[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7056 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 7056
To improve United States capabilities for gathering human intelligence
through the effective interrogation and detention of terrorist suspects
and for bringing terrorists to justice through effective prosecution in
accordance with the principles and values set forth in the Constitution
and other laws.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 24, 2008
Mr. Price of North Carolina (for himself, Mr. Holt, Mr. Larson of
Connecticut, Mr. McGovern, Mr. Olver, Mr. Watt, Mr. Miller of North
Carolina, Mr. Blumenauer, Ms. DeLauro, and Mr. Hinchey) introduced the
following bill; which was referred to the Committee on Armed Services,
and in addition to the Committees on the Judiciary, Foreign Affairs,
and Select Intelligence (Permanent Select), for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To improve United States capabilities for gathering human intelligence
through the effective interrogation and detention of terrorist suspects
and for bringing terrorists to justice through effective prosecution in
accordance with the principles and values set forth in the Constitution
and other laws.
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 ``Interrogation and Detention Reform
Act of 2008''.
TITLE I--INTERROGATION POLICY
SEC. 101. STATEMENT OF POLICY.
It shall be the policy of the United States to--
(1) vigorously implement a sustained national strategy to
combat the short- and long-term threat to national security
posed by global terrorism and global terrorist organizations
using all appropriate instruments of United States national
power;
(2) arrest, detain, and prosecute to the full extent of the
law individuals who are involved in or are providing material
support for terrorist activities, and use all appropriate means
to obtain from individuals lawfully in United States custody
timely, accurate, and actionable intelligence to protect the
national security interests of the United States;
(3) provide extensive specialized training to personnel
working in support of the Federal Government who are involved
in the arrest, detention, interrogation, and prosecution of
terrorist suspects;
(4) enforce, in the arrest, detention, interrogation, and
prosecution of terrorist suspects, standards of conduct that
uphold the principles of human rights that are set forth in the
Constitution and have been held sacred by generations of
Americans;
(5) prohibit the application of all forms of torture and
cruel and inhuman or degrading treatment or punishment during
the arrest, detention, interrogation, and prosecution of
terrorist suspects and aggressively work to prevent such
behaviors by personnel that come into contact with terrorist
suspects while such suspects are in the custody or under the
effective control of the Federal Government;
(6) actively seek to research and develop the most
effective practices for arrest, detention, interrogation, and
prosecution of terrorist suspects in cooperation with nations
allied with the United States, incorporating insights from past
international experiences in combating global terrorism and
global terrorist organizations;
(7) develop and regularly monitor policies related to the
arrest, detention, interrogation, and prosecution of terrorist
suspects to ensure that their effective exercise is consistent
with the United States' strategic goals of weakening global
terrorist organizations and their recruitment capabilities over
the long term and strengthening the international leadership of
the United States; and
(8) work through international fora, including the United
Nations, to strengthen the capacity of international treaties
and organizations to confront the challenge of global
terrorism.
TITLE II--DETENTION OF TERRORIST SUSPECTS
SEC. 201. REGISTRATION WITH THE INTERNATIONAL COMMITTEE OF THE RED
CROSS.
(a) Registration.--The head of an element of the intelligence
community (as defined in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)) that has custody or effective control of an
individual shall, as soon as practicable upon the detention of the
individual--
(1) notify the International Committee of the Red Cross of
such custody or effective control; and
(2) provide the International Committee of the Red Cross
physical and repeat access to such individual.
(b) Construction.--Subsection (a) shall not be construed to--
(1) create or modify the authority of an element of the
intelligence community to detain an individual; or
(2) limit or otherwise affect any other rights or
obligations which may arise under any provision of law or an
international agreement.
TITLE III--ENHANCING PROSECUTION OF TERRORISTS
SEC. 301. FINDINGS.
Congress finds the following:
(1) International terrorists, including members of al
Qaeda, have carried out attacks on United States diplomatic and
military personnel and facilities abroad and on citizens and
property within the United States and constitute a grave and
sustained threat to the national security of the United States.
