S 1944 ISCommentsClose CommentsPermalink

To provide justice for victims of state-sponsored terrorism.CommentsClose CommentsPermalink

August 2, 2007

Mr. LAUTENBERG (for himself, Mr. SPECTER, Mr. MENENDEZ, Mr. CORNYN, Mr. COLEMAN, Mr. LOTT, Mr. LIEBERMAN, Mr. SCHUMER, Mrs. CLINTON, Mr. CASEY, Ms. COLLINS, Mr. GRAHAM, Mr. BIDEN, Mr. STEVENS, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To provide justice for victims of state-sponsored terrorism.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Justice for Victims of State Sponsored Terrorism Act'.CommentsClose CommentsPermalink

SEC. 2. TERRORISM EXCEPTION TO IMMUNITY.

(a) In General- Chapter 97 of title 28, United States Code, is amended by inserting after section 1605 the following:CommentsClose CommentsPermalink

`Sec. 1605A. Terrorism exception to the jurisdictional immunity of a foreign state

`(a) In General-CommentsClose CommentsPermalink





`(1) NO IMMUNITY- A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state 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 (as defined in section 2339A of title 18) for such an act if such act or provision of material support is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency.CommentsClose CommentsPermalink





`(2) CLAIM HEARD- The court shall hear a claim under this section if--CommentsClose CommentsPermalink





`(A) the foreign state was 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) at the time the act occurred, unless later designated as a result of such act;CommentsClose CommentsPermalink





`(B) the claimant or the victim was--CommentsClose CommentsPermalink





`(i) 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));CommentsClose CommentsPermalink





`(ii) a member of the Armed Forces of the United States (as that term is defined in section 976 of title 10); orCommentsClose CommentsPermalink





`(iii) otherwise an employee of the government of the United States or one of its contractors acting within the scope of their employment when the act upon which the claim is based occurred; orCommentsClose CommentsPermalink





`(C) where the act occurred in the foreign state against which the claim has been brought, the claimant has afforded the foreign state a reasonable opportunity to arbitrate the claim in accordance with the accepted international rules of arbitration.CommentsClose CommentsPermalink





`(b) Definition- For purposes of this section--CommentsClose CommentsPermalink





`(1) the terms `torture' and `extrajudicial killing' have the meaning given those terms in section 3 of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note);CommentsClose CommentsPermalink





`(2) the term `hostage taking' has the meaning given that term in Article 1 of the International Convention Against the Taking of Hostages; andCommentsClose CommentsPermalink





`(3) the term `aircraft sabotage' has the meaning given that term in Article 1 of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation.CommentsClose CommentsPermalink





`(c) Time Limit- An action may be brought under this section if the action is commenced not later than the latter of--CommentsClose CommentsPermalink





`(1) 10 years after April 24, 1996; orCommentsClose CommentsPermalink





`(2) 10 years from the date on which the cause of action arose.CommentsClose CommentsPermalink





`(d) Private Right of Action- A private cause of action may be brought against a foreign state designated under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 2405(j)), and any official, employee, or agent of said foreign state while acting within the scope of his or her office, employment, or agency which 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)), a member of the Armed Forces of the United States (as that term is defined in section 976 of title 10), or an employee of the government of the United States or one of its contractors acting within the scope of their employment or the legal representative of such a person for personal injury or death caused by acts of that foreign state or its official, employee, or agent for which the courts of the United States may maintain jurisdiction under this section for money damages which may include economic damages, solatium, pain, and suffering, and punitive damages if the acts were among those described in this section. A foreign state shall be vicariously liable for the actions of its officials, employees, or agents.CommentsClose CommentsPermalink





`(e) Additional Damages- After an action has been brought under subsection (d), actions may also be brought for reasonably foreseeable property loss, whether insured or uninsured, third party liability, and life and property insurance policy loss claims.CommentsClose CommentsPermalink





`(f) Special Masters-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Courts of the United States may from time to time appoint special masters to hear damage claims brought under this section.CommentsClose CommentsPermalink





