I 

111TH CONGRESS 

1ST SESSION H. R. 591 

To improve United States capabilities for gathering human intelligence 

through the effective interrogation and detention of terrorist suspects 

and for bringing terrorists to justice through effective prosecution in 

accordance with the principles and values set forth in the Constitution 

and other laws. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 15, 2009 

Mr. PRICE of North Carolina (for himself, Mr. HOLT, Mr. HINCHEY, Ms. 

SCHAKOWSKY, Mr. BLUMENAUER, Mr. MILLER of North Carolina, Mr. 

WATT, Mr. MCGOVERN, Mr. OLVER, Ms. DELAURO, and Mr. LARSON of 

Connecticut) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on the Judiciary, Foreign Affairs, and Select Intelligence (Permanent Select), for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To improve United States capabilities for gathering human 

intelligence through the effective interrogation and detention of terrorist suspects and for bringing terrorists to 

justice through effective prosecution in accordance with 

the principles and values set forth in the Constitution 

and other laws. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Interrogation and De3 tention Reform Act of 2008’’. 

4 TITLE I—INTERROGATION 

5 POLICY 

6 SEC. 101. STATEMENT OF POLICY. 

7 It shall be the policy of the United States to— 

8 (1) vigorously implement a sustained national 

9 strategy to combat the short- and long-term threat 

10 to national security posed by global terrorism and 

11 global terrorist organizations using all appropriate 

12 instruments of United States national power; 

13 (2) arrest, detain, and prosecute to the full ex14 tent of the law individuals who are involved in or are 

15 providing material support for terrorist activities, 

16 and use all appropriate means to obtain from indi17 viduals lawfully in United States custody timely, ac18 curate, and actionable intelligence to protect the na19 tional security interests of the United States; 

20 (3) provide extensive specialized training to per21 sonnel working in support of the Federal Govern22 ment who are involved in the arrest, detention, inter23 rogation, and prosecution of terrorist suspects; 

24 (4) enforce, in the arrest, detention, interroga25 tion, and prosecution of terrorist suspects, standards 

26 of conduct that uphold the principles of human 


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1 rights that are set forth in the Constitution and 

2 have been held sacred by generations of Americans; 

3 (5) prohibit the application of all forms of tor4 ture and cruel and inhuman or degrading treatment 

5 or punishment during the arrest, detention, interro6 gation, and prosecution of terrorist suspects and ag7 gressively work to prevent such behaviors by per8 sonnel that come into contact with terrorist suspects 

9 while such suspects are in the custody or under the 

10 effective control of the Federal Government; 

11 (6) actively seek to research and develop the 

12 most effective practices for arrest, detention, interro13 gation, and prosecution of terrorist suspects in co14 operation with nations allied with the United States, 

15 incorporating insights from past international expe16 riences in combating global terrorism and global ter17 rorist organizations; 

18 (7) develop and regularly monitor policies re19 lated to the arrest, detention, interrogation, and 

20 prosecution of terrorist suspects to ensure that their 

21 effective exercise is consistent with the United 

22 States’ strategic goals of weakening global terrorist 

23 organizations and their recruitment capabilities over 

24 the long term and strengthening the international 

25 leadership of the United States; and 


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1 (8) work through international fora, including 

2 the United Nations, to strengthen the capacity of 

3 international treaties and organizations to confront 

4 the challenge of global terrorism. 

5 TITLE II—DETENTION OF 

6 TERRORIST SUSPECTS 

7 SEC. 201. REGISTRATION WITH THE INTERNATIONAL COM8 MITTEE OF THE RED CROSS. 

9 (a) REGISTRATION.—The head of an element of the 

10 intelligence community (as defined in section 3(4) of the 

11 National Security Act of 1947 (50 U.S.C. 401a(4))) that 

12 has custody or effective control of an individual shall, upon 

13 the detention of the individual— 

14 (1) immediately notify the International Com15 mittee of the Red Cross of such custody or effective 

16 control; and 

17 (2) as soon as practicable, provide the Inter18 national Committee of the Red Cross physical and 

19 repeat access to such individual. 

20 (b) CONSTRUCTION.—Subsection (a) shall not be con21 strued to— 

22 (1) create or modify the authority of an element 

23 of the intelligence community to detain an indi24 vidual; or 


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1 (2) limit or otherwise affect any other rights or 

2 obligations which may arise under any provision of 

3 law or an international agreement. 

