[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 591 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 591

To improve United States capabilities for gathering human intelligence 
through the effective interrogation and detention of terrorist suspects 
and for bringing terrorists to justice through effective prosecution in 
accordance with the principles and values set forth in the Constitution 
                            and other laws.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 15, 2009

 Mr. Price of North Carolina (for himself, Mr. Holt, Mr. Hinchey, Ms. 
Schakowsky, Mr. Blumenauer, Mr. Miller of North Carolina, Mr. Watt, Mr. 
   McGovern, Mr. Olver, Ms. DeLauro, and Mr. Larson of Connecticut) 
 introduced the following bill; which was referred to the Committee on 
  Armed Services, and in addition to the Committees on the Judiciary, 
  Foreign Affairs, and Select 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 improve United States capabilities for gathering human intelligence 
through the effective interrogation and detention of terrorist suspects 
and for bringing terrorists to justice through effective prosecution in 
accordance with the principles and values set forth in the Constitution 
                            and other laws.

    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 ``Interrogation and Detention Reform 
Act of 2008''.

                     TITLE I--INTERROGATION POLICY

SEC. 101. STATEMENT OF POLICY.

    It shall be the policy of the United States to--
            (1) vigorously implement a sustained national strategy to 
        combat the short- and long-term threat to national security 
        posed by global terrorism and global terrorist organizations 
        using all appropriate instruments of United States national 
        power;
            (2) arrest, detain, and prosecute to the full extent of the 
        law individuals who are involved in or are providing material 
        support for terrorist activities, and use all appropriate means 
        to obtain from individuals lawfully in United States custody 
        timely, accurate, and actionable intelligence to protect the 
        national security interests of the United States;
            (3) provide extensive specialized training to personnel 
        working in support of the Federal Government who are involved 
        in the arrest, detention, interrogation, and prosecution of 
        terrorist suspects;
            (4) enforce, in the arrest, detention, interrogation, and 
        prosecution of terrorist suspects, standards of conduct that 
        uphold the principles of human rights that are set forth in the 
        Constitution and have been held sacred by generations of 
        Americans;
            (5) prohibit the application of all forms of torture and 
        cruel and inhuman or degrading treatment or punishment during 
        the arrest, detention, interrogation, and prosecution of 
        terrorist suspects and aggressively work to prevent such 
        behaviors by personnel that come into contact with terrorist 
        suspects while such suspects are in the custody or under the 
        effective control of the Federal Government;
            (6) actively seek to research and develop the most 
        effective practices for arrest, detention, interrogation, and 
        prosecution of terrorist suspects in cooperation with nations 
        allied with the United States, incorporating insights from past 
        international experiences in combating global terrorism and 
        global terrorist organizations;
            (7) develop and regularly monitor policies related to the 
        arrest, detention, interrogation, and prosecution of terrorist 
        suspects to ensure that their effective exercise is consistent 
        with the United States' strategic goals of weakening global 
        terrorist organizations and their recruitment capabilities over 
        the long term and strengthening the international leadership of 
        the United States; and
            (8) work through international fora, including the United 
        Nations, to strengthen the capacity of international treaties 
        and organizations to confront the challenge of global 
        terrorism.

               TITLE II--DETENTION OF TERRORIST SUSPECTS

SEC. 201. REGISTRATION WITH THE INTERNATIONAL COMMITTEE OF THE RED 
              CROSS.

    (a) Registration.--The head of an element of the intelligence 
community (as defined in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a(4))) that has custody or effective control of an 
individual shall, upon the detention of the individual--
            (1) immediately notify the International Committee of the 
        Red Cross of such custody or effective control; and
            (2) as soon as practicable, provide the International 
        Committee of the Red Cross physical and repeat access to such 
        individual.
    (b) Construction.--Subsection (a) shall not be construed to--
            (1) create or modify the authority of an element of the 
        intelligence community to detain an individual; or
            (2) limit or otherwise affect any other rights or 
        obligations which may arise under any provision of law or an 
        international agreement.

             TITLE III--ENHANCING PROSECUTION OF TERRORISTS

SEC. 301. FINDINGS.

