[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3872 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3872

 To amend title 28, United States Code, to clarify that international 
organizations are not immune from the jurisdiction of the courts of the 
          United States in certain cases related to terrorism.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2024

Mr. Cruz (for himself, Mr. Braun, Mr. Hagerty, Mr. Schmitt, Mr. Rubio, 
  Mr. Scott of Florida, Mr. Daines, and Mr. Barrasso) 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 international 
organizations are not immune from the jurisdiction of the courts of the 
          United States in certain cases related to terrorism.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Limiting Immunity for Assisting 
Backers of Lethal Extremism Act'' or the ``LIABLE Act''.

SEC. 2. TERRORISM EXCEPTION TO THE JURISDICTIONAL IMMUNITY OF AN 
              INTERNATIONAL ORGANIZATION.

    (a) In General.--Part IV of title 28, United States Code, is 
amended by inserting after chapter 97 the following:

``Sec.
``1621. Terrorism exception to the jurisdictional immunity of an 
                            international organization.''.

``CHAPTER 97A--JURISDICTIONAL IMMUNITIES OF INTERNATIONAL ORGANIZATIONS

``Sec. 1621. Terrorism exception to the jurisdictional immunity of an 
              international organization
    ``(a) Definitions.--In this section:
            ``(1) Aircraft sabotage; armed forces; extrajudicial 
        killing; hostage taking; material support or resources; 
        national of the united states.--The terms `aircraft sabotage', 
        `armed forces', `extrajudicial killing', `hostage taking', 
        `material support or resources', and `national of the United 
        States' have the meanings given the terms in section 1605A.
            ``(2) International organization.--The term `international 
        organization' has the meaning given the term in section 1 of 
        the International Organizations Immunities Act (22 U.S.C. 288).
    ``(b) Exception.--
            ``(1) No immunity.--An international organization shall not 
        be immune from the jurisdiction of courts of the United States 
        or of the States in any case not otherwise covered by the 
        International Organizations Immunity Act (22 U.S.C. 288 et 
        seq.) in which money damages are sought against an 
        international organization for personal injury or death that 
        was caused by an act of torture, extrajudicial killing, 
        aircraft sabotage, hostage taking, or the provision of material 
        support or resources for such an act if such act or provision 
        of material support or resources is engaged in by an official, 
        employee, or agent of such international organization while 
        acting within the scope of his or her office, employment, or 
        agency.
            ``(2) Claim heard.--The court shall hear a claim under this 
        section if--
                    ``(A) the international organization conspired 
                with, materially supported, or otherwise aided and 
                abetted an organization designated as a foreign 
                terrorist organization under section 219 of the 
                Immigration and Nationality Act (8 U.S.C. 1189); and
                    ``(B)(i) the claimant or the victim was, at the 
                time the act described in paragraph (1) occurred--
                            ``(I) a national of the United States;
                            ``(II) a member of the armed forces;
                            ``(III) otherwise an employee of the 
                        Government of the United States, or of an 
                        individual performing a contract awarded by the 
                        United States Government, acting within the 
                        scope of the employment of the employee; or
                    ``(ii) the international organization is based in 
                or has a substantial presence in the United States.
    ``(c) Limitations.--An action may be brought or maintained under 
this section if the action is commenced not later than 20 years after 
the date on which the cause of action arose.''.
    (b) Technical and Conforming Amendment.--The table of chapters for 
part IV of title 28, United States Code, is amended by inserting after 
the item relating to chapter 97 the following:

``97A.  Jurisdictional immunities of international              1621''.
                            organizations.
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