(2) In response to the threat of international terrorism,
the United States must pursue a multi-faced strategy that
applies all appropriate tools of national power, including
military, diplomatic, economic, cultural, and legal tools.
(3) The ability of the United States to detain, prosecute,
and convict individuals suspected of committing or supporting
terrorism or of otherwise waging hostilities against the United
States is vital to efforts to combat terrorism and to United
States national security.
(4) Attempts to implement a military tribunal system in
accordance with Executive Order 13425, the Military Commissions
Act of 2006 (Public Law 109-366), or the President's Military
Order of November 13, 2001 (66 Fed. Reg. 57,833), have failed
to achieve their stated mission of bringing suspected
terrorists and combatants to justice. To date, the tribunals
and commissions established in connection with these efforts
have yielded just two convictions, the first following a guilty
plea by the defendant, and have failed to achieve the
conviction of a single individual in connection with the
terrorist attacks on the United States on September 11, 2001.
(5) The United States Supreme Court has found serious
conflicts between efforts to implement a military tribunal
system for the trial of detained terrorist suspects and
obligations under the Constitution, Federal law, and
international treaties to which the United States is party.
(6) The United States, through the Uniform Code of Military
Justice and the civilian justice system, possesses adequate
jurisdiction to try any individual engaged in committing,
conspiring to commit, or providing material support for, acts
of terrorism, unlawful combat, or other hostilities against the
United States.
(7) The Uniform Code of Military Justice establishes a
system for the fair and speedy trial of combatants and others
engaged in hostilities against the United States for violations
against the law of war and related offenses.
(8) The United States civilian justice system allows for
the fair and speedy trial of individuals who engage in
terrorist activities against the United States who are enemy
combatants, terrorists, or otherwise engaged in criminal acts,
and there is an extensive legal framework providing
jurisdiction over the offenses committed by such individuals.
(9) Since September 11, 2001, the United States civilian
justice system has accumulated an impressive record of success
in prosecuting and convicting individuals suspected of
committing or supporting terrorism, having convicted at least
145 such individuals, and is an essential and effective tool in
combating international terrorism.
(10) Existing laws and regulations, including the
Classified Information Procedures Act (18 U.S.C. App. 3; Public
Law 96-456), provide a detailed framework for protecting the
full range of sensitive and classified information during the
prosecution of cases involving terrorism offenses and related
crimes.
(11) In addition to the existing United States civilian and
military justice systems, the Federal Government possesses
other legal authorities that may be useful as tools in
detaining and prosecuting international terrorists, including
authority to detain illegal aliens under Federal immigration
laws.
(12) Given the failure of the military commissions system
established under the Military Commissions Act of 2006 (Public
Law 109-366) and other authorities, the legal and
constitutional obstacles to fully implementing military
commissions system, and the success and potential of the
civilian and military justice systems in bringing terrorists to
justice, the national security of the United States is best
served by vigorously pursuing efforts to bring terrorists to
justice through the United States civilian and military justice
systems.
SEC. 302. REPEAL OF MILITARY COMMISSIONS ACT OF 2006.
(a) Repeal of Authority To Conduct Certain Military Commissions.--
(1) In general.--Subtitle A of title 10, United States
Code, is amended by striking chapter 47A.
(2) Clerical amendment.--The tables of chapters at the
beginning of subtitle A, and at the beginning of part II of
subtitle A, of title 10, United States Code, are each amended
by striking the item relating to chapter 47A.
(b) Conforming Amendments to Uniform Code of Military Justice.--
Chapter 47 of title 10, United States Code (the Uniform Code of
Military Justice), is amended as follows:
(1) Repeal of applicability to lawful enemy combatants.--
Section 802(a) (article 2(a)) is amended by striking paragraph
(13).
(2) Repeal of exclusion of applicability.--Sections 821,
828, 848, 850(a), 904, and 906 (articles 21, 28, 48, 50(a),
104, and 106) are each amended by striking the following
sentence: ``This section does not apply to a military
commission established under chapter 47A of this title.''.