4 TITLE III—ENHANCING 

5 PROSECUTION OF TERRORISTS 

6 SEC. 301. FINDINGS. 

7 Congress finds the following: 

8 (1) International terrorists, including members 

9 of al Qaeda, have carried out attacks on United 

10 States diplomatic and military personnel and facili11 ties abroad and on citizens and property within the 

12 United States and constitute a grave and sustained 

13 threat to the national security of the United States. 

14 (2) In response to the threat of international 

15 terrorism, the United States must pursue a multi16 faced strategy that applies all appropriate tools of 

17 national power, including military, diplomatic, eco18 nomic, cultural, and legal tools. 

19 (3) The ability of the United States to detain, 

20 prosecute, and convict individuals suspected of com21 mitting or supporting terrorism or of otherwise wag22 ing hostilities against the United States is vital to 

23 efforts to combat terrorism and to United States na24 tional security. 


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1 (4) Attempts to implement a military tribunal 

2 system in accordance with Executive Order 13425, 

3 the Military Commissions Act of 2006 (Public Law 

4 109–366), or the President’s Military Order of No5 vember 13, 2001 (66 Fed. Reg. 57,833), have failed 

6 to achieve their stated mission of bringing suspected 

7 terrorists and combatants to justice. To date, the 

8 tribunals and commissions established in connection 

9 with these efforts have yielded just three convictions, 

10 the first following a guilty plea by the defendant, 

11 and have failed to achieve the conviction of a single 

12 individual in connection with the terrorist attacks on 

13 the United States on September 11, 2001. 

14 (5) The United States Supreme Court has 

15 found serious conflicts between efforts to implement 

16 a military tribunal system for the trial of detained 

17 terrorist suspects and obligations under the Con18 stitution, Federal law, and international treaties to 

19 which the United States is party. 

20 (6) The United States, through the Uniform 

21 Code of Military Justice and the civilian justice sys22 tem, possesses adequate jurisdiction to try any indi23 vidual engaged in committing, conspiring to commit, 

24 or providing material support for, acts of terrorism, 


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1 unlawful combat, or other hostilities against the 

2 United States. 

3 (7) The Uniform Code of Military Justice es4 tablishes a system for the fair and speedy trial of 

5 combatants and others engaged in hostilities against 

6 the United States for violations against the law of 

7 war and related offenses. 

8 (8) The United States civilian justice system al9 lows for the fair and speedy trial of individuals who 

10 engage in terrorist activities against the United 

11 States who are enemy combatants, terrorists, or oth12 erwise engaged in criminal acts, and there is an ex13 tensive legal framework providing jurisdiction over 

14 the offenses committed by such individuals. 

15 (9) Since September 11, 2001, the United 

16 States civilian justice system has accumulated an 

17 impressive record of success in prosecuting and con18 victing individuals suspected of committing or sup19 porting terrorism, having convicted at least 145 such 

20 individuals, and is an essential and effective tool in 

21 combating international terrorism. 

22 (10) Existing laws and regulations, including 

23 the Classified Information Procedures Act (18 

24 U.S.C. App. 3; Public Law 96–456), provide a de25 tailed framework for protecting the full range of senVerDate Nov 24 2008 00:05 Jan 21, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H591.IH H591

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1 sitive and classified information during the prosecu2 tion of cases involving terrorism offenses and related 

3 crimes. 

4 (11) In addition to the existing United States 

5 civilian and military justice systems, the Federal 

6 Government possesses other legal authorities that 

7 may be useful as tools in detaining and prosecuting 

8 international terrorists, including authority to detain 

9 illegal aliens under Federal immigration laws. 

10 (12) Given the failure of the military commis11 sions system established under the Military Commis12 sions Act of 2006 (Public Law 109–366) and other 

13 authorities, the legal and constitutional obstacles to 

14 fully implementing military commissions system, and 

15 the success and potential of the civilian and military 

16 justice systems in bringing terrorists to justice, the 

17 national security of the United States is best served 

18 by vigorously pursuing efforts to bring terrorists to 

19 justice through the United States civilian and mili20 tary justice systems. 

21 SEC. 302. REPEAL OF MILITARY COMMISSIONS ACT OF 2006. 

22 (a) REPEAL OF AUTHORITY TO CONDUCT CERTAIN

23 MILITARY COMMISSIONS.— 


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1 (1) IN GENERAL.—Subtitle A of title 10, 

2 United States Code, is amended by striking chapter 

3 47A. 

