stating why a greater number of members were not rea-
sonably available. 
‘‘§ 949n. Military commission to announce action 
‘‘A military commission under this chapter shall an-
nounce its findings and sentence to the parties as soon 
as determined. 
‘‘§ 949o. Record of trial 
‘‘(a) RECORD; AUTHENTICATION.—Each military 
commission under this chapter shall keep a separate, ver-
batim, record of the proceedings in each case brought be-
fore it, and the record shall be authenticated by the signa-
ture of the military judge. If the record cannot be authen-
ticated by the military judge by reason of his death, dis-
ability, or absence, it shall be authenticated by the signa-
ture of the trial counsel or by a member of the commission 
if the trial counsel is unable to authenticate it by reason 
of his death, disability, or absence. Where appropriate, 
and as provided in regulations prescribed by the Secretary 
of Defense, the record of a military commission under this 
chapter may contain a classified annex. 
‘‘(b) COMPLETE RECORD REQUIRED.—A complete 
record of the proceedings and testimony shall be prepared 
in every military commission under this chapter. 
‘‘(c) PROVISION OF COPY TO ACCUSED.—A copy of 
the record of the proceedings of the military commission 
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under this chapter shall be given the accused as soon as 
it is authenticated. If the record contains classified infor-
mation, or a classified annex, the accused shall be given 
a redacted version of the record consistent with the re-
quirements of section 949d of this title. Defense counsel 
shall have access to the unredacted record, as provided 
in regulations prescribed by the Secretary of Defense. 
‘‘SUBCHAPTER V—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 commis-
sion 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 pre-
scribe for that offense. 
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‘‘§ 949u. Execution of confinement 
‘‘(a) IN GENERAL.—Under such regulations as the 
Secretary of Defense may prescribe, a sentence of confine-
ment adjudged by a military commission under this chap-
ter may be carried into execution by confinement— 
‘‘(1) in any place of confinement under the con-
trol of any of the armed forces; or 
‘‘(2) in any penal or correctional institution 
under the control 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 com-
mitted by the courts of the United States or of the State, 
District of Columbia, or place in which the institution is 
situated. 
‘‘SUBCHAPTER VI—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. Appeal by the United States. 
‘‘950e. Rehearings. 
‘‘950f. Review by Court of Military Commission Review. 
‘‘950g. Review by the United States Court of Appeals for the District of Colum-
bia Circuit and the Supreme Court. 
‘‘950h. Appellate counsel. 
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‘‘950i. Execution of sentence; procedures for execution of sentence of death. 
‘‘950j. Finality or proceedings, findings, and sentences. 
‘‘§ 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 in-
cludes a lesser included offense. 
‘‘§ 950b. Review by the convening authority 
‘‘(a) NOTICE TO CONVENING AUTHORITY OF FIND-
INGS AND SENTENCE.—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 CON-
VENING AUTHORITY.—(1) The accused may submit to the 
convening authority matters for consideration by the con-
vening authority with respect to the findings and the sen-
tence 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 given an au-
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thenticated record of trial under section 949o(c) of this 
title. 
‘‘(B) If the accused shows that additional time is re-
quired for the accused to make a submittal under para-
graph (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 his right to make a sub-
mittal 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 sub-
mittal 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 con-
vening authority. 
‘‘(2)(A) The convening authority shall take action on 
the sentence of a military commission under this chapter. 
‘‘(B) Subject to regulations prescribed by the Sec-
retary of Defense, action on the sentence under this para-
graph may be taken only after consideration of any mat-
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ters submitted by the accused under subsection (b) or 
after the time for submitting such matters expires, which-
ever is earlier. 
‘‘(C) In taking action under this paragraph, the con-
vening authority may, in his sole discretion, approve, dis-
approve, commute, or suspend the sentence in whole or 
in part. The convening authority may not increase a sen-
tence beyond that which is found by the military commis-
sion. 
‘‘(3) 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 his sole discre-
tion, may— 
‘‘(A) dismiss any charge or specification by set-
ting 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 in-
cluded offense of the offense stated in the charge. 
‘‘(4) The convening authority shall serve on the ac-
cused or on defense counsel notice of any action taken by 
the convening authority under this subsection. 
‘‘(d) ORDER OF REVISION OR REHEARING.—(1) Sub-
ject to paragraphs (2) and (3), the convening authority 
of a military commission under this chapter may, in his 
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sole discretion, order a proceeding in revision or a rehear-
ing. 
