123STA T . 2 480PUBLIC LA W 111 – 84 —O CT. 28 , 200 9(c)STRA T EGICIN TE L LIGENCE INTERR O GATION D E F INE D.—Forpu rpo se so fthi s sectio n, the ter m‘ ‘str a te g ic inte l ligence interroga - tion ’ ’ means an interrogation of a person d escri b ed in subsection (a) conducted at a theater-le v el detention facilit y . (d) EX CL US ION.— N othing in this section shall be construed as re q uiring— ( 1 ) any member of the A rmed Forces engaged in direct combat operations to videotape or other w ise electronically record an interrogation of a person described in subsection (a)
or ( 2 ) the videotaping of or otherwise electronically recording of tactical questioning, as such term is defined in the Army Field M anual on H uman Intelligence C ollector O perations (FM 2 – 22. 3 , September 2 0 0 6 ), or any successor thereto. (e) W AI V ER.— (1) WAIVERS AUT H ORI Z ED.— T he Secretary of Defense may, asane x ceptional measure, as part of a specific interrogation plan for a specific person described in subsection (a), waive the requirement in that subsection on a case-by-case basis for a period not to exceed 30 days, if the Secretary— (A) ma k es a determination in writing that such a waiver is necessary to the national security interests of the U nited States; and ( B ) by not later than five days after the date on which such a determination is made, submits to the Committees on Armed Services of the Senate and House of R epresenta- tives, the House P ermanent Select Committee on Intel- ligence, and the Senate Select Committee on Intelligence notice of that determination, including a j ustification for that determination. (2) SUS P ENSIONS AUTHORIZED.—The Secretary may tempo- rarily suspend the requirement under subsection (a) at a spe- cific theater-level detention facility for a period not to exceed 30 days, if the Secretary— (A) makes a determination in writing that such a suspension is vital to the national security interests of the United States; and (B) by not later than five days after the date on which such a determination is made, submits to the Committees on Armed Services of the Senate and House of Representa- tives, the House Permanent Select Committee on Intel- ligence, and the Senate Select Committee on Intelligence notice of that determination, including a justification for that determination. (3) L I M ITATION ON DELEGATION OF AUTHORIT Y .—This authority of the Secretary under this subsection may only be delegated as follows
(A) In the case of the authority under paragraph (1), such authority may not be delegated below the level of the combatant commander of the theater in which the detention facility holding the person is located. (B) In the case of the authority under paragraph (2), such authority may not be delegated below the level of the Deputy Secretary of Defense. ( 4 ) EXTENSIONS.—The Secretary may extend a waiver under paragraph (1) for one additional 30-day period, or a Deadlin e .Not i c e. Dete rm ination. Deadline. Notice. Determination.
