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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.
3/4/2010--Introduced. 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. Allows the detention and interrogation of such individuals for a reasonable time after capture or coming into custody. 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 President to establish an interagency team composed of executive branch personnel with expertise in national security, terrorism, intelligence, interrogation, or law enforcement to interrogate an individual placed in military custody and to determine if such individual is an unprivileged enemy belligerent. Designates such team as a high-value detainee interrogation group.
Designates certain individuals in military custody as high value detainees based upon the potential threat such individuals pose for an attack on the United States, its citizens, or military personnel, the potential intelligence value of such individuals, or membership in al Qaeda or an affiliated terrorist group. Directs the high-value detainee interrogation group to conduct interrogations of such individuals and make preliminary determinations whether such individuals are unprivileged enemy belligerents. 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 the individual has engaged or which the individual has purposely and materially supported.