II

105TH CONGRESS

1ST SESSION S. 1302

To permit certain claims against foreign states to be heard in United States

courts where the foreign state is a state sponsor of international terrorism or where no extradition treaty with the state existed at the time

the claim arose and where no other adequate and available remedies

exist.

IN THE SENATE OF THE UNITED STATES

OCTOBER 21, 1997

Mr. FAIRCLOTH (for himself and Mr. MOYNIHAN) introduced the following

bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To permit certain claims against foreign states to be heard

in United States courts where the foreign state is a

state sponsor of international terrorism or where no extradition treaty with the state existed at the time the

claim arose and where no other adequate and available

remedies exist.

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 ‘‘Foreign Sovereign Im5 munity Technical Corrections Act of 1997’’.
2

S 1302 IS

1 SEC. 2. TECHNICAL CORRECTIONS WITH RESPECT TO A

2 LIMITATION ON FOREIGN SOVEREIGN IMMU3 NITY.

4 (a) IN GENERAL.—Section 1605(a)(7) of title 28,

5 United States Code, is amended to read as follows:

6 ‘‘(7) in which money damages are sought

7 against a foreign state for personal injury or death

8 caused by an act of torture, extrajudicial killing, air9 craft sabotage, hostage taking, or the provision of

10 material support or resources (as defined in section

11 2339A of title 18) for such as act, if—

12 ‘‘(A) such act or provision of material sup13 port for such act is engaged in by an official,

14 employee, or agent of such foreign state while

15 acting within the scope of his or her office, em16 ployment, or agency;

17 ‘‘(B) the foreign state against whom the

18 claim was brought—

19 ‘‘(i) was designated as a state sponsor

20 of terrorism under section 6(j) of the Ex21 port Administration Act of 1979 (50

22 U.S.C. App. 2405(j)) or section 620A of

23 the Foreign Assistance Act of 1961 (22

24 U.S.C. 2371) at the time the act occurred

25 or later so designated as a result of such

26 act; or
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S 1302 IS

1 ‘‘(ii) had no treaty of extradition with

2 the United States at the time the act oc3 curred and no adequate and available rem4 edies conforming with fundamental fair5 ness and due process exist in such state;

6 ‘‘(C) the claimant or victim was a national

7 of the United States (as that term is defined in

8 section 101(a)(22) of the Immigration and Na9 tionality Act) when the act upon which the

10 claim is based occurred except that, in the case

11 brought under subparagraph (B)(ii), the victim

12 shall be a national of the United States (as de13 fined in such section 101(a)(22) when the act

14 upon which the claim is based occurred; and

15 ‘‘(D) in the case of an act that occurred in

16 the foreign state against which the claim has

17 been brought, the claimant has afforded the

18 foreign state a reasonable opportunity to arbi19 trate the claim in accordance with accepted

20 international rules of arbitration.’’.

21 (b) TOLLING LIMITATION.—Section 1605(f) of title

22 28, United States Code, is amended by inserting before

23 the period the following: ‘‘, except that no action may be

24 brought under subsection (a)(7)(B)(ii) for a cause of ac25 tion that arose more than 20 years before the date of en-
4

S 1302 IS

1 actment of the Foreign Sovereign Immunity Technical

2 Corrections Act’’.

3 (c) EFFECTIVE DATE.—The amendment made by

4 subsection (a) shall apply to any cause of action arising

5 before, on, or after the date of enactment of this Act.

Æ