    Congress finds the following:
            (1) International terrorists, including members of al 
        Qaeda, have carried out attacks on United States diplomatic and 
        military personnel and facilities abroad and on citizens and 
        property within the United States and constitute a grave and 
        sustained threat to the national security of the United States.
            (2) In response to the threat of international terrorism, 
        the United States must pursue a multi-faced strategy that 
        applies all appropriate tools of national power, including 
        military, diplomatic, economic, cultural, and legal tools.
            (3) The ability of the United States to detain, prosecute, 
        and convict individuals suspected of committing or supporting 
        terrorism or of otherwise waging hostilities against the United 
        States is vital to efforts to combat terrorism and to United 
        States national security.
            (4) Attempts to implement a military tribunal system in 
        accordance with Executive Order 13425, the Military Commissions 
        Act of 2006 (Public Law 109-366), or the President's Military 
        Order of November 13, 2001 (66 Fed. Reg. 57,833), have failed 
        to achieve their stated mission of bringing suspected 
        terrorists and combatants to justice. To date, the tribunals 
        and commissions established in connection with these efforts 
        have yielded just three convictions, the first following a 
        guilty plea by the defendant, and have failed to achieve the 
        conviction of a single individual in connection with the 
        terrorist attacks on the United States on September 11, 2001.
            (5) The United States Supreme Court has found serious 
        conflicts between efforts to implement a military tribunal 
        system for the trial of detained terrorist suspects and 
        obligations under the Constitution, Federal law, and 
        international treaties to which the United States is party.
            (6) The United States, through the Uniform Code of Military 
        Justice and the civilian justice system, possesses adequate 
        jurisdiction to try any individual engaged in committing, 
        conspiring to commit, or providing material support for, acts 
        of terrorism, unlawful combat, or other hostilities against the 
        United States.
            (7) The Uniform Code of Military Justice establishes a 
        system for the fair and speedy trial of combatants and others 
        engaged in hostilities against the United States for violations 
        against the law of war and related offenses.
            (8) The United States civilian justice system allows for 
        the fair and speedy trial of individuals who engage in 
        terrorist activities against the United States who are enemy 
        combatants, terrorists, or otherwise engaged in criminal acts, 
        and there is an extensive legal framework providing 
        jurisdiction over the offenses committed by such individuals.
            (9) Since September 11, 2001, the United States civilian 
        justice system has accumulated an impressive record of success 
        in prosecuting and convicting individuals suspected of 
        committing or supporting terrorism, having convicted at least 
        145 such individuals, and is an essential and effective tool in 
        combating international terrorism.
            (10) Existing laws and regulations, including the 
        Classified Information Procedures Act (18 U.S.C. App. 3; Public 
        Law 96-456), provide a detailed framework for protecting the 
        full range of sensitive and classified information during the 
        prosecution of cases involving terrorism offenses and related 
        crimes.
            (11) In addition to the existing United States civilian and 
        military justice systems, the Federal Government possesses 
        other legal authorities that may be useful as tools in 
        detaining and prosecuting international terrorists, including 
        authority to detain illegal aliens under Federal immigration 
        laws.
            (12) Given the failure of the military commissions system 
        established under the Military Commissions Act of 2006 (Public 
        Law 109-366) and other authorities, the legal and 
        constitutional obstacles to fully implementing military 
        commissions system, and the success and potential of the 
        civilian and military justice systems in bringing terrorists to 
        justice, the national security of the United States is best 
        served by vigorously pursuing efforts to bring terrorists to 
        justice through the United States civilian and military justice 
        systems.

SEC. 302. REPEAL OF MILITARY COMMISSIONS ACT OF 2006.

