I 111th CONGRESS 2d Session H. R. 4503 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.

1.

Short title

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

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.