I 
111TH CONGRESS 
2D SESSION 
H. R. 4892 
To provide for the interrogation and detention of enemy belligerents who 
commit hostile acts against the United States, to establish certain limita-
tions on the prosecution of such belligerents for such acts, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 19, 2010 
Mr. MCKEON introduced the following bill; which was referred to the Select 
Committee on Intelligence (Permanent Select), and in addition to the 
Committees on Armed Services and the Judiciary, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide for the interrogation and detention of enemy 
belligerents who commit hostile acts against the United 
States, to establish certain limitations on the prosecution 
of such belligerents for such acts, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Enemy Belligerent In-
terrogation, Detention, and Prosecution Act of 2010’’. 
VerDate Nov 24 2008 
21:12 Mar 22, 2010
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4892.IH
H4892
srobinson on DSKHWCL6B1PROD with BILLS
SEC. 2. PLACEMENT OF SUSPECTED UNPRIVILEGED ENEMY 
BELLIGERENTS IN MILITARY CUSTODY. 
(a) MILITARY CUSTODY REQUIREMENT.—Whenever 
within the United States, its territories, and possessions, 
or outside the territorial limits of the United States, an 
individual is captured or otherwise comes into the custody 
or under the effective control of the United States who 
is suspected of engaging in hostilities against the United 
States or its coalition partners through an act of ter-
rorism, or by other means in violation of the laws of war, 
or of purposely and materially supporting such hostilities, 
and who may be an unprivileged enemy belligerent, the 
individual shall be placed in military custody for purposes 
of initial interrogation and determination of status in ac-
cordance with the provisions of this Act. 
(b) DELAY
FOR INTELLIGENCE ACTIVITIES.—The 
Secretary of Defense and the Director of National Intel-
ligence may, after giving due consideration to operational 
needs and requirements to avoid compromise or disclosure 
of an intelligence mission or intelligence sources or meth-
ods, jointly authorize an element of the intelligence com-
munity that has initially captured an individual who may 
be an unprivileged enemy belligerent or otherwise taken 
such individual into custody or placed such individual 
under the effective control of the United States to hold, 
interrogate, or transport such individual. Such individual, 
VerDate Nov 24 2008 
21:12 Mar 22, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4892.IH
H4892
srobinson on DSKHWCL6B1PROD with BILLS
if retained by the United States following that authoriza-
tion, shall subsequently be placed into military custody in 
accordance with subsection (a). 
SEC. 3. INTERROGATION AND DETERMINATION OF STATUS 
OF SUSPECTED UNPRIVILEGED ENEMY BEL-
LIGERENTS. 
(a) INTERROGATION OF HIGH-VALUE DETAINEES.— 
(1) IN GENERAL.—The Director of National In-
telligence shall, in consultation with the heads of de-
partments and agencies of the United States Gov-
ernment containing elements of the intelligence com-
munity, the Director of the Central Intelligence 
Agency, and the Director of the Federal Bureau of 
Investigation— 
(A) coordinate the interrogation of high- 
value detainees and individuals who are not in 
the custody or under the effective control of the 
United States, but otherwise meet the definition 
of a high-value detainee under subsection (c); 
(B) coordinate the preliminary determina-
tions with respect to whether or not high-value 
detainees are unprivileged enemy belligerents; 
(C) be responsible for any interagency 
group— 
VerDate Nov 24 2008 
21:12 Mar 22, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4892.IH
H4892
srobinson on DSKHWCL6B1PROD with BILLS
(i) conducting an interrogation of a 
high-value detainee or individual who is 
not in the custody or under the effective 
control of the United States, but otherwise 
meets the definition of a high-value de-
tainee under subsection (c); and 
(ii) making a preliminary determina-
tion with respect to whether or not the de-
tainee is an unprivileged enemy belligerent; 
and 
(D) before an officer or employee of the 
Federal Government provides the warnings of 
constitutional rights described in Miranda vs. 
Arizona, 384 U.S. 436 (U.S. 1966) to a high- 
value detainee who is suspected of terrorism, 
associated with terrorists, or believed to have 
knowledge of terrorists and who is captured, 
held, or questioned by a department or agency 
that is or contains an element of the intel-
ligence community, approve the providing of 
such warnings to such high-value detainee. 
