[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3437 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3437

   To limit the use of certain interrogation techniques, to require 
    notification of the International Committee of the Red Cross of 
  detainees, to prohibit interrogation by contractors, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2008

   Mrs. Feinstein (for herself, Mr. Rockefeller, Mr. Whitehouse, Mr. 
  Hagel, Mr. Feingold, and Mr. Wyden) introduced the following bill; 
     which was read twice and referred to the Select Committee on 
                              Intelligence

_______________________________________________________________________

                                 A BILL


 
   To limit the use of certain interrogation techniques, to require 
    notification of the International Committee of the Red Cross of 
  detainees, to prohibit interrogation by contractors, 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 ``Restoring America's Integrity Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Instrumentality.--The term ``instrumentality'', with 
        respect to an element of the intelligence community, means a 
        contractor or subcontractor at any tier of the element of the 
        intelligence community.
            (2) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 401a(4)).

SEC. 3. LIMITATION ON INTERROGATION TECHNIQUES.

    No individual in the custody or under the effective control of 
personnel of an element of the intelligence community or 
instrumentality of an element of the intelligence community, regardless 
of nationality or physical location of such individual or personnel, 
shall be subject to any treatment or technique of interrogation not 
authorized by the United States Army Field Manual on Human Intelligence 
Collector Operations.

SEC. 4. NOTIFICATION OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS.

    (a) Requirement.--The head of an element of the intelligence 
community or an instrumentality of such element who detains or has 
custody or effective control of an individual shall notify the 
International Committee of the Red Cross of the detention of the 
individual and provide access to such individual in a manner consistent 
with the practices of the Armed Forces.
    (b) Construction.--Nothing in this section shall be construed--
            (1) to create or otherwise imply the authority to detain; 
        or
            (2) to limit or otherwise affect any other rights or 
        obligations which may arise under the Geneva Conventions, other 
        international agreements, or other laws, or to state all of the 
        situations under which notification to and access for the 
        International Committee of the Red Cross is required or 
        allowed.

SEC. 5. PROHIBITION ON INTERROGATIONS BY CONTRACTORS.

    The Director of the Central Intelligence Agency may not permit a 
contractor or subcontractor to the Central Intelligence Agency to carry 
out an interrogation of an individual. Any interrogation carried out on 
behalf of the Central Intelligence Agency shall be conducted by an 
employee of such Agency.
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