4 (2) CLERICAL AMENDMENT.—The tables of 

5 chapters at the beginning of subtitle A, and at the 

6 beginning of part II of subtitle A, of title 10, United 

7 States Code, are each amended by striking the item 

8 relating to chapter 47A. 

9 (b) CONFORMING AMENDMENTS TO UNIFORM CODE

10 OF MILITARY JUSTICE.—Chapter 47 of title 10, United 

11 States Code (the Uniform Code of Military Justice), is 

12 amended as follows: 

13 (1) REPEAL OF APPLICABILITY TO LAWFUL

14 ENEMY COMBATANTS.—Section 802(a) (article 2(a)) 

15 is amended by striking paragraph (13). 

16 (2) REPEAL OF EXCLUSION OF APPLICA17 BILITY.—Sections 821, 828, 848, 850(a), 904, and 

18 906 (articles 21, 28, 48, 50(a), 104, and 106) are 

19 each amended by striking the following sentence: 

20 ‘‘This section does not apply to a military commis21 sion established under chapter 47A of this title.’’. 

22 (3) REPEAL OF INAPPLICABILITY OF REQUIRE23 MENTS RELATING TO REGULATIONS.—Section 836 

24 (article 36) is amended— 


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1 (A) in subsection (a), by striking ‘‘, except 

2 as provided in chapter 47A of this title,’’; and 

3 (B) in subsection (b), by striking ‘‘, except 

4 insofar as applicable to military commissions 

5 established under chapter 47A of this title’’. 

6 (c) REPEAL OF PUNITIVE ARTICLE OF CON7 SPIRACY.—Section 881 of title 10, United States Code 

8 (article 81 of the Uniform Code of Military Justice), is 

9 amended— 

10 (1) by striking ‘‘(a)’’ before ‘‘Any person’’; and 

11 (2) by striking subsection (b). 

12 (d) REPEAL OF PROVISIONS RELATING TO TREATY

13 REQUIREMENTS.—The Military Commissions Act of 2006 

14 (Public Law 109–366) is amended by striking section 5 

15 and subsection (a) of section 6. 

16 (e) REPEAL OF REVISION TO WAR CRIMES OFFENSE

17 UNDER FEDERAL CRIMINAL CODE.— 

18 (1) IN GENERAL.—Section 2441 of title 18, 

19 United States Code, is amended— 

20 (A) in subsection (c), by striking para21 graph (3) and inserting the following new para22 graph (3): 

23 ‘‘(3) which constitutes a violation of common 

24 Article 3 of the international conventions signed at 

25 Geneva, 12 August 1949, or any protocol to such 


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1 convention to which the United States is a party and 

2 which deals with non-international armed conflict; 

3 or’’; and 

4 (B) by striking subsection (d). 

5 (2) RETROACTIVE APPLICABILITY.—The 

6 amendments made by this subsection shall take ef7 fect as of November 26, 1997, as if enacted imme8 diately after the amendments made by section 583 

9 of Public Law 105–118 (as amended by section 

10 4002(e)(7) of Public Law 107–273). 

11 (f) REPEAL OF ADDITIONAL PROHIBITION ON

12 CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUN13 ISHMENT.—The Military Commissions Act of 2006 (Pub14 lic Law 109–366) is amended by striking subsection (c) 

15 of section 6. 

16 (g) REPEAL OF HABEAS CORPUS PROVISION.— 

17 (1) REPEAL.—Section 2241 of title 28, United 

18 States Code, is amended by striking subsection (e). 

19 (2) EFFECTIVE DATE.—The amendment made 

20 by paragraph (1) shall take effect on the date of the 

21 enactment of this Act, and shall apply to all cases, 

22 without exception, pending on or after the date of 

23 the enactment of this Act. 


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1 (h) REPEAL OF REVISIONS TO DETAINEE TREAT2 MENT ACT OF 2005 RELATING TO PROTECTION OF CER3 TAIN UNITED STATES GOVERNMENT PERSONNEL.— 

4 (1) IN GENERAL.—Section 1004(b) of the De5 tainee Treatment Act of 2005 (42 U.S.C. 2000dd– 

6 1(b)) is amended— 

7 (A) by striking ‘‘shall provide’’ and insert8 ing ‘‘may provide’’; 

9 (B) by striking ‘‘or investigation’’ after 

10 ‘‘criminal prosecution’’; and 

11 (C) by striking ‘‘whether before United 

12 States courts or agencies, foreign courts or 

13 agencies, or international courts or agencies,’’. 

