[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>