[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3541 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3541

 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

                             July 28, 2005

Mr. Conyers (for himself, Mr. Skelton, Mr. Serrano, Ms. Zoe Lofgren of 
    California, Mr. Meehan, 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 Committee on 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 2005'' or ``PRISE Act of 2005''.

SEC. 2. FINDINGS AND SENSE OF CONGRESS.

    (a) 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.''.
    (b) Sense of Congress.--It is the sense of Congress that the 
reservation filed by the United States to the Convention against 
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 
(``Convention'') regarding the obligation under Article 16 of the 
Convention--
            (1) should be interpreted as a substantive definition of 
        the term ``cruel, inhuman or degrading treatment or 
        punishment'' under Article 16 of the Convention and not as a 
        geographical limitation on the obligations of the United States 
        under Article 16 of the Convention; and
            (2) should reflect the original intent of the Senate and 
        preserve the objectives and purposes of the Convention.

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.
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