[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 865 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 865
To amend title 28, United States Code, to clarify that persons may
bring private rights of actions against foreign states for certain
terrorist acts, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 16, 2005
Mr. Saxton (for himself, Mr. Andrews, Ms. Jackson-Lee of Texas, Mr.
Coble, Ms. Ros-Lehtinen, Mrs. Jo Ann Davis of Virginia, Mr. Engel, Mr.
Weiner, Mr. Langevin, Mr. Etheridge, Mr. Fortuno, and Mr. Hostettler)
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 foreign 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. The removal of a
foreign state from designation as a state sponsor of
terrorism under section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)),
section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371), or other provision of law shall not
terminate a cause of action arising under this
subparagraph during the period of such designation.
``(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. APPOINTMENT OF SPECIAL MASTERS.
(a) Victims of Crime Act.--Section 1404C(a)(3) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended by striking
``December 21, 1988, with respect to which an investigation or'' and
inserting ``October 23, with respect to which an investigation or a
civil or criminal''.
(b) Justice for Marines.--The Attorney General of the United States
shall transfer, from funds available for the program under sections
1404C of the Victims of Crime Act of 1984 (42 U.S.C. 10603c), to the
Administrator of the United States District Court for the District of
Columbia such funds as may be required to carry out the orders of
United States District Judge Royce C. Lamberth appointing Special
Masters in the matter of Person, et al. v. The Islamic Republic of
Iran, Case No. 01CV02094 (RCL).
SEC. 4. LIS PENDENS.
(a) Liens.--In every action filed in a United States district court
in which jurisdiction is alleged under section 1605(a)(7) of title 28,
United States Code, the filing of a notice of pending action pursuant
to section 1605(a)(7) of title 28, United States Code, to which is
attached a copy of the complaint filed in the action, shall have the
effect of establishing a lien of lis pendens upon any real property or
tangible personal property located within that judicial district that
is titled in the name of any defendant, or titled in the name of any
entity controlled by any such defendant, if, in the case of such
controlled entities, such notice contains a statement listing those
controlled entities. A notice of pending action pursuant to section
1605(a)(7) of title 28, United States Code, shall be filed by the clerk
of the district court in the same manner as any pending action and
shall be indexed by listing as defendants all named defendants and all
entities listed as controlled by any defendant.
(b) Enforcement.--Liens established by reason of subsection (a)
shall be enforceable as provided in chapter 111 of title 28, United
States Code.
SEC. 5. 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.
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