S 548

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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