‘‘(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 substantial rights of the 
accused. 
‘‘(B) In no case may a proceeding in revision— 
‘‘(i) reconsider a finding of not guilty of a spec-
ification 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 un-
less the sentence prescribed for the offense is man-
datory. 
‘‘(3) A rehearing may be ordered by the convening 
authority if the convening authority disapproves the find-
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ings and sentence and states the reasons for disapproval 
of the findings. If the convening 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 sen-
tence 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 RE-
VIEW.—Except as provided under subsection (b), in each 
case in which the final decision of a military commission 
(as approved by the convening authority) includes a find-
ing of guilty, the convening authority shall refer the case 
to the Court of Military Commission Review. Any such re-
ferral shall be made in accordance with procedures pre-
scribed under regulations of the Secretary. 
‘‘(b) WAIVER OF RIGHT OF REVIEW.—(1) In each 
case subject to appellate review under section 950f of this 
title, except a case in which the sentence as approved 
under section 950b of this title extends to death, the ac-
cused may file with the convening authority a statement 
expressly waiving the right of the accused to such review. 
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‘‘(2) A waiver under paragraph (1) shall be signed 
by both the accused and a defense counsel. 
‘‘(3) A waiver under paragraph (1) must be filed, if 
at all, within 10 days after notice on 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 ap-
peal 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. Appeal by the United States 
‘‘(a) INTERLOCUTORY APPEAL.—(1) Except as pro-
vided in paragraph (2), in a trial by military commission 
under this chapter, the United States may take an inter-
locutory appeal to the Court of Military Commission Re-
view of any order or ruling of the military judge that— 
‘‘(A) terminates proceedings of the military 
commission with respect to a charge or specification; 
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‘‘(B) excludes evidence that is substantial proof 
of a fact material in the proceeding; or 
‘‘(C) relates to a matter under subsection (d), 
(e), or (f) of section 949d of this title or section 
949j(c) of this title. 
‘‘(2) The United States may not appeal under para-
graph (1) an order or ruling that is, or amounts to, a find-
ing of not guilty by the military commission with respect 
to a charge or specification. 
‘‘(b) NOTICE OF APPEAL.—The United States shall 
take an appeal of an order or ruling under subsection (a) 
by filing a notice of appeal with the military judge within 
five days after the date of such order or ruling. 
‘‘(c) APPEAL.—An appeal under this section shall be 
forwarded, by means specified in regulations prescribed 
the Secretary of Defense, directly to the Court of Military 
Commission Review. In ruling on an appeal under this sec-
tion, the Court may act only with respect to matters of 
law. 
‘‘(d) APPEAL FROM ADVERSE RULING.—The United 
States may appeal an adverse ruling on an appeal under 
subsection (c) to the United States Court of Appeals for 
the District of Columbia Circuit by filing a petition for 
review in the Court of Appeals within 10 days after the 
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date of such ruling. Review under this subsection shall be 
at the discretion of the Court of Appeals. 
‘‘§ 950e. Rehearings 
‘‘(a) COMPOSITION OF MILITARY COMMISSION FOR 
REHEARING.—Each rehearing under this chapter shall 
take place before a military commission under this chapter 
composed of members who were not members of the mili-
tary commission which first heard the case. 
‘‘(b) SCOPE OF REHEARING.—(1) Upon a rehear-
ing— 
‘‘(A) the accused may not be tried for any of-
fense of which he was found not guilty by the first 
military commission; and 
‘‘(B) no sentence in excess of or more than the 
original sentence may be imposed unless— 
‘‘(i) the sentence is based upon a finding 
of guilty of an offense not considered upon the 
merits in the original proceedings; or 
‘‘(ii) the sentence prescribed for the of-
fense is mandatory. 
‘‘(2) Upon a rehearing, if the sentence approved after 
the first military commission was in accordance with a 
pretrial agreement and the accused at the rehearing 
changes his plea with respect to the charges or specifica-
tions upon which the pretrial agreement was based, or oth-
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erwise does not comply with pretrial agreement, the sen-
tence as to those charges or specifications may include any 
punishment not in excess of that lawfully adjudged at the 
first military commission. 
‘‘§ 950f. Review by Court of Military Commission Re-
view 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense 
shall establish a Court of Military Commission Review 
which shall be composed of one or more panels, and each 
such panel shall be composed of not less than three appel-
late military judges. For the purpose of reviewing military 
commission decisions under this chapter, the court may 
sit in panels or as a whole in accordance with rules pre-
scribed by the Secretary. 
