preceding 
order, ruling, or reasoning constituting the basis of the order or 
ruling that would authorize such disclosure. 
‘‘(d) TIMING AND ACTION ON INTERLOCUTORY APPEALS RELATING 
TO CLASSIFIED INFORMATION.— 
‘‘(1) APPEAL TO BE EXPEDITED.—An appeal taken pursuant 
to paragraph (4) of subsection (a) shall be expedited by the 
United States Court of Military Commission Review. 
‘‘(2) APPEALS BEFORE TRIAL.—If such an appeal is taken 
before trial, the appeal shall be taken within 10 days after 
the order or ruling from which the appeal is made and the 
trial shall not commence until the appeal is decided. 
‘‘(3) APPEALS DURING TRIAL.—If such an appeal is taken 
during trial, the military judge shall adjourn the trial until 
the appeal is decided, and the court of appeals—