[Congressional Bills 109th Congress]
[From the U.S. Government Publishing 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.
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