§2000dd–2 Limitation on Interrogation Techniques

Summary

Only interrogation methods listed in the Army Field Manual 2–22.3 may be used on people the United States holds or controls in an armed conflict. Army Field Manual 2–22.3 means the "Human Intelligence Collector Operations" manual in effect on November 25, 2015, or a similar successor. The covered people are those in U.S. custody or under U.S. control, or detained in facilities owned, run, or controlled by a U.S. department or agency during any armed conflict. Interrogations must follow the manual’s rules exactly. If a requirement in the manual (for example, a DoD approval step) does not fit a non‑Defense agency, that agency’s head must create a substantially similar process. Officers, employees, or agents of the FBI, Department of Homeland Security, and other federal law enforcement are not covered by this limit. The Secretary of Defense must review and, if needed, revise the manual not sooner than three years after November 25, 2015, and every three years after that, working with the Attorney General, the FBI Director, and the Director of National Intelligence. Revisions must follow U.S. legal obligations and must not allow use or threat of force. The manual and any changes must be made public; changes must be posted 30 days before they take effect. An interagency group had to give a report on non‑force interrogation best practices within 120 days after November 25, 2015, and that report had to be made public within 30 days after it was submitted. Heads of U.S. departments and agencies must notify and give prompt access to the International Committee of the Red Cross for detainees in armed conflict, consistent with Department of Defense rules. This does not create a power to detain or change other legal rights or obligations.