legal process, as long as that the transfer com-
plies with the Convention Relating to the Status 
of Refugees, done at Geneva July 28, 1951, the 
United Nations Convention Against Torture 
and Other Forms of Cruel, Inhuman or De-
grading Treatment or Punishment, done at 
New York December 10, 1984, and Federal 
law; or 
(D) released from any further detention 
and, if possible, transferred to the individual’s 
country of citizenship in accordance with the 
obligations of the United States under inter-
national human rights and humanitarian law. 
(b) TREATMENT
OF ENEMY COMBATANTS.—Not 
later than 60 days after the date of the enactment of this 
Act, the President shall submit to Congress a plan for the 
prosecution, transfer, release, or other disposition of the 
cases of all individuals designated as enemy combatants 
or unlawful enemy combatants, as defined in section 
948a(1) of title 10, United States Code, as in effect imme-
diately before the enactment of this Act. 
(c) IMMIGRATION STATUS.—The transfer of an indi-
vidual under subsection (a) shall not be considered an 
entry into the United States for purposes of immigration 
status. 
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SEC. 304. SENSE OF CONGRESS. 
It is the sense of Congress that the President— 
(1) should vigorously investigate and prosecute, 
to the full extent of the law, individuals and organi-
zations suspected of involvement with international 
terrorism, using all available assets of the United 
States civilian and military justice systems; 
(2) should carry out a review of the capacity of 
the United States criminal justice system to success-
fully investigate and prosecute individuals and orga-
nizations suspected of terrorism, including the ade-
quacy of existing Federal anti-terrorism laws, and 
should inform Congress of any gaps or obstacles lim-
iting the ability of the United States to bring terror-
ists to justice; and 
(3) should take immediate measures to enhance 
international legal cooperation in the investigation 
and prosecution of individuals and organizations sus-
pected of involvement in international terrorism, in-
cluding enhancing international police cooperation 
and working to improve the capacity of and enhance 
United States participation in international tribunals 
to prosecute terrorist acts. 
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TITLE IV—INTEGRITY IN 
CUSTODIAL INTERROGATIONS 
SEC. 401. UNIFORM STANDARDS FOR THE CONDUCT OF IN-
TERROGATION OF PERSONS IN THE CUSTODY 
OR CONTROL OF THE INTELLIGENCE COM-
MUNITY. 
(a) IN GENERAL.—The President shall establish uni-
form standards for the interrogation of persons in the cus-
tody or under the effective control of the United States. 
(b) STANDARDS.— 
(1) IN
GENERAL.—The standards established 
under subsection (a) shall include— 
(A) a list of all practices or techniques of 
interrogation that personnel of the United 
States are authorized to practice during such 
an interrogation; and 
(B) additional guidance for the effective 
conduct of interrogations by personnel of the 
United States, as considered appropriate by the 
President. 
(2) PROHIBITIONS.—The President shall ensure 
that no practice or technique of interrogation is au-
thorized if such practice or technique subjects a per-
son in the custody or under the effective control of 
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the United States to cruel, inhuman, or degrading 
treatment in violation of Federal law, including— 
(A) common Article 3 of the international 
conventions, done at Geneva August 12, 1949, 
or any protocol to such conventions to which 
the United States is a party; or 
(B) the Convention Against Torture and 
Other Cruel, Inhuman, or Degrading Treatment 
or Punishment, done at New York December 
10, 1984 and entered into force for the United 
States on November 20, 1994. 
(c) The Director of National Intelligence and the Sec-
retary of Defense shall be responsible for obtaining and 
providing to the President input from the head of each 
element of the intelligence community and each branch of 
the Armed Forces during the development and revision of 
the standards established under subsection (a). 
(d) TRAINING.—The Director of National Intel-
ligence and the Secretary of Defense shall ensure that per-
sonnel of the intelligence community and the United 
States Armed Forces, respectively, who are responsible for 
the interrogation of persons in the custody or under the 
effective control of the United States receive training re-
garding the Federal and international obligations and laws 
applicable to the humane treatment of detainees, including 
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protections afforded under the conventions referred to in 
subparagraphs (A) and (B) of subsection (b)(2). 
(e) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the 
President shall submit to Congress a report on the 
implementation of this section, including the stand-
ards established under subsection (b)(1). 
(2) UPDATE.—Not later than 30 days after the 
President approves a change to the standards estab-
lished under subsection (b)(1), the President shall 
submit to Congress an update of such standards. 
(3) FORM.—The report under paragraph (1) 
and updated standards under paragraph (2) shall be 
submitted in unclassified form, but may include a 
classified annex. 
SEC. 402. PROHIBITION ON THE USE OF PRIVATE CONTRAC-
TORS FOR ACTIVITIES INVOLVING PERSONS 
IN THE CUSTODY OR UNDER THE EFFECTIVE 
CONTROL OF THE INTELLIGENCE COMMU-
NITY. 