‘‘(b) APPELLATE MILITARY JUDGES.—The Secretary 
shall assign appellate military judges to a Court of Mili-
tary Commission Review. Each appellate military judge 
shall meet the qualifications for military judges prescribed 
by section 948j(b) of this title or shall be a civilian with 
comparable qualifications. No person may be serve as an 
appellate military judge in any case in which that person 
acted as a military judge, counsel, or reviewing official. 
‘‘(c) CASES TO BE REVIEWED.—The Court of Mili-
tary Commission Review, in accordance with procedures 
prescribed under regulations of the Secretary, shall review 
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the record in each case that is referred to the Court by 
the convening authority under section 950c of this title 
with respect to any matter of law raised by the accused. 
‘‘(d) SCOPE OF REVIEW.—In a case reviewed by the 
Court of Military Commission Review under this section, 
the Court may act only with respect to matters of law. 
‘‘§ 950g. Review by the United States Court of Ap-
peals for the District of Columbia Circuit 
and the Supreme Court 
‘‘(a) EXCLUSIVE APPELLATE JURISDICTION.—(1)(A) 
Except as provided in subparagraph (B), the United 
States Court of Appeals for the District of Columbia Cir-
cuit shall have exclusive jurisdiction to determine the va-
lidity of a final judgment rendered by a military commis-
sion (as approved by the convening authority) under this 
chapter. 
‘‘(B) The Court of Appeals may not review the final 
judgment until all other appeals under this chapter have 
been waived or exhausted. 
‘‘(2) A petition for review must be filed by the ac-
cused in the Court of Appeals not later than 20 days after 
the date on which— 
‘‘(A) written notice of the final decision of the 
Court of Military Commission Review is served on 
the accused or on defense counsel; or 
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‘‘(B) the accused submits, in the form pre-
scribed by section 950c of this title, a written notice 
waiving the right of the accused to review by the 
Court of Military Commission Review under section 
950f of this title. 
‘‘(b) STANDARD FOR REVIEW.—In a case reviewed 
by it under this section, the Court of Appeals may act 
only with respect to matters of law. 
‘‘(c) SCOPE OF REVIEW.—The jurisdiction of the 
Court of Appeals on an appeal under subsection (a) shall 
be limited to the consideration of— 
‘‘(1) whether the final decision was consistent 
with the standards and procedures specified in this 
chapter; and 
‘‘(2) to the extent applicable, the Constitution 
and the laws of the United States. 
‘‘(d) SUPREME COURT.—The Supreme Court may re-
view by writ of certiorari the final judgment of the Court 
of Appeals pursuant to section 1257 of title 28. 
‘‘§ 950h. Appellate counsel 
‘‘(a) APPOINTMENT.—The Secretary of Defense 
shall, by regulation, establish procedures for the appoint-
ment of appellate counsel for the United States and for 
the accused in military commissions under this chapter. 
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Appellate counsel shall meet the qualifications for counsel 
appearing before military commissions under this chapter. 
‘‘(b) REPRESENTATION OF UNITED STATES.—Appel-
late counsel appointed under subsection (a)— 
‘‘(1) shall represent the United States in any 
appeal or review proceeding under this chapter be-
fore the Court of Military Commission Review; and 
‘‘(2) may, when requested to do so by the At-
torney General in a case arising under this chapter, 
represent the United States before the United States 
Court of Appeals for the District of Columbia Cir-
cuit or the Supreme Court. 
‘‘(c) REPRESENTATION OF ACCUSED.—The accused 
shall be represented by appellate counsel appointed under 
subsection (a) before the Court of Military Commission 
Review, the United States Court of Appeals for the Dis-
trict of Columbia Circuit, and the Supreme Court, and by 
civilian counsel if retained by the accused. Any such civil-
ian counsel shall meet the qualifications under paragraph 
(3) of section 949c(b) of this title for civilian counsel ap-
pearing before military commissions under this chapter 
and shall be subject to the requirements of paragraph (4) 
of that section. 
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‘‘§ 950i. Execution of sentence; procedures for execu-
tion of sentence of death 
‘‘(a) IN GENERAL.—The Secretary of Defense is au-
thorized to carry out a sentence imposed by a military 
commission under this chapter in accordance with such 
procedures as the Secretary may prescribe. 