(2) LIMITATION.—Paragraph (1) shall not 
apply with respect to a detainee who is captured on 
the battlefield by the Armed Forces of the United 
States, unless the Director of National Intelligence 
VerDate Nov 24 2008 
21:12 Mar 22, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4892.IH
H4892
srobinson on DSKHWCL6B1PROD with BILLS
determines that such detainee is a high-value de-
tainee. 
(3) CERTAIN DELEGATIONS PROHIBITED.—The 
Director of National Intelligence may not delegate 
the authority to approve the providing of warnings 
under paragraph (1)(D). 
(4) PRELIMINARY
DETERMINATION
WITH
RE-
SPECT TO HIGH-VALUE DETAINEES.—A determina-
tion under paragraph (1)(B) shall be based on all in-
telligence information available. The Director of Na-
tional Intelligence shall submit each such determina-
tion to the Secretary of Defense and the Attorney 
General. 
(5) PARAMOUNT
PURPOSE
OF
INTERROGA-
TIONS.—An interrogation conducted in accordance 
with this section shall be conducted in a manner to 
accomplish the paramount purpose of protecting 
United States civilians and United States civilian fa-
cilities through thorough and professional interroga-
tion for intelligence purposes. 
(b) DETERMINATIONS OF STATUS.— 
(1) FINAL DETERMINATION.—The Director of 
National Intelligence, the Secretary of Defense, and 
the Attorney General shall jointly submit to the 
President and to the appropriate committees of Con-
VerDate Nov 24 2008 
21:12 Mar 22, 2010
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4892.IH
H4892
srobinson on DSKHWCL6B1PROD with BILLS
gress a final determination as to whether or not a 
high-value detainee for which a preliminary deter-
mination of status has been made under subsection 
(a)(1)(B) or (a)(1)(C)(ii) is an unprivileged enemy 
belligerent for purposes of this Act. In the event of 
a disagreement between the Director of National In-
telligence, the Secretary of Defense, and the Attor-
ney General, the President shall make the final de-
termination. 
(2) DEADLINE FOR DETERMINATIONS.—All ac-
tions required regarding a high-value detainee under 
this subsection shall be completed as soon as prac-
ticable, consistent with intelligence collection require-
ments, after the detainee is placed in military cus-
tody under section 2. 
(3) CRITERIA FOR DESIGNATION OF INDIVID-
UALS AS HIGH-VALUE DETAINEES.—The criteria for 
designating an individual as a high-value detainee 
based on the following: 
(A) The potential threat the individual 
poses for an attack on civilians or civilian facili-
ties within the United States or upon United 
States citizens or United States civilian facili-
ties abroad at the time of capture or when com-
VerDate Nov 24 2008 
21:12 Mar 22, 2010
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4892.IH
H4892
srobinson on DSKHWCL6B1PROD with BILLS
ing under the custody or control of the United 
States. 
(B) The potential threat the individual 
poses to United States military personnel or 
United States military facilities at the time of 
capture or when coming under the custody or 
control of the United States. 
(C) The potential intelligence value of the 
individual. 
(D) Membership in al Qaeda, a terrorist 
group affiliated with al Qaeda, or any other or-
ganization designated by the Secretary of State 
as a foreign terrorist organization in accordance 
with section 219 of the Immigration and Na-
tionality Act (8 U.S.C. 1189). 
(E) Such other matters as the President 
considers appropriate. 
(c) HIGH-VALUE DETAINEE DEFINED.—In this sec-
tion, the term ‘‘high-value detainee’’ means an individual 
placed in military custody under section 2 that meets cri-
teria for designating an individual as a high-value detainee 
based on the criteria referred to in subsection (b)(3), as 
determined by the Secretary of Defense. 
VerDate Nov 24 2008 
21:12 Mar 22, 2010
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4892.IH
H4892
srobinson on DSKHWCL6B1PROD with BILLS
SEC. 
4. 
LIMITATION 
ON 
PROSECUTION 
OF 
ALIEN 
UNPRIVILEGED ENEMY BELLIGERENTS. 
(a) LIMITATION.—No funds appropriated or other-
wise made available to the Department of Justice may be 
used to prosecute in an Article III court in the United 
States, or in any territory or possession of the United 
States, any alien who has been determined to be an 
unprivileged enemy belligerent under section 3(b)(1). 
