Kerry Ammendment

An Amendment to SB.1 “The Omnibus Intelligence Act of 2009” An amendment to establish uniform standards for interrogation techniques applicable to individuals under the custody or physical control of the United States Government. Strike Section 4 and insert the following: SECTION 4. UNIFORM STANDARDS FOR INTERROGATION TECHNIQUES APPLICABLE TO INDIVIDUALS UNDER CONTROL OR CUSTODY OF THE UNITED STATES GOVERNMENT. (a) In General- No individual in the custody or under the effective control of the United States Government or any agency or instrumentality thereof, regardless of nationality or physical location, shall be subject to any treatment or technique of interrogation not authorized by sections 5-50 through 5-99 of the United States Army Field Manual on Human Intelligence Collector Operations. (b) Prohibited Actions- The treatment or techniques of interrogation prohibited under subsection (a) include, but are not limited to, the following: (1) Forcing an individual to be naked, perform sexual acts, or pose in sexual manner (2) Placing a hood or sack over the head of an individual, or using or placing duct tape over the eyes of an individual. (3) Applying a beating, electric shock, burns, or other forms of physical pain to an individual. (4) Subjecting an individual to the procedure known as `waterboarding'. (5) Subjecting an individual to threats or attack from a military working dog. (6) Inducing hypothermia or heat injury in an individual. (7) Conducting a mock execution of an individual. (8) Depriving an individual of necessary food, water, or medical care (c) Applicability- Subsection (a) shall not apply with respect to any individual in the custody or under the effective control of the United States Government pursuant to a criminal law or immigration law of the United States. (d) Construction- Nothing in this section shall be construed to affect the rights under the United States Constitution of any individual in the custody or under the effective control of the United States Government.