(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
1. Short title; table of contents. 
2. Construction of Presidential authority to establish military commissions. 
3. Military commissions. 
4. Clarification of conduct constituting war crime offense under Federal Crimi-
nal Code. 
5. Judicial review. 
6. Satisfaction of treaty obligations. 
7. Revisions to Detainee Treatment Act of 2005 relating to protection of certain 
United States Government personnel. 
8. Retroactive applicability. 
SEC. 2. CONSTRUCTION OF PRESIDENTIAL AUTHORITY TO 
ESTABLISH MILITARY COMMISSIONS. 
The authority to establish military commissions 
under chapter 47A of title 10, United States Code, as 
added by section 3(a), may not be construed to alter or 
limit the authority of the President under the Constitution 
to establish military commissions on the battlefield or in 
occupied territories should circumstances so require. 
SEC. 3. MILITARY COMMISSIONS. 
(a) MILITARY COMMISSIONS.— 
(1) IN
GENERAL.—Subtitle A of title 10, 
United States Code, is amended by inserting after 
chapter 47 the following new chapter: 
‘‘CHAPTER 47A—MILITARY COMMISSIONS 
‘‘Subchapter 
‘‘I. General Provisions .............................................................................. 948a
‘‘II. Composition of Military Commissions ............................................... 948h
‘‘III. Pre-Trial Procedure ......................................................................... 948q
‘‘IV. Trial Procedure ................................................................................. 949a
‘‘V. Sentences ............................................................................................
949s
‘‘VI. Post-Trial Procedure and Review of Military Commissions ............. 950a
‘‘VII. Punitive Matters ............................................................................. 950p
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‘‘SUBCHAPTER I—GENERAL PROVISIONS 
‘‘Sec. 
‘‘948a. Definitions. 
‘‘948b. Military commissions generally. 
‘‘948c. Persons subject to military commissions. 
‘‘948d. Jurisdiction of military commissions. 
‘‘948e. Annual report to congressional committees. 
‘‘§ 948a. Definitions 
‘‘In this chapter: 
‘‘(1) UNLAWFUL ENEMY COMBATANT.—(A) The 
term ‘unlawful enemy combatant’ means an indi-
vidual determined by or under the authority of the 
President or the Secretary of Defense— 
‘‘(i) to be part of or affiliated with a force 
or organization (including al Qaeda, the 
Taliban, any international terrorist organiza-
tion, or associated forces) that is engaged in 
hostilities against the United States or its co- 
belligerents in violation of the law of war; 
‘‘(ii) to have committed a hostile act in aid 
of such a force or organization so engaged; or 
‘‘(iii) to have supported hostilities in aid of 
such a force or organization so engaged. 
‘‘(B) Such term includes any individual deter-
mined by a Combatant Status Review Tribunal be-
fore the date of the enactment of the Military Com-
missions Act of 2006 to have been properly detained 
as an enemy combatant. 
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‘‘(C) Such term does not include any alien de-
termined by the President or the Secretary of De-
fense (whether on an individualized or collective 
basis), or by any competent tribunal established 
under their authority, to be— 
‘‘(i) a lawful enemy combatant (including a 
prisoner of war); or 
‘‘(ii) a protected person whose trial by a 
military commission under this chapter would 
be inconsistent with Articles 64 through 76 of 
the Geneva Convention Relative to the Protec-
tion of Civilian Persons in Time of War of Au-
gust 12, 1949. 
‘‘(D) For purposes of subparagraph (C)(ii), the 
term ‘protected person’ refers to the category of per-
sons described in Article 4 of the Geneva Convention 
Relative to the Protection of Civilian Persons in 
Time of War of August 12, 1949. 
‘‘(2) GENEVA CONVENTIONS.—The term ‘Gene-
va Conventions’ means the international conventions 
signed at Geneva on August 12, 1949, including 
Common Article 3. 
‘‘(3) CLASSIFIED
INFORMATION.—The term 
‘classified information’ means the following: 
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