Title 42The Public Health and WelfareRelease 119-73

§2000dd–2 Limitation on interrogation techniques

Title 42 › Chapter CHAPTER 21D— - DETAINEE TREATMENT › § 2000dd–2

Last updated Apr 6, 2026|Official source

Summary

Stops people held or controlled by U.S. officials during an armed conflict from being questioned with any methods that are not listed in the Army Field Manual 2–22.3. Army Field Manual 2–22.3 — the Army’s human intelligence manual in effect on November 25, 2015 (or a similar later version). Any questioning methods must follow the manual’s rules exactly. If a step in the manual (like approval by a Defense official) does not fit another agency, that agency head must set up a similar approval process. The rule does not apply to the FBI, the Department of Homeland Security, or other federal law enforcement. Not sooner than three years after November 25, 2015, and every three years after that, the Secretary of Defense, with input from the Attorney General, the FBI director, and the Director of National Intelligence, must review and update the manual so it meets U.S. law and does not use or threaten force. The manual must stay public, and changes must be posted 30 days before they start. Within 120 days after November 25, 2015, the High-Value Detainee Interrogation Group must send a report on non-force interrogation best practices to top officials and may recommend changes; that report must be made public within 30 days of submission. Heads of U.S. departments and agencies must tell the International Committee of the Red Cross and give them prompt access to anyone detained in an armed conflict who is in U.S. custody, control, or held in U.S.-run facilities, following Defense rules. This does not give anyone new power to detain people, and it does not limit other rights or duties under U.S. or international law, including the Geneva Conventions.

Full Legal Text

Title 42, §2000dd–2

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)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 November 25, 2015, or any similar successor Army Field Manual.
(2)(A)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)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)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)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 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)The limitations in this subsection shall not apply to officers, employees, or agents of the Federal Bureau of Investigation, the Department of Homeland Security, or other Federal law enforcement entities.
(6)(A)(i)Not sooner than three years after November 25, 2015, and once every three years thereafter, the Secretary of Defense, in consultation 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 the practices for interrogation described therein do not involve the use or threat of force.
(ii)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)(i)Not later than 120 days after November 25, 2015, 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 best practices for interrogation that do not involve the use of force.
(ii)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)Not later than 30 days after the report required by clause (i) is submitted such report shall be made available to the public.
(b)(1)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Executive Order 13491, referred to in subsec. (a)(6)(B)(i), is Ex. Ord. No. 13491, Jan. 22, 2009, 74 F.R. 4893, which is set out as a note under section 2000dd of this title. Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2016, and not as part of the Detainee Treatment Act of 2005 which comprises this chapter.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2000dd–2

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73