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Constitution, Civil Rights, and Civil JusticeCommittee on Armed ServicesCommittee on the JudiciaryIntroducedMarch 19th, 2010
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Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010
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.
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.