Amends the Foreign Sovereign Immunities Act of 1976 (FSIA) to require that a foreign state designated as a state sponsor of terrorism under specified laws, or an official, employee, or agent of such a foreign state, shall be liable to a U.S. national for the national's personal injury or death caused by acts of that state or official, employee, or agent acting within the scope of his or her duties.
Authorizes U.S. courts to exercise jurisdiction over such actions for money damages under a FSIA provision concerning acts of torture, extrajudicial killing, aircraft sabotage, hostage taking, and material support for such acts. Mandates that property interests of foreign states, or agencies or instrumentalities of foreign states, against which judgment is entered pursuant to such provision are subject to attachment execution.
Requires foreign states to be held vicariously liable for the actions of their officials, employees, or agents.
Revives previously dismissed causes of action that would be cognizable under this Act by retroactively tolling the applicable statute of limitations from the date of initial filing to 60 days after enactment of this Act.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4875 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4875
To amend title 28, United States Code, to clarify that persons may
bring private rights of actions against foriegn states for certain
terrorist acts, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2004
Mr. Saxton (for himself, Mr. Andrews, Mr. Ford, Mr. Mica, Mr. McCotter,
and Mr. Engel) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to clarify that persons may
bring private rights of actions against foriegn states for certain
terrorist acts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CLARIFICATION OF PRIVATE RIGHT OF ACTION AGAINST TERRORIST
STATES; DAMAGES.
(a) Right of Action.--Section 1605 of title 28, United States Code,
is amended--
(1) in subsection (f), in the first sentence, by inserting
``or (h)'' after ``subsection (a)(7)''; and
(2) by adding at the end the following:
``(h) Certain Actions Against Foreign States or Officials,
Employees, or Agents of Foreign States.--
``(1) Cause of action.--
``(A) Cause of action.--A foreign state designated
as a state sponsor of terrorism under section 6(j) of
the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)) or section 620A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371), or an official, employee, or
agent of such a foreign state, shall be liable to a
national of the United States (as that term is defined
in section 101(a)(22) of the Immigration and
Nationality Act) or the national's legal representative
for personal injury or death caused by acts of that
foreign state, or by that official, employee, or agent
while acting within the scope of his or her office,
employment, or agency, for which the courts of the
United States may maintain jurisdiction under
subsection (a)(7) for money damages.
``(B) Discovery.--The provisions of subsection (g)
apply to actions brought under subparagraph (A).
``(C) Nationality of claimant.--No action shall be
maintained under subparagraph (A) arising from acts of
a foreign state or an official, employee, or agent of a
foreign state if neither the claimant nor the victim
was a national of the United States (as that term is
defined in section 101(a)(22) of the Immigration and
Nationality Act) when such acts occurred.
``(2) Damages.--In an action brought under paragraph (1)
against a foreign state or an official, employee, or agent of a
foreign state, the foreign state, official, employee, or agent,
as the case may be, may be held liable for money damages in
such action, which may include economic damages, solatium,
damages for pain and suffering, and, notwithstanding section
1606, punitive damages. In all actions brought under paragraph
(1), a foreign state shall be vicariously liable for the
actions of its officials, employees, or agents.
``(3) Appeals.--An appeal in the courts of the United
States in an action brought under paragraph (1) may be made--
``(A) only from a final decision under section 1291
of this title, and then only if filed with the clerk of
the district court within 30 days after the entry of
such final decision; and
``(B) in the case of an appeal from an order
denying the immunity of a foreign state, a political
subdivision thereof, or an agency of instrumentality of
a foreign state, only if filed under section 1292 of
this title.''.
(b) Conforming Amendment.--Section 589 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1997, as
contained in section 101(a) of Division A of Public Law 104-208 (110
Stat. 3009-172; 28 U.S.C. 1605 note), is repealed.
SEC. 2. PROPERTY SUBJECT TO ATTACHMENT EXECUTION.
Section 1610 of title 28, United States Code, is amended by adding
at the end the following:
``(g) Property Interests in Certain Actions.--
``(1) In general.--A property interest of a foreign state,
or agency or instrumentality of a foreign state, against which
a judgment is entered under section 1605(a)(7), including a
property interest that is a separate juridical entity, is
subject to execution upon that judgment as provided in this
section, regardless of--
``(A) the level of economic control over the
property interest by the government of the foreign
state;
``(B) whether the profits of the property interest
go to that government;
``(C) the degree to which officials of that
government manage the property interest or otherwise
have a hand in its daily affairs;
``(D) whether that government is the real
beneficiary of the conduct of the property interest; or
``(E) whether establishing the property interest as
a separate entity would entitle the foreign state to
benefits in United States courts while avoiding its
obligations.
``(2) U.S. sovereign immunity inapplicable.--Any property
interest of a foreign state, or agency or instrumentality of a
foreign state, to which paragraph (1) applies shall not be
immune from execution upon a judgment entered under section
1605(a)(7) because the property interest is regulated by the
United States Government by reason of action taken against that
foreign state under the Trading With the Enemy Act or the
International Emergency Economic Powers Act.''.
SEC. 3. APPLICABILITY.
(a) In General.--The amendments made by this Act apply to any claim
for which a foreign state is not immune under section 1605(a)(7) of
title 28, United States Code, arising before, on, or after the date of
the enactment of this Act.
(b) Prior Causes of Action.--In the case of any action that--
(1) was brought in a timely manner but was dismissed before
the enactment of this Act for failure to state of cause of
action, and
(2) would be cognizable by reason of the amendments made by
this Act,
the 10-year limitation period provided under section 1605(f) of title
28, United States Code, shall be tolled during the period beginning on
the date on which the action was first brought and ending 60 days after
the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
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