(b) APPLICABILITY PENDING FINAL DETERMINA-
TION OF STATUS.—While a final determination on the sta-
tus of an alien high-value detainee is pending under sec-
tion 3(b)(1), the alien shall be treated as an unprivileged 
enemy belligerent for purposes of subsection (a). 
SEC. 5. DETENTION WITHOUT TRIAL OF UNPRIVILEGED 
ENEMY BELLIGERENTS. 
An individual, including a citizen of the United 
States, determined to be an unprivileged enemy belligerent 
under section 3(b)(1) in a manner which satisfies Article 
5 of the Geneva Convention Relative to the Treatment of 
Prisoners of War may be detained without criminal 
charges and without trial for the duration of hostilities 
against the United States or its coalition partners in which 
the individual has engaged, or which the individual has 
purposely and materially supported, consistent with the 
law of war and any authorization for the use of military 
force provided by Congress pertaining to such hostilities. 
VerDate Nov 24 2008 
21:12 Mar 22, 2010
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4892.IH
H4892
srobinson on DSKHWCL6B1PROD with BILLS
SEC. 6. DEFINITIONS. 
In this Act: 
(1) ACT OF TERRORISM.—The term ‘‘act of ter-
rorism’’ means an act of terrorism as that term is 
defined in section 101(16) of the Homeland Security 
Act of 2002 (6 U.S.C. 101(16)). 
(2) ALIEN.—The term ‘‘alien’’ means an indi-
vidual who is not a citizen of the United States. 
(3) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Homeland Security and Govern-
mental Affairs, the Committee on the Judiciary, 
and the Select Committee on Intelligence of the 
Senate; and 
(B) the Committee on Armed Services, the 
Committee on Homeland Security, the Com-
mittee on the Judiciary, and the Permanent Se-
lect Committee on Intelligence of the House of 
Representatives. 
(4) ARTICLE III COURT.—The term ‘‘Article III 
court’’ means a court of the United States estab-
lished under Article III of the Constitution of the 
United States. 
VerDate Nov 24 2008 
21:12 Mar 22, 2010
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4892.IH
H4892
srobinson on DSKHWCL6B1PROD with BILLS
(5) COALITION PARTNER.—The term ‘‘coalition 
partner’’, with respect to hostilities engaged in by 
the United States, means any State or armed force 
directly engaged along with the United States in 
such hostilities or providing direct operational sup-
port to the United States in connection with such 
hostilities. 
(6) GENEVA CONVENTION RELATIVE TO THE 
TREATMENT
OF
PRISONERS
OF
WAR.—The term 
‘‘Geneva Convention Relative to the Treatment of 
Prisoners of War’’ means the Geneva Convention 
Relative to the Treatment of Prisoners of War, done 
at Geneva August 12, 1949 (6 UST 3316). 
(7) 
HOSTILITIES.—The 
term 
‘‘hostilities’’ 
means any conflict subject to the laws of war, and 
includes a deliberate attack upon civilians and civil-
ian targets protected by the laws of war. 
(8) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given 
such term under section 3(4) of the National Secu-
rity Act of 1947 (50 U.S.C. 401a(4)). 
(9) PRIVILEGED
BELLIGERENT.—The term 
‘‘privileged belligerent’’ means an individual belong-
ing to one of the eight categories enumerated in Ar-
VerDate Nov 24 2008 
21:12 Mar 22, 2010
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4892.IH
H4892
srobinson on DSKHWCL6B1PROD with BILLS
ticle 4 of the Geneva Convention Relative to the 
Treatment of Prisoners of War. 
(10) UNPRIVILEGED
ENEMY
BELLIGERENT.— 
The term ‘‘unprivileged enemy belligerent’’ means an 
individual (other than a privileged belligerent) who— 
(A) has engaged in hostilities against the 
United States or its coalition partners; 
(B) has purposely and materially sup-
ported hostilities against the United States or 
its coalition partners; or 
(C) was a part of al Qaeda at the time of 
capture. 
SEC. 7. EFFECTIVE DATE. 
This Act shall take effect on the date of the enact-
ment of this Act, and shall apply with respect to individ-
uals who are captured or otherwise come into the custody 
or under the effective control of the United States on or 
after that date. 
Æ 
VerDate Nov 24 2008 
21:12 Mar 22, 2010
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H4892.IH
H4892
srobinson on DSKHWCL6B1PROD with BILLS