[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4728 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4728
To affirm that the United States may not engage in torture or cruel,
inhuman, or degrading treatment or punishment, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 25, 2004
Mr. Conyers (for himself, Ms. Lofgren, Mr. Meehan, Ms. Waters, and Ms.
Linda T. Sanchez of California) introduced the following bill; which
was referred to the Committee on Armed Services, and in addition to the
Committees on the Judiciary and International Relations, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To affirm that the United States may not engage in torture or cruel,
inhuman, or degrading treatment or punishment, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Responsible Interrogation
Standards Enforcement Act of 2004'' or ``PRISE Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) After World War II, the United States and its allies
created a new international legal order based on respect for
human rights. One of its fundamental tenets was a universal
prohibition on torture and ill treatment.
(2) On June 26, 2003, the International Day in Support of
Victims of Torture, President George W. Bush stated, ``The
United States is committed to the world-wide elimination of
torture and we are leading this fight by example. I call on all
governments to join with the United States and the community of
law-abiding nations in prohibiting, investigating, and
prosecuting all acts of torture and in undertaking to prevent
other cruel and unusual punishment.''.
(3) The United States is a party to the Geneva Conventions,
which prohibit torture, cruel treatment, or outrages upon
personal dignity, in particular, humiliating and degrading
treatment, during armed conflict.
(4) The United States is a party to 2 treaties that
prohibit torture and cruel, inhuman, or degrading treatment or
punishment, as follows:
(A) The International Covenant on Civil and
Political Rights, done at New York on December 16,
1966.
(B) The Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, done at
New York on December 10, 1984.
(5) The United States filed reservations to the treaties
described in subparagraphs (A) and (B) of paragraph (4) stating
that the United States considers itself bound to prevent
``cruel, inhuman or degrading treatment or punishment'' to the
extent that phrase means the cruel, unusual, and inhumane
treatment or punishment prohibited by the 5th amendment, 8th
amendment, or 14th amendment to the Constitution.
(6) Army Regulation 190-8 entitled ``Enemy Prisoners of
War, Retained Personnel, Civilian Internees and Other
Detainees'' provides that ``Inhumane treatment is a serious and
punishable violation under international law and the Uniform
Code of Military Justice (UCMJ). . . . All prisoners will
receive humane treatment without regard to race, nationality,
religion, political opinion, sex, or other criteria. The
following acts are prohibited: murder, torture, corporal
punishment, mutilation, the taking of hostages, sensory
deprivation, collective punishments, execution without trial by
proper authority, and all cruel and degrading treatment. . . .
All persons will be respected as human beings. They will be
protected against all acts of violence to include rape, forced
prostitution, assault and theft, insults, public curiosity,
bodily injury, and reprisals of any kind. . . . This list is
not exclusive.''.
(7) The Field Manual on Intelligence Interrogation of the
Department of the Army states that ``acts of violence or
intimidation, including physical or mental torture, threats,
insults, or exposure to inhumane treatment as a means of or an
aid to interrogation'' are ``illegal''. Such Manual defines
``infliction of pain through . . . bondage (other than
legitimate use of restraints to prevent escape)'', ``forcing an
individual to stand, sit, or kneel in abnormal positions for
prolonged periods of time'', ``food deprivation'', and ``any
form of beating'' as ``physical torture'', defines ``abnormal
sleep deprivation'' as ``mental torture'', and prohibits the
use of such tactics under any circumstances.
(8) The Field Manual on Intelligence Interrogation of the
Department of the Army states that ``Use of torture and other
illegal methods is a poor technique that yields unreliable
results, may damage subsequent collection efforts, and can
induce the source to say what he thinks the interrogator wants
to hear. Revelation of use of torture by U.S. personnel will
bring discredit upon the U.S. and its armed forces while
undermining domestic and international support for the war
effort. It may also place U.S. and allied personnel in enemy
hands at a greater risk of abuse by their captors.''.
SEC. 3. HUMANE TREATMENT OF DETAINEES.