14 (2) CONFORMING REPEAL.—The Military Com15 missions Act of 2006 (Public Law 109–366) is 

16 amended by striking subsection (b) of section 8. 

17 (i) REPEAL OF AUTHORITY TO CONDUCT COMBAT18 ANT STATUS REVIEW TRIBUNALS.—The Detainee Treat19 ment Act of 2005 (title X of Public Law 109–148) is 

20 amended by striking section 1005 (10 U.S.C. 801 note). 


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1 SEC. 303. CLOSURE OF DETENTION FACILITY AT NAVAL 

2 STATION, GUANTANAMO BAY, CUBA, AND 

3 TREATMENT OF UNLAWFUL ENEMY COMBAT4 ANTS. 

5 (a) CLOSURE OF GUANTANAMO BAY DETENTION FA6 CILITY.—Not later than 180 days after the date of the 

7 enactment of this Act— 

8 (1) the President shall close the Department of 

9 Defense detention facility at Guantanamo Bay, 

10 Cuba; and 

11 (2) each individual detained at such facility who 

12 has been designated as an enemy combatant or un13 lawful enemy combatant shall be removed from the 

14 facility and— 

15 (A) transferred to a military or civilian de16 tention facility in the United States, charged 

17 with a violation of United States law, and tried 

18 in a court constituted pursuant to Article III of 

19 the Constitution or military legal proceeding be20 fore a regularly-constituted court; 

21 (B) transferred to an international tri22 bunal operating under the authority of the 

23 United Nations with jurisdiction to hold trials 

24 of such individuals; 

25 (C) transferred to the individual’s country 

26 of citizenship or a different country for further 


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1 legal process, as long as that the transfer com2 plies with the Convention Relating to the Status 

3 of Refugees, done at Geneva July 28, 1951, the 

4 United Nations Convention Against Torture 

5 and Other Forms of Cruel, Inhuman or De6 grading Treatment or Punishment, done at 

7 New York December 10, 1984, and Federal 

8 law; or 

9 (D) released from any further detention 

10 and, if possible, transferred to the individual’s 

11 country of citizenship in accordance with the 

12 obligations of the United States under inter13 national human rights and humanitarian law. 

14 (b) TREATMENT OF ENEMY COMBATANTS.—Not 

15 later than 60 days after the date of the enactment of this 

16 Act, the President shall submit to Congress a plan for the 

17 prosecution, transfer, release, or other disposition of the 

18 cases of all individuals designated as enemy combatants 

19 or unlawful enemy combatants, as defined in section 

20 948a(1) of title 10, United States Code, as in effect imme21 diately before the enactment of this Act. 

22 (c) IMMIGRATION STATUS.—The transfer of an indi23 vidual under subsection (a) shall not be considered an 

24 entry into the United States for purposes of immigration 

25 status. 


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1 SEC. 304. SENSE OF CONGRESS. 

2 It is the sense of Congress that the President— 

3 (1) should vigorously investigate and prosecute, 

4 to the full extent of the law, individuals and organi5 zations suspected of involvement with international 

6 terrorism, using all available assets of the United 

7 States civilian and military justice systems; 

8 (2) should carry out a review of the capacity of 

9 the United States criminal justice system to success10 fully investigate and prosecute individuals and orga11 nizations suspected of terrorism, including the ade12 quacy of existing Federal anti-terrorism laws, and 

13 should inform Congress of any gaps or obstacles lim14 iting the ability of the United States to bring terror15 ists to justice; and 

16 (3) should take immediate measures to enhance 

17 international legal cooperation in the investigation 

18 and prosecution of individuals and organizations sus19 pected of involvement in international terrorism, in20 cluding enhancing international police cooperation 

21 and working to improve the capacity of and enhance 

22 United States participation in international tribunals 

23 to prosecute terrorist acts. 


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1 TITLE IV—INTEGRITY IN 

2 CUSTODIAL INTERROGATIONS 

3 SEC. 401. UNIFORM STANDARDS FOR THE CONDUCT OF IN4 TERROGATION OF PERSONS IN THE CUSTODY 

5 OR CONTROL OF THE INTELLIGENCE COM6 MUNITY. 

7 (a) IN GENERAL.—The President shall establish uni8 form standards for the interrogation of persons in the cus9 tody or under the effective control of the United States. 

