II 

110TH CONGRESS 

2D SESSION S. 3437 

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. 

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. 

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 ‘‘Restoring America’s 

5 Integrity Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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•S 3437 IS

1 (1) INSTRUMENTALITY.—The term ‘‘instrumen2 tality’’, with respect to an element of the intelligence 

3 community, means a contractor or subcontractor at 

4 any tier of the element of the intelligence commu5 nity. 

6 (2) INTELLIGENCE COMMUNITY.—The term 

7 ‘‘intelligence community’’ has the meaning given 

8 that term in section 3(4) of the National Security 

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

10 SEC. 3. LIMITATION ON INTERROGATION TECHNIQUES. 

11 No individual in the custody or under the effective 

12 control of personnel of an element of the intelligence com13 munity or instrumentality of an element of the intelligence 

14 community, regardless of nationality or physical location 

15 of such individual or personnel, shall be subject to any 

16 treatment or technique of interrogation not authorized by 

17 the United States Army Field Manual on Human Intel18 ligence Collector Operations. 

19 SEC. 4. NOTIFICATION OF THE INTERNATIONAL COM20 MITTEE OF THE RED CROSS. 

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

22 intelligence community or an instrumentality of such ele23 ment who detains or has custody or effective control of 

24 an individual shall notify the International Committee of 

25 the Red Cross of the detention of the individual and promstockstill on PROD1PC62 with BILLS

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•S 3437 IS

1 vide access to such individual in a manner consistent with 

2 the practices of the Armed Forces. 

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

4 construed— 

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

6 detain; or 

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

8 or obligations which may arise under the Geneva 

9 Conventions, other international agreements, or 

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

11 which notification to and access for the International 

12 Committee of the Red Cross is required or allowed. 

13 SEC. 5. PROHIBITION ON INTERROGATIONS BY CONTRAC14 TORS. 

15 The Director of the Central Intelligence Agency may 

16 not permit a contractor or subcontractor to the Central 

17 Intelligence Agency to carry out an interrogation of an 

18 individual. Any interrogation carried out on behalf of the 

19 Central Intelligence Agency shall be conducted by an em20 ployee of such Agency. 

Æ 

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