Text: H.R.2222 — 102nd Congress (1991-1992)All Information (Except Text)

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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.