[Congressional Bills 111th Congress]
[From the U.S. Government Printing 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.
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