To express the sense of Congress that military commissions are the preferred forum for the trial of alien unprivileged belligerents for violations of the law of war and other offenses triable by military commission.

SA 1650. Mr. LIEBERMAN (for himself and Mr. Graham) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 394, between lines 8 and 9, insert the following:

SEC. 1032. TRIAL BY MILITARY COMMISSION OF ALIEN UNPRIVILEGED BELLIGERENTS FOR VIOLATIONS OF THE LAW OF WAR.

(a) In General.--Subchapter I of chapter 47A of title 10, United States Code, as amended by section 1031(a), is further amended by adding at the end the following new section:

“Sec. 948e. Trial by military commission of alien

unprivileged belligerents for violations of the law of war

“(a) Sense of Congress.--It is the sense of Congress that the preferred forum for the trial of alien unprivileged enemy belligerents subject to this chapter for violations of the law of war and other offenses made punishable by this chapter is trial by military commission under this chapter.

“(b) Reporting Requirement.--For any alien unprivileged enemy belligerent subject to this chapter whom the United States Government decides to try in Federal district court rather than by military commission under this chapter, the Secretary of Defense and the Attorney General shall report to Congress, not later than 30 days after such decision is made, on--

“(1) the criteria used to decide to try such individual in Federal district court rather than by military commission;

“(2) an estimate of the total costs to the United States Government, including costs borne by the judicial branch, attributable to trying such individual in Federal district court; and

“(3) any other information that the Secretary of Defense and the Attorney General consider appropriate.”.

(b) Clerical Amendment.--The table of sections of the beginning of such subchapter, as amended by section 1031(a), is further amended by adding after the item relating to section 948d the following new item:

“948e. Trial by military commission of alien unprivileged belligerents for violations of the law of war.”.