NO MIRANDA WARNINGS FOR AL QAEDA TERRORISTS.

SEC. 1040. NO MIRANDA WARNINGS FOR AL QAEDA TERRORISTS.(a) No Miranda Warnings.—(1) In general.—Absent a court order requiring the reading of such statements, no member of the Armed Forces and no official or employee of the Department of Defense or a component of the intelligence community (other than the Department of Justice) may read to a foreign national who is captured or detained outside the United States 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 Miranda v. Arizona (384 U.S. 436 (1966)), 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) Nonapplicability to department of justice.—This 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 citizen 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 10, United States Code, as amended by section 1802 of this Act.(b) Report Required on Notification of Detainees of Rights Under Miranda v. Arizona.—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 Afghanistan may affect—(1) the tactical questioning of detainees at the point of capture by United States Armed Forces deployed in support of Operation Enduring Freedom;(2) post-capture theater-level interrogations and intelligence-gathering activities conducted as part of Operation Enduring Freedom;(3) the overall counterinsurgency strategy and objectives of the United States for Operation Enduring Freedom;(4) United States military operations and objectives in Afghanistan; and(5) potential risks to members of the Armed Forces operating in Afghanistan.