S.Amdt. 4341

1. Adds SEC. 1209. RENDITION at the end of subtitle A of title XII

   Adds a section

   In S. 2766 · Placed on Calendar Senate

   (i) Termination.--The authority in this section shall expire on September 30, 2008.

   Inserted: SEC. 1209. RENDITION.

   Inserted: (a) Prohibition on Rendition to Torture.--No individual in the custody or under the physical control of the United States, regardless of whether the individual is physically present in territory under the jurisdiction of the United States, may be transferred to a country if there are substantial grounds to believe that the individual would be in danger of being subjected to torture in such country.

   Inserted: (b) Reports to Congress.--

   Inserted: (1) In general.--Not later than 180 days after the date of the enactment of this Act, and every 12 months thereafter, the Secretary of State, in consultation with the Secretary of Defense, the Director of National Intelligence, the Attorney General, and the Secretary of Homeland Security, shall submit to the appropriate committees of Congress a report on the United States compliance with Article 3 of the Convention Against Torture.

   Inserted: (2) Contents.--Each report under paragraph (1) shall include the following:

   Inserted: (A) The name of each country to which any person in the custody or under the physical control of the United States has been transferred--

   Inserted: (i) for the first report required by paragraph (1), during the period beginning on September 11, 2001 and ending on the date of such report; and

   Inserted: (ii) for each subsequent report, the 1-year period beginning on the date of the previous report.

   Inserted: (B) The name of each country described in subparagraph (A) from which the United States has obtained oral or written assurances that a person transferred from the custody or physical control of the United States to such country would not be subject to torture--

   Inserted: (i) for the first report required by paragraph (1), during the period beginning on September 11, 2001 and ending on the date of such report; and

   Inserted: (ii) for each subsequent report, the 1-year period beginning on the date of the previous report.

   Inserted: (C) For each country described in subparagraph (B)--

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   Inserted: (i) a certification that the country has complied with its assurances that it would not subject to torture any individual transferred from the custody or physical control of the United States to such country or a statement that such certification cannot be made; and

   Inserted: (ii) a detailed explanation of the basis for each certification under clause (i), including--

   Inserted: (I) a description of the country's assurances to the United States, including whether the assurances are oral or written, and, if the assurances are written, a copy of the assurances;

   Inserted: (II) a description of all efforts to monitor compliance with the assurances, including whether the United States has made periodic visits to all individuals transferred from the custody or physical control of the United States to such country and investigated all credible allegations that such individuals have been subjected to torture, and, if so, the conclusions of the United States regarding the treatment of such individuals;

   Inserted: (III) whether international or local humanitarian or human rights groups have been able to monitor effectively the treatment of individuals transferred from the custody or physical control of the United States to such country, and, if so, the conclusions of such groups regarding the treatment of such individuals; and

   Inserted: (IV) human rights conditions in the country, based on the annual Human Rights Reports published by the Secretary of State, reports from international and local humanitarian and human rights groups, and any other relevant information.

   Inserted: (c) Prohibition on Use of Assurances.--If the Secretary of State does not submit a certification under subsection (b)(2)(C)(i) with respect to a country described in subsection (b)(2)(B), the United States may not use oral or written assurances that a person transferred from the custody or physical control of the United States to such country will not be subject to torture as the basis for concluding that transferring such person to such country does not violate subsection (a).

   Inserted: (d) Savings Clause.--Nothing in this section shall be construed to eliminate, limit, or constrain in any way the rights that an individual has under the Convention Against Torture or any other applicable law.

   Inserted: (e) Definitions.--

   Inserted: (1) In general.--Except as provided in paragraph (2), the terms used in this section 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.

   Inserted: (2) Terms.--In this section--

   Inserted: (A) the term "transferred" means to expel, return, extradite, or otherwise relocate a person from the custody or physical control of the United States to another country;

   Inserted: (B) the term "appropriate committees of Congress" means the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on the Judiciary of the Senate and the Permanent Select Committee on Intelligence, the Committee on International Relations, the Committee on Armed Services, and the Committee on the Judiciary of the House of Representatives; and

   Inserted: (C) the term "Convention Against Torture" means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984.

   Original wording

   At the end of subtitle A of title XII, add the following:

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As printed