    (a) Repeal of Authority To Conduct Certain Military Commissions.--
            (1) In general.--Subtitle A of title 10, United States 
        Code, is amended by striking chapter 47A.
            (2) Clerical amendment.--The tables of chapters at the 
        beginning of subtitle A, and at the beginning of part II of 
        subtitle A, of title 10, United States Code, are each amended 
        by striking the item relating to chapter 47A.
    (b) Conforming Amendments to Uniform Code of Military Justice.--
Chapter 47 of title 10, United States Code (the Uniform Code of 
Military Justice), is amended as follows:
            (1) Repeal of applicability to lawful enemy combatants.--
        Section 802(a) (article 2(a)) is amended by striking paragraph 
        (13).
            (2) Repeal of exclusion of applicability.--Sections 821, 
        828, 848, 850(a), 904, and 906 (articles 21, 28, 48, 50(a), 
        104, and 106) are each amended by striking the following 
        sentence: ``This section does not apply to a military 
        commission established under chapter 47A of this title.''.
            (3) Repeal of inapplicability of requirements relating to 
        regulations.--Section 836 (article 36) is amended--
                    (A) in subsection (a), by striking ``, except as 
                provided in chapter 47A of this title,''; and
                    (B) in subsection (b), by striking ``, except 
                insofar as applicable to military commissions 
                established under chapter 47A of this title''.
    (c) Repeal of Punitive Article of Conspiracy.--Section 881 of title 
10, United States Code (article 81 of the Uniform Code of Military 
Justice), is amended--
            (1) by striking ``(a)'' before ``Any person''; and
            (2) by striking subsection (b).
    (d) Repeal of Provisions Relating to Treaty Requirements.--The 
Military Commissions Act of 2006 (Public Law 109-366) is amended by 
striking section 5 and subsection (a) of section 6.
    (e) Repeal of Revision to War Crimes Offense Under Federal Criminal 
Code.--
            (1) In general.--Section 2441 of title 18, United States 
        Code, is amended--
                    (A) in subsection (c), by striking paragraph (3) 
                and inserting the following new paragraph (3):
            ``(3) which constitutes a violation of common Article 3 of 
        the international conventions signed at Geneva, 12 August 1949, 
        or any protocol to such convention to which the United States 
        is a party and which deals with non-international armed 
        conflict; or''; and
                    (B) by striking subsection (d).
            (2) Retroactive applicability.--The amendments made by this 
        subsection shall take effect as of November 26, 1997, as if 
        enacted immediately after the amendments made by section 583 of 
        Public Law 105-118 (as amended by section 4002(e)(7) of Public 
        Law 107-273).
    (f) Repeal of Additional Prohibition on Cruel, Inhuman, or 
Degrading Treatment or Punishment.--The Military Commissions Act of 
2006 (Public Law 109-366) is amended by striking subsection (c) of 
section 6.
    (g) Repeal of Habeas Corpus Provision.--
            (1) Repeal.--Section 2241 of title 28, United States Code, 
        is amended by striking subsection (e).
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act, and 
        shall apply to all cases, without exception, pending on or 
        after the date of the enactment of this Act.
    (h) Repeal of Revisions to Detainee Treatment Act of 2005 Relating 
to Protection of Certain United States Government Personnel.--
            (1) In general.--Section 1004(b) of the Detainee Treatment 
        Act of 2005 (42 U.S.C. 2000dd-1(b)) is amended--
                    (A) by striking ``shall provide'' and inserting 
                ``may provide'';
                    (B) by striking ``or investigation'' after 
                ``criminal prosecution''; and
                    (C) by striking ``whether before United States 
                courts or agencies, foreign courts or agencies, or 
                international courts or agencies,''.
            (2) Conforming repeal.--The Military Commissions Act of 
        2006 (Public Law 109-366) is amended by striking subsection (b) 
        of section 8.
    (i) Repeal of Authority To Conduct Combatant Status Review 
Tribunals.--The Detainee Treatment Act of 2005 (title X of Public Law 
109-148) is amended by striking section 1005 (10 U.S.C. 801 note).

SEC. 303. CLOSURE OF DETENTION FACILITY AT NAVAL STATION, GUANTANAMO 
              BAY, CUBA, AND TREATMENT OF UNLAWFUL ENEMY COMBATANTS.

