12 2 STA T .46 11 PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8hig h lev elg o ve rnm en t o f fi c i a l s, an d tri p sto I ra q and Gu antanamo B a y , C u b a .( d )RULEOF CO NSTR U C T I ON REL A TE D TO INTELLI G ENCE A CTI V I - TIES. —N othing in this section shall be construed to apply to any la w ful and authori z ed intelligence activity of the U nited S tates Government. SEC.1057 .SE N SE OF CON GR ESS ON I N T ERROG A TION OF D ETAINEES BY CONTRACTOR P ERSONNE L . It is the sense of Congress that— ( 1 ) the interrogation of enemy prisoners of war, civilian internees, retained persons, other detainees, terrorists, and criminals when captured, transferred, confined, or detained during or in the aftermath of hostilities is an inherently govern- mental function and cannot appropriately be transferred to private sector contractors
( 2 ) not later than one year after the date of the enactment of this Act, the Secretary of D efense should develop the resources needed to ensure that interrogations described in paragraph (1) can be conducted by government personnel and not by private sector contractors; and ( 3 ) properly trained and cleared contractors may appro- priately be used as linguists, interpreters, report writers, information technology technicians, and other employees filling ancillary positions, if the private sector contractors are sub j ect to the same rules, procedures, policies, and laws pertaining to detainee operations and interrogations that govern the e x ecu- tion of these positions by government personnel. SEC. 105 8 . SENSE OF CONGRESS W IT H RESPECT TO V IDEOTAPING OR OTHERWISE ELECTRONICALLY RECORDING STRATEGIC INTELLIGENCE INTERROGATIONS OF PERSONS IN THE C U STODY OF OR UNDER THE EFFECTIVE CONTROL OF THE DEPART M ENT OF DEFENSE. (a) IN GENERAL.—It is the sense of Congress that the Secretary of Defense should ta k e such actions as are necessary to ensure that each strategic intelligence interrogation of any person who is in the custody or under the effective control of the Department of Defense or under detention in a Department of Defense facility is videotaped or otherwise electronically recorded. (b) STRATEGIC INTELLIGENCE INTERROGATION DEFINED.— F or purposes of this section, the term ‘ ‘strategic intelligence interroga- tion ’ ’ means an interrogation of a person described in subsection (a) conducted at a theater-level detention facility. SEC. 105 9 . MODIFICATION OF DEADLINES FOR STANDARDS RE Q UIRED FOR ENTRY TO MILITARY INSTALLATIONS IN THE UNITED STATES. Section 1 069 (c) of the National Defense Authorization Act of Fiscal Y ear 200 8 ( P ublic L aw 110 – 181; 122 Stat. 32 7 ) is amended— (1) in paragraph (1)— (A) by striking ‘‘ J uly 1, 2008’’ and inserting ‘‘February 1, 2009’’; and (B) by striking ‘‘January 1, 2009’’ and inserting ‘‘ O ctober 1, 2010’’; and (2) in paragraph (2), by striking ‘‘implemented’’ and inserting ‘‘developed’’. 10USC 11 3note.
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