[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 548 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 548

   To provide for the effective interrogation of unprivileged enemy 
                  belligerents and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 10, 2011

Mr. Chambliss (for himself, Mr. Graham, Ms. Ayotte, Mr. McCain, and Mr. 
Burr) introduced the following bill; which was read twice and referred 
                to the Select Committee on Intelligence

_______________________________________________________________________

                                 A BILL


 
   To provide for the effective interrogation of unprivileged enemy 
                  belligerents 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 ``Effective Interrogation of 
Unprivileged Enemy Belligerents Act''.

SEC. 2. PROCEDURES FOR INTERROGATION OF CERTAIN TERRORIST DETAINEES.

    The Detainee Treatment Act of 2005 (title X of Public Law 109-148; 
119 Stat. 2739) is amended by inserting after section 1005 the 
following new section:

``SEC. 1005A. PROCEDURES FOR INTERROGATION OF CERTAIN TERRORIST 
              DETAINEES.

    ``(a) In General.--Not later than 90 days after the date of 
enactment of the Effective Interrogation of Unprivileged Enemy 
Belligerents Act, the Secretary of Defense, the Director of National 
Intelligence, and the Attorney General, shall jointly submit to the 
appropriate committees of Congress procedures for the interrogation of 
unprivileged enemy belligerents who are suspected of possessing 
significant information and who are under--
            ``(1) the control or custody of the United States; or
            ``(2) the control and custody of a foreign government, 
        entity, or law enforcement or intelligence agency that is 
        providing access to the United States for the purpose of 
        interrogation of such unprivileged enemy belligerents.
    ``(b) Elements of Procedures.--The procedures required by this 
section shall--
            ``(1) provide for the creation of an entity composed of 
        representatives of the Federal Bureau of Investigation, the 
        Central Intelligence Agency, Defense Intelligence Agency, and 
        any other appropriate element of the intelligence community or 
        Department of Defense, that shall have primary responsibility 
        for the interrogation of unprivileged enemy belligerents who 
        are suspected of possessing significant information;
            ``(2) specify the criteria and process by which the 
        intelligence community determines, at any time prior to 
        initiating an interrogation under this section, that an 
        unprivileged enemy belligerent is suspected of possessing 
        significant information;
            ``(3) include a presumption that the entity created under 
        paragraph (1) shall interrogate unprivileged enemy belligerents 
        who are suspected of possessing significant information, 
        regardless of place of capture, unless a determination that 
        specific security, operational, or logistical concerns prevent 
        the deployment or use of such entity is made--
                    ``(A) with respect to an unprivileged enemy 
                belligerent located inside the United States, by the 
                Director of the Federal Bureau of Investigation; or
                    ``(B) with respect to an unprivileged enemy 
                belligerent located outside the United States, by the 
                Director of the Central Intelligence Agency, in 
                consultation with the Director of the Defense 
                Intelligence Agency;
            ``(4) include the process by which an individual in the 
        custody of a Federal, State, or local law enforcement agency or 
        a department or agency of the United States who is suspected of 
        possessing significant information may be designated at any 
        time as an unprivileged enemy belligerent and transferred 
        immediately to the custody of the Secretary of Defense for 
        interrogation consistent with the procedures established under 
        this section, including a process for the designation of 
        responsibilities for managing and coordinating the logistics of 
        detainee transport;
            ``(5) include the process by which the entity created under 
        paragraph (1)--
                    ``(A) shall have full and complete access to an 
                unprivileged enemy belligerent subject to interrogation 
                under this section who is under the control or custody 
                of the United States, regardless of place of capture, 
                including procedures for the transfer, if necessary, of 
                such detainee to the custody of the Department of 
                Defense for purposes of interrogation; and
                    ``(B) may request appropriate access to an 
                unprivileged enemy belligerent subject to interrogation 
                under this section who is under the control or custody 
                of a foreign government, entity, or law enforcement or 
                intelligence agency;
            ``(6) provide that obtaining timely and actionable 
        intelligence shall have priority over the interests of criminal 
        prosecution, including a strong presumption against providing 
        access to or allowing the presence of counsel during any 
        interrogation of an unprivileged enemy belligerent under this 
        section conducted for the purpose of intelligence collection;
            ``(7) provide that, upon conclusion of interrogation under 
        this section of an unprivileged enemy belligerent who is under 
        the control or custody of the United States, the Secretary of 
        Defense, in consultation with the Attorney General and the 
        Director of National Intelligence, shall determine the status 
        and disposition of such individual; and
            ``(8) provide that exceptions to the procedures required by 
        this section may only be authorized--
                    ``(A) with respect to an unprivileged enemy 
                belligerent located inside the United States, by the 
                Director of the Federal Bureau of Investigation; or
                    ``(B) with respect to an unprivileged enemy 
                belligerent located outside the United States, by the 
                Director of the Central Intelligence Agency, in 
                consultation with the Director of the Defense 
                Intelligence Agency.
    ``(c) Identification.--Not later than 180 days after the date of 
enactment of the Effective Interrogation of Unprivileged Enemy 
Belligerents Act, and every 180 days thereafter, the Director of 
National Intelligence shall provide to the Select Committee on 
Intelligence of the Senate and the Permanent Select Committee on 
Intelligence of the House of Representatives the identities of any 
unprivileged enemy belligerents who, during such period, have been--
            ``(1) interrogated pursuant to this section; or
            ``(2) determined by the intelligence community under 
        subsection (b)(2) to meet the requirements for interrogation 
        pursuant to this section.
    ``(d) Modification of Procedures.--
            ``(1) Submission to appropriate committees of congress.--
        The Secretary of Defense, in coordination with the Director of 
        National Intelligence and the Attorney General, shall submit to 
        the appropriate committees of Congress any modification of the 
        procedures submitted under this section not later than 60 days 
        before the date on which such modification becomes effective.
            ``(2) Notification.--If during the course of, or prior to, 
        the conduct of an interrogation of an unprivileged enemy 
        belligerent, an exception to the procedures submitted under 
        this section is authorized under subsection (b), the Secretary 
        of Defense, in coordination with the Director of National 
        Intelligence and the Attorney General, shall notify the 
        appropriate committees of Congress within ten days of such 
        authorization.
    ``(e) Definitions.--In this section:
            ``(1) Appropriate committees of congress.--The term 
        `appropriate committees of Congress' means--
                    ``(A) the Committee on Armed Services, the 
                Committee on the Judiciary, and the Select Committee on 
                Intelligence of the Senate; and
                    ``(B) the Committee on Armed Services, the 
                Committee on the Judiciary, and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives.
            ``(2) Intelligence community.--The term `intelligence 
        community' has the meaning given that term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 401a(4)).
            ``(3) Interrogation.--The term `interrogation' includes 
        custodial debriefings of unprivileged enemy belligerents who 
        are suspected of possessing significant information conducted 
        for the purpose of intelligence collection.
            ``(4) Unprivileged enemy belligerent.--The term 
        `unprivileged enemy belligerent' has the meaning given that 
        term in section 2256(a) of title 28, United States Code.''.
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