10 (b) STANDARDS.— 

11 (1) IN GENERAL.—The standards established 

12 under subsection (a) shall include a list of all prac13 tices or techniques of interrogation that personnel of 

14 the United States are authorized to practice during 

15 such an interrogation; and 

16 (2) PROHIBITIONS.—The President shall ensure 

17 that no practice or technique of interrogation is au18 thorized if such practice or technique subjects a per19 son in the custody or under the effective control of 

20 the United States to cruel, inhuman, or degrading 

21 treatment in violation of Federal law, including— 

22 (A) common Article 3 of the international 

23 conventions, done at Geneva August 12, 1949, 

24 or any protocol to such conventions to which 

25 the United States is a party; or 


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1 (B) the Convention Against Torture and 

2 Other Cruel, Inhuman, or Degrading Treatment 

3 or Punishment, done at New York December 

4 10, 1984 and entered into force for the United 

5 States on November 20, 1994. 

6 (c) INPUT FROM THE INTELLIGENCE COMMUNITY.— 

7 The Director of National Intelligence and the Secretary 

8 of Defense shall be responsible for obtaining and providing 

9 to the President input from the head of each element of 

10 the intelligence community and each branch of the Armed 

11 Forces during the development and revision of the stand12 ards established under subsection (a). 

13 (d) TRAINING.—The Director of National Intel14 ligence and the Secretary of Defense shall ensure that per15 sonnel of the intelligence community and the United 

16 States Armed Forces, respectively, who are responsible for 

17 the interrogation of persons in the custody or under the 

18 effective control of the United States receive training re19 garding the Federal and international obligations and laws 

20 applicable to the humane treatment of detainees, including 

21 protections afforded under the conventions referred to in 

22 subparagraphs (A) and (B) of subsection (b)(2). 

23 (e) REPORT.— 

24 (1) IN GENERAL.—Not later than 180 days 

25 after the date of the enactment of this Act, the 


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1 President shall submit to Congress a report on the 

2 implementation of this section, including the stand3 ards established under subsection (b)(1). 

4 (2) UPDATE.—Not later than 30 days after the 

5 President approves a change to the standards estab6 lished under subsection (b)(1), the President shall 

7 submit to Congress an update of such standards. 

8 (3) FORM.—The report under paragraph (1) 

9 and updated standards under paragraph (2) shall be 

10 submitted in unclassified form, but may include a 

11 classified annex. 

12 SEC. 402. PROHIBITION ON THE USE OF PRIVATE CONTRAC13 TORS FOR ACTIVITIES INVOLVING PERSONS 

14 IN THE CUSTODY OR UNDER THE EFFECTIVE 

15 CONTROL OF THE INTELLIGENCE COMMU16 NITY. 

17 (a) IN GENERAL.—Title XI of the National Security 

18 Act of 1947 (50 U.S.C. 442 et seq.) is further amended 

19 by adding at the end the following new section: 


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1 ‘‘SEC. 1104. PROHIBITION ON THE USE OF PRIVATE CON2 TRACTORS FOR ACTIVITIES INVOLVING PER3 SONS IN THE CUSTODY OR UNDER THE EF4 FECTIVE CONTROL OF THE INTELLIGENCE 

5 COMMUNITY. 

6 ‘‘(a) IN GENERAL.—Notwithstanding any other pro7 vision of law, no element of the intelligence community 

8 may award a contract for performance related to an activ9 ity described in subsection (b). 

10 ‘‘(b) ACTIVITIES.—An activity described in this sub11 section— 

12 ‘‘(1) is an activity relating to the capture, cus13 tody, control, or other pertinent interaction with an 

14 individual who is a detainee or prisoner in the cus15 tody or under the effective control of the Federal 

16 Government, including, with regard to such an indi17 vidual— 

18 ‘‘(A) arrest; 

19 ‘‘(B) interrogation; 

20 ‘‘(C) detention; or 

21 ‘‘(D) transportation or transfer; and 

22 ‘‘(2) does not include the performance of work 

23 related to language interpretation, if such work oc24 curs under the direct supervision of Federal Govern25 ment personnel, or to the provision of medical assist26 ance or treatment.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of con2 tents in the first section of such Act is amended by adding 

3 at the end the following new item: 

‘‘Sec. 1104. Prohibition on the use of private contractors for activities involving 

persons in the custody or under the effective control of the intelligence community.’’. 

4 (c) EFFECTIVE DATE.—Section 1104 of the National 

5 Security Act of 1947 (as added by subsection (a)) shall 

6 take effect on the date that is 180 days after the date 

7 of the enactment of this Act. 

