1.This Act may be cited as
the Effective Interrogation of
Unprivileged Enemy Belligerents Act
.
2.Procedures for
interrogation of certain terrorist detaineesThe 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:
1005A.Procedures
for interrogation of certain terrorist detainees
(a)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)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)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 CongressThe 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)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)In
this section:
(1)Appropriate
committees of CongressThe 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)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)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 belligerentThe term unprivileged enemy
belligerent has the meaning given that term in section 2256(a) of title
28, United States
Code.
.