I 
111TH CONGRESS 
1ST SESSION 
H. R. 374 
To require the closure of the detention facility at Guantanamo Bay, Cuba, 
to limit the use of certain interrogation techniques, to prohibit interroga-
tion by contractors, to require notification of the International Committee 
of the Red Cross of detainees, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 9, 2009 
Ms. HARMAN (for herself, Mr. CONYERS, Ms. ESHOO, and Mr. NADLER of 
New York) introduced the following bill; which was referred to the Com-
mittee on Armed Services, and in addition to the Select Committee on 
Intelligence (Permanent Select), for a period to be subsequently deter-
mined 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 closure of the detention facility at Guanta-
namo Bay, Cuba, to limit the use of certain interrogation 
techniques, to prohibit interrogation by contractors, to 
require notification of the International Committee of 
the Red Cross of detainees, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Lawful Interrogation 
and Detention Act’’. 
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SEC. 2. INTELLIGENCE COMMUNITY DEFINED. 
In this Act, the term ‘‘intelligence community’’ has 
the meaning given that term in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 401a(4)). 
SEC. 3. CLOSURE OF DETENTION FACILITY AT GUANTA-
NAMO BAY. 
(a) REQUIREMENT TO CLOSE.—Not later than 1 
year after the date of the enactment of this Act, the Presi-
dent shall close the detention facility at Guantanamo Bay, 
Cuba, operated by the Secretary of Defense and remove 
all detainees from such facility. 
(b) DETAINEES.—Prior to the date that the Presi-
dent closes the detention facility at Guantanamo Bay, 
Cuba, as required by subsection (a), each individual de-
tained at such facility shall be treated exclusively through 
one of the following: 
(1) The individual shall be charged with a viola-
tion of United States or international law and trans-
ferred to a military or Federal civilian detention fa-
cility in the United States for further legal pro-
ceedings, provided that such a Federal civilian facil-
ity or military facility has received the highest secu-
rity rating available for such a facility. 
(2) The individual shall be transferred to an 
international tribunal operating under the authority 
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of the United Nations that has jurisdiction to hold 
a trial of such individual. 
(3) The individual shall be transferred to the 
custody of the government of the individual’s coun-
try of citizenship or a different country, provided 
that such transfer is consistent with— 
(A) the Convention Against Torture and 
Other Forms of Cruel, Inhuman or Degrading 
Treatment or Punishment done at New York, 
December 10, 1984; 
(B) all relevant United States law; and 
(C) any other international obligation of 
the United States. 
(4) If the Secretary of Defense and Director of 
National Intelligence determine, jointly, that the in-
dividual poses no security threat to the United 
States and actions cannot be taken under paragraph 
(1) or (3), the individual shall be released from fur-
ther detention. 
(c) REPORTING REQUIREMENTS.— 
(1) REQUIREMENT
FOR
REPORT.—Not later 
than 90 days after the date of the enactment of this 
Act, the President shall submit to Congress a report 
that describes the President’s plan to implement this 
section. 
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(2) REQUIREMENT TO UPDATE.—The President 
shall keep Congress fully and currently informed of 
the steps taken to implement this section. 
(d) CONSTRUCTION.— 
(1) IMMIGRATION STATUS.—The transfer of an 
individual under subsection (b) shall not be consid-
ered an entry into the United States for purposes of 
immigration status. 
(2) NO ADDITIONAL DETENTION AUTHORITY.— 
Nothing in this section may be construed as altering 
or adding to existing authorities for, or restrictions 
on, the detention, treatment, or transfer of individ-
uals in United States custody. 
SEC. 4. LIMITATION ON INTERROGATION TECHNIQUES. 
No individual in the custody or under the effective 
control of personnel of an element of the intelligence com-
munity or a contractor or subcontractor of an element of 
the intelligence community, regardless of nationality or 
physical location of such individual or personnel, shall be 
subject to any treatment or technique of interrogation not 
authorized by the United States Army Field Manual on 
Human Intelligence Collector Operations. 
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SEC. 5. PROHIBITION ON INTERROGATIONS BY CONTRAC-
TORS. 
The Director of the Central Intelligence Agency shall 
not allow a contractor or subcontractor to the Central In-
telligence Agency to carry out an interrogation of an indi-
vidual. Any interrogation carried out on behalf of the Cen-
tral Intelligence Agency shall be conducted by an employee 
of such Agency. 
SEC. 6. NOTIFICATION OF THE INTERNATIONAL COM-
MITTEE OF THE RED CROSS. 
(a) REQUIREMENT.—The head of an element of the 
intelligence community or a contractor or subcontractor 
of such element who detains or has custody or effective 
control of an individual shall notify the International Com-
mittee of the Red Cross of the detention of the individual 
and provide access to such individual in a manner con-
sistent with the practices of the Armed Forces. 
(b) CONSTRUCTION.—Nothing in this section shall be 
construed— 
(1) to create or otherwise imply the authority to 
detain; or 
(2) to limit or otherwise affect any other rights 
or obligations which may arise under the Geneva 
Conventions, other international agreements, or 
other laws, or to state all of the situations under 
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which notification to and access for the International 
Committee of the Red Cross is required or allowed. 
Æ 
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