[Congressional Record Volume 161, Number 91 (Tuesday, June 9, 2015)]
[Senate]
[Pages S3905-S3921]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2016--Continued
[...]
Amendment No. 1889 to Amendment No. 1463
Mrs. FEINSTEIN. Mr. President, I call up the McCain-Feinstein-Reed-
Collins amendment No. 1889.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from California [Mrs. Feinstein], for Mr.
McCain, proposes an amendment numbered 1889 to amendment No.
1463.
Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that the
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To reaffirm the prohibition on torture)
At the end of subtitle D of title X, add the following:
SEC. 1040. REAFFIRMATION OF THE PROHIBITION ON TORTURE.
(a) Limitation on Interrogation Techniques to Those in the
Army Field Manual.--
(1) Army field manual 2-22.3 defined.--In this subsection,
the term ``Army Field Manual 2-22.3'' means the Army Field
Manual 2-22.3 entitled ``Human Intelligence Collector
Operations'' in effect on the date of the enactment of this
Act or any similar successor Army Field Manual.
(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 2-22.3.
(B) Individual described.--An individual described in this
subparagraph is an individual who is--
(i) in the custody or under the effective control of an
officer, employee, or other agent of the United States
Government; or
(ii) detained within a facility owned, operated, or
controlled by a department or agency of the United States, in
any armed conflict.
(3) Implementation.--Interrogation techniques, approaches,
and treatments described in Army Field Manual 2-22.3 shall be
implemented strictly in accord with the principles,
processes, conditions, and limitations prescribed by Army
Field Manual 2-22.3.
(4) Agencies other than the department of defense.--If a
process required by Army Field Manual 2-22.3, such as a
requirement of approval by a specified Department of Defense
official, is inapposite to a department or an agency other
than the Department of Defense, the head of such department
or
[[Page S3911]]
agency shall ensure that a process that is substantially
equivalent to the process prescribed by Army Field Manual 2-
22.3 for the Department of Defense is utilized by all
officers, employees, or other agents of such department or
agency.
(5) Interrogation by federal law enforcement.--Nothing in
this subsection shall preclude an officer, employee, or other
agent of the Federal Bureau of Investigation or other Federal
law enforcement agency from continuing to use authorized,
non-coercive techniques of interrogation that are designed to
elicit voluntary statements and do not involve the use of
force, threats, or promises.
(6) Update of the army field manual.--
(A) Requirement to update.--
(i) In general.--Not later than one year after the date of
the enactment of this Act, and once every three years
thereafter, the Secretary of Defense, in coordination with
the Attorney General, the Director of the Federal Bureau of
Investigation, and the Director of National Intelligence,
shall complete a thorough review of Army Field Manual 2-22.3,
and revise Army Field Manual 2-22.3, as necessary to ensure
that Army Field Manual 2-22.3 complies with the legal
obligations of the United States and reflects current,
evidence-based, best practices for interrogation that are
designed to elicit reliable and voluntary statements and do
not involve the use or threat of force.
(ii) Availability to the public.--Army Field Manual 2-22.3
shall remain available to the public and any revisions to 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 interrogations.--
(i) Requirement for report.--Not later than 120 days after
the date of the enactment of this Act, the interagency body
established pursuant to Executive Order 13491 (commonly known
as the High-Value Detainee Interrogation Group) shall submit
to the Secretary of Defense, the Director of National
Intelligence, the Attorney General, and other appropriate
officials a report on current, evidence-based, best practices
for interrogation that are designed to elicit reliable and
voluntary statements and do not involve the use of force.
(ii) Recommendations.--The report required by clause (i)
may include recommendations for revisions to Army Field
Manual 2-22.3 based on the body of research commissioned by
the High-Value Detainee Interrogation Group.
(iii) Availability to the public.--Not later than 30 days
after the report required by clause (i) is submitted such
report shall be made available to the public.
(b) International Committee of the Red Cross Access to
Detainees.--
(1) Requirement.--The head of any department or agency of
the United States Government shall provide the International
Committee of the Red Cross with notification of, and prompt
access to, any individual detained in any armed conflict in
the custody or under the effective control of an officer,
employee, contractor, subcontractor, or other agent of the
United States Government or detained within a facility owned,
operated, or effectively controlled by a department, agency,
contractor, or subcontractor of the United States Government,
consistent with Department of Defense regulations and
policies.
(2) Construction.--Nothing in this subsection shall be
construed--
(A) to create or otherwise imply the authority to detain;
or
(B) to limit or otherwise affect any other individual
rights or state obligations which may arise under United
States law or international agreements to which the United
States is a party, including the Geneva Conventions, or to
state all of the situations under which notification to and
access for the International Committee of the Red Cross is
required or allowed.
The PRESIDING OFFICER. The Senator from Nebraska.
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