Torture Victim Protection Act of 1991
PL 102-256 (H.R.2092), enacted 03/12/1992

PUBLIC LAW 102-256—MAR. 12, 1992 
106 STAT. 73 
Public Law 102-256 
102d Congress 
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 
Mar. 12, 1992 
by establishing a civil action for recovery of damages from an individual who 
[H.R. 2092] 
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. 
Torture Victim 
Protection Act 
SECTION 1. SHORT TITLE. 
of 1991. 
This Act may be cited as the "Torture Victim Protection Act note 
of 1991". 
SEC. 2. ESTABLISHMENT OF CIVIL ACTION. 
28 USC 1350 
(a) LIABILITY.—An individual who, under actual or appcurent 
authority, or color of law, of any foreign nation— 
(1) subjects £in individual to torture shall, in a civil action, 
be liable for dsimages 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. 
0)) EXHAUSTION OF REMEDIES.—A court shall decline to hear 
a claim under this section if the claimant has not exhausted ade-
quate 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. 
28 USC 1350 
(a) EXTRAJUDICIAL KILLING.—For the purposes of this Act, the '^°**" 
term "extrajudicial killing" means a deliberated killing not author-
ized 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 law-
fully carried out under the authority of a foreign nation. 
db) 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 
106 STAT. 74 
PUBLIC LAW 102-256—MAR. 12, 1992 
(2) mental pain or suffering refers to prolonged mental harm 
caused by or resxilting 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 inmiinent 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 sub-
stances or other procedures calculated to disrupt profoimdly 
the senses or personality. 
Approved March 12, 1992. 
LEGISLATIVE HISTORY—H.R. 2092 (S. 313): 
HOUSE REPORTS: No. 102-367, Pt. 1 (Coram, on the Judiciary). 
SENATE REPORTS: No. 102-249 accompanying S. 313 (Ctomm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 137 (1991): Nov. 25, considered and p£issed House. 
Vol. 138 (1992): Mar. 3, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Mar. 12, Presidential statement.