II
110th CONGRESS
2d Session
S. 3437
IN THE SENATE OF THE UNITED STATES
August 1, 2008
Mrs. Feinstein (for herself, Mr. Rockefeller, Mr. Whitehouse, Mr. Hagel, Mr. Feingold, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Select Committee on Intelligence
A BILL
To limit the use of certain interrogation techniques, to require notification of the International Committee of the Red Cross of detainees, to prohibit interrogation by contractors, and for other purposes.
Short title
This Act may be cited as
the Restoring America's Integrity
Act
.
Definitions
In this Act:
Instrumentality
The
term instrumentality
, with respect to an element of the
intelligence community, means a contractor or subcontractor at any tier of the
element of the intelligence community.
Intelligence community
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)).
Limitation on interrogation techniques
No individual in the custody or under the effective control of personnel of an element of the intelligence community or instrumentality 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.
Notification of the International Committee of the Red Cross
Requirement
The head of an element of the intelligence community or an instrumentality 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.
Construction
Nothing in this section shall be construed—
to create or otherwise imply the authority to detain; or
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.
Prohibition on interrogations by contractors
The Director of the Central Intelligence Agency may not permit 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.