II 

112TH CONGRESS 

1ST SESSION S. 614 

To require the Attorney General to consult with appropriate officials within 

the executive branch prior to making the decision to try an unprivileged 

enemy belligerent in Federal civilian court. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17, 2011 

Ms. COLLINS (for herself and Mr. LIEBERMAN) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To require the Attorney General to consult with appropriate 

officials within the executive branch prior to making 

the decision to try an unprivileged enemy belligerent 

in Federal civilian court. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Securing Terrorist In5 telligence Act’’. 

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1 SEC. 2. CONSULTATION REQUIREMENT. 

2 (a) IN GENERAL.—Subject to subsection (b), no ac3 tion shall be taken by the Attorney General, or any officer 

4 or employee of the Department of Justice, to— 

5 (1) initiate a custodial interrogation of; or 

6 (2) file a civilian criminal complaint, informa7 tion, or indictment against; 

8 any foreign person detained by the United States Govern9 ment because they may have engaged in conduct consti10 tuting an act of war against the United States, terrorism, 

11 or material support to terrorists, or activities in prepara12 tion therefor. 

13 (b) CONSULTATION.— 

14 (1) IN GENERAL.—Subject to paragraph (2), 

15 the Attorney General shall consult with the Director 

16 of National Intelligence, the Director of the National 

17 Counterterrorism Center, the Secretary of Homeland 

18 Security, and the Secretary of Defense prior to tak19 ing any action identified in subsection (a). 

20 (2) PRESIDENTIAL DIRECTION.—If, following 

21 consultation under paragraph (1), the Director of 

22 National Intelligence, the Director of the National 

23 Counterterrorism Center, the Secretary of Homeland 

24 Security, or the Secretary of Defense believe that 

25 any action identified in subsection (a) and proposed 

26 by the Attorney General may prevent the collection 

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1 of intelligence related to terrorism or threats of vio2 lence against the United States or its citizens, the 

3 Attorney General may not initiate such action with4 out specific direction from the President. 

5 (c) ANNUAL REPORT.—The Attorney General shall 

6 report annually to appropriate committees of jurisdiction 

7 regarding the number of occasions on which direction was 

8 sought from the President under subsection (b)(2) and the 

9 number of times, on those occasions, that the President 

10 directed actions identified in section (a) against such for11 eign person. 

12 (d) DEFINITIONS.—In this section: 

13 (1) APPROPRIATE COMMITTEES OF JURISDIC14 TION.—The term ‘‘appropriate committees of juris15 diction’’ shall include— 

16 (A) the Committee on Homeland Security 

17 and Governmental Affairs of the Senate; 

18 (B) the Committee on Homeland Security 

19 of the House of Representatives; 

20 (C) the Select Committee on Intelligence of 

21 the Senate; 

22 (D) the Permanent Select Committee on 

23 Intelligence of the House of Representatives; 

24 and 

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1 (E) the Committees on Armed Services 

2 and Judiciary of the Senate and the Commit3 tees on Armed Services and Judiciary of the 

4 House of Representatives. 

5 (2) ACT OF WAR, TERRORISM, MATERIAL SUP6 PORT TO TERRORISTS.—The terms ‘‘act of war’’, 

7 ‘‘terrorism’’, and ‘‘material support to terrorists’’ 

8 shall have the meanings given such terms in title 18, 

9 United States Code. 

10 (e) SAVINGS CLAUSE.—Nothing in this section shall 

11 prevent the Attorney General, or any officer or employee 

12 of the Department of Justice, from apprehending or de13 taining an individual as authorized by the Constitution or 

14 laws of the United States except to the extent that activi15 ties incident to such apprehension or detention are specifi16 cally identified in subsection (a). 

Æ 

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