[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4503 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4503

  To provide for consultation by the Department of Justice with other 
 relevant Government agencies before determining to prosecute certain 
   terrorism offenses in United States district court, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2010

 Mr. Smith of Texas (for himself, Mr. Boehner, Mr. McKeon, Mr. King of 
     New York, Mr. Rogers of Kentucky, Mr. Carter, Mr. Blunt, Mr. 
   Sensenbrenner, Mr. Coble, Mr. Gallegly, Mr. Daniel E. Lungren of 
California, Mr. Franks of Arizona, Mr. Gohmert, Mr. Jordan of Ohio, Mr. 
 Chaffetz, Mr. Rooney, Mr. Manzullo, Ms. Ros-Lehtinen, and Mr. Cantor) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide for consultation by the Department of Justice with other 
 relevant Government agencies before determining to prosecute certain 
   terrorism offenses in United States district court, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring the Collection of Critical 
Intelligence Act of 2010''.

SEC. 2. REQUIREMENT FOR CONSULTATION.

    (a) In General.--
            (1) Prosecution.--Before any officer or employee of the 
        Department of Justice institutes any prosecution of an alien in 
        a United States district court for a terrorist offense, the 
        Attorney General, Deputy Attorney General, or Assistant 
        Attorney General for the Criminal Division, shall consult with 
        the Director of National Intelligence and the Secretary of 
        Defense about whether the prosecution should take place in a 
        United States district court or before a military commission 
        under chapter 47A of title 10, United States Code.
            (2) Interrogation.--Before any officer or employee of the 
        Department of Justice engages in any interrogation of an alien 
        in a criminal investigation or prosecution of a terrorist 
        offense, the Attorney General, Deputy Attorney General, or 
        Assistant Attorney General for the Criminal Division, shall 
        consult with the Director of National Intelligence and the 
        Secretary of Defense about how to proceed in that interrogation 
        so as to enable each such official to carry out that official's 
        responsibilities in a manner consistent with national security.
    (b) Definitions.--In this section--
            (1) the term ``terrorist offense'' means any offense for 
        which the defendant could be tried by a military commission 
        under chapter 47A of title 10, United States Code; and
            (2) the term ``alien'' means any person who is not a 
        citizen of the United States.
                                 <all>