SEC. 2. REQUIREMENT FOR VIDEOTAPING OR OTHERWISE 
ELECTRONICALLY 
RECORDING 
STRATEGIC 
INTELLIGENCE INTERROGATIONS OF PER-
SONS IN THE CUSTODY OF OR UNDER THE 
EFFECTIVE CONTROL OF THE DEPARTMENT 
OF DEFENSE. 
(a) IN GENERAL.—In accordance with the Army 
Field Manual on Human Intelligence Collector Operations 
(FM 2–22.3, September 2006), or any successor thereto, 
and the guidelines developed pursuant to subsection (e), 
the Secretary of Defense shall take such actions as are 
necessary to ensure the videotaping or otherwise electroni-
cally recording of each strategic intelligence interrogation 
of any person who is in the custody or under the effective 
control of the Department of Defense or under detention 
in a Department of Defense facility. 
(b) CLASSIFICATION OF INFORMATION.—To protect 
United States national security, the safety of the individ-
uals conducting or assisting in the conduct of a strategic 
intelligence interrogation, and the privacy of persons de-
scribed in subsection (a), the Secretary of Defense shall 
provide for the appropriate classification of videotapes or 
other electronic recordings made pursuant to subsection 
(a). The use of such classified videotapes or other elec-
tronic recordings in proceedings conducted under the De-
tainee Treatment Act of 2005 (title 14 of Public Law 
VerDate Nov 24 2008 
21:37 Jun 22, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2983.IH
H2983
pwalker on PROD1PC71 with BILLS
109–163 and title 10 of Public Law 109–148), the Mili-
tary Commissions Act of 2006 (10 U.S.C. 948 et seq.; 
Public Law 109–366), or any other provision of law shall 
be governed by applicable rules, regulations, and law. 
(c) STRATEGIC INTELLIGENCE INTERROGATION DE-
FINED.—For purposes of this section, the term ‘‘strategic 
intelligence interrogation’’ means an interrogation of a 
person described in subsection (a) conducted at a theater- 
level detention facility. 
(d) EXCLUSION.—Nothing in this section shall be 
construed as requiring— 
(1) any member of the Armed Forces engaged 
in direct combat operations to videotape or otherwise 
electronically record a person described in subsection 
(a); or 
(2) the videotaping or other electronic recording 
of tactical questioning, as such term is defined in 
the Army Field Manual on Human Intelligence Col-
lector Operations (FM 2–22.3, September 2006), or 
any successor thereto. 
(e) GUIDELINES FOR VIDEOTAPE AND OTHER ELEC-
TRONIC RECORDINGS.— 
(1) DEVELOPMENT OF GUIDELINES.—The Sec-
retary of Defense, acting through the Judge Advo-
cates General (as defined in section 801(1) of title 
VerDate Nov 24 2008 
21:03 Jun 22, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2983.IH
H2983
pwalker on PROD1PC71 with BILLS
10, United States Code, (Article 1 of the Uniform 
Code of Military Justice)), shall develop and adopt 
uniform guidelines designed to ensure that the 
videotaping or other electronic recording required 
under subsection (a), at a minimum— 
(A) promotes full compliance with the laws 
of the United States; 
(B) is maintained for a length of time that 
serves the interests of justice in cases for which 
trials are being or may be conducted pursuant 
to the Detainee Treatment Act of 2005 (title 14 
of Public Law 109–163 and title 10 of Public 
Law 109–148), the Military Commissions Act 
of 2006 (10 U.S.C. 948 et seq.; Public Law 
109–366), or any other provision of law; 
(C) promotes the exploitation of intel-
ligence; and 
(D) ensures the safety of all participants 
in the interrogations. 
(2) SUBMITTAL TO CONGRESS.—Not later than 
30 days after the date of the enactment of this sec-
tion, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and 
House of Representatives a report containing the 
guidelines developed under paragraph (1). Such re-
VerDate Nov 24 2008 
21:03 Jun 22, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2983.IH
H2983
pwalker on PROD1PC71 with BILLS
port shall be in an unclassified form but may include 
a classified annex. 
Æ 
VerDate Nov 24 2008 
21:03 Jun 22, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H2983.IH
H2983
pwalker on PROD1PC71 with BILLS