‘‘(b) EXECUTION OF SENTENCE OF DEATH ONLY 
UPON APPROVAL BY THE PRESIDENT.—If the sentence 
of a military commission under this chapter extends to 
death, that part of the sentence providing for death may 
not be executed until approved by the President. In such 
a case, the President may commute, remit, or suspend the 
sentence, or any part thereof, as he sees fit. 
‘‘(c) EXECUTION OF SENTENCE OF DEATH ONLY 
UPON
FINAL
JUDGMENT
OF
LEGALITY
OF
PRO-
CEEDINGS.—(1) If the sentence of a military commission 
under this chapter extends to death, the sentence may not 
be executed until there is a final judgment as to the legal-
ity of the proceedings (and with respect to death, approval 
under subsection (b)). 
‘‘(2) A judgment as to legality of proceedings is final 
for purposes of paragraph (1) when— 
‘‘(A) the time for the accused to file a petition 
for review by the Court of Appeals for the District 
of Columbia Circuit has expired and the accused has 
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not filed a timely petition for such review and the 
case is not otherwise under review by that Court; or 
‘‘(B) review is completed in accordance with the 
judgment of the United States Court of Appeals for 
the District of Columbia Circuit and— 
‘‘(i) a petition for a writ of certiorari is not 
timely filed; 
‘‘(ii) such a petition is denied by the Su-
preme Court; or 
‘‘(iii) review is otherwise completed in ac-
cordance with the judgment of the Supreme 
Court. 
‘‘(d) SUSPENSION OF SENTENCE.—The Secretary of 
the Defense, or the convening authority acting on the case 
(if other than the Secretary), may suspend the execution 
of any sentence or part thereof in the case, except a sen-
tence of death. 
‘‘§ 950j. Finality or proceedings, findings, and sen-
tences 
‘‘(a) FINALITY.—The appellate review of records of 
trial provided by this chapter, and the proceedings, find-
ings, and sentences of military commissions as approved, 
reviewed, or affirmed as required by this chapter, are final 
and conclusive. Orders publishing the proceedings of mili-
tary commissions under this chapter are binding upon all 
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departments, courts, agencies, and officers of the United 
States, except as otherwise provided by the President. 
‘‘(b) PROVISIONS OF CHAPTER SOLE BASIS FOR RE-
VIEW OF MILITARY COMMISSION PROCEDURES AND AC-
TIONS.—Except as otherwise provided in this chapter and 
notwithstanding any other provision of law (including sec-
tion 2241 of title 28 or any other habeas corpus provi-
sion), no court, justice, or judge shall have jurisdiction to 
hear or consider any claim or cause of action whatsoever, 
including any action pending on or filed after the date of 
the enactment of the Military Commissions Act of 2006, 
relating to the prosecution, trial, or judgment of a military 
commission under this chapter, including challenges to the 
lawfulness of procedures of military commissions under 
this chapter. 
‘‘SUBCHAPTER VII—PUNITIVE MATTERS 
‘‘Sec. 
‘‘950p. Statement of substantive offenses. 
‘‘950q. Principals. 
‘‘950r. Accessory after the fact. 
‘‘950s. Conviction of lesser included offense. 
‘‘950t. Attempts. 
‘‘950u. Solicitation. 
‘‘950v. Crimes triable by military commissions. 
‘‘950w. Perjury and obstruction of justice; contempt. 
‘‘§ 950p. Statement of substantive offenses 
‘‘(a) PURPOSE.—The provisions of this subchapter 
codify offenses that have traditionally been triable by mili-
tary commissions. This chapter does not establish new 
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crimes that did not exist before its enactment, but rather 
codifies those crimes for trial by military commission. 
‘‘(b) EFFECT.—Because the provisions of this sub-
chapter (including provisions that incorporate definitions 
in other provisions of law) are declarative of existing law, 
they do not preclude trial for crimes that occurred before 
the date of the enactment of this chapter. 
‘‘§ 950q. Principals 
‘‘Any person is punishable as a principal under this 
chapter who— 
‘‘(1) commits an offense punishable by this 
chapter, or aids, abets, counsels, commands, or pro-
cures its commission; 
‘‘(2) causes an act to be done which if directly 
performed by him would be punishable by this chap-
ter; or 
‘‘(3) is a superior commander who, with regard 
to acts punishable under this chapter, knew, had 
reason to know, or should have known, that a subor-
dinate was about to commit such acts or had done 
so and who failed to take the necessary and reason-
able measures to prevent such acts or to punish the 
perpetrators thereof. 
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