(3) Repeal of inapplicability of requirements relating to
regulations.--Section 836 (article 36) is amended--
(A) in subsection (a), by striking ``, except as
provided in chapter 47A of this title,''; and
(B) in subsection (b), by striking ``, except
insofar as applicable to military commissions
established under chapter 47A of this title''.
(c) Repeal of Punitive Article of Conspiracy.--Section 881 of title
10, United States Code (article 81 of the Uniform Code of Military
Justice), is amended--
(1) by striking ``(a)'' before ``Any person''; and
(2) by striking subsection (b).
(d) Repeal of Provisions Relating to Treaty Requirements.--The
Military Commissions Act of 2006 (Public Law 109-366) is amended by
striking section 5 and subsection (a) of section 6.
(e) Repeal of Revision to War Crimes Offense Under Federal Criminal
Code.--
(1) In general.--Section 2441 of title 18, United States
Code, is amended--
(A) in subsection (c), by striking paragraph (3)
and inserting the following new paragraph (3):
``(3) which constitutes a violation of common Article 3 of
the international conventions signed at Geneva, 12 August 1949,
or any protocol to such convention to which the United States
is a party and which deals with non-international armed
conflict; or''; and
(B) by striking subsection (d).
(2) Retroactive applicability.--The amendments made by this
subsection shall take effect as of November 26, 1997, as if
enacted immediately after the amendments made by section 583 of
Public Law 105-118 (as amended by section 4002(e)(7) of Public
Law 107-273).
(f) Repeal of Additional Prohibition on Cruel, Inhuman, or
Degrading Treatment or Punishment.--The Military Commissions Act of
2006 (Public Law 109-366) is amended by striking subsection (c) of
section 6.
(g) Repeal of Habeas Corpus Provision.--
(1) Repeal.--Section 2241 of title 28, United States Code,
is amended by striking subsection (e).
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act, and
shall apply to all cases, without exception, pending on or
after the date of the enactment of this Act.
(h) Repeal of Revisions to Detainee Treatment Act of 2005 Relating
to Protection of Certain United States Government Personnel.--
(1) In general.--Section 1004(b) of the Detainee Treatment
Act of 2005 (42 U.S.C. 2000dd-1(b)) is amended--
(A) by striking ``shall provide'' and inserting
``may provide'';
(B) by striking ``or investigation'' after
``criminal prosecution''; and
(C) by striking ``whether before United States
courts or agencies, foreign courts or agencies, or
international courts or agencies,''.
(2) Conforming repeal.--The Military Commissions Act of
2006 (Public Law 109-366) is amended by striking subsection (b)
of section 8.
(i) Repeal of Authority To Conduct Combatant Status Review
Tribunals.--The Detainee Treatment Act of 2005 (title X of Public Law
109-148) is amended by striking section 1005 (10 U.S.C. 801 note).
SEC. 303. CLOSURE OF DETENTION FACILITY AT NAVAL STATION, GUANTANAMO
BAY, CUBA, AND TREATMENT OF UNLAWFUL ENEMY COMBATANTS.
(a) Closure of Guantanamo Bay Detention Facility.--Not later than
180 days after the date of the enactment of this Act--
(1) the President shall close the Department of Defense
detention facility at Guantanamo Bay, Cuba; and
(2) each individual detained at such facility who has been
designated as an enemy combatant or unlawful enemy combatant
shall be removed from the facility and--
(A) transferred to a military or civilian detention
facility in the United States, charged with a violation
of United States law, and tried in a court constituted
pursuant to Article III of the Constitution or military
legal proceeding before a regularly-constituted court;
(B) transferred to an international tribunal
operating under the authority of the United Nations
with jurisdiction to hold trials of such individuals;
(C) transferred to the individual's country of
citizenship or a different country for further legal
process, as long as that the transfer complies with the
Convention Relating to the Status of Refugees, done at
Geneva July 28, 1951, the United Nations Convention
Against Torture and Other Forms of Cruel, Inhuman or
Degrading Treatment or Punishment, done at New York
December 10, 1984, and Federal law; or
(D) released from any further detention and, if
possible, transferred to the individual's country of
citizenship in accordance with the obligations of the
United States under international human rights and
humanitarian law.
