I 
109TH CONGRESS 
1ST SESSION 
H. R. 865
To amend title 28, United States Code, to clarify that persons may bring 
private rights of actions against foreign states for certain terrorist acts, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 16, 2005
Mr. SAXTON (for himself, Mr. ANDREWS, Ms. JACKSON-LEE of Texas, Mr. 
COBLE, Ms. ROS-LEHTINEN, Mrs. JO ANN DAVIS of Virginia, Mr. 
ENGEL, Mr. WEINER, Mr. LANGEVIN, Mr. ETHERIDGE, Mr. FORTUN˜O, 
and Mr. HOSTETTLER) 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 per-
sons may bring private rights of actions against foreign 
states for certain terrorist acts, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CLARIFICATION OF PRIVATE RIGHT OF ACTION 
AGAINST TERRORIST STATES; DAMAGES. 
(a) RIGHT OF ACTION.—Section 1605 of title 28, 
United States Code, is amended—
(1) in subsection (f), in the first sentence, by 
inserting ‘‘or (h)’’ after ‘‘subsection (a)(7)’’; and
(2) by adding at the end the following: 
‘‘(h) CERTAIN ACTIONS AGAINST FOREIGN STATES 
OR OFFICIALS, EMPLOYEES, OR AGENTS OF FOREIGN 
STATES.—
‘‘(1) CAUSE OF ACTION.—
‘‘(A) CAUSE OF ACTION.—A foreign state 
designated as a state sponsor of terrorism 
under section 6(j) of the Export Administration 
Act of 1979 (50 U.S.C. App. 2405(j)) or sec-
tion 620A of the Foreign Assistance Act of 
1961 (22 U.S.C. 2371), or an official, em-
ployee, or agent of such a foreign state, shall be 
liable to a national of the United States (as 
that term is defined in section 101(a)(22) of 
the Immigration and Nationality Act) or the 
national’s legal representative for personal in-
jury or death caused by acts of that foreign 
state, or by that official, employee, or agent 
while acting within the scope of his or her of-
fice, employment, or agency, for which the 
courts of the United States may maintain juris-
diction under subsection (a)(7) for money dam-
ages. The removal of a foreign state from des-
ignation as a state sponsor of terrorism under 
section 6(j) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)), section 620A of 
the Foreign Assistance Act of 1961 (22 U.S.C. 
2371), or other provision of law shall not termi-
nate a cause of action arising under this sub-
paragraph during the period of such designa-
tion. 
‘‘(B) DISCOVERY.—The provisions of sub-
section (g) apply to actions brought under sub-
paragraph (A). 
‘‘(C) NATIONALITY OF CLAIMANT.—No ac-
tion shall be maintained under subparagraph 
(A) arising from acts of a foreign state or an 
official, employee, or agent of a foreign state if 
neither the claimant nor the victim was a na-
tional of the United States (as that term is de-
fined in section 101(a)(22) of the Immigration 
and Nationality Act) when such acts occurred. 
‘‘(2) DAMAGES.—In an action brought under 
paragraph (1) against a foreign state or an official, 
employee, or agent of a foreign state, the foreign 
state, official, employee, or agent, as the case may 
be, may be held liable for money damages in such 
action, which may include economic damages, 
solatium, damages for pain and suffering, and, not-
withstanding section 1606, punitive damages. In all
actions brought under paragraph (1), a foreign state 
shall be vicariously liable for the actions of its offi-
cials, employees, or agents. 
‘‘(3) APPEALS.—An appeal in the courts of the 
United States in an action brought under paragraph 
(1) may be made—
‘‘(A) only from a final decision under sec-
tion 1291 of this title, and then only if filed 
with the clerk of the district court within 30 
days after the entry of such final decision; and 
‘‘(B) in the case of an appeal from an 
order denying the immunity of a foreign state, 
a political subdivision thereof, or an agency of 
instrumentality of a foreign state, only if filed 
under section 1292 of this title.’’. 
(b) CONFORMING AMENDMENT.—Section 589 of the 
Foreign Operations, Export Financing, and Related Pro-
grams Appropriations Act, 1997, as contained in section 
101(a) of Division A of Public Law 104–208 (110 Stat. 
3009–172; 28 U.S.C. 1605 note), is repealed. 
SEC. 2. PROPERTY SUBJECT TO ATTACHMENT EXECUTION. 
Section 1610 of title 28, United States Code, is 
amended by adding at the end the following: 
‘‘(g) PROPERTY INTERESTS IN CERTAIN ACTIONS.—
‘‘(1) IN GENERAL.—A property interest of a 
foreign state, or agency or instrumentality of a for-
eign state, against which a judgment is entered 
under section 1605(a)(7), including a property inter-
est that is a separate juridical entity, is subject to 
execution upon that judgment as provided in this 
section, regardless of—
‘‘(A) the level of economic control over the 
property interest by the government of the for-
eign state; 
‘‘(B) whether the profits of the property 
interest go to that government; 
‘‘(C) the degree to which officials of that 
government manage the property interest or 
otherwise have a hand in its daily affairs; 
‘‘(D) whether that government is the real 
beneficiary of the conduct of the property inter-
est; or 
‘‘(E) whether establishing the property in-
terest as a separate entity would entitle the for-
eign state to benefits in United States courts 
while avoiding its obligations. 
‘‘(2) U.S. 
SOVEREIGN
IMMUNITY
INAPPLI-
CABLE.—Any property interest of a foreign state, or 
agency or instrumentality of a foreign state, to