Terrorist Detention and Prosecution Act of 2010 - Replaces the term "unprivileged enemy combatant" in federal military law with the term "unlawful enemy combatant." Includes in the definition, and therefore makes subject to trial by military commissions, an individual who: (1) is closely associated with or has provided material support to al Qaeda or any other organization dedicated to committing acts of terrorism against the United States; (2) has taken up or conspired to take up arms on behalf of al Qaeda; and (3) has committed or conspired to commit acts of terrorism against the United States or American citizens or targets, regardless of the location of the individual's capture.
Allows the President to authorize the detention of any unlawful enemy combatant until determining that the individual is no longer a threat to the United States or its allies.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4415 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4415
To amend title 10, United States Code, to authorize the President to
determine that certain individuals are unlawful enemy combatants
subject to trial by military commissions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 12, 2010
Mrs. Miller of Michigan (for herself and Mr. King of New York)
introduced the following bill; which was referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to authorize the President to
determine that certain individuals are unlawful enemy combatants
subject to trial by military commissions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorist Detention and Prosecution
Act of 2010''.
SEC. 2. AUTHORITY OF PRESIDENT TO DETERMINE CERTAIN INDIVIDUALS ARE
UNLAWFUL ENEMY COMBATANTS FOR PURPOSES OF LAWS RELATING
TO MILITARY COMMISSIONS.
(a) Authority.--Section 948a(7) of title 10, United States Code, is
amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) the President determines--
``(i) is closely associated with or has
provided material support to al Qaeda or any
other organization dedicated to committing acts
of terrorism against the United States;
``(ii) has taken up or conspired to take up
arms on behalf of al Qaeda; and
``(iii) has committed or conspired to
commit acts of terrorism in the United States
or against American citizens or targets,
regardless of the location of the individual's
capture.''.
(b) Detention.--The President may authorize the detention for
military purposes of any individual who is an unlawful enemy combatant
(as that term is defined in section 948a(7) of title 10, United States
Code) until the President determines that the individual is no longer a
threat to the United States or its allies.
(c) Change of Terminology to ``Unlawful Enemy Combatant''.--Title
10, United States Code, is amended--
(1) by striking ``unprivileged enemy belligerent'' each
place it appears and inserting ``unlawful enemy combatant'';
and
(2) by striking ``unprivileged enemy belligerents'' each
place it appears and inserting ``unlawful enemy combatants''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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