HR 4660

110th CONGRESS
1st Session

H. R. 4660

To require the videotaping of strategic interrogations and certain other interactions between detainees and members of the Armed Forces, intelligence operatives, and contractors, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

December 13, 2007

Mr. HOLT (for himself, Mrs. TAUSCHER, Ms. SCHAKOWSKY, Mr. MCGOVERN, Mr. COHEN, and Mr. FARR) 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 of strategic interrogations and certain other interactions between detainees and members of the Armed Forces, intelligence operatives, and contractors, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Detainee Interrogation Recording Act of 2007'.

SEC. 2. REQUIREMENT FOR VIDEOTAPING RECORDINGS OF STRATEGIC INTERROGATIONS AND OTHER PERTINENT INTERACTIONS AMONG DETAINEES 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 Punishment, 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 strategic interrogation or other pertinent interaction between--

      (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

      (2) any member of the Armed Forces, intelligence operative of the United States, or contractor of the United States.

    (b) Applicability- The requirement under subsection (a) shall apply with respect to any strategic interrogation 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 representatives, 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 detainees 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 attorneys 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 interrogation' 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 Intelligence 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 initially captured, including--

        (A) a detention facility owned, operated, borrowed, or leased by the United States Government; and

        (B) a detention facility of a foreign government at which United States Government personnel, including contractors, are permitted to conduct interrogations by the foreign government in question.

    (e) Exclusion- Nothing in this Act shall be construed as requiring members of the Armed Forces engaged in direct tactical combat operations to videotape prisoners or detainees in their custody during such combat operations.

    (f) Access to Prisoners and Detainees of the United States To Ensure Independent Monitoring and Transparent Investigations- Consistent 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 representatives of the International Federation of the International Committee of the Red Cross and the Red Crescent 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 sufficiently 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 coordinating authority for the development of the aforementioned guidelines.

      (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).

END