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 jurisdic-
tional 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, an-
nexed, or otherwise controlled by those states.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXCEPTION TO FOREIGN SOVEREIGN IMMU-
NITY FOR CERTAIN CASES INVOLVING ACTS
OF GENOCIDE IN A FOREIGN STATE.
Section 1605(a) of title 38, United States Code, is
amended—
HR 934 RFS
(1) by striking ‘‘or’’ at the end of paragraph
(5);
(2) by striking the period at the end of para-
graph (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 Ger-
many, or in any territories or areas occupied, an-
nexed 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
HR 934 RFS
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 en-
actment 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 para-
graph (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
HR 934 RFS
(2) by striking ‘‘used for the activity’’ and in-
serting 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.