I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. REQUIREMENT FOR VIDEOTAPE RECORDINGS 

2 OF INTERROGATIONS AND OTHER PERTI3 NENT INTERACTIONS AMONG DETAINEES OR 

4 PRISONERS IN THE CUSTODY OF OR UNDER 

5 THE EFFECTIVE CONTROL OF THE UNITED 

6 STATES AND MEMBERS OF THE ARMED 

7 FORCES OF THE UNITED STATES, INTEL8 LIGENCE OPERATIVES OF THE UNITED 

9 STATES, AND CONTRACTORS OF THE UNITED 

10 STATES. 

11 (a) IN GENERAL.—In accordance with the Geneva 

12 Conventions of 1949, the International Covenant on Civil 

13 and Political Rights, the Convention Against Torture and 

14 Other Cruel, Inhuman, or Degrading Treatment or Pun15 ishment, and prohibitions against any cruel, unusual, and 

16 inhumane treatment or punishment under the Fifth, 

17 Eighth, and Fourteenth Amendments to the Constitution 

18 of the United States, the President shall take such actions 

19 as are necessary to ensure that any interrogations and 

20 other pertinent interactions between an individual who is 

21 a detainee or prisoner in the custody or under the effective 

22 control of the armed forces of the United States pursuant 

23 to an interrogation, or other pertinent interaction, for the 

24 purpose of gathering intelligence and a member of the 

25 armed forces of the United States, an intelligence opera-
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1 tive of the United States, or a contractor of the United 

2 States, is videotaped. 

3 (b) CLASSIFICATION OF INFORMATION.—The Presi4 dent shall provide for the appropriate classification, to 

5 protect United States national security and the privacy of 

6 detainees or prisoners held by the United States, of video7 tapes referred to in subsection (a). Videotapes shall be 

8 made available, under seal if appropriate, to both prosecu9 tion and defense to the extent they are material to any 

10 military or civilian criminal proceeding. 

11 SEC. 2. UNFETTERED ACCESS PRISONERS AND DETAINEES 

12 OF THE UNITED STATES TO ENSURE INDE13 PENDENT MONITORING AND TRANSPARENT 

14 INVESTIGATIONS. 

15 The President shall take such actions as are nec16 essary to ensure that representatives of the following orga17 nizations are immediately granted unfettered access to de18 tainees or prisoners in the custody or under the effective 

19 control of the armed forces of the United States: 

20 (1) The International Federation of the Inter21 national Committee of the Red Cross and the Red 

22 Crescent. 

23 (2) The United Nations High Commissioner for 

24 Human Rights. 
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1 (3) The United Nations Special Rapporteur on 

2 Torture. 

3 SEC. 3. GUIDELINES FOR VIDEOTAPE RECORDINGS. 

4 (a) DEVELOPMENT OF GUIDELINES.—The Judge 

5 Advocate General (as defined in section 801(1) of title 10, 

6 United States Code, (Article I of the Uniform Code of 

7 Military Justice)) shall develop guidelines designed to en8 sure that the videotaping required under section 1 is suffi9 ciently expansive to prevent any abuse of detainees and 

10 prisoners referred to in paragraph (1) and violations of 

11 law binding on the United States, including treaties speci12 fied in section 1(a). 

13 (b) 30-DAY DEADLINE FOR SUBMITTAL TO CON14 GRESS.—Not later than 30 days after the date of the en15 actment of this Act, the Judge Advocate General shall 

16 submit to Congress a report containing the guidelines de17 veloped under subsection (a).

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