SEC. 2. REQUIREMENT FOR VIDEOTAPING RECORDINGS OF 
STRATEGIC INTERROGATIONS AND OTHER 
PERTINENT INTERACTIONS AMONG DETAIN-
EES OR PRISONERS IN THE CUSTODY OF OR 
UNDER THE EFFECTIVE CONTROL OF THE 
UNITED STATES AND MEMBERS OF THE 
ARMED FORCES, INTELLIGENCE OPERATIVES 
OF THE UNITED STATES, AND CONTRACTORS 
OF THE UNITED STATES. 
(a) IN GENERAL.—In accordance with the Geneva 
Conventions of 1949, the International Covenant on Civil 
and Political Rights, the Convention Against Torture and 
Other Cruel, Inhuman, or Degrading Treatment or Pun-
ishment, and prohibitions against any cruel, unusual, and 
inhuman treatment or punishment under the Fifth, 
Eighth, and Fourteenth Amendments to the Constitution 
of the United States, the President shall take such actions 
as are necessary to ensure the videotaping of each stra-
tegic interrogation or other pertinent interaction be-
tween— 
(1) an individual who is a detainee or prisoner 
in the custody or under the effective control of the 
United States pursuant to a strategic interrogation, 
or other pertinent interaction, for the purpose of 
gathering intelligence; and 
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(2) any member of the Armed Forces, intel-
ligence operative of the United States, or contractor 
of the United States. 
(b) APPLICABILITY.—The requirement under sub-
section (a) shall apply with respect to any strategic inter-
rogation of an individual referred to in subsection (a)(1) 
that takes place on or after the earlier of— 
(1) the day on which the individual is confined 
in a facility owned, operated, or controlled, in whole 
or in part, by the United States, or any of its rep-
resentatives, agencies, or agents; or 
(2) 7 days after the day on which the individual 
is taken into custody by the United States or any of 
its representatives, agencies, or agents. 
(c) CLASSIFICATION OF INFORMATION.—To protect 
United States national security and the privacy of detain-
ees or prisoners held by the United States, the President 
shall provide for the appropriate classification of video 
tapes or recordings made pursuant to subsection (a). Such 
videotapes or recordings shall be made available, under 
seal if appropriate, to both prosecution and defense attor-
neys to the extent they are material to any military or 
civilian criminal proceeding. 
(d) STRATEGIC
INTERROGATION
DEFINED.—For 
purposes of this section, the term ‘‘strategic interroga-
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tion’’ means an interrogation of a detainee or prisoner 
at— 
(1) a corps or theater-level detention facility, as 
defined in the Army Field Manual on Human Intel-
ligence Collector Operations (FM 2–22.3, September 
2006); or 
(2) a detention facility outside of the area of 
operations 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, including contractors, are permitted to 
conduct interrogations by the foreign govern-
ment in question. 
(e) EXCLUSION.—Nothing in this Act shall be con-
strued as requiring members of the Armed Forces engaged 
in direct tactical combat operations to videotape prisoners 
or detainees in their custody during such combat oper-
ations. 
(f) ACCESS TO PRISONERS AND DETAINEES OF THE 
UNITED
STATES
TO
ENSURE
INDEPENDENT
MONI-
TORING
AND
TRANSPARENT
INVESTIGATIONS.—Con-
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sistent with the obligations of the United States under 
international law, including treaties and related protocols 
to which the United States is a party, the President shall 
take such actions as are necessary to ensure that rep-
resentatives of the International Federation of the Inter-
national Committee of the Red Cross and the Red Cres-
cent are granted access to detainees or prisoners in the 
custody or under the effective control of the Armed 
Forces. 
(g) GUIDELINES FOR VIDEOTAPE RECORDINGS.— 
(1) 
DEVELOPMENT
OF
GUIDELINES.—The 
Judge Advocates General (as defined in section 
801(1) of title 10, United States Code, (Article 1 of 
the Uniform Code of Military Justice)) shall jointly 
develop uniform guidelines designed to ensure that 
the videotaping required under subsection (a) is suf-
ficiently expansive to prevent any abuse of detainees 
and prisoners referred to in subsection (a)(1) and 
any violation of law binding on the United States, 
including the treaties referred to in subsection (a). 
For purposes of this Act, the Army Judge Advocate 
General shall serve as the executive agent and co-
ordinating authority for the development of the 
aforementioned guidelines. 
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(2) SUBMITTAL TO CONGRESS.—Not later than 
30 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to Congress a 
report containing the guidelines developed under 
paragraph (1). 
Æ 
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