I 111th CONGRESS 2d Session H. R. 4415 IN THE HOUSE OF REPRESENTATIVES January 12, 2010 Mrs. Miller of Michigan (for herself and Mr. King of New York) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to authorize the President to determine that certain individuals are unlawful enemy combatants subject to trial by military commissions, and for other purposes.

1.

Short title

This Act may be cited as the Terrorist Detention and Prosecution Act of 2010.

2.

Authority of President to determine certain individuals are unlawful enemy combatants for purposes of laws relating to military commissions

(a)

Authority

Section 948a(7) of title 10, United States Code, is amended— (1)in subparagraph (B), by striking or at the end; (2)in subparagraph (C), by striking the period at the end and inserting ; or; and (3)by adding at the end the following new subparagraph: (D)the President determines— (i)is closely associated with or has provided material support to al Qaeda or any other organization dedicated to committing acts of terrorism against the United States; (ii)has taken up or conspired to take up arms on behalf of al Qaeda; and (iii)has committed or conspired to commit acts of terrorism in the United States or against American citizens or targets, regardless of the location of the individual’s capture. . (b)

Detention

The President may authorize the detention for military purposes of any individual who is an unlawful enemy combatant (as that term is defined in section 948a(7) of title 10, United States Code) until the President determines that the individual is no longer a threat to the United States or its allies. (c)

Change of terminology to unlawful enemy combatant

Title 10, United States Code, is amended— (1)by striking unprivileged enemy belligerent each place it appears and inserting unlawful enemy combatant; and (2)by striking unprivileged enemy belligerents each place it appears and inserting unlawful enemy combatants.