I 111th CONGRESS 1st Session H. R. 2983 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.

1.

Short title

This Act may be cited as the Detainee Interrogation Recording Act.

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.