123STA T . 2 45 3 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9SEC.1039 . NOTIF IC A TION AN D ACCESS OF INTE R NATIONA L CO M- MITTEE OF T H E RED CROSS W ITH RES P ECT TO DETAINEES AT THEATER INTERNMENT FACILIT Y AT B A G RAM AIR BASE , AFGHANISTAN. (a)NOTIF I CA TIO N.—The hea dof a mil i t a rys er v i c eorde p art - me n tthathasc u stody or effective control of the Theater I nternment F acility at B a g ram A ir Base , Afghanistan, or of any individual detained at such facility, shall, upon the detention of any such individual at such facility, notify the International C ommittee of the R ed Cross (referred to in this section as the ‘ ‘ICRC ’ ’) of such custody or effective control, as soon as practica b le. (b) ACC ES S.— ( 1 ) ICRC ACCESS.—The head of a military service or depart- ment w ith effective control of the Theater Internment Facility at Bagram Air Base, Afghanistan, shall— (A) endeavor to ensure prompt ICRC access to any individual described in subsection (a) upon receipt by such head of an ICRC re q uest to visit the detainee, pursuant to subsection (a)
or (B) if access to a such individual is temporarily denied asane x ceptional measure, due to reasons of imperative military necessity, as soon thereafter as practicable, con- sistent with Article 1 26 of the G eneva Convention Relative to the Treatment of P risoners of W ar, done at Geneva on August 12, 1 94 9(6 US T 3 316), but normally no later than the next regularly scheduled ICRC visit. (2) P R OTOCO L SAN D A G REE M ENTS.—Such access to the indi- vidual shall continue pursuant to ICRC protocols and agree- ments reached between the ICRC and the head of a military service or department with effective control over the Theater Internment Facility at Bagram Air Base, Afghanistan. (c) SCO P E OF ACCESS.—The ICRC shall be provided access, in accordance with this section, to those physical localities within the Theater Internment Facility at Bagram Air Base, Afghanistan, that are determined to be relevant to the treatment of an individual described in subsection (a), including the individual’s cell or room, interrogation facilities or rooms, hospital or related health care facilities or rooms, and recreation areas. The scope of access described in this subsection shall not be construed to apply to facilities other than the Theater Internment Facility at Bagram Air Base, Afghanistan. (d) EX CEPTION CONSISTENT WIT H THE GENE V A CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR.—Consistent with Article 126 of the Geneva Convention Relative to the Treat- ment of Prisoners of War, access by the ICRC to a detainee as provided for in subsections (b) and (c) may be temporarily denied, as an exceptional measure, for reasons of imperative military neces- sity. (e) CONSTR U CTION.—Nothing in this section shall be construed to— (1) create or modify the authority of the United States Armed Forces, the D epartment of Defense, a Federal law enforcement agency, or the intelligence community to detain an individual under existing law, as of the date of the enact- ment of this Act; or
