[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 934 Reported in House (RH)]

                                                 Union Calendar No. 384

103d CONGRESS

  2d Session

                               H. R. 934

                          [Report No. 103-702]

_______________________________________________________________________

                                 A BILL

   To amend title 28, United States Code, relating to jurisdictional 
 immunities of foreign states, to grant jurisdiction to the courts of 
 the United States in certain cases involving torture or extrajudicial 
                    killing occurring in that state.

_______________________________________________________________________

                            August 16, 1994

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
                                                 Union Calendar No. 384
103d CONGRESS
  2d Session
                                H. R. 934

                          [Report No. 103-702]

   To amend title 28, United States Code, relating to jurisdictional 
 immunities of foreign states, to grant jurisdiction to the courts of 
 the United States in certain cases involving torture or extrajudicial 
                    killing occurring in that state.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 1993

 Mr. Mazzoli introduced the following bill; which was referred to the 
                       Committee on the Judiciary

                            August 16, 1994

    Additional sponsors: Mr. Schumer and Mr. Price of North Carolina

                            August 16, 1994

Reported with amendments, 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 
                           February 17, 1993]

_______________________________________________________________________

                                 A BILL


 
   To amend title 28, United States Code, relating to jurisdictional 
 immunities of foreign states, to grant jurisdiction to the courts of 
 the United States in certain cases involving torture or extrajudicial 
                    killing occurring in that state.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY FOR CERTAIN CASES 
              INVOLVING TORTURE, EXTRAJUDICIAL KILLING, OR GENOCIDE IN 
              A FOREIGN STATE.

    Section 1605(a) of title 28, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and 
        inserting in lieu thereof ``; or''; and
            (3) by adding at the end thereof the following:
            ``(7) not otherwise encompassed in paragraph (2), in which 
        money damages are sought against a foreign state for the 
        personal injury or death of a United States citizen occurring 
        in such foreign state and caused by the torture or 
        extrajudicial killing of that citizen, or by an act of genocide 
        committed against that citizen, by such foreign state or by any 
        official or employee of such foreign state while acting within 
        the scope of his or her office or employment, except that--
                    ``(A) an action under this paragraph shall not be 
                maintained unless the individual whose injury or death 
                gave rise to the action was a United States citizen at 
                the time the conduct causing such injury or death 
                occurred;
                    ``(B) the court shall decline to hear a claim under 
                this paragraph if the claimant has not exhausted 
                adequate and available remedies in the place in which 
                the conduct giving rise to the claim occurred; and
                    ``(C) an action under this paragraph shall not be 
                maintained unless--
                            ``(i) the action is commenced within 10 
                        years after the cause of action accrues; or
                            ``(ii) the cause of action is based on an 
                        act of genocide occurring more than 10 years 
                        before the date of the enactment of this 
                        paragraph and the action is brought within 18 
                        months after such date of enactment.
For purposes of paragraph (7), the terms `torture' and `extrajudicial 
killing' have the meanings given those terms in section 3 of the 
Torture Victim Protection Act of 1991, and the term `act of genocide' 
means conduct that would be a violation of section 1091 of title 18 if 
committed in the United States.''.

SEC. 2. EXCEPTION TO IMMUNITY FROM ATTACHMENT.

    (a) Foreign State.--Section 1610(a) of title 28, United States 
Code, is amended--
            (1) by striking the period at the end of paragraph (6) and 
        inserting in lieu thereof ``, or''; and
            (2) by adding at the end thereof the following new 
        paragraph:
            ``(7) the judgment relates to a claim for which the foreign 
        state is not immune by virtue of section 1605(a)(7) of this 
        chapter, regardless of whether the property is or was involved 
        in the act upon which the claim is based.''.
    (b) Agency or Instrumentality.--Section 1610(b)(2) of such title is 
amended--
            (1) by striking ``or (5)'' and inserting in lieu thereof 
        ``(5), or (7)''; and
            (2) by striking ``used for the activity'' and inserting in 
        lieu thereof ``involved in the act''.

SEC. 3. APPLICABILITY.

    The amendments made by this Act shall apply to any cause of action 
arising before, on, or after the date of the enactment of this Act.
            Amend the title so as to read: ``A bill to amend title 28, 
        United States Code, relating to jurisdictional immunities of 
        foreign states, to grant jurisdiction to the courts of the 
        United States in certain cases involving torture, extrajudicial 
        killing, or genocide occurring in that state.''.