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.
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S126)
Congressional Research Service
Official summary
Version 00 · Introduced in Senate · Jan 21, 2010
Prohibits the Attorney General (AG) or any officer or employee of the Department of Justice (DOJ) from initiating a custodial interrogation of, or filing a criminal complaint or indictment (action) against any foreign person detained by the United States 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, unless the AG has previously consulted with the following intelligence officials: (1) the Director of National Intelligence (DNI); (2) the Director of the National Counterterrorism Center; (3) the Secretary of Homeland Security (DHS); and (4) the Secretary of Defense (DOD).
Provides that if any of the intelligence officials believe that any action proposed by the AG may prevent the collection of intelligence related to terrorism or threats of violence against the United States or its citizens, the AG may not initiate such action without specific direction from the President.
Requires an annual report from the AG to Congress on the occasions on which direction for action was sought from the President and the number of times the President directed such actions.
No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.
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