H.R.2222 - Antiterrorism Act of 1992102nd Congress (1991-1992)
|Sponsor:||Rep. Feighan, Edward F. [D-OH-19] (Introduced 05/02/1991)|
|Committees:||House - Judiciary|
|Committee Reports:||H.Rept 102-1040|
|Latest Action:||House - 10/06/1992 Placed on the Union Calendar, Calendar No. 577. (All Actions)|
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Text: H.R.2222 — 102nd Congress (1991-1992)All Information (Except Text)
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Reported in House
Union Calendar No. 577 102d CONGRESS 2d Session H. R. 2222 [Report No. 102-1040] A BILL To provide a new civil cause of action in Federal law for international terrorism that provides extraterritorial jurisdiction over terrorist acts abroad against United States nationals. October 6 (legislative day, OCTOBER 5), 1992 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed HR 2222 RH Union Calendar No. 577 102d CONGRESS 2d Session H. R. 2222 [Report No. 102-1040] To provide a new civil cause of action in Federal law for international terrorism that provides extraterritorial jurisdiction over terrorist acts abroad against United States nationals. IN THE HOUSE OF REPRESENTATIVES MAY 2, 1991 Mr. FEIGHAN (for himself, Mr. HYDE, Mr. BRYANT, Mr. BERMAN, Mr. GOSS, Mr. LEHMAN of Florida, Mr. ACKERMAN, Mr. DORNAN of California, Mr. COBLE, Mr. HORTON, Mr. APPLEGATE, Mr. LAFALCE, Mr. HUGHES, Ms. KAPTUR, Mr. LENT, Mr. LIPINSKI, Ms. JOHNSON of Connecticut, Mr. DANNEMEYER, Mr. MCNULTY, Mr. STARK, Mr. HERTEL, Mr. KENNEDY, Mr. SOLOMON, Mr. BEREUTER, Mr. KLUG, Mr. LAGOMARSINO, Mr. HANSEN, Mr. PACKARD, Mr. HERGER, Mr. GLICKMAN, Mr. SMITH of Florida, and Mr. BILBRAY) introduced the following bill; which was referred to the Committee on the Judiciary October 6 (legislative day, OCTOBER 5), 1992 Additional sponsors: Mr. EMERSON, Mrs. COLLINS of Michigan, Mr. TAYLOR of Mississippi, Mr. ECKART, Mr. ABERCROMBIE, Mrs. LOWEY of New York, Mr. WAXMAN, Mr. LANCASTER, Mr. CONDIT, Mr. SANTORUM, Mr. COX of California, Mr. ARMEY, Mr. KOLBE, Mr. RINALDO, Mr. MOORHEAD, and Mr. Sangmeister October 6 (legislative day, OCTOBER 5), 1992 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on May 2, 1991] A BILL To provide a new civil cause of action in Federal law for international terrorism that provides extraterritorial jurisdiction over terrorist acts abroad against United States nationals. 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 `Antiterrorism Act of 1992'. SEC. 2. TERRORISM CIVIL REMEDY. (a) TERRORISM- Chapter 113A of title 18, United States Code, is amended-- (1) in section 2331 by striking subsection (d) and redesignating subsection (e) as subsection (d); (2) by redesignating section 2331 as 2332 and striking the caption for section 2331 and inserting the following: `Sec. 2332. Criminal penalties'; (3) by inserting before section 2332 as redesignated the following: `Sec. 2331. Definitions `As used in this chapter-- `(1) the term `international terrorism' means activities that-- `(A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; `(B) appear to be intended-- `(i) to intimidate or coerce a civilian population; `(ii) to influence the policy of a government by intimidation or coercion; or `(iii) to affect the conduct of a government by assassination or kidnapping; and `(C) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum; `(2) the term `national of the United States' has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act; `(3) the term `person' means any individual or entity capable of holding a legal or beneficial interest in property; and `(4) the term `act of war' means any act occurring in the course of-- `(A) declared war; `(B) armed conflict, whether or not war has been declared, between two or more nations; or `(C) armed conflict between military forces of any origin.'; (4) by adding after section 2332, as redesignated by paragraph (2) of this subsection, the following new sections: `Sec. 2333. Civil remedies `(a) ACTION AND JURISDICTION- Any national of the United States injured in his or her person, property, or business by reason of an act of international terrorism, or his or her estate, survivors, or heirs, may sue therefor in any appropriate district court of the United States and shall recover threefold the damages he or she sustains and the cost of the suit, including attorney's fees. `(b) ESTOPPEL UNDER UNITED STATES LAW- A final judgment or decree rendered in favor of the United States in any criminal proceeding under section 1116, 1201, 1203, or 2332 of this title or section 902(i), (k), (l), (n), or (r) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1472(i), (k), (l), (n), or (r)) shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section. `(c) ESTOPPEL UNDER FOREIGN LAW- A final judgment or decree rendered in favor of any foreign state in any criminal proceeding shall, to the extent that such judgment or decree may be accorded full faith and credit under the law of the United States, estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section. `Sec. 2334. Jurisdiction and venue `(a) GENERAL VENUE- Any civil action under section 2333 of this title against any person may be instituted in the district court of the United States for any district where any plaintiff resides or where any defendant resides or is served, or has an agent. Process in such a civil action may be served in any district where the defendant resides, is found, or has an agent. `(b) SPECIAL MARITIME OR TERRITORIAL JURISDICTION- If the actions giving rise to the claim occurred within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of this title, then any civil action under section 2333 of this title against any person may be instituted in the district court of the United States for any district in which any plaintiff resides or the defendant resides, is served, or has an agent. `(c) SERVICE ON WITNESSES- A witness in a civil action brought under section 2333 of this title may be served in any other district where the defendant resides, is found, or has an agent. `(d) CONVENIENCE OF THE FORUM- The district court shall not dismiss any action brought under section 2333 of this title on the grounds of the inconvenience or inappropriateness of the forum chosen, unless-- `(1) the action may be maintained in a foreign court that has jurisdiction over the subject matter and over all the defendants; `(2) that foreign court is significantly more convenient and appropriate; and `(3) that foreign court offers a remedy which is substantially the same as the one available in the courts of the United States. `Sec. 2335. Limitation of actions `(a) IN GENERAL- Subject to subsection (b), a suit for recovery of damages under section 2333 of this title shall not be maintained unless commenced within 4 years after the date the cause of action accrued. `(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). `Sec. 2336. 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 section 2333 seeks to discover the investigative files of the Department of Justice, the attorney for the Government 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 objections raised by the Government 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. `(c) STAY OF ACTION FOR CIVIL REMEDIES- (1) 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. `Sec. 2337. 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 within his or her official capacity or under color of legal authority. `Sec. 2338. Exclusive Federal jurisdiction `The district courts of the United States shall have exclusive jurisdiction over an action brought under this chapter.'; and (5) by amending the table of sections to read as follows: `Chapter 113A--Terrorism `Sec. `2331. Definitions. `2332. Criminal penalties. `2333. Civil remedies. `2334. Jurisdiction and venue. `2335. Limitation of actions. `2336. Other limitations. `2337. Suits against Government officials. `2338. Exclusive Federal jurisdiction.'. (b) TABLE OF CONTENTS- The table of chapters for part I of title 18, United States Code, is amended by striking: 2331' and inserting: 2331'. (c) EFFECTIVE DATE- This section and the amendments made by this section shall apply to any pending case or any cause of action arising on or after 4 years before the date of enactment of this Act.