    (a) Closure of Guantanamo Bay Detention Facility.--Not later than 
180 days after the date of the enactment of this Act--
            (1) the President shall close the Department of Defense 
        detention facility at Guantanamo Bay, Cuba; and
            (2) each individual detained at such facility who has been 
        designated as an enemy combatant or unlawful enemy combatant 
        shall be removed from the facility and--
                    (A) transferred to a military or civilian detention 
                facility in the United States, charged with a violation 
                of United States law, and tried in a court constituted 
                pursuant to Article III of the Constitution or military 
                legal proceeding before a regularly-constituted court;
                    (B) transferred to an international tribunal 
                operating under the authority of the United Nations 
                with jurisdiction to hold trials of such individuals;
                    (C) transferred to the individual's country of 
                citizenship or a different country for further legal 
                process, as long as that the transfer complies with the 
                Convention Relating to the Status of Refugees, done at 
                Geneva July 28, 1951, the United Nations Convention 
                Against Torture and Other Forms of Cruel, Inhuman or 
                Degrading Treatment or Punishment, done at New York 
                December 10, 1984, and Federal law; or
                    (D) released from any further detention and, if 
                possible, transferred to the individual's country of 
                citizenship in accordance with the obligations of the 
                United States under international human rights and 
                humanitarian law.
    (b) Treatment of Enemy Combatants.--Not later than 60 days after 
the date of the enactment of this Act, the President shall submit to 
Congress a plan for the prosecution, transfer, release, or other 
disposition of the cases of all individuals designated as enemy 
combatants or unlawful enemy combatants, as defined in section 948a(1) 
of title 10, United States Code, as in effect immediately before the 
enactment of this Act.
    (c) Immigration Status.--The transfer of an individual under 
subsection (a) shall not be considered an entry into the United States 
for purposes of immigration status.

SEC. 304. SENSE OF CONGRESS.

    It is the sense of Congress that the President--
            (1) should vigorously investigate and prosecute, to the 
        full extent of the law, individuals and organizations suspected 
        of involvement with international terrorism, using all 
        available assets of the United States civilian and military 
        justice systems;
            (2) should carry out a review of the capacity of the United 
        States criminal justice system to successfully investigate and 
        prosecute individuals and organizations suspected of terrorism, 
        including the adequacy of existing Federal anti-terrorism laws, 
        and should inform Congress of any gaps or obstacles limiting 
        the ability of the United States to bring terrorists to 
        justice; and
            (3) should take immediate measures to enhance international 
        legal cooperation in the investigation and prosecution of 
        individuals and organizations suspected of involvement in 
        international terrorism, including enhancing international 
        police cooperation and working to improve the capacity of and 
        enhance United States participation in international tribunals 
        to prosecute terrorist acts.

            TITLE IV--INTEGRITY IN CUSTODIAL INTERROGATIONS

SEC. 401. UNIFORM STANDARDS FOR THE CONDUCT OF INTERROGATION OF PERSONS 
              IN THE CUSTODY OR CONTROL OF THE INTELLIGENCE COMMUNITY.

    (a) In General.--The President shall establish uniform standards 
for the interrogation of persons in the custody or under the effective 
control of the United States.
    (b) Standards.--
            (1) In general.--The standards established under subsection 
        (a) shall include a list of all practices or techniques of 
        interrogation that personnel of the United States are 
        authorized to practice during such an interrogation; and
            (2) Prohibitions.--The President shall ensure that no 
        practice or technique of interrogation is authorized if such 
        practice or technique subjects a person in the custody or under 
        the effective control of the United States to cruel, inhuman, 
        or degrading treatment in violation of Federal law, including--
                    (A) common Article 3 of the international 
                conventions, done at Geneva August 12, 1949, or any 
                protocol to such conventions to which the United States 
                is a party; or
                    (B) the Convention Against Torture and Other Cruel, 
                Inhuman, or Degrading Treatment or Punishment, done at 
                New York December 10, 1984 and entered into force for 
                the United States on November 20, 1994.
    (c) Input From the Intelligence Community.--The Director of 
National Intelligence and the Secretary of Defense shall be responsible 
for obtaining and providing to the President input from the head of 
each element of the intelligence community and each branch of the Armed 
Forces during the development and revision of the standards established 
under subsection (a).
    (d) Training.--The Director of National Intelligence and the 
Secretary of Defense shall ensure that personnel of the intelligence 
community and the United States Armed Forces, respectively, who are 
responsible for the interrogation of persons in the custody or under 
the effective control of the United States receive training regarding 
the Federal and international obligations and laws applicable to the 
humane treatment of detainees, including protections afforded under the 
conventions referred to in subparagraphs (A) and (B) of subsection 
(b)(2).
    (e) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall submit to 
        Congress a report on the implementation of this section, 
        including the standards established under subsection (b)(1).
            (2) Update.--Not later than 30 days after the President 
        approves a change to the standards established under subsection 
        (b)(1), the President shall submit to Congress an update of 
        such standards.
            (3) Form.--The report under paragraph (1) and updated 
        standards under paragraph (2) shall be submitted in 
        unclassified form, but may include a classified annex.

