S. 2943

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.

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II

111th CONGRESS

2d Session

S. 2943

IN THE SENATE OF THE UNITED STATES

January 21, 2010

Ms. Collins (for herself, Mr. Lieberman, Mr. Bennett, Mr. Ensign, and Mr. Bond) 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.

Consultation requirement

(a)

In general

Subject to subsection (b), no action shall be taken by the Attorney General, or any officer or employee of the Department of Justice, to—

(1)

initiate a custodial interrogation of; or

(2)

file a civilian criminal complaint, information, or indictment against;

any foreign person detained by the United States Government because they may have engaged in conduct constituting an act of war against the United States, terrorism, or material support to terrorists, or activities in preparation therefor.
(b)

Consultation

(1)

In general

Subject to paragraph (2), the Attorney General shall consult with the Director of National Intelligence, the Director of the National Counterterrorism Center, the Secretary of Homeland Security, and the Secretary of Defense prior to taking any action identified in subsection (a).

(2)

Presidential direction

If, following consultation under paragraph (1), the Director of National Intelligence, the Director of the National Counterterrorism Center, the Secretary of Homeland Security, or the Secretary of Defense believe that any action identified in subsection (a) and proposed by the Attorney General may prevent the collection of intelligence related to terrorism or threats of violence against the United States or its citizens, the Attorney General may not initiate such action without specific direction from the President.

(c)

Annual report

The Attorney General shall report annually to appropriate committees of jurisdiction regarding the number of occasions on which direction was sought from the President under subsection (b)(2) and the number of times, on those occasions, that the President directed actions identified in section (a) against such foreign person.

(d)

Definitions

In this section:

(1)

Appropriate committees of jurisdiction

The term appropriate committees of jurisdiction shall include—

(A)

the Committee on Homeland Security and Governmental Affairs of the Senate;

(B)

the Committee on Homeland Security of the House of Representatives;

(C)

the Select Committee on Intelligence of the Senate;

(D)

the Permanent Select Committee on Intelligence of the House of Representatives; and

(E)

the Committees on Armed Services and Judiciary of the Senate and the Committees on Armed Services and Judiciary of the House of Representatives.

(2)

Act of war, terrorism, material support to terrorists

The terms act of war, terrorism, and material support to terrorists shall have the meanings given such terms in title 18, United States Code.

(e)

Savings clause

Nothing in this section shall prevent the Attorney General, or any officer or employee of the Department of Justice, from apprehending or detaining an individual as authorized by the Constitution or laws of the United States except to the extent that activities incident to such apprehension or detention are specifically identified in subsection (a).