[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Pages S3617-S3618]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 633. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle F of title X, insert 
     the following:

     SEC. __. CIVIL ACTIONS AGAINST FOREIGN STATES FOR DEATHS BY 
                   TORTURE.

       (a) In General.--Chapter 97 of title 28, United States 
     Code, is amended by inserting after section 1605B the 
     following:

[[Page S3618]]

  


     ``Sec. 1605C. Torture exception

       ``(a) Definitions.--In this section--
       ``(1) the term `armed forces' has the meaning given that 
     term in section 101 of title 10;
       ``(2) the term `national of the United States' has the 
     meaning given that term in section 101(a)(22) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
       ``(3) the term `torture' has the meaning given that term in 
     section 3 of the Torture Victim Protection Act of 1991 (28 
     U.S.C. 1350 note).
       ``(b) Exception to Immunity.--In addition to any other 
     exception to immunity under this chapter, a foreign state 
     shall not be immune from the jurisdiction of courts of the 
     United States or of the States in any case in which money 
     damages are sought against the foreign state relating to the 
     death of a national of the United States or a member of the 
     armed forces who was in the custody of the foreign state that 
     was caused by an act of torture of the foreign state, or of 
     any official, employee, or agent of that foreign state while 
     acting within the scope of his or her office, employment, or 
     agency.
       ``(c) Retroactive Application.--A civil action relating to 
     a death described in subsection (b) that occurred before the 
     date of enactment of this section may be brought under this 
     section if the civil action is commenced not later than 5 
     years after the date of enactment of this section.
       ``(d) Private Right of Action.--A foreign state and any 
     official, employee, or agent of that foreign state while 
     acting within the scope of his or her office, employment, or 
     agency, shall be liable for a death described in subsection 
     (b) to a legal representative of a national of the United 
     States or a member of the armed forces.''.
       (b) Attachment of Property.--Section 1610(a)(7) of title 
     28, United States Code, is amended by inserting ``, 1605C,'' 
     after ``1605A''.
       (c) Technical and Conforming Amendment.--The table of 
     sections for chapter 97 of title 28, United States Code, is 
     amended by inserting after the item relating to section 1605B 
     the following:

``1605C. Torture exception.''.
                                 ______