[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2983 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2983

    To require the videotaping or electronic recording of strategic 
 intelligence interrogations of persons in the custody of or under the 
effective control of the Department of Defense, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2009

Mr. Holt (for himself, Mr. Cohen, Mr. George Miller of California, and 
 Ms. Woolsey) introduced the following bill; which was referred to the 
Committee on Armed Services, and in addition to the Select Committee on 
   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 require the videotaping or electronic recording of strategic 
 intelligence interrogations of persons in the custody of or under the 
effective control of the Department of Defense, 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 ``Detainee Interrogation Recording 
Act''.

SEC. 2. REQUIREMENT FOR VIDEOTAPING OR OTHERWISE ELECTRONICALLY 
              RECORDING STRATEGIC INTELLIGENCE INTERROGATIONS OF 
              PERSONS IN THE CUSTODY OF OR UNDER THE EFFECTIVE CONTROL 
              OF THE DEPARTMENT OF DEFENSE.

    (a) In General.--In accordance with the Army Field Manual on Human 
Intelligence Collector Operations (FM 2-22.3, September 2006), or any 
successor thereto, and the guidelines developed pursuant to subsection 
(e), the Secretary of Defense 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 Department of Defense or 
under detention in a Department of Defense 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 Secretary of 
Defense shall provide for the appropriate classification of videotapes 
or other electronic recordings made pursuant to subsection (a). The use 
of such classified videotapes or other electronic recordings in 
proceedings conducted under the Detainee Treatment Act of 2005 (title 
14 of Public Law 109-163 and title 10 of Public Law 109-148), the 
Military Commissions Act of 2006 (10 U.S.C. 948 et seq.; Public Law 
109-366), or any other provision of law shall be governed by applicable 
rules, regulations, and law.
    (c) Strategic Intelligence Interrogation Defined.--For purposes of 
this section, the term ``strategic intelligence interrogation'' means 
an interrogation of a person described in subsection (a) conducted at a 
theater-level detention facility.
    (d) 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.
    (e) Guidelines for Videotape and Other Electronic Recordings.--
            (1) Development of guidelines.--The Secretary of Defense, 
        acting through the Judge Advocates General (as defined in 
        section 801(1) of title 10, United States Code, (Article 1 of 
        the Uniform Code of Military Justice)), 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 the Detainee 
                Treatment Act of 2005 (title 14 of Public Law 109-163 
                and title 10 of Public Law 109-148), the Military 
                Commissions Act of 2006 (10 U.S.C. 948 et seq.; Public 
                Law 109-366), or any other provision of 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 section, the Secretary of 
        Defense shall submit to the Committees on Armed Services of the 
        Senate and House of Representatives a report containing the 
        guidelines developed under paragraph (1). Such report shall be 
        in an unclassified form but may include a classified annex.
                                 <all>