§2000dd–2 Limitation on Interrogation Techniques

Summary

People in U.S. custody or basically controlled by U.S. officers, or held in a U.S.-run facility during any armed conflict, must only be questioned or treated for questioning in ways that are listed in Army Field Manual 2–22.3. Army Field Manual 2–22.3 — the "Human Intelligence Collector Operations" manual in effect on November 25, 2015, or a similar successor — controls what methods are allowed and those methods must be followed exactly. If a DoD approval step in the manual does not fit another agency, that agency’s leader must create a similar approval process. The rule does not apply to FBI, Department of Homeland Security, or other federal law enforcement entities. Not sooner than three years after November 25, 2015, and every three years after that, the Secretary of Defense, with several top officials, must review and update the manual so it follows U.S. law and avoids use or threats of force. The manual and any changes must be made public, with changes posted 30 days before they start. An interagency group had to send a report on non-force questioning best practices within 120 days after November 25, 2015, and that report had to be made public within 30 days after it was sent. Heads of U.S. agencies must also notify and promptly allow the International Committee of the Red Cross to see any person detained in armed conflict who is in U.S. custody or control, consistent with Defense rules. Nothing here creates the power to detain or limits other legal rights or international obligations, including the Geneva Conventions.