II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lawful Interrogation 

5 and Detention Act’’. 


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1 SEC. 2. INTELLIGENCE COMMUNITY DEFINED. 

2 In this Act, the term ‘‘intelligence community’’ has 

3 the meaning given that term in section 3(4) of the Na4 tional Security Act of 1947 (50 U.S.C. 401a(4)). 

5 SEC. 3. CLOSURE OF DETENTION FACILITY AT GUANTA6 NAMO BAY. 

7 (a) REQUIREMENT TO CLOSE.—Not later than 1 

8 year after the date of the enactment of this Act, the Presi9 dent shall close the detention facility at Guantanamo Bay, 

10 Cuba operated by the Secretary of Defense and remove 

11 all detainees from such facility. 

12 (b) DETAINEES.—Prior to the date that the Presi13 dent closes the detention facility at Guantanamo Bay, 

14 Cuba, as required by subsection (a), each individual de15 tained at such facility shall be treated exclusively through 

16 one of the following: 

17 (1) The individual shall be charged with a viola18 tion of United States or international law and trans19 ferred to a military or Federal civilian detention fa20 cility in the United States for further legal pro21 ceedings, provided that such a Federal civilian facil22 ity or military facility has received the highest secu23 rity rating available for such a facility. 

24 (2) The individual shall be transferred to an 

25 international tribunal operating under the authority 


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1 of the United Nations that has jurisdiction to hold 

2 a trial of such individual. 

3 (3) The individual shall be transferred to the 

4 custody of the government of the individual’s coun5 try of citizenship or a different country, provided 

6 that such transfer is consistent with— 

7 (A) the Convention Against Torture and 

8 Other Forms of Cruel, Inhuman or Degrading 

9 Treatment or Punishment done at New York, 

10 December 10, 1984; 

11 (B) all relevant United States law; and 

12 (C) any other international obligation of 

13 the United States. 

14 (4) If the Secretary of Defense and Director of 

15 National Intelligence determine, jointly, that the in16 dividual poses no security threat to the United 

17 States and actions cannot be taken under paragraph 

18 (1) or (3), the individual shall be released from fur19 ther detention. 

20 (5) The individual shall be held in accordance 

21 with the law of armed conflict. 

22 (c) REPORTING REQUIREMENTS.— 

23 (1) REQUIREMENT FOR REPORT.—Not later 

24 than 90 days after the date of the enactment of this 

25 Act, the President shall submit to Congress a report 


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1 that describes the President’s plan to implement this 

2 section. 

3 (2) REQUIREMENT TO UPDATE.—The President 

4 shall keep Congress fully and currently informed of 

5 the steps taken to implement this section. 

6 (d) CONSTRUCTION.— 

7 (1) IMMIGRATION STATUS.—The transfer of an 

8 individual under subsection (b) shall not be consid9 ered an entry into the United States for purposes of 

10 immigration status. 

11 (2) NO ADDITIONAL DETENTION AUTHORITY.— 

12 Nothing in this section may be construed as altering 

13 or adding to existing authorities for, or restrictions 

14 on, the detention, treatment, or transfer of individ15 uals in United States custody. 

16 SEC. 4. LIMITATION ON INTERROGATION TECHNIQUES. 

17 No individual in the custody or under the effective 

18 control of personnel of an element of the intelligence com19 munity or a contractor or subcontractor of an element of 

20 the intelligence community, regardless of nationality or 

21 physical location of such individual or personnel, shall be 

22 subject to any treatment or technique of interrogation not 

23 authorized by the United States Army Field Manual on 

24 Human Intelligence Collector Operations. 


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1 SEC. 5. PROHIBITION ON INTERROGATIONS BY CONTRAC2 TORS. 

3 The Director of the Central Intelligence Agency shall 

4 not allow a contractor or subcontractor to the Central In5 telligence Agency to carry out an interrogation of an indi6 vidual. Any interrogation carried out on behalf of the Cen7 tral Intelligence Agency shall be conducted by an employee 

8 of such Agency. 

9 SEC. 6. NOTIFICATION OF THE INTERNATIONAL COM10 MITTEE OF THE RED CROSS. 

11 (a) REQUIREMENT.—The head of an element of the 

12 intelligence community or a contractor or subcontractor 

13 of such element who detains or has custody or effective 

14 control of an individual shall notify the International Com15 mittee of the Red Cross of the detention of the individual 

16 and provide access to such individual in a manner con17 sistent with the practices of the Armed Forces. 

18 (b) CONSTRUCTION.—Nothing in this section shall be 

19 construed— 

20 (1) to create or otherwise imply the authority to 

21 detain; or 

22 (2) to limit or otherwise affect any other rights 

23 or obligations which may arise under the Geneva 

24 Conventions, other international agreements, or 

25 other laws, or to state all of the situations under 


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1 which notification to and access for the International 

2 Committee of the Red Cross is required or allowed. 

Æ 


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