II 110th CONGRESS 2d Session S. 3437 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.

1.

Short title

This Act may be cited as the Restoring America's Integrity Act.

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)).

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.

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.

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.