[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4892 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4892

 To provide for the interrogation and detention of enemy belligerents 
who commit hostile acts against the United States, to establish certain 
limitations on the prosecution of such belligerents for such acts, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 2010

  Mr. McKeon introduced the following bill; which was referred to the 
Select Committee on Intelligence (Permanent Select), and in addition to 
the Committees on Armed Services and the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To provide for the interrogation and detention of enemy belligerents 
who commit hostile acts against the United States, to establish certain 
limitations on the prosecution of such belligerents for such acts, 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 ``Enemy Belligerent Interrogation, 
Detention, and Prosecution Act of 2010''.

SEC. 2. PLACEMENT OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS IN 
              MILITARY CUSTODY.

    (a) Military Custody Requirement.--Whenever within the United 
States, its territories, and possessions, or outside the territorial 
limits of the United States, an individual is captured or otherwise 
comes into the custody or under the effective control of the United 
States who is suspected of engaging in hostilities against the United 
States or its coalition partners through an act of terrorism, or by 
other means in violation of the laws of war, or of purposely and 
materially supporting such hostilities, and who may be an unprivileged 
enemy belligerent, the individual shall be placed in military custody 
for purposes of initial interrogation and determination of status in 
accordance with the provisions of this Act.
    (b) Delay for Intelligence Activities.--The Secretary of Defense 
and the Director of National Intelligence may, after giving due 
consideration to operational needs and requirements to avoid compromise 
or disclosure of an intelligence mission or intelligence sources or 
methods, jointly authorize an element of the intelligence community 
that has initially captured an individual who may be an unprivileged 
enemy belligerent or otherwise taken such individual into custody or 
placed such individual under the effective control of the United States 
to hold, interrogate, or transport such individual. Such individual, if 
retained by the United States following that authorization, shall 
subsequently be placed into military custody in accordance with 
subsection (a).

SEC. 3. INTERROGATION AND DETERMINATION OF STATUS OF SUSPECTED 
              UNPRIVILEGED ENEMY BELLIGERENTS.

    (a) Interrogation of High-Value Detainees.--
            (1) In general.--The Director of National Intelligence 
        shall, in consultation with the heads of departments and 
        agencies of the United States Government containing elements of 
        the intelligence community, the Director of the Central 
        Intelligence Agency, and the Director of the Federal Bureau of 
        Investigation--
                    (A) coordinate the interrogation of high-value 
                detainees and individuals who are not in the custody or 
                under the effective control of the United States, but 
                otherwise meet the definition of a high-value detainee 
                under subsection (c);
                    (B) coordinate the preliminary determinations with 
                respect to whether or not high-value detainees are 
                unprivileged enemy belligerents;
                    (C) be responsible for any interagency group--
                            (i) conducting an interrogation of a high-
                        value detainee or individual who is not in the 
                        custody or under the effective control of the 
                        United States, but otherwise meets the 
                        definition of a high-value detainee under 
                        subsection (c); and
                            (ii) making a preliminary determination 
                        with respect to whether or not the detainee is 
                        an unprivileged enemy belligerent; and
                    (D) before an officer or employee of the Federal 
                Government provides the warnings of constitutional 
                rights described in Miranda vs. Arizona, 384 U.S. 436 
                (U.S. 1966) to a high-value detainee who is suspected 
                of terrorism, associated with terrorists, or believed 
                to have knowledge of terrorists and who is captured, 
                held, or questioned by a department or agency that is 
                or contains an element of the intelligence community, 
                approve the providing of such warnings to such high-
                value detainee.
            (2) Limitation.--Paragraph (1) shall not apply with respect 
        to a detainee who is captured on the battlefield by the Armed 
        Forces of the United States, unless the Director of National 
        Intelligence determines that such detainee is a high-value 
        detainee.
            (3) Certain delegations prohibited.--The Director of 
        National Intelligence may not delegate the authority to approve 
        the providing of warnings under paragraph (1)(D).
            (4) Preliminary determination with respect to high-value 
        detainees.--A determination under paragraph (1)(B) shall be 
        based on all intelligence information available. The Director 
        of National Intelligence shall submit each such determination 
        to the Secretary of Defense and the Attorney General.
            (5) Paramount purpose of interrogations.--An interrogation 
        conducted in accordance with this section shall be conducted in 
        a manner to accomplish the paramount purpose of protecting 
        United States civilians and United States civilian facilities 
        through thorough and professional interrogation for 
        intelligence purposes.
    (b) Determinations of Status.--
            (1) Final determination.--The Director of National 
        Intelligence, the Secretary of Defense, and the Attorney 
        General shall jointly submit to the President and to the 
        appropriate committees of Congress a final determination as to 
        whether or not a high-value detainee for which a preliminary 
        determination of status has been made under subsection 
        (a)(1)(B) or (a)(1)(C)(ii) is an unprivileged enemy belligerent 
        for purposes of this Act. In the event of a disagreement 
        between the Director of National Intelligence, the Secretary of 
        Defense, and the Attorney General, the President shall make the 
        final determination.
            (2) Deadline for determinations.--All actions required 
        regarding a high-value detainee under this subsection shall be 
        completed as soon as practicable, consistent with intelligence 
        collection requirements, after the detainee is placed in 
        military custody under section 2.
            (3) Criteria for designation of individuals as high-value 
        detainees.--The criteria for designating an individual as a 
        high-value detainee based on the following:
                    (A) The potential threat the individual poses for 
                an attack on civilians or civilian facilities within 
                the United States or upon United States citizens or 
                United States civilian facilities abroad at the time of 
                capture or when coming under the custody or control of 
                the United States.
                    (B) The potential threat the individual poses to 
                United States military personnel or United States 
                military facilities at the time of capture or when 
                coming under the custody or control of the United 
                States.
                    (C) The potential intelligence value of the 
                individual.
                    (D) Membership in al Qaeda, a terrorist group 
                affiliated with al Qaeda, or any other organization 
                designated by the Secretary of State as a foreign 
                terrorist organization in accordance with section 219 
                of the Immigration and Nationality Act (8 U.S.C. 1189).
                    (E) Such other matters as the President considers 
                appropriate.
    (c) High-Value Detainee Defined.--In this section, the term ``high-
value detainee'' means an individual placed in military custody under 
section 2 that meets criteria for designating an individual as a high-
value detainee based on the criteria referred to in subsection (b)(3), 
as determined by the Secretary of Defense.