(b) Treatment of Enemy Combatants.--Not later than 60 days after
the date of the enactment of this Act, the President shall submit to
Congress a plan for the prosecution, transfer, release, or other
disposition of the cases of all individuals designated as enemy
combatants or unlawful enemy combatants, as defined in section 948a(1)
of title 10, United States Code, as in effect immediately before the
enactment of this Act.
(c) Immigration Status.--The transfer of an individual under
subsection (a) shall not be considered an entry into the United States
for purposes of immigration status.
SEC. 304. SENSE OF CONGRESS.
It is the sense of Congress that the President--
(1) should vigorously investigate and prosecute, to the
full extent of the law, individuals and organizations suspected
of involvement with international terrorism, using all
available assets of the United States civilian and military
justice systems;
(2) should carry out a review of the capacity of the United
States criminal justice system to successfully investigate and
prosecute individuals and organizations suspected of terrorism,
including the adequacy of existing Federal anti-terrorism laws,
and should inform Congress of any gaps or obstacles limiting
the ability of the United States to bring terrorists to
justice; and
(3) should take immediate measures to enhance international
legal cooperation in the investigation and prosecution of
individuals and organizations suspected of involvement in
international terrorism, including enhancing international
police cooperation and working to improve the capacity of and
enhance United States participation in international tribunals
to prosecute terrorist acts.
TITLE IV--INTEGRITY IN CUSTODIAL INTERROGATIONS
SEC. 401. UNIFORM STANDARDS FOR THE CONDUCT OF INTERROGATION OF PERSONS
IN THE CUSTODY OR CONTROL OF THE INTELLIGENCE COMMUNITY.
(a) In General.--The President shall establish uniform standards
for the interrogation of persons in the custody or under the effective
control of the United States.
(b) Standards.--
(1) In general.--The standards established under subsection
(a) shall include--
(A) a list of all practices or techniques of
interrogation that personnel of the United States are
authorized to practice during such an interrogation;
and
(B) additional guidance for the effective conduct
of interrogations by personnel of the United States, as
considered appropriate by the President.
(2) Prohibitions.--The President shall ensure that no
practice or technique of interrogation is authorized if such
practice or technique subjects a person in the custody or under
the effective control of the United States to cruel, inhuman,
or degrading treatment in violation of Federal law, including--
(A) common Article 3 of the international
conventions, done at Geneva August 12, 1949, or any
protocol to such conventions to which the United States
is a party; or
(B) the Convention Against Torture and Other Cruel,
Inhuman, or Degrading Treatment or Punishment, done at
New York December 10, 1984 and entered into force for
the United States on November 20, 1994.
(c) The Director of National Intelligence and the Secretary of
Defense shall be responsible for obtaining and providing to the
President input from the head of each element of the intelligence
community and each branch of the Armed Forces during the development
and revision of the standards established under subsection (a).
(d) Training.--The Director of National Intelligence and the
Secretary of Defense shall ensure that personnel of the intelligence
community and the United States Armed Forces, respectively, who are
responsible for the interrogation of persons in the custody or under
the effective control of the United States receive training regarding
the Federal and international obligations and laws applicable to the
humane treatment of detainees, including protections afforded under the
conventions referred to in subparagraphs (A) and (B) of subsection
(b)(2).
(e) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress a report on the implementation of this section,
including the standards established under subsection (b)(1).
(2) Update.--Not later than 30 days after the President
approves a change to the standards established under subsection
(b)(1), the President shall submit to Congress an update of
such standards.
(3) Form.--The report under paragraph (1) and updated
standards under paragraph (2) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 402. PROHIBITION ON THE USE OF PRIVATE CONTRACTORS FOR ACTIVITIES
INVOLVING PERSONS IN THE CUSTODY OR UNDER THE EFFECTIVE
CONTROL OF THE INTELLIGENCE COMMUNITY.
