[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 654 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 654

  To prohibit the expulsion, return, or extradition of persons by the 
United States to countries engaging in torture, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2005

    Mr. Leahy (for himself, Mr. Durbin, Mr. Kennedy, and Mr. Dodd) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To prohibit the expulsion, return, or extradition of persons by the 
United States to countries engaging in torture, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Convention Against Torture 
Implementation Act of 2005''.

SEC. 2. PROHIBITION ON CERTAIN TRANSFERS OF PERSONS.

    (a) Prohibition.--No person in the custody or control of a 
department, agency, or official of the United States Government, or of 
any contractor of any such department or agency, shall be expelled, 
returned, or extradited to another country, whether directly or 
indirectly, if--
            (1) the country is included on the most recent list 
        submitted to Congress by the Secretary of State under section 
        3; or
            (2) there are otherwise substantial grounds for believing 
        that the person would be in danger of being subjected to 
        torture.
    (b) Exceptions.--
            (1) Waivers.--
                    (A) Authority.--The Secretary of State may waive 
                the prohibition in subsection (a)(1) with respect to a 
                country if the Secretary certifies to the appropriate 
                congressional committees that--
                            (i) the acts of torture that were the basis 
                        for including that country on the list have 
                        ended; and
                            (ii) there is in place a mechanism that 
                        assures the Secretary in a verifiable manner 
                        that a person expelled, returned, or extradited 
                        to that country will not be tortured in that 
                        country, including, at a minimum, immediate, 
                        unfettered, and continuing access, from the 
                        point of return, to such person by an 
                        independent humanitarian organization.
                    (B) Reports on waivers.--
                            (i) Reports required.--For each person 
                        expelled, returned, or extradited under a 
                        waiver provided under subparagraph (A), the 
                        head of the appropriate government agency 
                        making such transfer shall submit to the 
                        appropriate congressional committees a report 
                        that includes the name and nationality of the 
                        person transferred, the date of transfer, the 
                        reason for such transfer, and the name of the 
                        receiving country.
                            (ii) Form.--Each report under this 
                        subparagraph shall be submitted, to the extent 
                        practicable, in unclassified form, but may 
                        include a classified annex as necessary to 
                        protect the national security of the United 
                        States.
            (2) Extradition or removal.--The prohibition in subsection 
        (a)(1) may not be construed to apply to the legal extradition 
        of a person under a bilateral or multilateral extradition 
        treaty or to the legal removal of a person under the 
        immigration laws of the United States if, before such 
        extradition or removal, the person has recourse to a United 
        States court of competent jurisdiction to challenge such 
        extradition or removal on the basis that there are substantial 
        grounds for believing that the person would be in danger of 
        being subjected to torture in the receiving country.
    (c) Assurances Insufficient.--Written or verbal assurances made to 
the United States by the government of a country that persons in its 
custody or control will not be tortured are not sufficient for 
believing that a person is not in danger of being subjected to torture 
for purposes of subsections (a)(2) and (b)(2), or for meeting the 
requirement of subsection (b)(1)(A)(ii).

SEC. 3. REPORTS ON COUNTRIES USING TORTURE.

    Not later than 30 days after the effective date of this Act, and 
annually thereafter, the Secretary of State shall submit to the 
appropriate congressional committees a report listing each country 
where torture is known to be used. The list shall be compiled on the 
basis of the information contained in the most recent annual report of 
the Secretary of State submitted to the Speaker of the House of 
Representatives and the Committee on Foreign Relations of the Senate 
under section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151n(d)).

SEC. 4. REGULATIONS.

    (a) Interim Regulations.--Not later than 60 days after the 
effective date of this Act, the heads of the appropriate government 
agencies shall prescribe interim regulations for the purpose of 
carrying out this Act and implementing the obligations of the United 
States under Article 3 of the Convention Against Torture, subject to 
any reservations, understandings, declarations, and provisos contained 
in the Senate resolution advising and consenting to the ratification of 
the Convention Against Torture, and consistent with the provisions of 
this Act.
    (b) Final Regulations.--Not later than 180 days after interim 
regulations are prescribed under subsection (a), and following a period 
of notice and opportunity for public comment, the heads of the 
appropriate government agencies shall prescribe final regulations for 
the purposes described in subsection (a).

SEC. 5. SAVINGS CLAUSE.

    Nothing in this Act shall be construed to eliminate, limit, or 
constrain in any way the obligations of the United States or the rights 
of any individual under the Convention Against Torture or any other 
applicable law.

SEC. 6. REPEAL OF SUPERSEDED AUTHORITY.

    Section 2242 of the Foreign Affairs Reform and Restructuring Act of 
1998 (Public Law 105-277; 8 U.S.C. 1231 note) is repealed. Regulations 
promulgated under such section that are in effect on the date this Act 
becomes effective shall remain in effect until the heads of the 
appropriate government agencies issue interim regulations under section 
4(a).

SEC. 7. DEFINITIONS.

    (a) Defined Terms.--In this Act:
            (1) Appropriate government agencies.--The term 
        ``appropriate government agencies'' means--
                    (A) the intelligence community (as defined in 
                section 3(4) of the National Security Act of 1947 (50 
                U.S.C. 401a(4))); and
                    (B) elements of the Department of State, the 
                Department of Defense, the Department of Homeland 
                Security, the Department of Justice, the United States 
                Secret Service, the United States Marshals Service, and 
                any other Federal law enforcement, national security, 
                intelligence, or homeland security agency that takes or 
                assumes custody or control of persons or transports 
                persons in its custody or control outside the United 
                States, other than those elements listed or designated 
                as elements of the intelligence community under section 
                3(4) of the National Security Act of 1947 (50 U.S.C. 
                401a(4))).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committees on Armed Services, Homeland 
                Security and Government Affairs, Judiciary, Foreign 
                Relations, and the Select Committee on Intelligence of 
                the Senate; and
                    (B) the Committees on Armed Services, Homeland 
                Security, Judiciary, International Relations, and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives.
            (3) Convention against torture.--The term ``Convention 
        Against Torture'' means the United Nations Convention Against 
        Torture and Other Cruel, Inhuman or Degrading Treatment or 
        Punishment, done at New York on December 10, 1984, entered into 
        force on June 26, 1987, signed by the United States on April 
        18, 1988, and ratified by the United States on October 21, 1994 
        (T. Doc. 100-20).
            (4) Expelled person.--A person who is expelled is a person 
        who is involuntarily transferred from the territory of any 
        country, or a port of entry thereto, to the territory of 
        another country, or a port of entry thereto.
            (5) Extradited person.--A person who is extradited is an 
        accused person who, in accordance with chapter 209 of title 18, 
        United States Code, is surrendered or delivered to another 
        country with jurisdiction to try and punish the person.
            (6) Returned person.--A person who is returned is a person 
        who is transferred from the territory of any country, or a port 
        of entry thereto, to the territory of another country of which 
        the person is a national or where the person has previously 
        resided, or a port of entry thereto.
    (b) Same Terms as in the Convention Against Torture.--Except as 
otherwise provided, the terms used in this Act have the meanings given 
those terms in the Convention Against Torture, subject to any 
reservations, understandings, declarations, and provisos contained in 
the Senate resolution advising and consenting to the ratification of 
the Convention Against Torture.

SEC. 8. EFFECTIVE DATE.

    This Act shall take effect on the date that is 30 days after the 
date of the enactment of this Act.

SEC. 9. CLASSIFICATION IN UNITED STATES CODE.

    This Act shall be classified to the United States Code as a new 
chapter of title 50, United States Code.
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