8 SEC. 403. REQUIREMENT FOR VIDEOTAPING OR OTHER9 WISE ELECTRONICALLY RECORDING STRA10 TEGIC INTERROGATIONS. 

11 (a) IN GENERAL.—In accordance with the guidelines 

12 developed pursuant to subsection (e) and section 401, the 

13 President shall take such actions as are necessary to en14 sure the videotaping or otherwise electronically recording 

15 of each strategic intelligence interrogation of any person 

16 who is in the custody or under the effective control of the 

17 United States or under detention in a United States facil18 ity. 

19 (b) CLASSIFICATION OF INFORMATION.—To protect 

20 United States national security, the safety of the individ21 uals conducting or assisting in the conduct of a strategic 

22 intelligence interrogation, and the privacy of persons de23 scribed in subsection (a), the President shall provide for 

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1 tronic recordings made pursuant to subsection (a). The 

2 use of such classified video tapes or other electronic re3 cordings in a civilian or military court proceeding or other 

4 proceeding under the laws of the United States shall be 

5 governed by applicable rules, regulations, and law. 

6 (c) EXCLUSION.—Nothing in this section shall be 

7 construed as requiring— 

8 (1) any member of the Armed Forces engaged 

9 in direct combat operations to videotape or otherwise 

10 electronically record a person described in subsection 

11 (a); or 

12 (2) the videotaping or other electronic recording 

13 of tactical questioning, as such term is defined in 

14 the Army Field Manual on Human Intelligence Col15 lector Operations (FM 2–22.3, September 2006), or 

16 any successor thereto. 

17 (d) GUIDELINES FOR VIDEOTAPE AND OTHER ELEC18 TRONIC RECORDINGS.— 

19 (1) DEVELOPMENT OF GUIDELINES.—The 

20 President shall develop and adopt uniform guidelines 

21 designed to ensure that the videotaping or other 

22 electronic recording required under subsection (a), 

23 at a minimum— 

24 (A) promotes full compliance with the laws 

25 of the United States; 


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1 (B) is maintained for a length of time that 

2 serves the interests of justice in cases for which 

3 trials are being or may be conducted pursuant 

4 to applicable United States law; 

5 (C) promotes the exploitation of intel6 ligence; and 

7 (D) ensures the safety of all participants 

8 in the interrogations. 

9 (2) SUBMITTAL TO CONGRESS.—Not later than 

10 30 days after the date of the enactment of this Act, 

11 the President shall submit to Congress a report con12 taining the guidelines developed under paragraph 

13 (1). Such report shall be submitted in unclassified 

14 form, but may include a classified annex. 

15 (e) STRATEGIC INTELLIGENCE INTERROGATION DE16 FINED.—In this section, the term ‘‘strategic intelligence 

17 interrogation’’ means an interrogation of a person de18 scribed in subsection (a) conducted by a personnel of the 

19 intelligence community or a member of the United States 

20 Armed Forces at— 

21 (1) corps or theater-level military detention fa22 cility, as defined in the Army Field Manual on 

23 Human Intelligence Collector Operations (FM 2– 

24 22.3, September 11, 2006) or any successor thereto, 

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1 ated by any element of the intelligence community 

2 (as defined in section 3(4) of the National Security 

3 Act of 1947 (50 U.S.C. 401a(4))); 

4 (2) a detention facility outside the area of oper5 ations (AOR) where the detainee or prisoner was ini6 tially captured, including— 

7 (A) a detention facility owned, operated, 

8 borrowed, or leased by the United States Gov9 ernment; and 

10 (B) a detention facility of a foreign govern11 ment at which United States Government per12 sonnel are permitted to conduct interrogations 

13 by the foreign government in question. 

14 TITLE V—BUILDING LONG-TERM 

15 CAPACITY FOR EFFECTIVE 

16 HUMAN INTELLIGENCE COL17 LECTION 

18 SEC. 501. SENSE OF CONGRESS REGARDING INTER19 NATIONAL COOPERATION ON HUMAN INTEL20 LIGENCE COLLECTION. 

21 (a) FINDINGS.—Congress finds the following: 

22 (1) Key allies of the United States have accrued 

23 significant experience over the course of several 

24 years in the collection of human intelligence relating 


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1 to efforts to prevent terrorism and eradicate ter2 rorist organizations. 

3 (2) The United States could substantially ben4 efit from cooperation with such allies on identifying 

5 and examining the most effective laws, practices, 

6 and policies relating to human intelligence collection. 

