[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 147 Introduced in Senate (IS)]







111th CONGRESS
  1st Session
                                 S. 147

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 6, 2009

   Mrs. Feinstein (for herself, Mr. Rockefeller, Mr. Wyden, and Mr. 
  Whitehouse) introduced the following bill; which was read twice and 
            referred to the Select Committee on Intelligence

_______________________________________________________________________

                                 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.

    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 ``Lawful Interrogation and Detention 
Act''.

SEC. 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)).

SEC. 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.
            (5) The individual shall be held in accordance with the law 
        of armed conflict.
    (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.

SEC. 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.

SEC. 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.

SEC. 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.
                                 <all>