[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          FOREIGN SOVEREIGN IMMUNITIES AMENDMENTS ACT OF 1994

  Mr. BROOKS. Mr. Speaker, I ask unanimous consent for the immediate 
consideration of the bill (H.R. 934) 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.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  Mr. FISH. Mr. Speaker, reserving the right to object, these are 
amendments to the Foreign Sovereignty Immunities Act.
  I would like to ask the chairman of the full committee if this is not 
a true statement. If the amendment, as I understand it, to H.R. 934 
would allow suits for damages in Federal court for personal injury or 
death which occurred during the Holocaust in World War II. The 
legislation has been very narrowly drafted to cover only that fact 
situation.
  Is that the gentleman's understanding of the amendment before us?
  Mr. BROOKS. Mr. Speaker, if the gentleman will yield, the gentleman 
is correct.
  Mr. Speaker, this legislation represents a narrow yet reasonable 
response to what appears to be a gap in the law. It provides access to 
Federal court for U.S. citizens who were victims of the Nazi Holocaust. 
While I had hoped the House could address this issue in a broader 
fashion, this bill will provide a measure of justice to at least some 
of those who suffered reprehensible treatment at the hands of a foreign 
power.
  Mr. FISH. Mr. Speaker, further reserving the right to object, it is 
my understanding that the only foreign power involved in here is the 
Federal Republic of Germany.
  Mr. BROOKS. I believe that is correct.
  Mr. FISH. Mr. Speaker, the minority withdraws its prior objections 
because of this compromise, but further reserving the right to object, 
I yield to the gentleman from New York [Mr. Gilman].
  Mr. GILMAN. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I want to commend the distinguished chairman of the 
committee and ranking member for bringing this measure to the floor to 
correct an injustice.
  Mr. FISH. Mr. Speaker, further reserving the right to object, I yield 
to the gentleman from New York [Mr. Schumer].
  Mr. SCHUMER. Mr. Speaker, I thank the chairman and the ranking 
minority member. This is a severe injustice, it is narrow in scope, and 
we are all showing a great deal of compassion and foresight by moving 
this legislation.
  Mr. FISH. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  The Clerk read the bill as follows:

                                H.R. 934

       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 OR 
                   EXTRAJUDICIAL KILLING 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 new 
     paragraph:
       ``(7) not otherwise encompassed in paragraph (2), in which 
     money damages are sought against a foreign state for 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 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) 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
       ``(B) an action under this paragraph shall not be 
     maintained unless it is commenced within 10 years after the 
     cause of action accrues.

     For purposes of paragraph (7), the term `torture' and 
     `extrajudicial killing' have the meanings given those terms 
     in section 3 of the Torture Victim Protection Act of 1991.''.

     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.


     amendment in the nature of a substitute offered by mr. brooks

  Mr. BROOKS. Mr. Speaker, I offer an amendment in the nature of a 
substitute.
  The Clerk read as follows:

       Amendment in the nature of a substitute offered by Mr. 
     BROOKS: Strike all after the enacting clause, and insert the 
     following:

     SECTION 1. EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY FOR 
                   CERTAIN CASES INVOLVING ACTS OF 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 the Federal Republic of 
     Germany for the personal injury or death of a United States 
     citizen occurring in the predecessor states of the Federal 
     Republic of Germany, or in any territories or areas occupied, 
     annexed or otherwise controlled by those states and caused by 
     an act of genocide committed against that citizen, by such 
     predecessor state or by any official or employee of such 
     predecessor state while acting within the scope of his or her 
     office or employment during World War Two 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 places in which the conduct giving 
     rise to the claim occurred; and
       ``(C) Statute of limitations.--An action under this 
     paragraph shall not be maintained unless the cause of action 
     is brought within 18 months after the date of enactment of 
     this paragraph.

     For purposes of paragraph (7), 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.
  Mr. BROOKS (during the reading). Mr. Speaker, I ask unanimous consent 
that the amendment in the nature of a substitute be considered as read 
and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  The SPEAKER pro tempore. The question is on the amendment in the 
nature of a substitute offered by the gentleman from Texas [Mr. 
Brooks].
  The amendment in the nature of a substitute was agreed to.
  The bill was ordered to be read a third time, was read the third 
time, and passed.
  The title of the bill was amended so as to read:


                 title amendment offered by mr. brooks

  Mr. BROOKS. Mr. Speaker, I offer an amendment to the title.
  The Clerk read as follows:

       Amendment to the title offered by Mr. Brooks: ``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.''.

  The title amendment was agreed to.
  A motion to reconsider was laid on the table.

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