[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 825 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 825

 To amend title 28 of the United States Code to permit a foreign state 
  to be subject to the jurisdiction of Federal or State courts in any 
           case involving an act of international terrorism.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 27 (legislative day, April 19), 1993

  Mr. Specter introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 28 of the United States Code to permit a foreign state 
  to be subject to the jurisdiction of Federal or State courts in any 
           case involving an act of international terrorism.

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

SECTION 1. INAPPLICABILITY OF FOREIGN SOVEREIGN IMMUNITY IN CASES 
              INVOLVING ACTS OF INTERNATIONAL TERRORISM.

    (a) Definition.--Section 1603 of title 28, United States Code, is 
amended by adding at the end the following:
            ``(f) The term `act of international terrorism' means an 
        act--
                    ``(1) which is violent or dangerous to human life 
                and that is 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 any State; and
                    ``(2) which appears to be intended--
                            ``(A) to intimidate or coerce a civilian 
                        population;
                            ``(B) to influence the policy of a 
                        government by intimidation or coercion; or
                            ``(C) to affect the conduct of a government 
                        by assassination or kidnapping.
            ``(g) The term `permanent resident alien' means an alien 
        who has been lawfully admitted to the United States for 
        permanent residence.''.
    (b) Additional Exception to Foreign State Immunity.--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 ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(7) in which the action is based upon an act of 
        international terrorism--
                    ``(A) within the United States, or
                    ``(B) outside the United States if money damages 
                are sought against a foreign state for personal injury 
                or death to a United States citizen or permanent 
                resident alien,
        which act occurred not more than 6 years previously and which 
        was committed or aided or abetted by a foreign state that was 
        designated by the Secretary of State as a state repeatedly 
        providing support for acts of international terrorism under 
        section 40(d) of the Arms Export Control Act.''.
    (c) Property Subject to Execution Upon a Judgment.--Section 1610(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 ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(7) the execution relates to a judgment entered in a case 
        based upon an act of international terrorism--
                    ``(A) within the United States, or
                    ``(B) outside the United States if money damages 
                are sought against a foreign state for personal injury 
                or death to a United States citizen or permanent 
                resident alien,
        which act occurred not more than 6 years previously and which 
        was committed or aided or abetted by a foreign state that was 
        designated by the Secretary of State as a state repeatedly 
        providing support for acts of international terrorism under 
        section 40(d) of the Arms Export Control Act.''.
    (d) Attachment of Property Prior to Entry of Judgment.--Section 
1610(d) of title 28, United States Code, is amended--
            (1) by redesignating paragraph (1) as paragraph (1)(A);
            (2) by striking ``and'' at the end of paragraph (1)(A) and 
        inserting ``or''; and
            (3) by inserting after paragraph (1)(A) the following:
            ``(B) the foreign state is not immune from jurisdiction by 
        virtue of the operation of section 1605(7); and''.

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