I
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 Representa-
tives 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.
‘‘§ 2340. Definitions
‘‘As used in this chapter—
‘‘(1) ‘torture’ means an act committed by a per-
son acting under the color of law specifically in-
tended 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 threat-
ened infliction of severe physical pain or suffer-
ing;
‘‘(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 phys-
ical 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)).
‘‘§ 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 Unit-
ed States, irrespective of the nationality of the vic-
tim or the alleged offender.
‘‘§ 2340B. Exclusive remedies
‘‘Nothing in this chapter shall be construed as pre-
cluding 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 Pun-
ishment.
Æ