Speech #1010081133

Mr. Speaker. this bill is virtually identical to legislation which was passed by the House in the 100th Congress. but was not acted on by the Senate. The Torture Victim Protection Act seeks to remove whatever ambiguities may be argued to exist with regard to whether a noncitizen of the United States may maintain a cause of action in Federal court for damages resulting from torture or extrajudicial killing. and the bill also expands existing law by providing that U.S. citizens have that same right to redress in U.S. courts. Specifically. the legislation states that any individual acting under color of law of any foreign nation shall be liable to the party injured or that partys legal representative for any torture or extrajudicial killing. The bill is crafted to reach those cases where a remedy in U.S. courts is most appropriate. It would allow the adjudication of claims based upon torture or summary executions only when the perpetrator seeks the protection of our shores or otherwise subJects himself to the personal Jurisdiction of a U.S. court. On April 5. this bill was unanimously approved by the Subcommittee on Immigration. Refugees. and International Law of the Committee on the Judiciary. On April 29 it was adopted by the full Committee on the Judiciary. As the chairman of the Judiciary Committee has noted. the Foreign Affairs Committee has waived jurisdiction to expedite consideration of the bill on the floor.