Page:United States Statutes at Large Volume 123.djvu/2474

 123STA T . 2 45 4 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(2)lim i tor ot he r w i s e af fe c ta ny other ri g htsoro b ligations which may arise u n d er the G ene v a C onventions , other inter - national agreements, or other laws, or to state all of the situa- tions under which notification to and access for the I C R C is re q uired or allowed .SEC.104 0. NOMIRA N D A W ARNIN G S F ORA LQ AEDA T ERRORISTS. (a) NOMIRAND A W ARNIN GS . — ( 1 )ING E NERA L .— A bsent a court order requiring the reading of such statements, no member of the Armed F orces and no official or em p loyee of the D epartment of Defense or a component of the intelligence community (other than the Department of J ustice) may read to a foreign national who is captured or detained outside the U nited S tates as an enemy belligerent and is in the custody or under the effective control of the Department of Defense or otherwise under detention in a Department of Defense facility the statement required by Mirand av. A ri zo na( 384 U.S. 43 6 (1 9 66)), or otherwise inform such an individual of any rights that the individual may or may not have to counsel or to remain silent consistent with Miranda v. Arizona (384 U.S. 436 (1966)). (2) NONA P PLI C A B ILI TY TO DEPART M ENT O FJU STICE.— T his subsection shall not apply to the Department of Justice. (3) DEFINITIONS.—In this subsection (A) The term ‘ ‘foreign national ’ ’ means an individual who is not a citi z en or national of the United States. ( B ) The term ‘‘enemy belligerent’’ includes a privileged belligerent against the United States and an unprivileged enemy belligerent, as those terms are defined in section 948a of title 1 0, United States Code, as amended by section 1802 of this Act. (b) REPORT RE Q UIRED ON NOTIFICATION OF DETAINEES OF RIG H TS UNDER MIRAND A V . A RI ZO NA.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on how the reading of rights under Miranda v. Arizona (384 U.S. 436 (1966)) to individuals detained by the United States in Afghani- stan may affect— (1) the tactical questioning of detainees at the point of capture by United States Armed Forces deployed in support of O peration E nduring Freedom (2) post-capture theater-level interrogations and intel- ligence-gathering activities conducted as part of Operation Enduring Freedom; (3) the overall counterinsurgency strategy and ob j ectives of the United States for Operation Enduring Freedom; (4) United States military operations and objectives in Afghanistan; and ( 5 ) potential ris k s to members of the Armed Forces oper- ating in Afghanistan. SEC. 1041. LIMITATION ON U SE OF FUNDS FOR T H E TRANSFER OR RELEASE OF INDI V IDUALS DETAINED AT UNITED STATES NAVAL STATION , GUANTANAMO B A Y , CUBA. (a) RELEASE P ROHIBITION.—During the period beginning on October 1, 2009, and ending on December 31, 2010, the Secretary of Defense may not use any of the amounts authorized to be appropriated in this Act or otherwise available to the Department Timep e r i od.10USC8 01 n o t e.