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that— 

9 (1) the President, acting through the Secretary 

10 of Defense and the Director for National Intel11 ligence, should cooperate with other nations to sup12 port the mutual improvement of human intelligence 

13 collection capabilities, including through— 

14 (A) the mutual exchange and review of 

15 doctrine, laws and regulations, best practices, 

16 and lessons learned relating to human intel17 ligence collection capabilities; 

18 (B) participation by United States per19 sonnel in international exercises relating to 

20 human intelligence collection; and 

21 (C) participation by United States per22 sonnel in seminars, conferences, and other edu23 cational activities relating to human intelligence 

24 collection; and 


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1 (2) the President should not cooperate with re2 gards to human intelligence collection with a nation 

3 that is not a party to the Convention Against Tor4 ture and Other Cruel, Inhuman, or Degrading 

5 Treatment or Punishment. 

6 SEC. 502. INTERAGENCY CENTER FOR EXCELLENCE ON 

7 HUMAN INTELLIGENCE COLLECTION UNITED 

8 STATES. 

9 (a) CENTER AUTHORIZED.—The President, in con10 sultation with the Director of National Intelligence and 

11 the Secretary of Defense, shall establish a center to be 

12 known as the United States Center for Excellence in 

13 Human Intelligence Collection (in this section referred to 

14 as the ‘‘Center’’). 

15 (b) PURPOSE.—The purpose of the Center shall be 

16 to educate and train members of the United States Armed 

17 Forces and personnel of the intelligence community to 

18 conduct research and examine doctrine and policy related 

19 to human intelligence collection, with emphasis on prac20 tices related to the interrogation and detention of hostile 

21 actors and human intelligence collection on the battlefield 

22 or in relation to United States efforts to combat global 

23 terrorism. 

24 (c) DUTIES.—The Center shall— 


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1 (1) provide and facilitate education and training 

2 for members of the United States Armed Forces and 

3 personnel of the intelligence community on the prac4 tice of human intelligence collection, including— 

5 (A) strategies, techniques, best practices, 

6 and lessons learned relating to the interrogation 

7 of individuals for intelligence purposes; 

8 (B) United States policy, regulations, and 

9 law regarding authorized interrogation practices 

10 and techniques; 

11 (C) strategies, techniques, best practices, 

12 and lessons learned relating to human source 

13 operations for intelligence purposes; and 

14 (D) command, management, and oversight 

15 of U.S. personnel involved in human intelligence 

16 collection; 

17 (2) collaborate with existing agency or service 

18 specific entities that provide education and training 

19 on the practice of human intelligence collection, and 

20 provide advanced training for instructors at such en21 tities; 

22 (3) foster interoperability and cooperation be23 tween human intelligence collectors working for dif24 ferent elements of the intelligence community; 


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1 (4) provide and facilitate ongoing study and sci2 entific research into all aspects of operations and 

3 doctrine relating to human intelligence collection, in4 cluding the identification of best practices and the 

5 development of recommendations for policy and doc6 trine reform; and 

7 (5) conduct a regular review of United States 

8 policies relating to human intelligence collection. 

9 (d) ELIGIBLE PERSONNEL.—The Center may provide 

10 training and education to— 

11 (1) members of the United States Armed 

12 Forces; 

13 (2) personnel employed by an element of the in14 telligence community; and 

15 (3) other personnel of the Federal Government, 

16 at the discretion of the President. 

17 (e) ANNUAL REPORT.—Not later than March 31 of 

18 each year, the President shall submit to Congress a report 

19 on the activities of the Center during the preceding year. 

20 (f) INTELLIGENCE COMMUNITY DEFINED.—In this 

21 section, the term ‘‘intelligence community’’ has the mean22 ing given the term in section 3(4) of the National Security 

23 Act of 1947 (50 U.S.C. 401a(4)). 


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1 SEC. 503. UNITED STATES MILITARY INTELLIGENCE SPE2 CIALISTS. 

3 (a) FINDINGS.—Congress finds the following: 

4 (1) Ensuring the national security of the 

5 United States, including through long-term efforts 

6 to combat global terrorism, the vigilant defense 

7 against proliferation and use of weapons of mass de8 struction, and the use of military force as a last re9 sort to defend the Nation, will require a sustained 

10 capacity for effective human intelligence collection. 

11 (2) The United States Armed Forces will, in 

12 the course of carrying out their duties in defense of 

13 our Nation, be required to carry out human intel14 ligence collection activities. 