SEC. 402. PROHIBITION ON THE USE OF PRIVATE CONTRACTORS FOR ACTIVITIES 
              INVOLVING PERSONS IN THE CUSTODY OR UNDER THE EFFECTIVE 
              CONTROL OF THE INTELLIGENCE COMMUNITY.

    (a) In General.--Title XI of the National Security Act of 1947 (50 
U.S.C. 442 et seq.) is further amended by adding at the end the 
following new section:

``SEC. 1104. PROHIBITION ON THE USE OF PRIVATE CONTRACTORS FOR 
              ACTIVITIES INVOLVING PERSONS IN THE CUSTODY OR UNDER THE 
              EFFECTIVE CONTROL OF THE INTELLIGENCE COMMUNITY.

    ``(a) In General.--Notwithstanding any other provision of law, no 
element of the intelligence community may award a contract for 
performance related to an activity described in subsection (b).
    ``(b) Activities.--An activity described in this subsection--
            ``(1) is an activity relating to the capture, custody, 
        control, or other pertinent interaction with an individual who 
        is a detainee or prisoner in the custody or under the effective 
        control of the Federal Government, including, with regard to 
        such an individual--
                    ``(A) arrest;
                    ``(B) interrogation;
                    ``(C) detention; or
                    ``(D) transportation or transfer; and
            ``(2) does not include the performance of work related to 
        language interpretation, if such work occurs under the direct 
        supervision of Federal Government personnel, or to the 
        provision of medical assistance or treatment.''.
    (b) Conforming Amendment.--The table of contents in the first 
section of such Act is amended by adding at the end the following new 
item:

``Sec. 1104. Prohibition on the use of private contractors for 
                            activities involving persons in the custody 
                            or under the effective control of the 
                            intelligence community.''.
    (c) Effective Date.--Section 1104 of the National Security Act of 
1947 (as added by subsection (a)) shall take effect on the date that is 
180 days after the date of the enactment of this Act.

SEC. 403. REQUIREMENT FOR VIDEOTAPING OR OTHERWISE ELECTRONICALLY 
              RECORDING STRATEGIC INTERROGATIONS.

    (a) In General.--In accordance with the guidelines developed 
pursuant to subsection (e) and section 401, the President 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 United States or under detention in a United States 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 President shall 
provide for the appropriate classification of video tapes or other 
electronic recordings made pursuant to subsection (a). The use of such 
classified video tapes or other electronic recordings in a civilian or 
military court proceeding or other proceeding under the laws of the 
United States shall be governed by applicable rules, regulations, and 
law.
    (c) 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.
    (d) Guidelines for Videotape and Other Electronic Recordings.--
            (1) Development of guidelines.--The President 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 applicable United 
                States 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 Act, the President shall 
        submit to Congress a report containing the guidelines developed 
        under paragraph (1). Such report shall be submitted in 
        unclassified form, but may include a classified annex.
    (e) Strategic Intelligence Interrogation Defined.--In this section, 
the term ``strategic intelligence interrogation'' means an 
interrogation of a person described in subsection (a) conducted by a 
personnel of the intelligence community or a member of the United 
States Armed Forces at--
            (1) corps or theater-level military detention facility, as 
        defined in the Army Field Manual on Human Intelligence 
        Collector Operations (FM 2-22.3, September 11, 2006) or any 
        successor thereto, or a comparable centralized detention 
        facility operated by any element of the intelligence community 
        (as defined in section 3(4) of the National Security Act of 
        1947 (50 U.S.C. 401a(4)));
            (2) a detention facility outside the area of operations 
        (AOR) where the detainee or prisoner was initially captured, 
        including--
                    (A) a detention facility owned, operated, borrowed, 
                or leased by the United States Government; and
                    (B) a detention facility of a foreign government at 
                which United States Government personnel are permitted 
                to conduct interrogations by the foreign government in 
                question.

