To authorize lawful interrogation methods in addition to those authorized by the Army Field Manual for the collection of foreign intelligence information through interrogations.

1. Adds SEC. 1038. AUTHORITY FOR LAWFUL INTERROGATION METHODS IN ADDITION TO THE INTERROGATION METHODS AUTHORIZED BY THE ARMY FIELD MANUAL at the end of subtitle D of title X

   Adds a section

   In S. 1867 · Placed on Calendar Senate

   "(2) A plea agreement under this subsection may not provide for a sentence of death imposed by a military judge alone. A sentence of death may only be imposed by the unanimous vote of all members of a military commission concurring in the sentence of death as provided in section 949m(b)(2)(D) of this title.".

   Inserted: SEC. 1038. AUTHORITY FOR LAWFUL INTERROGATION METHODS IN ADDITION TO THE INTERROGATION METHODS AUTHORIZED BY THE ARMY FIELD MANUAL.

   Inserted: (a) Authority.--Notwithstanding section 1402 of the Detainee Treatment Act of 2005 (10 U.S.C. 801 note), the personnel of the United States Government specified in subsection (c) are hereby authorized to engage in interrogation for the purpose of collecting foreign intelligence information using methods set forth in the classified annex required by subsection (b) provided that such interrogation methods comply with all applicable laws, including the laws specified in subsection (d).

   Inserted: (b) Classified Annex.--Not later than 90 days after the date of the enactment of this Act, and on such basis thereafter as may be necessary for the effective collection of foreign intelligence information, the Secretary of Defense shall, in consultation with the Director of National Intelligence and the Attorney General, ensure the adoption of a classified annex to Army Field Manual 2-22.3 that sets forth interrogation techniques and approaches, in addition to those specified in Army Field Manual 2-22.3, that may be used for the effective collection of foreign intelligence information.

   Inserted: (c) Covered Personnel.--The personnel of the United States Government specified in this subsection are the officers and employees of the elements of the intelligence community that are assigned to or support the entity responsible for the interrogation of high value detainees (currently known as the "High Value Detainee Interrogation Group"), or a successor entity.

   Inserted: (d) Specified Laws.--The law specified in this subsection is as follows:

   Inserted: (1) The United Nations Convention Against Torture, signed at New York, February 4, 1985.

   Inserted: (2) Chapter 47A of title 10, United States Code, relating to military commissions (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).

   Inserted: (3) The Detainee Treatment Act of 2005 (title XIV of Public Law 109-163).

   Inserted: (4) Section 2441 of title 18, United States Code.

   Inserted: (e) Supersedure of Executive Order.--The provisions of Executive Order No. 13491, dated January 22, 2009, shall have no further force or effect, to the extent such provisions are inconsistent with the provisions of this section.

   Inserted: (f) Definitions.--In this section:

   Inserted: (1) Element of the intelligence community.--The term "element of the intelligence community" means an element of the intelligence community listed or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

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   Inserted: (2) Foreign intelligence information.--The term "foreign intelligence information" has the meaning given that term in section 101(e) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(e)).

   Original wording

   At the end of subtitle D of title X, add the following:

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As printed