[国会纪录：2008年8月1日（参议院）] [Page S8044-S8045]关于引入Feinstein夫人的账单（为自己，洛克菲勒先生，Whitehouse先生，Hagel先生，Feingold先生威登先生）：3437.一项限制使用某些讯问技术的法案，要求通知被拘留者的红十字国际委员会，禁止承包商审讯，以及其他目的;到智力选择委员会。菲因斯坦太太。总统先生，今天，参议员洛克菲勒，怀特豪斯·哈格尔，费廷德和我介绍了中央情报局结束强制审讯和秘密拘留的立法。这些做法对我们的国家带来了羞耻，伤害了我们对抗恐怖战争的能力，我认为，违反了美国法律和国际条约义务。是时候拒绝酷刑和秘密失踪了。是时候结束将胁迫审讯外包到最低投标人。是时候恢复到几十年来促使美国伟大的规范和价值观，但在过去的7年里被玷污了。现在是公众知识，布什政府在副总统的话语中转向“黑暗的一面”。“”手套脱落“。”以反恐，中央情报局采取讯问 technique invented in the Spanish Inquisition to force false confessions and punish enemies. In a mistaken effort to gain better intelligence, the CIA used this same technique that the Justice Department has prosecuted and the State Department has decried overseas. The administration used warped logic and faulty reasoning to say waterboarding technique was not torture. It is. Waterboarding is the only technique to be publicly confirmed by this administration. There are others that have not been acknowledged but are still authorized for use. This has to end. But we will never turn this sad page in our Nation's history until all coercive techniques are banned, and are replaced with a single, clear, uniform standard across the United States Government. That standard is the one set out in the Army Field Manual. Its techniques work for the military and for the Federal Bureau of Investigation. If the CIA would abide by its terms, it would work for the CIA as well. The first provision in this legislation requires the Intelligence Community to follow the Army Field Manual. That is already the law for the Department of Defense. It is supported by 43 retired generals and admirals and by a bipartisan group of former Secretaries of State and Defense, Ambassadors, and national security advisors. [[Page S8045]] Majorities in both houses of Congress passed this provision earlier this year, sending a clear message that we do not support coercive interrogations. Regrettably, the President's veto stopped it from becoming law. The second provision in this legislation requires that access to any detainee being held by the intelligence community be provided to members of the International Committee of the Red Cross. Access by the ICRC is a hallmark of international law and is required by the Geneva Conventions. We believe that granting access to the ICRC is the best way to ensure that the same right will be afforded to U.S. forces if they are ever captured overseas. But ICRC access has been denied at CIA black sites in the war on terror. This has, in part, opened the door to the abuses in detainee treatment. Independent access prevents abuses like we witnessed at Abu Ghraib and Guantanamo Bay. It is time that the same protection is in place for the CIA as well, in the well-established rules that the military has used for years. Finally, this legislation contains a ban on contractor interrogators at the CIA. As General Hayden has testified, the CIA uses outside contractors to conduct these interrogations. We should not be using coercive interrogation techniques at all. But I firmly believe that outsourcing these interrogations to private companies is a way to diminish accountability and to avoid getting the Agency's hands dirty. I also believe that the use of contractors leads to more brutal interrogations than if they were done by Government employees. We remain a nation at war, and credible, actionable intelligence remains a cornerstone of our war effort. But that is not what the CIA detention and interrogation program has provided. Every single experienced interrogator tells us that coercive techniques will get someone to say what the interrogator wants to hear. But that doesn't make it true. In fact, coercive interrogations and the threat of torture produced the information that Saddam Hussein was providing al Qaeda with WMD training. That wasn't true, but it helped lead us to war in Iraq. Military and FBI interrogators also tell us that when they build a rapport with a detainee, they get more information, and more valuable information, than when it is coerced. Beyond that, our Nation has paid an enormous price because of these interrogations. They cast shadow and doubt over our ideals and our system of justice. Our enemies have used our practices to recruit more extremists. Our key global partnerships, crucial to winning the war on terror, have been strained. Look at two of our closest allies in the world. The British Parliament no longer trusts U.S. assurances that we will not torture detainees. The Canadian Government recently added the United States to its list of nations that conduct torture. This is not the country that we want to be. Torture and disappearances do not befit the nation that I know. It is time to restore America's integrity. It will take time to resume our place as the world's beacon of liberty and justice. This bill will put us on that path and start the process. I urge its passage. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. There being no objection, the text of the bill was ordered to be printed in the Record, as follows: S. 3437 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring America's Integrity Act''. SEC. 2. DEFINITIONS. In this Act: (1) Instrumentality.--The term ``instrumentality'', with respect to an element of the intelligence community, means a contractor or subcontractor at any tier of the element of the intelligence community. (2) Intelligence community.--The term ``intelligence community'' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). SEC. 3. LIMITATION ON INTERROGATION TECHNIQUES. No individual in the custody or under the effective control of personnel of an element of the intelligence community or instrumentality of an element of the intelligence community, regardless of nationality or physical location of such individual or personnel, shall be subject to any treatment or technique of interrogation not authorized by the United States Army Field Manual on Human Intelligence Collector Operations. SEC. 4. NOTIFICATION OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS. (a) Requirement.--The head of an element of the intelligence community or an instrumentality of such element who detains or has custody or effective control of an individual shall notify the International Committee of the Red Cross of the detention of the individual and provide access to such individual in a manner consistent with the practices of the Armed Forces. (b) Construction.--Nothing in this section shall be construed-- (1) to create or otherwise imply the authority to detain; or (2) to limit or otherwise affect any other rights or obligations which may arise under the Geneva Conventions, other international agreements, or other laws, 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. SEC. 5. PROHIBITION ON INTERROGATIONS BY CONTRACTORS. The Director of the Central Intelligence Agency may not permit a contractor or subcontractor to the Central Intelligence Agency to carry out an interrogation of an individual. Any interrogation carried out on behalf of the Central Intelligence Agency shall be conducted by an employee of such Agency. ______