[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4951 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4951

   To require the videotaping of interrogations and other pertinent 
  actions between a detainee or prisoner in the custody or under the 
effective control of the armed forces of the United States pursuant to 
 an interrogation, or other pertinent interaction, for the purpose of 
 gathering intelligence and a member of the armed forces of the United 
States, an intelligence operative of the United States, or a contractor 
                         of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2004

   Mr. Holt introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To require the videotaping of interrogations and other pertinent 
  actions between a detainee or prisoner in the custody or under the 
effective control of the armed forces of the United States pursuant to 
 an interrogation, or other pertinent interaction, for the purpose of 
 gathering intelligence and a member of the armed forces of the United 
States, an intelligence operative of the United States, or a contractor 
                         of the United States.

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

SECTION 1. REQUIREMENT FOR VIDEOTAPE RECORDINGS OF INTERROGATIONS AND 
              OTHER PERTINENT INTERACTIONS AMONG DETAINEES OR PRISONERS 
              IN THE CUSTODY OF OR UNDER THE EFFECTIVE CONTROL OF THE 
              UNITED STATES AND MEMBERS OF THE ARMED FORCES OF THE 
              UNITED STATES, INTELLIGENCE OPERATIVES OF THE UNITED 
              STATES, AND CONTRACTORS OF THE UNITED STATES.

    (a) In General.--In accordance with the Geneva Conventions of 1949, 
the International Covenant on Civil and Political Rights, the 
Convention Against Torture and Other Cruel, Inhuman, or Degrading 
Treatment or Punishment, and prohibitions against any cruel, unusual, 
and inhumane treatment or punishment under the Fifth, Eighth, and 
Fourteenth Amendments to the Constitution of the United States, the 
President shall take such actions as are necessary to ensure that any 
interrogations and other pertinent interactions between an individual 
who is a detainee or prisoner in the custody or under the effective 
control of the armed forces of the United States pursuant to an 
interrogation, or other pertinent interaction, for the purpose of 
gathering intelligence and a member of the armed forces of the United 
States, an intelligence operative of the United States, or a contractor 
of the United States, is videotaped.
    (b) Classification of Information.--The President shall provide for 
the appropriate classification, to protect United States national 
security and the privacy of detainees or prisoners held by the United 
States, of videotapes referred to in subsection (a). Videotapes shall 
be made available, under seal if appropriate, to both prosecution and 
defense to the extent they are material to any military or civilian 
criminal proceeding.

SEC. 2. UNFETTERED ACCESS PRISONERS AND DETAINEES OF THE UNITED STATES 
              TO ENSURE INDEPENDENT MONITORING AND TRANSPARENT 
              INVESTIGATIONS.

     The President shall take such actions as are necessary to ensure 
that representatives of the following organizations are immediately 
granted unfettered access to detainees or prisoners in the custody or 
under the effective control of the armed forces of the United States:
            (1) The International Federation of the International 
        Committee of the Red Cross and the Red Crescent.
            (2) The United Nations High Commissioner for Human Rights.
            (3) The United Nations Special Rapporteur on Torture.

SEC. 3. GUIDELINES FOR VIDEOTAPE RECORDINGS.

    (a) Development of Guidelines.--The Judge Advocate General (as 
defined in section 801(1) of title 10, United States Code, (Article I 
of the Uniform Code of Military Justice)) shall develop guidelines 
designed to ensure that the videotaping required under section 1 is 
sufficiently expansive to prevent any abuse of detainees and prisoners 
referred to in paragraph (1) and violations of law binding on the 
United States, including treaties specified in section 1(a).
    (b) 30-Day Deadline for Submittal to Congress.--Not later than 30 
days after the date of the enactment of this Act, the Judge Advocate 
General shall submit to Congress a report containing the guidelines 
developed under subsection (a).
                                 <all>