II 

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. 

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 ‘‘Effective Interrogation 

5 of Unprivileged Enemy Belligerents Act’’. 

6 SEC. 2. PROCEDURES FOR INTERROGATION OF CERTAIN 

7 TERRORIST DETAINEES. 

8 The Detainee Treatment Act of 2005 (title X of Pub9 lic Law 109–148; 119 Stat. 2739) is amended by inserting 

10 after section 1005 the following new section: 


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1 ‘‘SEC. 1005A. PROCEDURES FOR INTERROGATION OF CER2 TAIN TERRORIST DETAINEES. 

3 ‘‘(a) IN GENERAL.—Not later than 90 days after the 

4 date of enactment of the Effective Interrogation of 

5 Unprivileged Enemy Belligerents Act, the Secretary of De6 fense, the Director of National Intelligence, and the Attor7 ney General, shall jointly submit to the appropriate com8 mittees of Congress procedures for the interrogation of 

9 unprivileged enemy belligerents who are suspected of pos10 sessing significant information and who are under— 

11 ‘‘(1) the control or custody of the United 

12 States; or 

13 ‘‘(2) the control and custody of a foreign gov14 ernment, entity, or law enforcement or intelligence 

15 agency that is providing access to the United States 

16 for the purpose of interrogation of such unprivileged 

17 enemy belligerents. 

18 ‘‘(b) ELEMENTS OF PROCEDURES.—The procedures 

19 required by this section shall— 

20 ‘‘(1) provide for the creation of an entity com21 posed of representatives of the Federal Bureau of 

22 Investigation, the Central Intelligence Agency, De23 fense Intelligence Agency, and any other appropriate 

24 element of the intelligence community or Depart25 ment of Defense, that shall have primary responsi26 bility for the interrogation of unprivileged enemy 


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1 belligerents who are suspected of possessing signifi2 cant information; 

3 ‘‘(2) specify the criteria and process by which 

4 the intelligence community determines, at any time 

5 prior to initiating an interrogation under this sec6 tion, that an unprivileged enemy belligerent is sus7 pected of possessing significant information; 

8 ‘‘(3) include a presumption that the entity cre9 ated under paragraph (1) shall interrogate 

10 unprivileged enemy belligerents who are suspected of 

11 possessing significant information, regardless of 

12 place of capture, unless a determination that specific 

13 security, operational, or logistical concerns prevent 

14 the deployment or use of such entity is made— 

15 ‘‘(A) with respect to an unprivileged enemy 

16 belligerent located inside the United States, by 

17 the Director of the Federal Bureau of Inves18 tigation; or 

19 ‘‘(B) with respect to an unprivileged enemy 

20 belligerent located outside the United States, by 

21 the Director of the Central Intelligence Agency, 

22 in consultation with the Director of the Defense 

23 Intelligence Agency; 

24 ‘‘(4) include the process by which an individual 

25 in the custody of a Federal, State, or local law enVerDate Mar 15 2010 03:43 Mar 11, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S548.IS S548

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1 forcement agency or a department or agency of the 

2 United States who is suspected of possessing signifi3 cant information may be designated at any time as 

4 an unprivileged enemy belligerent and transferred 

5 immediately to the custody of the Secretary of De6 fense for interrogation consistent with the proce7 dures established under this section, including a 

8 process for the designation of responsibilities for 

9 managing and coordinating the logistics of detainee 

10 transport; 

11 ‘‘(5) include the process by which the entity 

12 created under paragraph (1)— 

13 ‘‘(A) shall have full and complete access to 

14 an unprivileged enemy belligerent subject to in15 terrogation under this section who is under the 

16 control or custody of the United States, regard17 less of place of capture, including procedures 

18 for the transfer, if necessary, of such detainee 

19 to the custody of the Department of Defense 

20 for purposes of interrogation; and 

21 ‘‘(B) may request appropriate access to an 

22 unprivileged enemy belligerent subject to inter23 rogation under this section who is under the 

24 control or custody of a foreign government, en25 tity, or law enforcement or intelligence agency; 