(a) Prohibition on Torture or Cruel, Inhuman, or Degrading
Treatment or Punishment.--(1) No person in the custody or under the
physical control of the United States shall be subject to torture or
cruel, inhuman, or degrading treatment or punishment that is prohibited
by the Constitution, laws, or treaties of the United States.
(2) Nothing in this section shall affect the status of any person
under the Geneva Conventions or whether any person is entitled to the
protections of the Geneva Conventions.
(b) Rules, Regulations, and Guidelines.--(1) Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall prescribe the rules, regulations, or guidelines necessary
to ensure compliance with the prohibition in subsection (a)(1) by the
members of the Armed Forces and by any person providing services to the
Department of Defense on a contract basis.
(2) The Secretary shall submit to the congressional defense
committees the rules, regulations, or guidelines prescribed under
paragraph (1), and any modifications to such rules, regulations, or
guidelines--
(A) not later than 30 days after the effective date of such
rules, regulations, guidelines, or modifications; and
(B) in a manner and form that will protect the national
security interests of the United States.
(c) Report to Congress.--(1) The Secretary of Defense shall submit,
on a timely basis and not less than twice each year, a report to
Congress on the circumstances surrounding any investigation of a
possible violation of the prohibition in subsection (a)(1) by a member
of the Armed Forces or by a person providing services to the Department
of Defense on a contract basis.
(2) A report required under paragraph (1) shall be submitted in a
manner and form that--
(A) will protect the national security interests of the
United States; and
(B) will not prejudice any prosecution of an individual
involved in, or responsible for, a violation of the prohibition
in subsection (a)(1).
(d) Definitions.--In this section:
(1) The term ``cruel, inhuman, or degrading treatment or
punishment'' means the cruel, unusual, and inhumane treatment
or punishment prohibited by the 5th amendment, 8th amendment,
or 14th amendment to the Constitution.
(2) The term ``congressional defense committees'' means the
Committees on Armed Services and the Committees on
Appropriations of the Senate and the House of Representatives.
(3) The term ``Geneva Conventions'' means--
(A) the Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in
the Field, done at Geneva August 12, 1949 (6 UST 3114);
(B) the Convention for the Amelioration of the
Condition of the Wounded, Sick, and Shipwrecked Members
of Armed Forces at Sea, done at Geneva August 12, 1949
(6 UST 3217);
(C) the Convention Relative to the Treatment of
Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316); and
(D) the Convention Relative to the Protection of
Civilian Persons in Time of War, done at Geneva August
12, 1949 (6 UST 3516).
(4) The term ``torture'' has the meaning given that term in
section 2340 of title 18, United States Code.
SEC. 4. ADHERENCE BY UNITED STATES TO OBLIGATIONS UNDER THE CONVENTION
AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING
TREATMENT OR PUNISHMENT.
(a) Limitation on Assistance With Respect to Obtaining Information
From Individuals.--An officer or employee of the United States may not
provide assistance to the government of a foreign country for the
purpose of obtaining information from an individual held in custody by
the foreign government if the officer or employee has reason to believe
that torture or cruel, inhuman, or degrading treatment or punishment
will be utilized to obtain the information.
(b) Limitation on Assistance With Respect to Transfer of
Individuals.--An officer or employee of the United States may not
encourage or otherwise assist the government of a foreign country to
transfer, render, expel, return, or extradite an individual to another
country if the officer or employee has reason to believe that the
individual would be in danger of being subjected to torture in
violation of Article 3 of the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment. For purposes of
the preceding sentence, the term ``assist'' includes the provision of
personnel, information, equipment, financial assistance, or any other
form of assistance.
SEC. 5. MODIFICATION TO DEFINITION OF UNITED STATES FOR PURPOSES OF
PROHIBITION AGAINST TORTURE.
Section 2340(3) of title 18, United States Code, is amended by
striking ``includes'' and all that follows through the period at the
end and inserting ``means the several States of the United States, the
District of Columbia, and the commonwealths, territories, and
possessions of the United States.''.
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