(a) In General.--Title XI of the National Security Act of 1947 (50
U.S.C. 442 et seq.) is further amended by adding at the end the
following new section:
``SEC. 1104. PROHIBITION ON THE USE OF PRIVATE CONTRACTORS FOR
ACTIVITIES INVOLVING PERSONS IN THE CUSTODY OR UNDER THE
EFFECTIVE CONTROL OF THE INTELLIGENCE COMMUNITY.
``(a) In General.--Notwithstanding any other provision of law, no
element of the intelligence community may award a contract for
performance related to an activity described in subsection (b).
``(b) Activities.--An activity described in this subsection--
``(1) is an activity relating to the capture, custody,
control, or other pertinent interaction with an individual who
is a detainee or prisoner in the custody or under the effective
control of the Federal Government, including, with regard to
such an individual--
``(A) arrest;
``(B) interrogation;
``(C) detention; or
``(D) transportation or transfer; and
``(2) does not include the performance of work related to
language interpretation, if such work occurs under the direct
supervision of Federal Government personnel, or to the
provision of medical assistance or treatment.''.
(b) Conforming Amendment.--The table of contents in the first
section of such Act is amended by adding at the end the following new
item:
``Sec. 1104. Prohibition on the use of private contractors for
activities involving persons in the custody
or under the effective control of the
intelligence community.''.
(c) Effective Date.--Section 1104 of the National Security Act of
1947 (as added by subsection (a)) shall take effect on the date that is
180 days after the date of the enactment of this Act.
SEC. 403. REQUIREMENT FOR VIDEOTAPING OR OTHERWISE ELECTRONICALLY
RECORDING STRATEGIC INTERROGATIONS.
(a) In General.--In accordance with the guidelines developed
pursuant to subsection (e) and section 401, the President shall take
such actions as are necessary to ensure the videotaping or otherwise
electronically recording of each strategic intelligence interrogation
of any person who is in the custody or under the effective control of
the United States or under detention in a United States facility.
(b) Classification of Information.--To protect United States
national security, the safety of the individuals conducting or
assisting in the conduct of a strategic intelligence interrogation, and
the privacy of persons described in subsection (a), the President shall
provide for the appropriate classification of video tapes or other
electronic recordings made pursuant to subsection (a). The use of such
classified video tapes or other electronic recordings in a civilian or
military court proceeding or other proceeding under the laws of the
United States shall be governed by applicable rules, regulations, and
law.
(c) Exclusion.--Nothing in this section shall be construed as
requiring--
(1) any member of the Armed Forces engaged in direct combat
operations to videotape or otherwise electronically record a
person described in subsection (a); or
(2) the videotaping or other electronic recording of
tactical questioning, as such term is defined in the Army Field
Manual on Human Intelligence Collector Operations (FM 2-22.3,
September 2006), or any successor thereto.
(d) Guidelines for Videotape and Other Electronic Recordings.--
(1) Development of guidelines.--The President shall develop
and adopt uniform guidelines designed to ensure that the
videotaping or other electronic recording required under
subsection (a), at a minimum--
(A) promotes full compliance with the laws of the
United States;
(B) is maintained for a length of time that serves
the interests of justice in cases for which trials are
being or may be conducted pursuant to applicable United
States law;
(C) promotes the exploitation of intelligence; and
(D) ensures the safety of all participants in the
interrogations.
(2) Submittal to congress.--Not later than 30 days after
the date of the enactment of this Act, the President shall
submit to Congress a report containing the guidelines developed
under paragraph (1). Such report shall be submitted in
unclassified form, but may include a classified annex.