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1 ‘‘(6) provide that obtaining timely and action2 able intelligence shall have priority over the interests 

3 of criminal prosecution, including a strong presump4 tion against providing access to or allowing the pres5 ence of counsel during any interrogation of an 

6 unprivileged enemy belligerent under this section 

7 conducted for the purpose of intelligence collection; 

8 ‘‘(7) provide that, upon conclusion of interroga9 tion under this section of an unprivileged enemy bel10 ligerent who is under the control or custody of the 

11 United States, the Secretary of Defense, in consulta12 tion with the Attorney General and the Director of 

13 National Intelligence, shall determine the status and 

14 disposition of such individual; and 

15 ‘‘(8) provide that exceptions to the procedures 

16 required by this section may only be authorized— 

17 ‘‘(A) with respect to an unprivileged enemy 

18 belligerent located inside the United States, by 

19 the Director of the Federal Bureau of Inves20 tigation; or 

21 ‘‘(B) with respect to an unprivileged enemy 

22 belligerent located outside the United States, by 

23 the Director of the Central Intelligence Agency, 

24 in consultation with the Director of the Defense 

25 Intelligence Agency. 


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1 ‘‘(c) IDENTIFICATION.—Not later than 180 days 

2 after the date of enactment of the Effective Interrogation 

3 of Unprivileged Enemy Belligerents Act, and every 180 

4 days thereafter, the Director of National Intelligence shall 

5 provide to the Select Committee on Intelligence of the Sen6 ate and the Permanent Select Committee on Intelligence 

7 of the House of Representatives the identities of any 

8 unprivileged enemy belligerents who, during such period, 

9 have been— 

10 ‘‘(1) interrogated pursuant to this section; or 

11 ‘‘(2) determined by the intelligence community 

12 under subsection (b)(2) to meet the requirements for 

13 interrogation pursuant to this section. 

14 ‘‘(d) MODIFICATION OF PROCEDURES.— 

15 ‘‘(1) SUBMISSION TO APPROPRIATE COMMIT16 TEES OF CONGRESS.—The Secretary of Defense, in 

17 coordination with the Director of National Intel18 ligence and the Attorney General, shall submit to 

19 the appropriate committees of Congress any modi20 fication of the procedures submitted under this sec21 tion not later than 60 days before the date on which 

22 such modification becomes effective. 

23 ‘‘(2) NOTIFICATION.—If during the course of, 

24 or prior to, the conduct of an interrogation of an 

25 unprivileged enemy belligerent, an exception to the 


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1 procedures submitted under this section is author2 ized under subsection (b), the Secretary of Defense, 

3 in coordination with the Director of National Intel4 ligence and the Attorney General, shall notify the 

5 appropriate committees of Congress within ten days 

6 of such authorization. 

7 ‘‘(e) DEFINITIONS.—In this section: 

8 ‘‘(1) APPROPRIATE COMMITTEES OF CON9 GRESS.—The term ‘appropriate committees of Con10 gress’ means— 

11 ‘‘(A) the Committee on Armed Services, 

12 the Committee on the Judiciary, and the Select 

13 Committee on Intelligence of the Senate; and 

14 ‘‘(B) the Committee on Armed Services, 

15 the Committee on the Judiciary, and the Per16 manent Select Committee on Intelligence of the 

17 House of Representatives. 

18 ‘‘(2) INTELLIGENCE COMMUNITY.—The term 

19 ‘intelligence community’ has the meaning given that 

20 term in section 3(4) of the National Security Act of 

21 1947 (50 U.S.C. 401a(4)). 

22 ‘‘(3) INTERROGATION.—The term ‘interroga23 tion’ includes custodial debriefings of unprivileged 

24 enemy belligerents who are suspected of possessing 


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1 significant information conducted for the purpose of 

2 intelligence collection. 

3 ‘‘(4) UNPRIVILEGED ENEMY BELLIGERENT.— 

4 The term ‘unprivileged enemy belligerent’ has the 

5 meaning given that term in section 2256(a) of title 

6 28, United States Code.’’. 

Æ 


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