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.109th Congress (2005-2006)
|Sponsor:||Rep. Saxton, Jim [R-NJ-3] (Introduced 02/16/2005)|
|Committees:||House - Judiciary|
|Latest Action:||04/04/2005 Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. (All Actions)|
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Text: H.R.865 — 109th Congress (2005-2006)All Bill Information (Except Text)
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Introduced in House (02/16/2005)
[Congressional Bills 109th Congress] [From the U.S. Government Printing 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. <all>