(e) Strategic Intelligence Interrogation Defined.--In this section,
the term ``strategic intelligence interrogation'' means an
interrogation of a person described in subsection (a) conducted by a
personnel of the intelligence community or a member of the United
States Armed Forces at--
(1) corps or theater-level military detention facility, as
defined in the Army Field Manual on Human Intelligence
Collector Operations (FM 2-22.3, September 11, 2006) or any
successor thereto, or a comparable centralized detention
facility operated by any element of the intelligence community
(as defined in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)));
(2) a detention facility outside the area of operations
(AOR) where the detainee or prisoner was initially captured,
including--
(A) a detention facility owned, operated, borrowed,
or leased by the United States Government; and
(B) a detention facility of a foreign government at
which United States Government personnel are permitted
to conduct interrogations by the foreign government in
question.
TITLE V--BUILDING LONG-TERM CAPACITY FOR EFFECTIVE HUMAN INTELLIGENCE
COLLECTION
SEC. 501. SENSE OF CONGRESS REGARDING INTERNATIONAL COOPERATION ON
HUMAN INTELLIGENCE COLLECTION.
(a) Findings.--Congress finds the following:
(1) Key allies of the United States have accrued
significant experience over the course of several years in the
collection of human intelligence relating to efforts to prevent
terrorism and eradicate terrorist organizations.
(2) The United States could substantially benefit from
cooperation with such allies on identifying and examining the
most effective laws, practices, and policies relating to human
intelligence collection.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President, acting through the Secretary of Defense
and the Director for National Intelligence, should cooperate
with other nations to support the mutual improvement of human
intelligence collection capabilities, including through--
(A) the mutual exchange and review of doctrine,
laws and regulations, best practices, and lessons
learned relating to human intelligence collection
capabilities;
(B) participation by United States personnel in
international exercises relating to human intelligence
collection; and
(C) participation by United States personnel in
seminars, conferences, and other educational activities
relating to human intelligence collection; and
(2) the President should not cooperate with regards to
human intelligence collection with a nation that is not a party
to the Convention Against Torture and Other Cruel, Inhuman, or
Degrading Treatment or Punishment.
SEC. 502. INTERAGENCY CENTER FOR EXCELLENCE ON HUMAN INTELLIGENCE
COLLECTION UNITED STATES.
(a) Center Authorized.--The President, in consultation with the
Director of National Intelligence and the Secretary of Defense, shall
establish a center to be known as the United States Center for
Excellence in Human Intelligence Collection (in this section referred
to as the ``Center'').
(b) Purpose.--The purpose of the Center shall be to educate and
train members of the United States Armed Forces and personnel of the
intelligence community to conduct research and examine doctrine and
policy related to human intelligence collection, with emphasis on
practices related to the interrogation and detention of hostile actors
and human intelligence collection on the battlefield or in relation to
United States efforts to combat global terrorism.
(c) Duties.--The Center shall--
(1) provide and facilitate education and training for
members of the United States Armed Forces and personnel of the
intelligence community on the practice of human intelligence
collection, including--
(A) strategies, techniques, best practices, and
lessons learned relating to the interrogation of
individuals for intelligence purposes;
(B) United States policy, regulations, and law
regarding authorized interrogation practices and
techniques;
(C) strategies, techniques, best practices, and
lessons learned relating to human source operations for
intelligence purposes; and
(D) command, management, and oversight of U.S.
personnel involved in human intelligence collection;
(2) collaborate with existing agency or service specific
entities that provide education and training on the practice of
human intelligence collection, and provide advanced training
for instructors at such entities;
(3) foster interoperability and cooperation between human
intelligence collectors working for different elements of the
intelligence community;
(4) provide and facilitate ongoing study and scientific
research into all aspects of operations and doctrine relating
to human intelligence collection, including the identification
of best practices and the development of recommendations for
policy and doctrine reform; and
(5) conduct a regular review of United States policies
relating to human intelligence collection.
(d) Eligible Personnel.--The Center may provide training and
education to--
(1) members of the United States Armed Forces;
(2) personnel employed by an element of the intelligence
community; and
(3) other personnel of the Federal Government, at the
discretion of the President.
(e) Annual Report.--Not later than March 31 of each year, the
President shall submit to Congress a report on the activities of the
Center during the preceding year.
