To prohibit cruel, inhuman, or degrading treatment or punishment of persons under the custody or control of the United States Government.

1. Adds SEC. 1073. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT OF PERSONS UNDER CUSTODY OR CONTROL OF THE UNITED STATES GOVERNMENT at the end of subtitle G of title X

   Adds a section

   In S. 1042 · Placed on Calendar Senate

   Section 21(a) of the Internal Security Act of 1950 (Public Law 81- 831; 64 Stat. 1005) is amended by inserting "or military or civilian director" after "military commander".

   Inserted: SEC. 1073. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT OF PERSONS UNDER CUSTODY OR CONTROL OF THE UNITED STATES GOVERNMENT.

   Inserted: (a) In General.--No individual in the custody or under the physical control of the United States Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment or punishment.

   Inserted: (b) Presidential Waiver.--(1) The President may waive the prohibition in subsection (a), on a case-by-case basis, if the President--

   Inserted: (A) determines that the waiver is required for a military or national security necessity; and

   Inserted: (B) submits the appropriate committees of Congress timely notice of the exercise of the waiver.

   Inserted: (2) The authority of the President under paragraph (1) may not be delegated.

   Inserted: (c) Construction.--Nothing in this section shall not be construed to impose any geographical limitation on the applicability of the prohibition against cruel, inhuman, or degrading treatment or punishment under this section.

   Inserted: (d) Limitation on Supersedure.--The provisions of this section shall not be superseded, except by a provision of law enacted after the date of the enactment of this Act which specifically repeals, modifies, or supersedes the provisions of this section.

   Inserted: (e) Definitions.--In this section:

   Inserted: (1) The term "appropriate committees of Congress" means--

   Inserted: (A) the Committees on Armed Services and Appropriations and the Select Committee on Intelligence of the Senate; and

   Inserted: (B) the Committees on Armed Services and Appropriations and the Permanent Select Committee on Intelligence of the House of Representatives.

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   Inserted: (2) The term "cruel, inhuman, or degrading treatment or punishment" means the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New York, December 10, 1984.

   Original wording

   At the end of subtitle G of title X, add the following:

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As printed