I 
110TH CONGRESS 
1ST SESSION H. R. 1352 
To prohibit the return or other transfer of persons by the United States, 
for the purpose of detention, interrogation, trial, or otherwise, to coun-
tries where torture or other inhuman treatment of persons occurs, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 6, 2007 
Mr. MARKEY (for himself, Mr. WAXMAN, Mr. CONYERS, Mr. GEORGE MILLER 
of California, Mr. CAPUANO, Mr. VAN HOLLEN, Mr. ALLEN, Mr. 
BLUMENAUER, Mr. DAVIS of Illinois, Mrs. DAVIS of California, Mr. 
GRIJALVA, Mr. HINCHEY, Mr. HOLT, Mr. KUCINICH, Ms. LEE, Mr. 
LEWIS of Georgia, Mrs. MALONEY of New York, Ms. MCCOLLUM of Min-
nesota, Mr. MCGOVERN, Mr. PAYNE, Mr. SERRANO, Mr. PASTOR, Ms. 
SCHAKOWSKY, Mr. TIERNEY, Ms. WOOLSEY, Ms. BALDWIN, Mrs. CAPPS, 
Ms. DELAURO, Mr. FARR, Ms. JACKSON-LEE of Texas, Ms. MATSUI, Mr. 
MCNULTY, Mr. MEEHAN, Mr. MICHAUD, Mr. MORAN of Virginia, Mr. 
NADLER, Mr. OLVER, Mr. PRICE of North Carolina, Mr. ROTHMAN, Mr. 
THOMPSON of California, Mr. UDALL of New Mexico, Ms. WATSON, Mr. 
MCDERMOTT, Mr. RUSH, Mr. HONDA, and Mr. SIRES) introduced the 
following bill; which was referred to the Committee on Foreign Affairs 
A BILL 
To prohibit the return or other transfer of persons by the 
United States, for the purpose of detention, interroga-
tion, trial, or otherwise, to countries where torture or 
other inhuman treatment of persons occurs, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Aug 31 2005 
22:31 Mar 08, 2007
Jkt 059196
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1352.IH
H1352
rwilkins on PROD1PC63 with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Torture Outsourcing 
Prevention Act’’. 
SEC. 2. TRANSFER OF PERSONS. 
(a) REPORTS
TO CONGRESS.—Beginning 30 days 
after the date of the enactment of this Act and every 12 
months thereafter, the Secretary of State shall complete 
and submit to the appropriate congressional committees 
a list of countries where there are substantial grounds for 
believing that torture or cruel, inhuman, or degrading 
treatment is commonly used in the detention or interroga-
tion of individuals. 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)). 
(b) PROHIBITION
ON TRANSFERRING PERSONS.— 
Any person who is imprisoned, detained, or held for trans-
fer to another country by, or is otherwise in the custody 
or control of, a department, agency, or official of the 
United States Government, or any contractor of any such 
department or agency, may not, regardless of the nation-
ality or location of that person, be rendered, returned, or 
otherwise transferred— 
VerDate Aug 31 2005 
22:31 Mar 08, 2007
Jkt 059196
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1352.IH
H1352
rwilkins on PROD1PC63 with BILLS
(1) to a country included on the most recent list 
submitted under subsection (a), for the purpose of 
detention, interrogation, trial, or otherwise; or 
(2) to any other country if there are substantial 
grounds to believe that the person will be transferred 
to a country included in the most recent list sub-
mitted under subsection (a). 
(c) PROCESS.—A person may not, regardless of the 
nationality or location of the person, be rendered, re-
turned, or otherwise transferred by a department, agency, 
or official of the United States Government, or any con-
tractor of any such department or agency, to any country 
not otherwise described in paragraph (1) or (2) of sub-
section (b), unless the person has been given an oppor-
tunity to challenge the rendering, return, or transfer in 
a court in the United States of competent jurisdiction, on 
the grounds that the person would, upon such rendering, 
return, or transfer, be in danger of being subjected to tor-
ture or cruel, inhuman, or degrading treatment. 
(d) WAIVERS.— 
(1) AUTHORITY.—The Secretary of State may 
waive the prohibition contained in subsection (b) 
with respect to the government of a country if the 
Secretary certifies to the appropriate congressional 
committees that— 
VerDate Aug 31 2005 
22:31 Mar 08, 2007
Jkt 059196
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1352.IH
H1352
rwilkins on PROD1PC63 with BILLS
(A) that government has ended the acts of 
torture or cruel, inhuman, or degrading treat-
ment that were the basis for the inclusion of 
that country on the list; and 
(B) there is in place a mechanism that 
assures the United States in a verifiable man-
ner that a person rendered, returned, or other-
wise transferred will not be tortured or sub-
jected to cruel, inhuman, or degrading treat-
ment in that country, including, at a minimum, 
immediate, unfettered, and continuing access, 
from the point of return, to each such person 
by an independent humanitarian organization. 
(2) ASSURANCES
INSUFFICIENT.—Written or 
verbal assurances made to the United States by the 
government of a country that persons rendered, re-
turned, or otherwise transferred to the country will 
not be tortured or subjected to cruel, inhuman, or 
degrading treatment, are not sufficient to meet the 
requirements of paragraph (1)(B). 
(e) TREATY-BASED EXTRADITION EXEMPTION.— 
(1) EXEMPTION.—The prohibition contained in 
subsection (b) shall not be construed to apply to the 
legal extradition of a person under a bilateral or 
multilateral extradition treaty if, prior to such extra-
VerDate Aug 31 2005 
22:31 Mar 08, 2007
Jkt 059196
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1352.IH
H1352
rwilkins on PROD1PC63 with BILLS
dition, that person has recourse to a court in the 
United States of competent jurisdiction to challenge 
the extradition on the basis that there are substan-
tial grounds for believing that the person would be 
in danger of being subjected to torture or cruel, in-
human, or degrading treatment in the country re-
questing such extradition. 
