Sec. 1004. PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL ENGAGED IN AUTHORIZED INTERROGATIONS.1

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## SEC. 1004 PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL ENGAGED IN AUTHORIZED INTERROGATIONS.1 **[**[42 U.S.C. 2000dd–1](/us/usc/t42/s2000dd–1)**]** 1Section 8(b) of the Military Commissions Act of 2006 (Public Law 109–366; 42 U.S.C. 2000dd–1 note; 120 Stat. 2636) provides as follows:

(b)Protection of Personnel.—Section 1004 of the Detainee Treatment Act of 2005 (42 U.S.C. 2000dd–1) shall apply with respect to any criminal prosecution that—

(1)relates to the detention and interrogation of aliens described in such section;

(2)is grounded in section 2441(c)(3) of title 18, United States Code; and

(3)relates to actions occurring between September 11, 2001, and December 30, 2005. ###

(a)Protection of United States Government Personnel In any civil action or criminal prosecution against an officer, employee, member of the Armed Forces, or other agent of the United States Government who is a United States person, arising out of the officer, employee, member of the Armed Forces, or other agent's engaging in specific operational practices, that involve detention and interrogation of aliens who the President or his designees have determined are believed to be engaged in or associated with international terrorist activity that poses a serious, continuing threat to the United States, its interests, or its allies, and that were officially authorized and determined to be lawful at the time that they were conducted, it shall be a defense that such officer, employee, member of the Armed Forces, or other agent did not know that the practices were unlawful and a person of ordinary sense and understanding would not know the practices were unlawful. Good faith reliance on advice of counsel should be an important factor, among others, to consider in assessing whether a person of ordinary sense and understanding would have known the practices to be unlawful. Nothing in this section shall be construed to limit or extinguish any defense or protection otherwise available to any person or entity from suit, civil or criminal liability, or damages, or to provide immunity from prosecution for any criminal offense by the proper authorities. ### (b)1 Counsel The United States Government shall provide or employ counsel, and pay counsel fees, court costs, bail, and other expenses incident to the representation of an officer, employee, member of the Armed Forces, or other agent described in subsection (a), with respect to any civil action or criminal prosecution or investigation arising out of practices described in that subsection, whether before United States courts or agencies, foreign courts or agencies, or international courts or agencies, under the same conditions, and to the same extent, to which such services and payments are authorized under section 1037 of title 10, United States Code. 1Section 1004(b) reflects the execution of the amendment made by section 8(a)(3) of Public Law 109–366 including the layered technical amendment by section 1063(d)(1) of P.L. 110–181 which probably should have been made to insert a comma instead of a semicolon. The original amendment was carried out to reflect the probable intent of Congress.

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42 USC 2000dd–1
Pub. L. 109-366
120 Stat. 2636

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Sec. 1004

PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL ENGAGED IN AUTHORIZED INTERROGATIONS.1

Cite42 USC 2000dd–1

Pub. L.Pub. L. 109-366

Stat.120 Stat. 2636

Cites 3Cited by 0 across 0 sources