15 (3) Improving the human intelligence collection 

16 capacity of the United States Armed Forces requires 

17 the maintenance of a corps of career military profes18 sionals in the discipline of human intelligence who 

19 are experts in the practice and management of 

20 human intelligence collection and who can carry out 

21 sustained long-term intelligence operations. 

22 (b) IMPROVEMENT OF HUMAN INTELLIGENCE COL23 LECTION CAPABILITIES.—The Secretary of Defense shall 

24 develop a strategy to— 

25 (1) reform organizational and incentive struc26 tures to— 


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1 (A) provide for career-long focus in the 

2 human intelligence discipline for military offi3 cers of each military department; 

4 (B) ensure career advancement opportuni5 ties for officers specializing in the human intel6 ligence discipline that are focused on human in7 telligence collection, rather than service with or 

8 command of a military unit not involved in the 

9 intelligence discipline; and 

10 (C) organize, within the human intelligence 

11 career field, assignments, promotions, and in12 centives structured with the goal of developing 

13 and increasing expertise in the human intel14 ligence discipline and preparing officers for 

15 greater responsibilities within that discipline; 

16 (2) provide ongoing professional education and 

17 development in specialized intelligence skills, special18 ized language and cultural skills, relevant law and 

19 doctrine pertaining to the practice of human intel20 ligence activities, and command, management, and 

21 oversight of personnel involved in human intelligence 

22 activities; 

23 (3) provide training in human intelligence ac24 tivities for select personnel not assigned to an intel25 ligence career field in order to enable a surge capacVerDate Nov 24 2008 00:05 Jan 21, 2009 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H591.IH H591

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1 ity for assigning personnel to human intelligence ac2 tivities when additional personnel are needed for 

3 military intelligence activities; and 

4 (4) assign human intelligence personnel to posi5 tions according to geographic, language, or cultural 

6 expertise. 

7 (c) REPORT REQUIRED.—Not later than 180 days 

8 after the date of the enactment of this Act, the Secretary 

9 of Defense shall submit to Congress a report on the devel10 opment of the strategy required under subsection (b). 

11 SEC. 504. STRATEGY FOR DETENTION OF TERRORIST SUS12 PECTS AND CONVICTS. 

13 (a) FINDINGS.—Congress finds the following: 

14 (1) A 2006 study by George Washington Uni15 versity and the University of Virginia entitled ‘‘Out 

16 of the Shadows’’ found that ‘‘Radicalization in pris17 ons is a global problem and bears upon the national 

18 security of the U.S.’’. 

19 (2) The Report of the Task Force on the Fu20 ture of Terrorism, a task force created at the direc21 tion of the Secretary of Homeland Security and 

22 comprised of members of the Homeland Security 

23 Advisory Council, recommended to the Secretary of 

24 Homeland Security that ‘‘The Department should 

25 develop and immediately implement, in concert with 


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1 the Department of Justice and State and local cor2 rections officials, a program to address prisoner 

3 radicalization and post-sentence reintegration’’. 

4 (3) Since Operation Iraqi Freedom began in 

5 March 2003, the United States has detained more 

6 than 65,000 Iraqis, with each individual remaining 

7 in detention for an average of over 300 days. 

8 (4) On April 8, 2007, the Los Angeles Times 

9 reported that ‘‘U.S. run detention camps in Iraq 

10 have become a breeding ground for extremists where 

11 Islamic militants recruit and train supporters.’’. 

12 (b) STRATEGY REQUIRED.—Not later than one year 

13 after the enactment of this Act, the President, in consulta14 tion with the Secretary of Homeland Security, the Attor15 ney General, the Secretary of Defense, and the Director 

16 of National Intelligence, shall submit to Congress a strat17 egy for the detention of terrorist suspects and convicts. 

18 Such strategy shall include— 

19 (1) an assessment of the threat posed by 

20 radicalization or recruitment for terrorist activities 

21 of detained and imprisoned individuals; and 

22 (2) a plan for minimizing radicalization and 

23 terrorist recruitment in detention or prison facilities 

24 operated by the United States that— 


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1 (A) addresses the potential radicalization 

2 of prisoners in facilities operated by the Bureau 

3 of Prisons or by State or local authorities with4 in the United States; and 

5 (B) addresses the potential radicalization 

6 of prisoners in detention facilities operated by 

7 the United States in an area where the United 

8 States Armed Forces are conducting combat or 

9 peacekeeping operations, including detention fa10 cilities in Iraq and Afghanistan. 

Æ 


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