(2) ASSURANCES
INSUFFICIENT.—Written or 
verbal assurances made to the United States by the 
government of a country that persons rendered, re-
turned, or otherwise transferred to the country will 
not be tortured or subjected to cruel, inhuman, or 
degrading treatment, are not a sufficient basis for 
believing that the person would not be in subjected 
to torture or cruel, inhuman, or degrading treatment 
in the country requesting such extradition pursuant 
to paragraph (1). 
SEC. 3. IMPLEMENTATION OF OBLIGATION NOT TO RE-
TURN TO RISK OF TORTURE. 
(a) IN GENERAL.—Section 2242 of the Foreign Af-
fairs Reform and Restructuring Act of 1998 (8 U.S.C. 
1231 note) is amended by striking subsection (b) and in-
serting the following: 
‘‘(b) REGULATIONS.— 
VerDate Aug 31 2005 
22:31 Mar 08, 2007
Jkt 059196
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1352.IH
H1352
rwilkins on PROD1PC63 with BILLS
‘‘(1) ISSUANCE.—Not later than 120 days after 
the date of 
the 
enactment 
of 
the 
Torture 
Outsourcing Prevention Act, the heads of the appro-
priate Government agencies shall prescribe regula-
tions to implement the obligations of the United 
States under Article 3 of the United Nations Con-
vention Against Torture and Other Cruel, Inhuman 
or Degrading Treatment or Punishment, subject to 
any reservations, understandings, declarations and 
provisos contained in the United States Senate reso-
lution of ratification of the Convention. 
‘‘(2) REQUIREMENTS OF REGULATIONS.—Regu-
lations issued by the head of an agency under para-
graph (1) shall set forth— 
‘‘(A) the responsibilities of the agency, its 
employees, and its contractors to comply, both 
within and outside of the United States, with 
the obligations of the United States under Arti-
cle 3 of the Convention Against Torture re-
ferred to in paragraph (1); and 
‘‘(B) the process by which a person may 
raise and adjudicate in an independent judicial 
forum a claim that his or her transfer would be 
in violation of Article 3 of the Convention 
Against Torture referred to in paragraph (1), 
VerDate Aug 31 2005 
22:31 Mar 08, 2007
Jkt 059196
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1352.IH
H1352
rwilkins on PROD1PC63 with BILLS
including the process by which the individual 
being transferred can challenge any diplomatic 
or other assurances received from the govern-
ment to which the individual would be returned 
that the individual will not be subjected to tor-
ture or ill treatment. 
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘appropriate Government agencies’ 
means the intelligence community (as defined in sec-
tion 3(4) of the National Security Act of 1947 (50 
U.S.C. 401a(4))), the Departments of State, De-
fense, Homeland Security, and Justice, the United 
States Secret Service, the United States Marshals 
Service, and any other law enforcement, national se-
curity, intelligence, or homeland security agency that 
imprisons, detains, or transfers prisoners or detain-
ees, or that otherwise takes or assumes custody of 
persons or transfers persons to another country.’’. 
(b) EXISTING REGULATIONS.— 
(1) IN
GENERAL.—The amendment made by 
subsection (a) does not nullify any regulations issued 
by an agency, before the effective date of this Act, 
under section 2242(b) of the Foreign Affairs Reform 
and Restructuring Act of 1998. In such a case, the 
agency shall amend such regulations to comply with 
VerDate Aug 31 2005 
22:31 Mar 08, 2007
Jkt 059196
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1352.IH
H1352
rwilkins on PROD1PC63 with BILLS
the amendment made by subsection (a) of this sec-
tion. 
(2) SPECIAL RULE CONCERNING IMMIGRATION 
LAWS.—Notwithstanding any other provision of this 
Act, or any amendment made by this Act, nothing 
in this Act shall be construed to affect immigration 
laws (as defined in section 101(a)(17) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(17))), or regulations issued pursuant to im-
migration laws, except that the Secretary of Home-
land Security, not later than 120 days after the date 
of the enactment of this Act, shall revise the regula-
tions issued by the Secretary to implement section 
2242 of the Foreign Affairs Reform and Restruc-
turing Act of 1998 (8 U.S.C. 1231 note) so as to 
ensure that written or verbal assurances made by 
the government of a country that a person in immi-
gration proceedings in the United States (including 
asylum proceedings) will not be tortured or sub-
jected to cruel, inhuman, or degrading treatment if 
the person is removed by the United States to the 
country are not, standing alone, a sufficient basis 
for believing that the person would not be tortured 
or subjected to such treatment if the person were re-
moved to the country. 
VerDate Aug 31 2005 
22:31 Mar 08, 2007
Jkt 059196
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1352.IH
H1352
rwilkins on PROD1PC63 with BILLS
SEC. 4. SAVINGS CLAUSE. 
Nothing in this Act or the amendments made by this 
Act shall be construed to eliminate, limit, or constrain in 
any way the rights that an individual has under the Con-
vention Against Torture and Other Cruel, Inhuman or De-
grading Treatment or Punishment, or any other applicable 
law. 
SEC. 5. EFFECTIVE DATE. 
This Act takes effect on the date that is 30 days after 
the date of the enactment of this Act. 
Æ 
VerDate Aug 31 2005 
22:31 Mar 08, 2007
Jkt 059196
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H1352.IH
H1352
rwilkins on PROD1PC63 with BILLS