I 

108TH CONGRESS 

2D SESSION H. R. 4875

To amend title 28, United States Code, to clarify that persons may bring 

private rights of actions against foriegn states for certain terrorist acts, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 20, 2004

Mr. SAXTON (for himself, Mr. ANDREWS, Mr. FORD, Mr. MICA, Mr. 

MCCOTTER, and Mr. ENGEL) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL

To amend title 28, United States Code, to clarify that persons may bring private rights of actions against foriegn 

states for certain terrorist acts, and for other purposes.

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

3 SECTION 1. CLARIFICATION OF PRIVATE RIGHT OF ACTION 

4 AGAINST TERRORIST STATES; DAMAGES. 

5 (a) RIGHT OF ACTION.—Section 1605 of title 28, 

6 United States Code, is amended—

7 (1) in subsection (f), in the first sentence, by 

8 inserting ‘‘or (h)’’ after ‘‘subsection (a)(7)’’; and 

9 (2) by adding at the end the following: 
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1 ‘‘(h) CERTAIN ACTIONS AGAINST FOREIGN STATES

2 OR OFFICIALS, EMPLOYEES, OR AGENTS OF FOREIGN

3 STATES.—

4 ‘‘(1) CAUSE OF ACTION.—

5 ‘‘(A) CAUSE OF ACTION.—A foreign state 

6 designated as a state sponsor of terrorism 

7 under section 6(j) of the Export Administration 

8 Act of 1979 (50 U.S.C. App. 2405(j)) or sec9 tion 620A of the Foreign Assistance Act of 

10 1961 (22 U.S.C. 2371), or an official, em11 ployee, or agent of such a foreign state, shall be 

12 liable to a national of the United States (as 

13 that term is defined in section 101(a)(22) of 

14 the Immigration and Nationality Act) or the 

15 national’s legal representative for personal in16 jury or death caused by acts of that foreign 

17 state, or by that official, employee, or agent 

18 while acting within the scope of his or her of19 fice, employment, or agency, for which the 

20 courts of the United States may maintain juris21 diction under subsection (a)(7) for money dam22 ages. 

23 ‘‘(B) DISCOVERY.—The provisions of sub24 section (g) apply to actions brought under sub25 paragraph (A). 
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1 ‘‘(C) NATIONALITY OF CLAIMANT.—No ac2 tion shall be maintained under subparagraph 

3 (A) arising from acts of a foreign state or an 

4 official, employee, or agent of a foreign state if 

5 neither the claimant nor the victim was a na6 tional of the United States (as that term is de7 fined in section 101(a)(22) of the Immigration 

8 and Nationality Act) when such acts occurred. 

9 ‘‘(2) DAMAGES.—In an action brought under 

10 paragraph (1) against a foreign state or an official, 

11 employee, or agent of a foreign state, the foreign 

12 state, official, employee, or agent, as the case may 

13 be, may be held liable for money damages in such 

14 action, which may include economic damages, 

15 solatium, damages for pain and suffering, and, not16 withstanding section 1606, punitive damages. In all 

17 actions brought under paragraph (1), a foreign state 

18 shall be vicariously liable for the actions of its offi19 cials, employees, or agents. 

20 ‘‘(3) APPEALS.—An appeal in the courts of the 

21 United States in an action brought under paragraph 

22 (1) may be made—

23 ‘‘(A) only from a final decision under sec24 tion 1291 of this title, and then only if filed 
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1 with the clerk of the district court within 30 

2 days after the entry of such final decision; and 

3 ‘‘(B) in the case of an appeal from an 

4 order denying the immunity of a foreign state, 

5 a political subdivision thereof, or an agency of 

6 instrumentality of a foreign state, only if filed 

7 under section 1292 of this title.’’. 

8 (b) CONFORMING AMENDMENT.—Section 589 of the 

9 Foreign Operations, Export Financing, and Related Pro10 grams Appropriations Act, 1997, as contained in section 

11 101(a) of Division A of Public Law 104–208 (110 Stat. 

12 3009–172; 28 U.S.C. 1605 note), is repealed. 

13 SEC. 2. PROPERTY SUBJECT TO ATTACHMENT EXECUTION. 

14 Section 1610 of title 28, United States Code, is 

15 amended by adding at the end the following: 

16 ‘‘(g) PROPERTY INTERESTS IN CERTAIN ACTIONS.—

17 ‘‘(1) IN GENERAL.—A property interest of a 

18 foreign state, or agency or instrumentality of a for19 eign state, against which a judgment is entered 

20 under section 1605(a)(7), including a property inter21 est that is a separate juridical entity, is subject to 

22 execution upon that judgment as provided in this 

23 section, regardless of—
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1 ‘‘(A) the level of economic control over the 

2 property interest by the government of the for3 eign state; 

4 ‘‘(B) whether the profits of the property 

5 interest go to that government; 

6 ‘‘(C) the degree to which officials of that 

7 government manage the property interest or 

8 otherwise have a hand in its daily affairs; 

9 ‘‘(D) whether that government is the real 

10 beneficiary of the conduct of the property inter11 est; or 

12 ‘‘(E) whether establishing the property in13 terest as a separate entity would entitle the for14 eign state to benefits in United States courts 

15 while avoiding its obligations. 

16 ‘‘(2) U.S. SOVEREIGN IMMUNITY INAPPLI17 CABLE.—Any property interest of a foreign state, or 

18 agency or instrumentality of a foreign state, to 

19 which paragraph (1) applies shall not be immune 

20 from execution upon a judgment entered under sec21 tion 1605(a)(7) because the property interest is reg22 ulated by the United States Government by reason 

23 of action taken against that foreign state under the 

24 Trading With the Enemy Act or the International 

25 Emergency Economic Powers Act.’’. 
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1 SEC. 3. APPLICABILITY. 

2 (a) IN GENERAL.—The amendments made by this 

3 Act apply to any claim for which a foreign state is not 

4 immune under section 1605(a)(7) of title 28, United 

5 States Code, arising before, on, or after the date of the 

6 enactment of this Act. 

7 (b) PRIOR CAUSES OF ACTION.—In the case of any 

8 action that—

9 (1) was brought in a timely manner but was 

10 dismissed before the enactment of this Act for fail11 ure to state of cause of action, and 

12 (2) would be cognizable by reason of the 

13 amendments made by this Act, 

14 the 10-year limitation period provided under section 

15 1605(f) of title 28, United States Code, shall be tolled dur16 ing the period beginning on the date on which the action 

17 was first brought and ending 60 days after the date of 

18 the enactment of this Act.

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