I 

111TH CONGRESS 

1ST SESSION H. R. 2983 

To require the videotaping or electronic recording of strategic intelligence 

interrogations of persons in the custody of or under the effective control 

of the Department of Defense, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2009 

Mr. HOLT (for himself, Mr. COHEN, Mr. GEORGE MILLER of California, and 

Ms. WOOLSEY) introduced the following bill; which was referred to the 

Committee on Armed Services, and in addition to the Select Committee 

on 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 require the videotaping or electronic recording of strategic 

intelligence interrogations of persons in the custody of 

or under the effective control of the Department of Defense, 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 ‘‘Detainee Interrogation 

5 Recording Act’’. 


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1 SEC. 2. REQUIREMENT FOR VIDEOTAPING OR OTHERWISE 

2 ELECTRONICALLY RECORDING STRATEGIC 

3 INTELLIGENCE INTERROGATIONS OF PER4 SONS IN THE CUSTODY OF OR UNDER THE 

5 EFFECTIVE CONTROL OF THE DEPARTMENT 

6 OF DEFENSE. 

7 (a) IN GENERAL.—In accordance with the Army 

8 Field Manual on Human Intelligence Collector Operations 

9 (FM 2–22.3, September 2006), or any successor thereto, 

10 and the guidelines developed pursuant to subsection (e), 

11 the Secretary of Defense shall take such actions as are 

12 necessary to ensure the videotaping or otherwise electroni13 cally recording of each strategic intelligence interrogation 

14 of any person who is in the custody or under the effective 

15 control of the Department of Defense or under detention 

16 in a Department of Defense facility. 

17 (b) CLASSIFICATION OF INFORMATION.—To protect 

18 United States national security, the safety of the individ19 uals conducting or assisting in the conduct of a strategic 

20 intelligence interrogation, and the privacy of persons de21 scribed in subsection (a), the Secretary of Defense shall 

22 provide for the appropriate classification of videotapes or 

23 other electronic recordings made pursuant to subsection 

24 (a). The use of such classified videotapes or other elec25 tronic recordings in proceedings conducted under the De26 tainee Treatment Act of 2005 (title 14 of Public Law 


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1 109–163 and title 10 of Public Law 109–148), the Mili2 tary Commissions Act of 2006 (10 U.S.C. 948 et seq.; 

3 Public Law 109–366), or any other provision of law shall 

4 be governed by applicable rules, regulations, and law. 

5 (c) STRATEGIC INTELLIGENCE INTERROGATION DE6 FINED.—For purposes of this section, the term ‘‘strategic 

7 intelligence interrogation’’ means an interrogation of a 

8 person described in subsection (a) conducted at a theater9 level detention facility. 

10 (d) EXCLUSION.—Nothing in this section shall be 

11 construed as requiring— 

12 (1) any member of the Armed Forces engaged 

13 in direct combat operations to videotape or otherwise 

14 electronically record a person described in subsection 

15 (a); or 

16 (2) the videotaping or other electronic recording 

17 of tactical questioning, as such term is defined in 

18 the Army Field Manual on Human Intelligence Col19 lector Operations (FM 2–22.3, September 2006), or 

20 any successor thereto. 

21 (e) GUIDELINES FOR VIDEOTAPE AND OTHER ELEC22 TRONIC RECORDINGS.— 

23 (1) DEVELOPMENT OF GUIDELINES.—The Sec24 retary of Defense, acting through the Judge Advo25 cates General (as defined in section 801(1) of title 


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1 10, United States Code, (Article 1 of the Uniform 

2 Code of Military Justice)), shall develop and adopt 

3 uniform guidelines designed to ensure that the 

4 videotaping or other electronic recording required 

5 under subsection (a), at a minimum— 

6 (A) promotes full compliance with the laws 

7 of the United States; 

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

9 serves the interests of justice in cases for which 

10 trials are being or may be conducted pursuant 

11 to the Detainee Treatment Act of 2005 (title 14 

12 of Public Law 109–163 and title 10 of Public 

13 Law 109–148), the Military Commissions Act 

14 of 2006 (10 U.S.C. 948 et seq.; Public Law 

15 109–366), or any other provision of law; 

16 (C) promotes the exploitation of intel17 ligence; and 

18 (D) ensures the safety of all participants 

19 in the interrogations. 

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

21 30 days after the date of the enactment of this sec22 tion, the Secretary of Defense shall submit to the 

23 Committees on Armed Services of the Senate and 

24 House of Representatives a report containing the 

25 guidelines developed under paragraph (1). Such reVerDate Nov 24 2008 21:03 Jun 22, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2983.IH H2983

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1 port shall be in an unclassified form but may include 

2 a classified annex. 

Æ 


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