S.Amdt. 633

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.''.
______