Text: H.R.2092 — 102nd Congress (1991-1992)All Information (Except Text)

Text available as:

Shown Here:
Enrolled Bill

 
 
--H.R.2092--
H.R.2092
One Hundred Second Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday, the third day of January,
one thousand nine hundred and ninety-two
An Act
To carry out obligations of the United States under the United Nations
Charter and other international agreements pertaining to the protection of
human rights by establishing a civil action for recovery of damages from an
individual who engages in torture or extrajudicial killing.
 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 `Torture Victim Protection Act of 1991'.
SEC. 2. ESTABLISHMENT OF CIVIL ACTION.
 (a) LIABILITY- An individual who, under actual or apparent authority,
 or color of law, of any foreign nation--
 (1) subjects an individual to torture shall, in a civil action, be liable
 for damages to that individual; or
 (2) subjects an individual to extrajudicial killing shall, in a civil
 action, be liable for damages to the individual's legal representative,
 or to any person who may be a claimant in an action for wrongful death.
 (b) EXHAUSTION OF REMEDIES- A court shall decline to hear a claim under this
 section if the claimant has not exhausted adequate and available remedies
 in the place in which the conduct giving rise to the claim occurred.
 (c) STATUTE OF LIMITATIONS- No action shall be maintained under this section
 unless it is commenced within 10 years after the cause of action arose.
SEC. 3. DEFINITIONS.
 (a) EXTRAJUDICIAL KILLING- For the purposes of this Act, the term
 `extrajudicial killing' means a deliberated killing not authorized by a
 previous judgment pronounced by a regularly constituted court affording all
 the judicial guarantees which are recognized as indispensable by civilized
 peoples. Such term, however, does not include any such killing that,
 under international law, is lawfully carried out under the authority of a
 foreign nation.
 (b) TORTURE- For the purposes of this Act--
 (1) the term `torture' means any act, directed against an individual in the
 offender's custody or physical control, by which severe pain or suffering
 (other than pain or suffering arising only from or inherent in, or incidental
 to, lawful sanctions), whether physical or mental, is intentionally inflicted
 on that individual for such purposes as obtaining from that individual or
 a third person information or a confession, punishing that individual for
 an act that individual or a third person has committed or is suspected of
 having committed, intimidating or coercing that individual or a third person,
 or for any reason based on discrimination of any kind; and
 (2) mental pain or suffering refers to 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 individual 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.