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(b) CALCULATION OF PERIOD.-The time of the absence of the defendant from the United States or from any jurisdiction in which the same or a similar action arising from the same facts may be maintained by the plaintiff, or of any concealment of the defendant's whereabouts, shall not be included in the 4-year period set forth in subsection (a). 82336.2 Other limitations

(a) ACTS OF WAR-No action shall be maintained under section 2333 of this title for injury or loss by reason of an act of war.

(b) LIMITATION ON DISCOVERY.-If a party to an action under sertion 2333 seeks to discover the investigative files of the Department of Justice, the Assistant Attorney General, Deputy Attorney General, or Attorney General may object on the ground that compliance will interfere with a criminal investigation or prosecution of the incident, or a national security operation related to the incident, which is the subject of the civil litigation. The court shall evaluate any such objections in camera and shall stay the discovery if the court finds that granting the discovery request will substantially interfere with a criminal investigation or prosecution of the incident or a national security operation related to the incident. The court shall consider the likelihood of criminal prosecution by the Government and other factors it deems to be appropriate. A stay of discovery under this subsection shall constitute a bar to the granting of a motion to dismiss under rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. If the court grants a stay of discovery under this subsection, it may stay the action in the interests of justice.

(c) STAY OF ACTION FOR CIVIL REMEDIES.41) The Attorney General may intervene in any civil action brought under section 2333 for the purpose of seeking a stay of the civil action. A stay shall be granted if the court finds that the continuation of the civil action will substantially interfere with a criminal prosecution which involves the same subject matter and in which an indictment has been returned, or interfere with national security operations related to the terrorist incident that is the subject of the civil action. A stay may be granted for up to 6 months. The Attorney General may petition the court for an extension of the stay for additional 6-month periods until the criminal prosecution is completed or dismissed.

(2) In a proceeding under this subsection, the Attorney General may request that any order issued by the court for release to the parties and the public omit any reference to the basis on which the stay was sought. 82337.Suits against Government officials

No action shall be maintained under section 2333 of this title against

(1) the United States, an agency of the United States, or an officer or employee of the United States or any agency thereof acting within his or her official capacity or under color of legal authority; or

(2) a foreign state, an agency of a foreign state, or an officer or employee of a foreign state or an agency thereof acting with

in his or her official capacity or under color of legal authority. 8 2338.2 Exclusive Federal jurisdiction

The district courts of the United States shall have exclusive jurisdiction over an action brought under this chapter. 82339A.9 Providing material support to terrorists

(a) DEFINITION.- In this section, material support or resources” means currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, but does not include humanitarian assistance to persons not directly involved in such violations.

(b) OFFENSE.-A person who, within the United States, provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, a violation of section 32, 36,10 351, 844(f) or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2331, 10 or 2339 16 of this title or section 46502 of title 49, or in preparation for or carrying out the concealment of 11 an escape from the commission of any such violation, shall be fined under this title, imprisoned not more than 10 years, or both. (c) INVESTIGATIONS.—

(1) IN GENERAL.-Within the United States, an investigation may be initiated or continued under this section only when facts reasonably indicate that,

(A) in the case of an individual, the individual knowingly or intentionally engages, has engaged, or is about to engage in the violation of this or any other Federal criminal law; and

(B) in the case of a group of individuals, the group knowingly or intentionally engages, has engaged, or is about to engage in the violation of this or any other Federal crimi

nal law. (2) ACTIVITIES PROTECTED BY THE FIRST AMENDMENT.-An investigation may not be initiated or continued under this section based on activities protected by the First Amendment to the Constitution, including expressions of support or the provision of financial support for the nonviolent political, religious, philosophical, or ideological goals or beliefs of any person or group.

CHAPTER 113B-TORTURE 12

facts reas in the ally, eneo

Sec.
2340. Definitions.

•No sec. 2339 is enacted. Sec. 2339A was added by sec. 12005(a) of Public Law 103_322 (108
Stat. 2022).

10 References to sections 36, 2331, and 2339 probably should be to sections 37, 2332, and 2332a, respectively pabably should read "or".

11 So in original. Probably should

2340A. Torture.
2340B. Exclusive remedies.
82340. Definitions
As used in this chapter-

(1) "torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his 13 custody or physical control;

(2) "severe mental pain or suffering" means the 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 person 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, and (3) "United States” includes all areas under the jurisdiction of the United States including any of the places described in

sections 5 and 7 of this title and section 40102(a) of title 49.14 82340A. Torture

(a) OFFENSE.—Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or 15 imprisoned for any term of years or for life.

(b) JURISDICTION.—There is jurisdiction over the activity prohibited in subsection (a) if

(1) the alleged offender is a national of the United States; or

(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.

than sure she side th

12 Chapter 113B was added by sec. 506(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Stat. 463). Should probably read "Chapter 113C", given the redesignation of chapter 113A to chapter 113B, and the addition of a new chap ter 113Ă.

Sec. 506(c) of Public Law 103–236 (108 Stat. 464) further provided:

(c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the later of

(1) the date of enactment of this Act; or "(2) the date on which the United States has become a party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment." (not yet entered into force for the United States). 10 Sec. 1(k) of Public Law 103-415 (108 Slat. 4301) struck out "with" and inserted in lieu thereof "within his".

14 Sec. 1(2) of Public Law 103-429 (108 Stat. 4377) struck out “section 101(38) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301(38))", and inserted in lieu thereof "section 40102(a) of title 49".

16 Sec. 60020 of Public law 103-322 (108 Stat. 1979) inserted “punished by death or before imprisoned for any term”.

$ 2340B. Exclusive remedies

Nothing in this chapter shall be construed as precluding the application of State or local laws on the same subject, nor shall any. thing in this chapter be construed as creating any substantive or procedural right enforceable by law by any party in any civil proceeding.

b. Torture Victim Protection Act of 1991 Public Law 102–256 (H.R. 2092), 106 Stat. 73, approved March 12, 1992 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. 2.1 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 ac

tion 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. 3.1 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 com

128 U.S.C. 1350 note.

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