II

103D CONGRESS

2D SESSION H. R. 934

IN THE SENATE OF THE UNITED STATES

OCTOBER 7 (legislative day, SEPTEMBER 12), 1994

Received

OCTOBER 8 (legislative day, SEPTEMBER 12), 1994

Read twice and referred to the Committee on the Judiciary

AN ACT

To amend title 28, United States Code, relating to jurisdictional immunities of the Federal Republic of Germany,

to grant jurisdiction to the courts of the United States

in certain cases involving acts of genocide occurring

against United States nationals during World War II

in the predecessor states of the Federal Republic of

Germany, or in any territories or areas occupied, annexed, or otherwise controlled by those states.

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 ACTS

5 OF GENOCIDE IN A FOREIGN STATE.

6 Section 1605(a) of title 38, United States Code, is

7 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 ‘‘(7) not otherwise encompassed in paragraph

7 (2), in which money damages are sought against the

8 Federal Republic of Germany for the personal injury

9 or death of a United States citizen occurring in the

10 predecessor states of the Federal Republic of Ger11 many, or in any territories or areas occupied, an12 nexed or otherwise controlled by those states and

13 caused by an act of genocide committed against that

14 citizen, by such predecessor state or by any official

15 or employee of such predecessor state while acting

16 within the scope of his or her office or employment

17 during World War II except that—

18 ‘‘(A) an action under this paragraph shall

19 not be maintained unless the individual whose

20 injury or death gave rise to the action was a

21 United States citizen at the time the conduct

22 causing such injury or death occurred;

23 ‘‘(B) the court shall decline to hear a claim

24 under this paragraph if the claimant has not

25 exhausted adequate and available remedies in
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1 the place in which the conduct giving rise to the

2 claim occurred; and

3 ‘‘(C) an action under this paragraph shall

4 not be maintained unless the cause of action is

5 brought within 18 months after the date of en6 actment of this paragraph.

7 For purposes of paragraph (7), the term ‘act of genocide’

8 means conduct that would be a violation of section 1091

9 of title 18 if committed in the United States.’’.

10 SEC. 2. EXCEPTION TO IMMUNITY FROM ATTACHMENT.

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

12 United States Code, is amended—

13 (1) by striking the period at the end of para14 graph (6) and inserting in lieu thereof ‘‘, or’’; and

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

16 new paragraph:

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

18 the foreign state is not immune by virtue of section

19 1605(a)(7) of this chapter, regardless of whether the

20 property is or was involved in the act upon which

21 the claim is based.’’.

22 (b) AGENCY OR INSTRUMENTALITY.—Section

23 1610(b)(2) of such title is amended—

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

25 thereof ‘‘(5), or (7)’’; and
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1 (2) by striking ‘‘used for the activity’’ and in2 serting in lieu thereof ‘‘involved in the act’’.

3 SEC. 3. APPLICABILITY.

4 The amendments made by this Act shall apply to any

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

6 enactment of this Act.

Passed the House of Representatives October 7,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.