ARMI5G AMENDMENT NO. Calendar No. f ion on torture, Purpose: To reaffirm the proh IN THE SENATE OF THE UNITED STATES—114th Cong,, Ist Sess. H.R.1735 a AMENDMENT N? 1.289 ters By McCain aed qe_Arodt- No. 1463 sonnel 7 and = Page(s) AMENDMENT intended to be proposed by Mr, McCaw (for himself, Mrs. FRINSTEIN, Mr. REED, and Ms. COLLINS) to the amendment (No. 1463) proposed by Mr. McCary Viz: 1 At the end of subtitle D of title X, add the following: 2. SEC. 1040. REAFFIRMATION OF THE PROHIBITION ON TOR- 3 TURE. 4 (a) LIMIrarion ON INTERROGATION TECHNIQUES 5 ro THose IN Tite Ary Frep Manv. 6 7 rmy Field Manual 8 means the Army Field Manual 2 3 entitled 9 “Human Intelligence Collector Operations” in effetARMI15G03 wv Can ane 10 ul 12 13 14, 15 16 17 18 19 20 SL on the date of the enactment of this Act or any simi- lar snecessor Army Field Manval. (2) Restriction,— (A) IN GeNERAL.—An individual described in subparagraph (B) shall not be subjected to any interrogation technique or approach, or any treatment related to interrogation, that is not authorized by and listed in the Army Field Manual 2-22. (B) INpIvIpuAL DESCRIBED.—An_indi- vidual deseribed in this subparagraph is an in dividual who is— (i) in the custody or under the effec tive control of an officer, employee, or other agent of the United States Govern ment; or (ii) detained within a facility owned, operated, or controlled by a department or armed ageney of the United States, in conflict, (3) IMPLEMENT ATION.—Interrogation —_teeh- niques, approaches, and treatments deseribed in Army Field Manual 2-2: 3. shall be implemented strictly in accord with the principles, processes, eon-ARMI5G03 won Seocwmraaue ditions, and limitations preseribed by Army Field Manual 2—22.3. (4) AGENCIES OTHER THAN THE DEPARTMENT OF DEFENSE.—If a process required by Army Field Manual 3, such as a requirement of approval by a specified Department of Defense official, is in- apposite to a department or an ageney other than the Department of Defense, the head of such depart- ment or ageney shall ensure that a process that is substantially equivalent to the process preseribed by Army Field Manual 2. 2.3 for the Department of Defense is utilized by all officers, employees, or other agents of such department or agency (5) INTERROGATION BY FEDERAL LAW EN- FORCEMED Nothing in this subscetion shall pre- clude an officer, employee, or other agent of the Federal Bureau of Investigation or other Federal law enforcement ageney from continuing to use au- thor ation non-coercive techniques of interro: that are designed to elicit voluntary statements and do not involve the use of force, threats, or promises, (6) Uppate OF THE ARMY FIELD MANUAL.— (A) ReqQuirEMENT TO UPDATE— (i) IN GENERAL.—Not later than one ar after the date of the enactment of this:ARMISG08 wR wn Cwm a .8 10 ll 13 14 15 16 17 18 19 20 21 22 23 24 SLC 4 Act, and once every three years thereafter, the Se tary of Defense, in coordination with the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall c plete a thorough review of Army Field Manual and revise Army Field Manual 2-22.3, as necessary to. ensure 29, that Army Field Mannal 2-22.3 complies with the legal obligations of the United nt, evidence-based, States and reflects eu best practices for interrogation that are de- signed to elicit reliable and voluntary state- sand do not involve the use or thr mel of force. AVAILABILITY TO ‘THE PUBLIC.— shall remain my Field Manual 2 ions to available to the publie and any r the Army Field Manual 2-22.3 adopted by the Secretary of Defense shall be made available to the public 30 days prior to the date the revisions take effect (B) REPORT ON BEST PRACTICES OF IN- ‘TERROGATIONS.—ARMISG03 won EO coe ye SLE (i) REquiEMENT FOR REPORT.—Not later than 120 days after the date of the enactment of this Act, the interagency body established pursuant to Exeentive Order 13491 (commonly known as the High-Vahie Detainee Interrogation Group) shall submit to the Secretary of Defense, the Director of National Intelligence, the Attorney General, and other appropria te officials a report on current, evidenced based, best practices for interrogation that are designed to elicit reliable and voluntary statements and do not involve the use of foree. (ii) REcoMaTENDATIONS.—The report required by clause (i) may include ree ommendations for revisions to Army Field Manual 222.3 based on the body of re- search commissioned by the High-Value Detainee Interrogation Group. (ili) AVAILABILITY TO THE PUBLIC.— Not later than 30 days after the report re- qnired by clause (i) is submitted sueh re- port shall be made available to the public.18 19 20 21 23 24 03 ACCESS TO DETAINEE! SLE. 6 (b) INTERNATIONAL COMMY OF THE RED CROSS (1) Requrresen. ~The head of any depart- ment or ageney of the United States Government shall provide the International Committee of the Red Cross with notification of, and prompt access to, any ied conflict in the cus- individual detained in any a ctive control of an officer, em- tody or under the efi ployee, contractor, subcontractor, or other agent of the United States Government or detained within a cility owned, operated, or effectively controlled by a departin ; contractor, or subcontractor nt, agency of the United States Government, consistent with Department of Defense regulations and policies. (2) CONSTRUCTIO: Nothing in this sub- ‘ion shall be construed— (A) to create or otherwise imply the au- thority to detain; or individual rights or state obligations which may arise under United States lav or o@im inter- national agreements to which the United States is a party, including the Geneva Conventions, or to state all of the situations under which notifi-ARMI5G08 SLE. 7 I cation to and access for the International Com- v mittee of the Red Cross is required or allowed.