I 111th CONGRESS 1st Session H. R. 374 IN THE HOUSE OF REPRESENTATIVES January 9, 2009 Ms. Harman (for herself, Mr. Conyers, Ms. Eshoo, and Mr. Nadler of New York) 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 closure of the detention facility at Guantanamo Bay, Cuba, to limit the use of certain interrogation techniques, to prohibit interrogation by contractors, to require notification of the International Committee of the Red Cross of detainees, and for other purposes.

1.

Short title

This Act may be cited as the Lawful Interrogation and Detention Act.

2.

Intelligence community defined

In this Act, 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.

Closure of detention facility at Guantanamo Bay

(a)

Requirement To close

Not later than 1 year after the date of the enactment of this Act, the President shall close the detention facility at Guantanamo Bay, Cuba, operated by the Secretary of Defense and remove all detainees from such facility. (b)

Detainees

Prior to the date that the President closes the detention facility at Guantanamo Bay, Cuba, as required by subsection (a), each individual detained at such facility shall be treated exclusively through one of the following: (1)The individual shall be charged with a violation of United States or international law and transferred to a military or Federal civilian detention facility in the United States for further legal proceedings, provided that such a Federal civilian facility or military facility has received the highest security rating available for such a facility. (2)The individual shall be transferred to an international tribunal operating under the authority of the United Nations that has jurisdiction to hold a trial of such individual. (3)The individual shall be transferred to the custody of the government of the individual's country of citizenship or a different country, provided that such transfer is consistent with— (A)the Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New York, December 10, 1984; (B)all relevant United States law; and (C)any other international obligation of the United States. (4)If the Secretary of Defense and Director of National Intelligence determine, jointly, that the individual poses no security threat to the United States and actions cannot be taken under paragraph (1) or (3), the individual shall be released from further detention. (c)

Reporting requirements

(1)

Requirement for report

Not later than 90 days after the date of the enactment of this Act, the President shall submit to Congress a report that describes the President's plan to implement this section. (2)

Requirement to update

The President shall keep Congress fully and currently informed of the steps taken to implement this section. (d)

Construction

(1)

Immigration status

The transfer of an individual under subsection (b) shall not be considered an entry into the United States for purposes of immigration status. (2)

No additional detention authority

Nothing in this section may be construed as altering or adding to existing authorities for, or restrictions on, the detention, treatment, or transfer of individuals in United States custody.

4.

Limitation on interrogation techniques

No individual in the custody or under the effective control of personnel of an element of the intelligence community or a contractor or subcontractor 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.

5.

Prohibition on interrogations by contractors

The Director of the Central Intelligence Agency shall not allow 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.

6.

Notification of the International Committee of the Red Cross

(a)

Requirement

The head of an element of the intelligence community or a contractor or subcontractor 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.