(f) Intelligence Community Defined.--In this section, the term
``intelligence community'' has the meaning given the term in section
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 503. UNITED STATES MILITARY INTELLIGENCE SPECIALISTS.
(a) Findings.--Congress finds the following:
(1) Ensuring the national security of the United States,
including through long-term efforts to combat global terrorism,
the vigilant defense against proliferation and use of weapons
of mass destruction, and the use of military force as a last
resort to defend the Nation, will require a sustained capacity
for effective human intelligence collection.
(2) The United States Armed Forces will, in the course of
carrying out their duties in defense of our Nation, be required
to carry out human intelligence collection activities.
(3) Improving the human intelligence collection capacity of
the United States Armed Forces requires the maintenance of a
corps of career military professionals in the discipline of
human intelligence who are experts in the practice and
management of human intelligence collection and who can carry
out sustained long-term intelligence operations.
(b) Improvement of Human Intelligence Collection Capabilities.--The
Secretary of Defense shall develop a strategy to--
(1) reform organizational and incentive structures to--
(A) provide for career-long focus in the human
intelligence discipline for military officers of each
military department;
(B) ensure career advancement opportunities for
officers specializing in the human intelligence
discipline that are focused on human intelligence
collection, rather than service with or command of a
military unit not involved in the intelligence
discipline; and
(C) organize, within the human intelligence career
field, assignments, promotions, and incentives
structured with the goal of developing and increasing
expertise in the human intelligence discipline and
preparing officers for greater responsibilities within
that discipline;
(2) provide ongoing professional education and development
in specialized intelligence skills, specialized language and
cultural skills, relevant law and doctrine pertaining to the
practice of human intelligence activities, and command,
management, and oversight of personnel involved in human
intelligence activities;
(3) provide training in human intelligence activities for
select personnel not assigned to an intelligence career field
in order to enable a surge capacity for assigning personnel to
human intelligence activities when additional personnel are
needed for military intelligence activities; and
(4) assign human intelligence personnel to positions
according to geographic, language, or cultural expertise.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the development of the strategy required under
subsection (b).
SEC. 504. STRATEGY FOR DETENTION OF TERRORIST SUSPECTS AND CONVICTS.
(a) Findings.--Congress finds the following:
(1) A 2006 study by George Washington University and the
University of Virginia entitled ``Out of the Shadows'' found
that ``Radicalization in prisons is a global problem and bears
upon the national security of the U.S.''.
(2) The Report of the Task Force on the Future of
Terrorism, a task force created at the direction of the
Secretary of Homeland Security and comprised of members of the
Homeland Security Advisory Council, recommended to the
Secretary of Homeland Security that ``The Department should
develop and immediately implement, in concert with the
Department of Justice and State and local corrections
officials, a program to address prisoner radicalization and
post-sentence reintegration''.
(3) Since Operation Iraqi Freedom began in March 2003, the
United States has detained more than 65,000 Iraqis, with each
individual remaining in detention for an average of over 300
days.
(4) On April 8, 2007, the Los Angeles Times reported that
``U.S. run detention camps in Iraq have become a breeding
ground for extremists where Islamic militants recruit and train
supporters.''.
(b) Strategy Required.--Not later than one year after the enactment
of this Act, the President, in consultation with the Secretary of
Homeland Security, the Attorney General, the Secretary of Defense, and
the Director of National Intelligence, shall submit to Congress a
strategy for the detention of terrorist suspects and convicts. Such
strategy shall include--
(1) an assessment of the threat posed by radicalization or
recruitment for terrorist activities of detained and imprisoned
individuals; and
(2) a plan for minimizing radicalization and terrorist
recruitment in detention or prison facilities operated by the
United States that--
(A) addresses the potential radicalization of
prisoners in facilities operated by the Bureau of
Prisons or by State or local authorities within the
United States; and
(B) addresses the potential radicalization of
prisoners in detention facilities operated by the
United States in an area where the United States Armed
Forces are conducting combat or peacekeeping
operations, including detention facilities in Iraq and
Afghanistan.
<all>