TORTURE CONVENTION IMPLEMENTATION.

SEC. 506. TORTURE CONVENTION IMPLEMENTATION. (a) In General.— Part I of title 18, United States Code, is amended by inserting after chapter 113A the following new chapter: “CHAPTER 113B—TORTURE “Sec. “2340. Definitions. “2340A Torture. “2340B. Exclusive remedies. “SEC. 2340. DEFINITIONS. “As used in this chapter— “(1) ‘torture’ means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person with custody or physical control; “(2) ‘severe mental pain or suffering’ means the prolonged mental harm caused by or resulting from— “(A) the intentional infliction or threatened infliction of severe physical pain or suffering; “(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality; “(C) the threat of imminent death; or “(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and “(3) United States’ includes all areas under the jurisdiction of the United States including any of the places described in sections 5 and 7 of this title and section 101(38) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301(38)). “SEC. 2340A. TORTURE. “(a) Offense.— Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be imprisoned for any term of years or for life. “(b) Jurisdiction.— There is jurisdiction over the activity prohibited in subsection (a) if— 108 STAT. 464 “(1) the alleged offender is a national of the United States; or “(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender. “SEC. 2340B. EXCLUSIVE REMEDIES. “Nothing in this chapter shall be construed as precluding the application of State or local laws on the same subject, nor shall anything in this chapter be construed as creating any substantive or procedural right enforceable by law by any party in any civil proceeding.”. (b) Technical Amendment.— The part analysis for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 113A the following new item: “ 113B. Torture 2340.”. (c) Effective Date.— The amendments made by this section shall take effect on the later of— (1) the date of enactment of this Act; or (2) the date on which the United States has become a party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.