To amend title 10, United States Code, to provide that alien unprivileged enemy belligerents may only be tried by military commissions if tried for alleged conduct for which a term of incarceration or the death penalty may be sought.

Requires trial by military commission when an unprivileged enemy belligerent is being tried for alleged conduct for which a term of incarceration or the death penalty may be sought or obtained.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4127 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4127

     To amend title 10, United States Code, to provide that alien 
     unprivileged enemy belligerents may only be tried by military 
     commissions if tried for alleged conduct for which a term of 
           incarceration or the death penalty may be sought.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2009

Mr. Gohmert (for himself, Mr. Smith of Texas, Mr. Daniel E. Lungren of 
   California, Mr. Olson, Mr. Broun of Georgia, Ms. Foxx, Mr. Roe of 
   Tennessee, Ms. Fallin, Mr. Garrett of New Jersey, Mr. Carter, Mr. 
Marchant, Mr. Lamborn, Mr. Conaway, Mr. Hall of Texas, Mr. Shadegg, Mr. 
Pitts, Mr. Posey, Mr. Bishop of Utah, Mr. Rooney, Ms. Ginny Brown-Waite 
of Florida, Mrs. Schmidt, Mr. Cole, Mr. Latta, Mrs. Lummis, Mr. Bonner, 
  Mr. Burton of Indiana, Mr. Gingrey of Georgia, Mr. Neugebauer, Mr. 
Pence, Mr. Culberson, Mrs. Bachmann, Mr. Franks of Arizona, Mr. Wilson 
     of South Carolina, Mr. Wittman, Mr. Bachus, Ms. Granger, Mrs. 
    Blackburn, Mr. Alexander, Mr. King of New York, Mr. McCarthy of 
  California, Mr. Ryan of Wisconsin, and Mr. Sessions) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
     To amend title 10, United States Code, to provide that alien 
     unprivileged enemy belligerents may only be tried by military 
     commissions if tried for alleged conduct for which a term of 
           incarceration or the death penalty may be sought.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TRIAL OF ALIEN UNPRIVILEGED ENEMY BELLIGERENTS BY MILITARY 
              COMMISSION MANDATORY FOR CERTAIN OFFENSES.

    Section 948c of title 10, United States Code, is amended by 
inserting before the period at the end the following: ``and if subject 
to trial for any alleged conduct for which a term of incarceration or 
the death penalty may be sought or obtained may only be tried by such a 
commission''.
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