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.
Provides that the removal of a foreign state from designation as a state sponsor of terrorism shall not terminate such a cause of action arising during the period of designation.
Authorizes U.S. courts to exercise jurisdiction over such actions for money damages under an 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.
Amends the Victims of Crime Act of 1984 (VCA) to modify the definition of "victim" for purposes of compensation under that Act. Requires the transfer of VCA funds to carry out an order appointing Special Masters in the matter of Peterson, et al. v. The Islamic Republic of Iran.
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 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1257 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1257
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 SENATE OF THE UNITED STATES
June 16, 2005
Mr. Specter (for himself and Mr. Lautenberg) introduced the following
bill; which was read twice and 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 (8 U.S.C. 1101(a)(22)) or the
national's legal representative for personal injury or
death caused by an act 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 an act
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 (8 U.S.C. 1101(a)(22))
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, damages for
pain and suffering, or, 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 subsection (a)(7) or (h) of section
1605, 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
control 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) United states 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 subsection (a)(7) or (h) of section 1605 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, 1983, with respect to which an investigation or
a civil or criminal''.
(b) Justice for Marines.--The Attorney General 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 Peterson,
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 subsection (a)(7) or (h) of
section 1605 of title 28, United States Code, the filing of a notice of
pending action pursuant to such subsection, 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 such notice contains a statement
listing those controlled entities. A notice of pending action pursuant
to subsection (a)(7) or (h) of section 1605 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 subsection (a)(7) or (h)
of section 1605 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 Senate
Sponsor introductory remarks on measure. (CR S6746-6747)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S6747)
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line