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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 934 Referred in Senate (RFS)]

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.

    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 ACTS OF GENOCIDE IN A FOREIGN STATE.

    Section 1605(a) of title 38, 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 II 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 place in which 
                the conduct giving rise to the claim occurred; and
                    ``(C) 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.

            Passed the House of Representatives October 7, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
```