123STA T . 2 45 2 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9detain ee ,or an y ot h er indi v id u a lw hoi s in the c ustody or under the e f fective control of the D e p art m ent of Defense or otherwise under detention in a Department of Defense facility in connection with hostilities may b e interro g ated by contractor personnel .( b )AUTHORIZEDF U NC TION S O FC ONTR A CTOR P ERSONNE L . — Con - tractor personnel with proper training and security clearances may be used as linguists, interpreters, report writers, information tech- nology technicians, and other employees filling ancillary positions, including as trainers of and advisors to interrogators, in interroga- tions of persons as described in subsection (a) if— ( 1 ) such personnel are sub j ect to the same rules, proce- dures, policies, and laws pertaining to detainee operations and interrogations as apply to government personnel in such posi- tions in such interrogations
and ( 2 ) appropriately q ualified and trained military or civilian personnel of the Department of Defense are available to oversee the contractor ’ s performance and to ensure that contractor per- sonnel do not perform activities that are prohibited under this section. (c) DISCHAR G E BYG O V ERN M ENT PERSONNEL.— T he S ecretary of Defense shall ta k e appropriate actions to ensure that, by not later than one year after the date of the enactment of this Act, the Department of Defense has the resources needed to ensure that interrogations described in subsection (a) are conducted by appropriately qualified government personnel. (d) W AIVER.— (1) WAIVERS AUTHORIZED.—The Secretary of Defense may waive the prohibition under subsection (a) for a period of 60 days if the Secretary determines such a waiver is vital to the national security interests of the U nited States. The Sec- retary may renew a waiver issued pursuant to this paragraph for an additional 3 0-day period, if the Secretary determines that such a renewal is vital to the national security interests of the United States. (2) L IMITATION ON DELEGATION.— (A) I N GENERAL.—The waiver authority under para- graph (1) may not be delegated to any official below the level of the Deputy Secretary of Defense, e x cept in the case of a waiver for an individual interrogation that is based on military exigencies, in which case the delegation of the waiver authority shall be done pursuant to regula- tions that the Secretary of Defense shall prescribe but in no instance may the latter delegation be below the level of combatant commander of the theater in which the individual is in the custody or under the effective control of the Department of Defense or otherwise under detention in a Department of Defense facility within that theater. ( B ) DEADLINE FOR REGULATIONS.—The Secretary of Defense shall prescribe the regulations referred to in subparagraph (A) by not later than 30 days after the date of the enactment of this Act. (3) CONGRESSIONAL NOTIFICATION.— N ot later than five days after the Secretary issues a waiver pursuant to paragraph (1), the Secretary shall submit to Congress written notification of the waiver. Deadlin e .T i m e p e r i o d s . De t erminations. Deadline.
