; (ii) by redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively; and (iii) in paragraph (4), as so redesignated— (I) by striking death, dismissal, or each place it appears and inserting dismissal or ; (II) by striking death or ; and (III) by striking under paragraph (3) or (4), as appropriate and inserting under paragraph (3) . (S) General article Section 934 of title 10, United States Code (article 134), is amended by striking crimes and offenses not capital and inserting crimes and offenses . (T) Jurisdiction of military commissions Section 948d of title 10, United States Code, is amended by striking including the penalty of death and all that follows and inserting except death. . (U) Number of members of military commissions Subsection (a) of section 948m of title 10, United States Code, is amended to read as follows: (a) Number of members A military commission under this chapter shall have at least 5 members. . (V) Number of votes required for sentencing by military commission Section 949m of title 10, United States Code, is amended— (i) in subsection (b)— (I) by striking paragraph (1); and (II) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (ii) by striking subsection (c). (W) Appellate referral for military commissions Section 950c of title 10, United States Code, is amended— (i) in subsection (b)(1), by striking Except in a case in which the sentence as approved under section 950b of this title extends to death, an accused and inserting An accused ; and (ii) in subsection (c), by striking Except in a case in which the sentence as approved under section 950b of this title extends to death, the accused and inserting The accused . (X) Execution of sentence by military commissions Section 950i of title 10, United States Code, is amended— (i) by striking subsections (b) and (c); (ii) by redesignating subsection (d) as subsection (b)