[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 933 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 933

   To implement for the United States the United Nations Convention 
  Against Torture and Other Cruel, Inhumane or Degrading Treatment or 
                              Punishment.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 1993

Mr. Mazzoli (for himself and Mr. Lantos) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To implement for the United States the United Nations Convention 
  Against Torture and Other Cruel, Inhumane or Degrading Treatment or 
                              Punishment.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PURPOSE.

    It is the purpose of this Act to enact the necessary legislation to 
implement for the United States the United Nations Convention Against 
Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment.

SEC. 2. TORTURE.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 113A the following new chapter:

                        ``CHAPTER 113B--TORTURE

``Sec.
``2340. Definitions.
``2340A. Torture.
``2340B. Exclusive remedies.
``Sec. 2340. Definitions
    ``As used in this chapter--
            ``(1) `torture' means an act committed by a person acting 
        under the color of law specifically intended to inflict severe 
        physical or mental pain or suffering (other than pain or 
        suffering incidental to lawful sanctions) upon another person 
        within his custody or physical control;
            ``(2) `severe mental pain or suffering' means the prolonged 
        mental harm caused by or resulting from--
                    ``(A) the intentional infliction or threatened 
                infliction of severe physical pain or suffering;
                    ``(B) the administration or application, or 
                threatened administration or application, of mind 
                altering substances or other procedures calculated to 
                disrupt profoundly the senses or the personality;
                    ``(C) the threat of imminent death; or
                    ``(D) the threat that another person will 
                imminently be subjected to death, severe physical pain 
                or suffering, or the administration or application of 
                mind altering substances or other procedures calculated 
                to disrupt profoundly the senses or personality; and
            ``(3) `United States' includes all areas under the 
        jurisdiction of the United States including any of the places 
        within the provisions of sections 5 and 7 of this title and 
        section 101(38) of the Federal Aviation Act of 1958, as amended 
        (49 U.S.C. App. 1301(38)).
``Sec. 2340A. Torture
    ``(a) Whoever outside the United States commits or attempts to 
commit torture shall be fined under this title or imprisoned not more 
than 20 years, or both; and if death results to any person from conduct 
prohibited by this subsection, shall be punished by death or imprisoned 
for any term of years or for life.
    ``(b) There is jurisdiction over the prohibited activity in 
subsection (a) if--
            ``(1) the alleged offender is a national of the United 
        States; or
            ``(2) the alleged offender is present in the United States, 
        irrespective of the nationality of the victim or the alleged 
        offender.
``Sec. 2340B. Exclusive remedies
    ``Nothing in this chapter shall be construed as precluding the 
application of State or local laws on the same subject, nor shall 
anything in this chapter be construed as creating any substantive or 
procedural right enforceable by law by any party in any civil 
proceeding.''.
    (b) Clerical Amendment.--The table of chapters for part I of title 
18, United States Code, is amended by inserting after the item for 
chapter 113A the following new item:

``Torture...................................................   2340.''.
    (c) Effective Date.--This section shall take effect on the later 
of--
            (1) the date of enactment of this Act; or
            (2) the date the United States has become a party to the 
        Convention Against Torture and Other Cruel, Inhumane or 
        Degrading Treatment or Punishment.

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