ture, corporal punishment, mutilation, the taking of 
hostages, sensory deprivation, collective punish-
ments, execution without trial by proper authority, 
and all cruel and degrading treatment. . . . All per-
sons 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 Interroga-
tion of the Department of the Army states that 
‘‘acts of violence or intimidation, including physical 
or mental torture, threats, insults, or exposure to in-
humane treatment as a means of or an aid to inter-
rogation’’ are ‘‘illegal’’. Such Manual defines ‘‘inflic-
tion of pain through . . . bondage (other than legiti-
mate use of restraints to prevent escape)’’, ‘‘forcing 
an individual to stand, sit, or kneel in abnormal po-
sitions for prolonged periods of time’’, ‘‘food depriva-
tion’’, and ‘‘any form of beating’’ as ‘‘physical tor-
ture’’, defines ‘‘abnormal sleep deprivation’’ as 
‘‘mental torture’’, and prohibits the use of such tac-
tics under any circumstances. 
(8) The Field Manual on Intelligence Interroga-
tion 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. per-
sonnel will bring discredit upon the U.S. and its 
armed forces while undermining domestic and inter-
national support for the war effort. It may also place 
U.S. and allied personnel in enemy hands at a great-
er risk of abuse by their captors.’’. 
SEC. 3. HUMANE TREATMENT OF DETAINEES. 
(a) PROHIBITION ON TORTURE OR CRUEL, INHU-
MAN, 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 Conven-
tions. 
(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 com-
pliance with the prohibition in subsection (a)(1) by the 
members of the Armed Forces and by any person pro-
viding 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 modi-
fications; 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 Depart-
ment 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