Union Calendar No. 384
103D CONGRESS
2D SESSION
H. R. 934
[Report No. 103–702]
A BILL
To amend title 28, United States Code, relating to
jurisdictional immunities of foreign states, to
grant jurisdiction to the courts of the United
States in certain cases involving torture or
extrajudicial killing occurring in that state.
AUGUST 16, 1994
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 384
103D CONGRESS
2D SESSION
H. R. 934
[Report No. 103–702]
To amend title 28, United States Code, relating to jurisdictional immunities
of foreign states, to grant jurisdiction to the courts of the United States
in certain cases involving torture or extrajudicial killing occurring in
that state.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 17, 1993
Mr. MAZZOLI introduced the following bill; which was referred to the
Committee on the Judiciary
AUGUST 16, 1994
Additional sponsors: Mr. SCHUMER and Mr. PRICE of North Carolina
AUGUST 16, 1994
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 17, 1993]
A BILL
To amend title 28, United States Code, relating to jurisdic-
tional immunities of foreign states, to grant jurisdiction
to the courts of the United States in certain cases involv-
ing torture or extrajudicial killing occurring in that state.
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 TOR-
TURE, EXTRAJUDICIAL KILLING, OR GENO-
CIDE IN A FOREIGN STATE.
Section 1605(a) of title 28, United States Code, is
amended—
(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 a
foreign state for the personal injury or death of a
United States citizen occurring in such foreign state
and caused by the torture or extrajudicial killing of
that citizen, or by an act of genocide committed
against that citizen, by such foreign state or by any
official or employee of such foreign state while acting
within the scope of his or her office or employment,
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 ex-
hausted 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—
‘‘(i) the action is commenced within 10
years after the cause of action accrues; or
‘‘(ii) the cause of action is based on an
act of genocide occurring more than 10
years before the date of the enactment of this
paragraph and the action is brought within
18 months after such date of enactment.
For purposes of paragraph (7), the terms ‘torture’ and
‘extrajudicial killing’ have the meanings given those terms
in section 3 of the Torture Victim Protection Act of 1991,
and 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
(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.
Amend the title so as to read: ‘‘A bill to amend title
28, United States Code, relating to jurisdictional immu-
nities of foreign states, to grant jurisdiction to the courts
of the United States in certain cases involving torture,
extrajudicial killing, or genocide occurring in that state.’’.