SEC. 4. LIMITATION ON PROSECUTION OF ALIEN UNPRIVILEGED ENEMY 
              BELLIGERENTS.

    (a) Limitation.--No funds appropriated or otherwise made available 
to the Department of Justice may be used to prosecute in an Article III 
court in the United States, or in any territory or possession of the 
United States, any alien who has been determined to be an unprivileged 
enemy belligerent under section 3(b)(1).
    (b) Applicability Pending Final Determination of Status.--While a 
final determination on the status of an alien high-value detainee is 
pending under section 3(b)(1), the alien shall be treated as an 
unprivileged enemy belligerent for purposes of subsection (a).

SEC. 5. DETENTION WITHOUT TRIAL OF UNPRIVILEGED ENEMY BELLIGERENTS.

    An individual, including a citizen of the United States, determined 
to be an unprivileged enemy belligerent under section 3(b)(1) in a 
manner which satisfies Article 5 of the Geneva Convention Relative to 
the Treatment of Prisoners of War may be detained without criminal 
charges and without trial for the duration of hostilities against the 
United States or its coalition partners in which the individual has 
engaged, or which the individual has purposely and materially 
supported, consistent with the law of war and any authorization for the 
use of military force provided by Congress pertaining to such 
hostilities.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Act of terrorism.--The term ``act of terrorism'' means 
        an act of terrorism as that term is defined in section 101(16) 
        of the Homeland Security Act of 2002 (6 U.S.C. 101(16)).
            (2) Alien.--The term ``alien'' means an individual who is 
        not a citizen of the United States.
            (3) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Homeland Security and Governmental Affairs, the 
                Committee on the Judiciary, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Homeland Security, the Committee on the Judiciary, 
                and the Permanent Select Committee on Intelligence of 
                the House of Representatives.
            (4) Article iii court.--The term ``Article III court'' 
        means a court of the United States established under Article 
        III of the Constitution of the United States.
            (5) Coalition partner.--The term ``coalition partner'', 
        with respect to hostilities engaged in by the United States, 
        means any State or armed force directly engaged along with the 
        United States in such hostilities or providing direct 
        operational support to the United States in connection with 
        such hostilities.
            (6) Geneva convention relative to the treatment of 
        prisoners of war.--The term ``Geneva Convention Relative to the 
        Treatment of Prisoners of War'' means the Geneva Convention 
        Relative to the Treatment of Prisoners of War, done at Geneva 
        August 12, 1949 (6 UST 3316).
            (7) Hostilities.--The term ``hostilities'' means any 
        conflict subject to the laws of war, and includes a deliberate 
        attack upon civilians and civilian targets protected by the 
        laws of war.
            (8) Intelligence community.--The term ``intelligence 
        community'' has the meaning given such term under section 3(4) 
        of the National Security Act of 1947 (50 U.S.C. 401a(4)).
            (9) Privileged belligerent.--The term ``privileged 
        belligerent'' means an individual belonging to one of the eight 
        categories enumerated in Article 4 of the Geneva Convention 
        Relative to the Treatment of Prisoners of War.
            (10) Unprivileged enemy belligerent.--The term 
        ``unprivileged enemy belligerent'' means an individual (other 
        than a privileged belligerent) who--
                    (A) has engaged in hostilities against the United 
                States or its coalition partners;
                    (B) has purposely and materially supported 
                hostilities against the United States or its coalition 
                partners; or
                    (C) was a part of al Qaeda at the time of capture.

SEC. 7. EFFECTIVE DATE.

    This Act shall take effect on the date of the enactment of this 
Act, and shall apply with respect to individuals who are captured or 
otherwise come into the custody or under the effective control of the 
United States on or after that date.
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