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103D CONGRESS

1ST SESSION 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.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 17, 1993

Mr. MAZZOLI introduced the following bill; which was referred to the

Committee on the Judiciary

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 or extrajudicial killing occurring in that state.

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

3 SECTION 1. EXCEPTION TO FOREIGN SOVEREIGN IMMU4 NITY FOR CERTAIN CASES INVOLVING TOR5 TURE OR EXTRAJUDICIAL KILLING IN A FOR6 EIGN STATE.

7 Section 1605(a) of title 28, United States Code, is

8 amended—
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1 (1) by striking ‘‘or’’ at the end of paragraph

2 (5);

3 (2) by striking the period at the end of para4 graph (6) and inserting in lieu thereof ‘‘; or’’; and

5 (3) by adding at the end thereof the following

6 new paragraph:

7 ‘‘(7) not otherwise encompassed in paragraph

8 (2), in which money damages are sought against a

9 foreign state for personal injury or death of a Unit10 ed States citizen occurring in such foreign state and

11 caused by the torture or extrajudicial killing of that

12 citizen by such foreign state or by any official or em13 ployee of such foreign state while acting within the

14 scope of his or her office or employment, except

15 that—

16 ‘‘(A) the court shall decline to hear a claim

17 under this paragraph if the claimant has not

18 exhausted adequate and available remedies in

19 the place in which the conduct giving rise to the

20 claim occurred; and

21 ‘‘(B) an action under this paragraph shall

22 not be maintained unless it is commenced with23 in 10 years after the cause of action accrues.

24 For purposes of paragraph (7), the terms ‘torture’ and

25 ‘extrajudicial killing’ have the meanings given those terms
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1 in section 3 of the Torture Victim Protection Act of

2 1991.’’.

3 SEC. 2. EXCEPTION TO IMMUNITY FROM ATTACHMENT.

4 (a) FOREIGN STATE.—Section 1610(a) of title 28,

5 United States Code, is amended—

6 (1) by striking the period at the end of para7 graph (6) and inserting in lieu thereof ‘‘, or’’; and

8 (2) by adding at the end thereof the following

9 new paragraph:

10 ‘‘(7) the judgment relates to a claim for which

11 the foreign state is not immune by virtue of section

12 1605(a)(7) of this chapter, regardless of whether the

13 property is or was involved in the act upon which

14 the claim is based.’’.

15 (b) AGENCY OR INSTRUMENTALITY.—Section

16 1610(b)(2) of such title is amended—

17 (1) by striking ‘‘or (5)’’ and inserting in lieu

18 thereof ‘‘(5), or (7)’’; and

19 (2) by striking ‘‘used for the activity’’ and in20 serting in lieu thereof ‘‘involved in the act’’.

21 SEC. 3. APPLICABILITY.

22 The amendments made by this Act shall apply to any

23 cause of action arising before, on, or after the date of the

24 enactment of this Act.

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