(a) IN GENERAL.—Title XI of the National Security 
Act of 1947 (50 U.S.C. 442 et seq.) is further amended 
by adding at the end the following new section: 
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‘‘SEC. 1104. PROHIBITION ON THE USE OF PRIVATE CON-
TRACTORS FOR ACTIVITIES INVOLVING PER-
SONS IN THE CUSTODY OR UNDER THE EF-
FECTIVE CONTROL OF THE INTELLIGENCE 
COMMUNITY. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, no element of the intelligence community 
may award a contract for performance related to an activ-
ity described in subsection (b). 
‘‘(b) ACTIVITIES.—An activity described in this sub-
section— 
‘‘(1) is an activity relating to the capture, cus-
tody, control, or other pertinent interaction with an 
individual who is a detainee or prisoner in the cus-
tody or under the effective control of the Federal 
Government, including, with regard to such an indi-
vidual— 
‘‘(A) arrest; 
‘‘(B) interrogation; 
‘‘(C) detention; or 
‘‘(D) transportation or transfer; and 
‘‘(2) does not include the performance of work 
related to language interpretation, if such work oc-
curs under the direct supervision of Federal Govern-
ment personnel, or to the provision of medical assist-
ance or treatment.’’. 
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(b) CONFORMING AMENDMENT.—The table of con-
tents in the first section of such Act is amended by adding 
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 in-
telligence community.’’. 
(c) EFFECTIVE DATE.—Section 1104 of the National 
Security Act of 1947 (as added by subsection (a)) shall 
take effect on the date that is 180 days after the date 
of the enactment of this Act. 
SEC. 403. REQUIREMENT FOR VIDEOTAPING OR OTHER-
WISE ELECTRONICALLY RECORDING STRA-
TEGIC INTERROGATIONS. 
(a) IN GENERAL.—In accordance with the guidelines 
developed pursuant to subsection (e) and section 401, the 
President shall take such actions as are necessary to en-
sure the videotaping or otherwise electronically recording 
of each strategic intelligence interrogation of any person 
who is in the custody or under the effective control of the 
United States or under detention in a United States facil-
ity. 
(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 President shall provide for 
the appropriate classification of video tapes or other elec-
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tronic recordings made pursuant to subsection (a). The 
use of such classified video tapes or other electronic re-
cordings in a civilian or military court proceeding or other 
proceeding under the laws of the United States shall be 
governed by applicable rules, regulations, and law. 
(c) 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. 
(d) GUIDELINES FOR VIDEOTAPE AND OTHER ELEC-
TRONIC RECORDINGS.— 
(1) 
DEVELOPMENT
OF
GUIDELINES.—The 
President 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; 
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(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 applicable United States 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 Act, 
the President shall submit to Congress a report con-
taining the guidelines developed under paragraph 
(1). Such report shall be submitted in unclassified 
form, but may include a classified annex. 
(e) STRATEGIC INTELLIGENCE INTERROGATION DE-
FINED.—In this section, the term ‘‘strategic intelligence 
interrogation’’ means an interrogation of a person de-
scribed in subsection (a) conducted by a personnel of the 
intelligence community or a member of the United States 
Armed Forces at— 
(1) corps or theater-level military detention fa-
cility, as defined in the Army Field Manual on 
Human Intelligence Collector Operations (FM 2– 
22.3, September 11, 2006) or any successor thereto, 
or a comparable centralized detention facility oper-
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ated by any element of the intelligence community 
(as defined in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 401a(4))); 
(2) a detention facility outside the area of oper-
ations (AOR) where the detainee or prisoner was ini-
tially captured, including— 
(A) a detention facility owned, operated, 
borrowed, or leased by the United States Gov-
ernment; and 
(B) a detention facility of a foreign govern-
ment at which United States Government per-
sonnel are permitted to conduct interrogations 
by the foreign government in question. 
TITLE V—BUILDING LONG-TERM 
CAPACITY 
FOR 
EFFECTIVE 
HUMAN INTELLIGENCE COL-
LECTION 
SEC. 
501. 
SENSE 
OF 
CONGRESS 
REGARDING 
INTER-
NATIONAL COOPERATION ON HUMAN INTEL-
LIGENCE COLLECTION. 
(a) FINDINGS.—Congress finds the following: 
(1) Key allies of the United States have accrued 
significant experience over the course of several 
years in the collection of human intelligence relating 
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to efforts to prevent terrorism and eradicate ter-
rorist organizations. 
(2) The United States could substantially ben-
efit from cooperation with such allies on identifying 
and examining the most effective laws, practices, 
and policies relating to human intelligence collection. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the President, acting through the Secretary 
of Defense and the Director for National Intel-
ligence, should cooperate with other nations to sup-
port the mutual improvement of human intelligence 
collection capabilities, including through— 
(A) the mutual exchange and review of 
doctrine, laws and regulations, best practices, 
and lessons learned relating to human intel-
ligence collection capabilities; 
(B) participation by United States per-
sonnel in international exercises relating to 
human intelligence collection; and 
(C) participation by United States per-
sonnel in seminars, conferences, and other edu-
cational activities relating to human intelligence 
collection; and 
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