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 effetARMI15G03
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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
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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
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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
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(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
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ACCESS TO DETAINEE!
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(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.
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I cation to and access for the International Com-
v
mittee of the Red Cross is required or allowed.
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