Page:United States Statutes at Large Volume 123.djvu/2610

 123STA T . 2 590PUBLIC LA W 111 –84—O CT. 28 , 2009 ‘ ‘ (c)NUMBEROFM EMBER SR E Q U I RE D FOR P E NALTY OF D EAT H.— ( 1 ) Ex c eptas p rovid edi n para g rap h ( 2 ), inacasein w hich the pena l t y o f death is so u ght, the nu mb er of members of the military commission under this chapter shall be not less than 12 members. ‘‘(2) I n any case described in paragraph (1) in which 12 members are not reasonably available for a military commission because of physical conditions or military exigencies, the convening authority shall specify a lesser number of members for the military commis - sion (but not fewer than 9 members), and the military commission may be assembled, and the trial held, with not less than the number of members so specified. In any such case, the convening authority shall ma k e a detailed written statement, to be appended to the record, stating why a greater number of members were not reasonably available. ‘ ‘ §94 9 n.Mil i tarycom mi s sion to anno u nc e action ‘‘ A military commission under this chapter shall announce its findings and sentence to the parties as soon as determined. ‘‘§ 949o. R ecor d o f trial ‘‘(a) RE C ORD AUTHENTICATION.—Each military commission under this chapter shall keep a separate, verbatim, record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military j udge. If the record cannot be authenticated by the military judge by reason of death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by a member of the commission if the trial counsel is unable to authenticate it by reason of death, disability, or absence. W here appropriate, and as provided in regula- tions prescribed by the S ecretary of Defense, the record of a military commission under this chapter may contain a classified annex. ‘‘(b) C OM P LETE RECORD REQUIRED.—A complete record of the proceedings and testimony shall be prepared in every military commission under this chapter. ‘‘(c) PRO V ISION OF COPY TO ACCUSED.—A copy of the record of the proceedings of the military commission under this chapter shall be given the accused as soon as it is authenticated. If the record contains classified information, or a classified annex, the accused shall receive a redacted version of the record consistent with the re q uirements of subchapter V of this chapter. Defense counsel shall have access to the unredacted record, as provided in regulations prescribed by the Secretary of Defense. ‘‘S UB C H AP T ER V—C L ASSI F IED INF O RMATION PROCEDURES ‘ ‘ Sec. ‘‘ 94 9 p–1 . Prot ect i o n o f c las sifie d infor m ation applica b ilit y ofs u bc h apter. ‘‘949p– 2 . Pretrial conference. ‘‘949p– 3 . Protecti v e orders. ‘‘949p–4. D iscovery of , and access to, classified information by the accused. ‘‘949p– 5 . N otice by accused of intention to disclose classified information. ‘‘949p– 6 . Procedure for cases involvin g classified information. ‘‘949p– 7 . I ntroduction of classified information into evidence. ‘‘§ 949 p–1 . P rotection of classified information applica b ility of subc h apter ‘‘(a) PROTECTION OF CLASSIFIED INFORMATION.—Classified information shall be protected and is privileged from disclosure if disclosure would be detrimental to the national security. Under Regulations.