 TITLE V--BUILDING LONG-TERM CAPACITY FOR EFFECTIVE HUMAN INTELLIGENCE 
                               COLLECTION

SEC. 501. SENSE OF CONGRESS REGARDING INTERNATIONAL COOPERATION ON 
              HUMAN INTELLIGENCE COLLECTION.

    (a) Findings.--Congress finds the following:
            (1) Key allies of the United States have accrued 
        significant experience over the course of several years in the 
        collection of human intelligence relating to efforts to prevent 
        terrorism and eradicate terrorist organizations.
            (2) The United States could substantially benefit from 
        cooperation with such allies on identifying and examining the 
        most effective laws, practices, and policies relating to human 
        intelligence collection.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the President, acting through the Secretary of Defense 
        and the Director for National Intelligence, should cooperate 
        with other nations to support the mutual improvement of human 
        intelligence collection capabilities, including through--
                    (A) the mutual exchange and review of doctrine, 
                laws and regulations, best practices, and lessons 
                learned relating to human intelligence collection 
                capabilities;
                    (B) participation by United States personnel in 
                international exercises relating to human intelligence 
                collection; and
                    (C) participation by United States personnel in 
                seminars, conferences, and other educational activities 
                relating to human intelligence collection; and
            (2) the President should not cooperate with regards to 
        human intelligence collection with a nation that is not a party 
        to the Convention Against Torture and Other Cruel, Inhuman, or 
        Degrading Treatment or Punishment.

SEC. 502. INTERAGENCY CENTER FOR EXCELLENCE ON HUMAN INTELLIGENCE 
              COLLECTION UNITED STATES.

    (a) Center Authorized.--The President, in consultation with the 
Director of National Intelligence and the Secretary of Defense, shall 
establish a center to be known as the United States Center for 
Excellence in Human Intelligence Collection (in this section referred 
to as the ``Center'').
    (b) Purpose.--The purpose of the Center shall be to educate and 
train members of the United States Armed Forces and personnel of the 
intelligence community to conduct research and examine doctrine and 
policy related to human intelligence collection, with emphasis on 
practices related to the interrogation and detention of hostile actors 
and human intelligence collection on the battlefield or in relation to 
United States efforts to combat global terrorism.
    (c) Duties.--The Center shall--
            (1) provide and facilitate education and training for 
        members of the United States Armed Forces and personnel of the 
        intelligence community on the practice of human intelligence 
        collection, including--
                    (A) strategies, techniques, best practices, and 
                lessons learned relating to the interrogation of 
                individuals for intelligence purposes;
                    (B) United States policy, regulations, and law 
                regarding authorized interrogation practices and 
                techniques;
                    (C) strategies, techniques, best practices, and 
                lessons learned relating to human source operations for 
                intelligence purposes; and
                    (D) command, management, and oversight of U.S. 
                personnel involved in human intelligence collection;
            (2) collaborate with existing agency or service specific 
        entities that provide education and training on the practice of 
        human intelligence collection, and provide advanced training 
        for instructors at such entities;
            (3) foster interoperability and cooperation between human 
        intelligence collectors working for different elements of the 
        intelligence community;
            (4) provide and facilitate ongoing study and scientific 
        research into all aspects of operations and doctrine relating 
        to human intelligence collection, including the identification 
        of best practices and the development of recommendations for 
        policy and doctrine reform; and
            (5) conduct a regular review of United States policies 
        relating to human intelligence collection.
    (d) Eligible Personnel.--The Center may provide training and 
education to--
            (1) members of the United States Armed Forces;
            (2) personnel employed by an element of the intelligence 
        community; and
            (3) other personnel of the Federal Government, at the 
        discretion of the President.
    (e) Annual Report.--Not later than March 31 of each year, the 
President shall submit to Congress a report on the activities of the 
Center during the preceding year.
    (f) Intelligence Community Defined.--In this section, the term 
``intelligence community'' has the meaning given the term in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

SEC. 503. UNITED STATES MILITARY INTELLIGENCE SPECIALISTS.