`(2) TRANSFER OF FUNDS- The Attorney General shall transfer, from funds available for the program under sections 1404C of the Victims Crime Act of 1984 (42 U.S.C. 10603c) to the Administrator of the United States District Court in which any case is pending which has been brought pursuant to section 1605(a)(7) such funds as may be required to carry out the Orders of that United States District Court appointing Special Masters in any case under this section. Any amount paid in compensation to any such Special Master shall constitute an item of court costs.CommentsClose CommentsPermalink





`(g) Appeal- In an action brought under this section, appeals from orders not conclusively ending the litigation may only be taken pursuant to section 1292(b) of this title.CommentsClose CommentsPermalink





`(h) Property Disposition-CommentsClose CommentsPermalink





`(1) IN GENERAL- In every action filed in a United States district court in which jurisdiction is alleged under this section, the filing of a notice of pending action pursuant to this section, 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.CommentsClose CommentsPermalink





`(2) NOTICE- A notice of pending action pursuant to this section 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.CommentsClose CommentsPermalink





`(3) ENFORCEABILITY- Liens established by reason of this subsection shall be enforceable as provided in chapter 111 of this title.'.CommentsClose CommentsPermalink





(b) Amendment to Chapter Analysis- The chapter analysis for chapter 97 of title 28, United States Code, is amended by inserting after the item for section 1605 the following:CommentsClose CommentsPermalink





`1605A. Terrorism exception to the jurisdictional immunity of a foreign state.'.CommentsClose CommentsPermalink

SEC. 3. CONFORMING AMENDMENTS.

(a) Property- Section 1610 of title 28, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





`(g) Property in Certain Actions-CommentsClose CommentsPermalink





`(1) IN GENERAL- The property of a foreign state, or agency or instrumentality of a foreign state, against which a judgment is entered under this section, including property that is a separate juridical entity, is subject to execution upon that judgment as provided in this section, regardless of--CommentsClose CommentsPermalink





`(A) the level of economic control over the property by the government of the foreign state;CommentsClose CommentsPermalink





`(B) whether the profits of the property go to that government;CommentsClose CommentsPermalink





`(C) the degree to which officials of that government manage the property or otherwise control its daily affairs;CommentsClose CommentsPermalink





`(D) whether that government is the sole beneficiary in interest of the property; orCommentsClose CommentsPermalink





`(E) whether establishing the property as a separate entity would entitle the foreign state to benefits in United States courts while avoiding its obligations.CommentsClose CommentsPermalink





`(2) UNITED STATES SOVEREIGN IMMUNITY INAPPLICABLE- Any property 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 this section because the property 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.'.CommentsClose CommentsPermalink





(b) 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 civil or criminal'.CommentsClose CommentsPermalink





(c) General Exception- Section 1605 of title 28, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (5)(B), by inserting `or' after the semicolon;CommentsClose CommentsPermalink





(B) in paragraph (6)(D), by striking `; or' and inserting a period; andCommentsClose CommentsPermalink





(C) by striking paragraph (7); andCommentsClose CommentsPermalink





(2) by striking subsections (e) and (f).CommentsClose CommentsPermalink

SEC. 4. APPLICATION TO PENDING CASES.

(a) In General- The amendments made by this Act shall apply to any claim arising under section 1605A or 1605(g) of title 28, United States Code, as added by this Act.CommentsClose CommentsPermalink





(b) Prior Actions- Any judgment or action brought under section 1605(a)(7) of title 28, United States Code, or section 101(c) of Public Law 104-208 after the effective date of such provisions relying on either of these provisions as creating a cause of action, which has been adversely affected on the grounds that either or both of these provisions fail to create a cause of action opposable against the state, and which is still before the courts in any form, including appeal or motion under Federal Rule of Civil Procedure 60(b), shall, on motion made to the Federal District Court where the judgment or action was initially entered, be given effect as if it had originally been filed pursuant to section 1605A(d) of title 28, United States Code. The defenses of res judicata, collateral estoppel and limitation period are waived in any re-filed action described in this paragraph and based on the such claim. Any such motion or re-filing must be made not later than 60 days after enactment of this Act.CommentsClose CommentsPermalink