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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Enemy Belligerent Interrogation,
Detention, and Prosecution Act of 2010''.

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 terrorism, 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
accordance with the provisions of this Act.
(b) Delay for Intelligence Activities.--The Secretary of Defense
and the Director of National Intelligence may, after giving due
consideration to operational needs and requirements to avoid compromise
or disclosure of an intelligence mission or intelligence sources or
methods, jointly authorize an element of the intelligence community
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, if
retained by the United States following that authorization, shall
subsequently be placed into military custody in accordance with
subsection (a).

SEC. 3. INTERROGATION AND DETERMINATION OF STATUS OF SUSPECTED
UNPRIVILEGED ENEMY BELLIGERENTS.

(a) Interrogation of High-Value Detainees.--
(1) In general.--The Director of National Intelligence
shall, in consultation with the heads of departments and
agencies of the United States Government containing elements of
the intelligence community, 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 determinations with
respect to whether or not high-value detainees are
unprivileged enemy belligerents;
(C) be responsible for any interagency group--
(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 detainee under
subsection (c); and
(ii) making a preliminary determination
with respect to whether or not the detainee 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 intelligence 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 determines that such detainee is a high-value
detainee.
(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 respect to high-value
detainees.--A determination under paragraph (1)(B) shall be
based on all intelligence information available. The Director
of National Intelligence shall submit each such determination
to the Secretary of Defense and the Attorney General.
(5) Paramount purpose of interrogations.--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 facilities
through thorough and professional interrogation 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 Congress a final determination as to
whether or not a high-value detainee for which a preliminary
determination 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 Intelligence, the Secretary of
Defense, and the Attorney General, the President shall make the
final determination.
(2) Deadline for determinations.--All actions required
regarding a high-value detainee under this subsection shall be
completed as soon as practicable, consistent with intelligence
collection requirements, after the detainee is placed in
military custody under section 2.
(3) Criteria for designation of individuals 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 facilities within
the United States or upon United States citizens or
United States civilian facilities abroad at the time of
capture or when coming 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 organization
designated by the Secretary of State as a foreign
terrorist organization in accordance with section 219
of the Immigration and Nationality Act (8 U.S.C. 1189).
(E) Such other matters as the President considers
appropriate.
(c) High-Value Detainee Defined.--In this section, the term ''high-
value detainee'' means an individual placed in military custody under
section 2 that meets criteria 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.

SEC. 4. LIMITATION ON PROSECUTION OF ALIEN UNPRIVILEGED ENEMY
BELLIGERENTS.

(a) Limitation.--No funds appropriated or otherwise 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 Determination of Status.--While a
final determination on the status of an alien high-value detainee is
pending under section 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.

SEC. 6. DEFINITIONS.

In this Act:
(1) Act of terrorism.--The term ''act of terrorism'' 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 individual who is
not a citizen of the United States.
(3) Appropriate committees of congress.--The term
''appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Homeland Security and Governmental 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 Committee on the Judiciary,
and the Permanent Select Committee on Intelligence of
the House of Representatives.
(4) Article iii court.--The term ''Article III court''
means a court of the United States established under Article
III of the Constitution of the United States.
(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 support 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 civilian 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 Security Act of 1947 (50 U.S.C. 401a(4)).
(9) Privileged belligerent.--The term ''privileged
belligerent'' means an individual belonging to one of the eight
categories enumerated in Article 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 supported
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 enactment of this
Act, and shall apply with respect to individuals who are captured or
otherwise come into the custody or under the effective control of the
United States on or after that date.
Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010 - Requires an individual who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism and who may be an unprivileged enemy belligerent to be placed in military custody for purposes of initial interrogation and determination of status. Defines "unprivileged enemy belligerent" as an individual who: (1) has engaged in hostilities against the United States or its coalition partners; (2) has purposely and materially supported hostilities against the United States or its coalition partners; or (3) was a part of al Qaeda at the time of capture. Authorizes the Secretary of Defense and the Director of National Intelligence to hold, interrogate, or transport an unprivileged enemy belligerent to avoid compromising intelligence activities.

Requires the Director of National Intelligence, in consultation with members of the intelligence community, the Director of the Central Intelligence Agency (CIA), and the Federal Bureau of Investigation (FBI), to coordinate the interrogation and status determination of high value detainees. Designates certain individuals held in military custody as "high value detainees," based upon the potential threat such individuals pose for an attack on the United States, its civilians, or military personnel, the potential intelligence value of such individuals, or membership in al Qaeda, an affiliated terrorist group, or any other designated terrorist organization. Deems as the paramount purpose of such interrogations the protection of U.S. civilians and facilities through thorough and professional interrogation for intelligence purposes.

Prohibits the use of Department of Justice (DOJ) appropriated funds to prosecute an unprivileged enemy belligerent in an Article III court.

Allows the detention of an unprivileged enemy belligerent without criminal charges or trial for the duration of hostilities against the United States or its coalition partners in which such enemy belligerent has engaged or which the individual has purposely and materially supported.