    (a) Findings.--Congress finds the following:
            (1) Ensuring the national security of the United States, 
        including through long-term efforts to combat global terrorism, 
        the vigilant defense against proliferation and use of weapons 
        of mass destruction, and the use of military force as a last 
        resort to defend the Nation, will require a sustained capacity 
        for effective human intelligence collection.
            (2) The United States Armed Forces will, in the course of 
        carrying out their duties in defense of our Nation, be required 
        to carry out human intelligence collection activities.
            (3) Improving the human intelligence collection capacity of 
        the United States Armed Forces requires the maintenance of a 
        corps of career military professionals in the discipline of 
        human intelligence who are experts in the practice and 
        management of human intelligence collection and who can carry 
        out sustained long-term intelligence operations.
    (b) Improvement of Human Intelligence Collection Capabilities.--The 
Secretary of Defense shall develop a strategy to--
            (1) reform organizational and incentive structures to--
                    (A) provide for career-long focus in the human 
                intelligence discipline for military officers of each 
                military department;
                    (B) ensure career advancement opportunities for 
                officers specializing in the human intelligence 
                discipline that are focused on human intelligence 
                collection, rather than service with or command of a 
                military unit not involved in the intelligence 
                discipline; and
                    (C) organize, within the human intelligence career 
                field, assignments, promotions, and incentives 
                structured with the goal of developing and increasing 
                expertise in the human intelligence discipline and 
                preparing officers for greater responsibilities within 
                that discipline;
            (2) provide ongoing professional education and development 
        in specialized intelligence skills, specialized language and 
        cultural skills, relevant law and doctrine pertaining to the 
        practice of human intelligence activities, and command, 
        management, and oversight of personnel involved in human 
        intelligence activities;
            (3) provide training in human intelligence activities for 
        select personnel not assigned to an intelligence career field 
        in order to enable a surge capacity for assigning personnel to 
        human intelligence activities when additional personnel are 
        needed for military intelligence activities; and
            (4) assign human intelligence personnel to positions 
        according to geographic, language, or cultural expertise.
    (c) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report on the development of the strategy required under 
subsection (b).

SEC. 504. STRATEGY FOR DETENTION OF TERRORIST SUSPECTS AND CONVICTS.

    (a) Findings.--Congress finds the following:
            (1) A 2006 study by George Washington University and the 
        University of Virginia entitled ``Out of the Shadows'' found 
        that ``Radicalization in prisons is a global problem and bears 
        upon the national security of the U.S.''.
            (2) The Report of the Task Force on the Future of 
        Terrorism, a task force created at the direction of the 
        Secretary of Homeland Security and comprised of members of the 
        Homeland Security Advisory Council, recommended to the 
        Secretary of Homeland Security that ``The Department should 
        develop and immediately implement, in concert with the 
        Department of Justice and State and local corrections 
        officials, a program to address prisoner radicalization and 
        post-sentence reintegration''.
            (3) Since Operation Iraqi Freedom began in March 2003, the 
        United States has detained more than 65,000 Iraqis, with each 
        individual remaining in detention for an average of over 300 
        days.
            (4) On April 8, 2007, the Los Angeles Times reported that 
        ``U.S. run detention camps in Iraq have become a breeding 
        ground for extremists where Islamic militants recruit and train 
        supporters.''.
    (b) Strategy Required.--Not later than one year after the enactment 
of this Act, the President, in consultation with the Secretary of 
Homeland Security, the Attorney General, the Secretary of Defense, and 
the Director of National Intelligence, shall submit to Congress a 
strategy for the detention of terrorist suspects and convicts. Such 
strategy shall include--
            (1) an assessment of the threat posed by radicalization or 
        recruitment for terrorist activities of detained and imprisoned 
        individuals; and
            (2) a plan for minimizing radicalization and terrorist 
        recruitment in detention or prison facilities operated by the 
        United States that--
                    (A) addresses the potential radicalization of 
                prisoners in facilities operated by the Bureau of 
                Prisons or by State or local authorities within the 
                United States; and
                    (B) addresses the potential radicalization of 
                prisoners in detention facilities operated by the 
                United States in an area where the United States Armed 
                Forces are conducting combat or peacekeeping 
                operations, including detention facilities in Iraq and 
                Afghanistan.
                                 <all>