I 
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. SA´NCHEZ of California) 
introduced the following bill; which was referred to the Committee on 
Armed Services, and in addition to the Committee on International Rela-
tions, 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 punish-
ment, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 find-
ings: 
(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 funda-
mental 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 govern-
ments to join with the United States and the com-
munity of law-abiding nations in prohibiting, inves-
tigating, and prosecuting all acts of torture and in 
undertaking to prevent other cruel and unusual pun-
ishment.’’. 
(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 degrad-
ing treatment or punishment, as follows:
(A) The International Covenant on Civil 
and Political Rights, done at New York on De-
cember 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 con-
siders itself bound to prevent ‘‘cruel, inhuman or de-
grading 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 In-
ternees and Other Detainees’’ provides that ‘‘Inhu-
mane treatment is a serious and punishable violation 
under international law and the Uniform Code of 
Military Justice (UCMJ). . . . All prisoners will re-
ceive humane treatment without regard to race, na-
tionality, religion, political opinion, sex, or other cri-
teria. The following acts are prohibited: murder, tor-
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.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the reservation filed by the United States to 
the Convention against Torture and Other Cruel, Inhu-
man or Degrading Treatment or Punishment (‘‘Conven-
tion’’) regarding the obligation under Article 16 of the 
Convention— 
(1) should be interpreted as a substantive defi-
nition 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 Sen-
ate and preserve the objectives and purposes of the 
Convention.
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 
(B) will not prejudice any prosecution of an in-
dividual 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 commit-
tees’’ 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 Au-
gust 12, 1949 (6 UST 3114); 
(B) the Convention for the Amelioration of 
the Condition of the Wounded, Sick, and Ship-
wrecked Members of Armed Forces at Sea, 
done at Geneva August 12, 1949 (6 UST 
3217); 
(C) the Convention Relative to the Treat-
ment of Prisoners of War, done at Geneva Au-
gust 12, 1949 (6 UST 3316); and 
(D) the Convention Relative to the Protec-
tion 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 DEGRAD-
ING TREATMENT OR PUNISHMENT. 
(a) LIMITATION ON ASSISTANCE WITH RESPECT TO 
OBTAINING INFORMATION FROM INDIVIDUALS.—An offi-
cer or employee of the United States may not provide as-
sistance 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 em-
ployee has reason to believe that torture or cruel, inhu-
man, or degrading treatment or punishment will be uti-
lized 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, informa-
tion, equipment, financial assistance, or any other form 
of assistance. 
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