II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Limiting Immunity 

5 for Assisting Backers of Lethal Extremism Act’’ or the 

6 ‘‘LIABLE Act’’. 


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•S 3872 IS

1 SEC. 2. TERRORISM EXCEPTION TO THE JURISDICTIONAL 

2 IMMUNITY OF AN INTERNATIONAL ORGANI3 ZATION. 

4 (a) IN GENERAL.—Part IV of title 28, United States 

5 Code, is amended by inserting after chapter 97 the fol6 lowing: 

‘‘Sec. 

‘‘1621. Terrorism exception to the jurisdictional immunity of an international 

organization.’’. 

7 ‘‘CHAPTER 97A—JURISDICTIONAL IMMU8 NITIES OF INTERNATIONAL ORGANI9 ZATIONS 

10 ‘‘§ 1621. Terrorism exception to the jurisdictional im11 munity of an international organization 

12 ‘‘(a) DEFINITIONS.—In this section: 

13 ‘‘(1) AIRCRAFT SABOTAGE; ARMED FORCES; 

14 EXTRAJUDICIAL KILLING; HOSTAGE TAKING; MATE15 RIAL SUPPORT OR RESOURCES; NATIONAL OF THE

16 UNITED STATES.—The terms ‘aircraft sabotage’, 

17 ‘armed forces’, ‘extrajudicial killing’, ‘hostage tak18 ing’, ‘material support or resources’, and ‘national of 

19 the United States’ have the meanings given the 

20 terms in section 1605A. 

21 ‘‘(2) INTERNATIONAL ORGANIZATION.—The 

22 term ‘international organization’ has the meaning 

23 given the term in section 1 of the International Or24 ganizations Immunities Act (22 U.S.C. 288). 


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•S 3872 IS

1 ‘‘(b) EXCEPTION.— 

2 ‘‘(1) NO IMMUNITY.—An international organi3 zation shall not be immune from the jurisdiction of 

4 courts of the United States or of the States in any 

5 case not otherwise covered by the International Or6 ganizations Immunity Act (22 U.S.C. 288 et seq.) in 

7 which money damages are sought against an inter8 national organization for personal injury or death 

9 that was caused by an act of torture, extrajudicial 

10 killing, aircraft sabotage, hostage taking, or the pro11 vision of material support or resources for such an 

12 act if such act or provision of material support or 

13 resources is engaged in by an official, employee, or 

14 agent of such international organization while acting 

15 within the scope of his or her office, employment, or 

16 agency. 

17 ‘‘(2) CLAIM HEARD.—The court shall hear a 

18 claim under this section if— 

19 ‘‘(A) the international organization con20 spired with, materially supported, or otherwise 

21 aided and abetted an organization designated as 

22 a foreign terrorist organization under section 

23 219 of the Immigration and Nationality Act (8 

24 U.S.C. 1189); and 


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•S 3872 IS

1 ‘‘(B)(i) the claimant or the victim was, at 

2 the time the act described in paragraph (1) oc3 curred— 

4 ‘‘(I) a national of the United States; 

5 ‘‘(II) a member of the armed forces; 

6 ‘‘(III) otherwise an employee of the 

7 Government of the United States, or of an 

8 individual performing a contract awarded 

9 by the United States Government, acting 

10 within the scope of the employment of the 

11 employee; or 

12 ‘‘(ii) the international organization is based 

13 in or has a substantial presence in the United 

14 States. 

15 ‘‘(c) LIMITATIONS.—An action may be brought or 

16 maintained under this section if the action is commenced 

17 not later than 20 years after the date on which the cause 

18 of action arose.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

20 The table of chapters for part IV of title 28, United States 

21 Code, is amended by inserting after the item relating to 

22 chapter 97 the following: 

‘‘97A. Jurisdictional immunities of international organizations ........................................................................ 1621’’. 

Æ 


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