I
105TH CONGRESS
2D SESSION
H. R. 3848
To permit certain claims against foreign states to be heard in United States
courts where the foreign state is a state sponsor of international terror-
ism 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 HOUSE OF REPRESENTATIVES
MAY 12, 1998
Mr. YATES introduced the following bill; which was 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 ex-
tradition treaty with the state existed at the time the
claim arose and where no other adequate and available
remedies exist.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Foreign Sovereign Im-
munity Technical Corrections Act of 1998’’.
SEC. 2. TECHNICAL CORRECTIONS WITH RESPECT TO A
LIMITATION ON FOREIGN SOVEREIGN IMMU-
NITY.
(a) IN GENERAL.—Section 1605(a)(7) of title 28,
United States Code, is amended to read as follows:
‘‘(7) in which money damages are sought
against a foreign state for personal injury or death
caused by an act of torture, extrajudicial killing, air-
craft sabotage, hostage taking, or the provision of
material support or resources (as defined in section
2339A of title 18) for such an act, if—
‘‘(A) such act or provision of material sup-
port for such act is engaged in by an official,
employee, or agent of such foreign state while
acting within the scope of his or her office, em-
ployment, or agency;
‘‘(B) the foreign state against whom the
claim was brought—
‘‘(i) was designated as a state sponsor
of terrorism under section 6(j) of the Ex-
port Administration Act of 1979 (50
U.S.C. App. 2405(j)) or section 620A of
the Foreign Assistance Act of 1961 (22
U.S.C. 2371) at the time the act occurred
or later so designated as a result of such
act; or
‘‘(ii) had no treaty of extradition with
the United States at the time the act oc-
curred and no adequate and available rem-
edies conforming with fundamental fair-
ness and due process exist in such state;
‘‘(C) the claimant or victim was a national
of the United States (as that term is defined in
section 101(a)(22) of the Immigration and Na-
tionality Act) when the act upon which the
claim is based occurred except that, in the case
brought under subparagraph (B)(ii), the victim
shall be a national of the United States (as de-
fined in such section 101(a)(22) when the act
upon which the claim is based occurred; and
‘‘(D) in the case of an act that occurred in
the foreign state against which the claim has
been brought, the claimant has afforded the
foreign state a reasonable opportunity to arbi-
trate the claim in accordance with accepted
international rules of arbitration.’’.
(b) TOLLING LIMITATION.—Section 1605(f) of title
28, United States Code, is amended by inserting before
the period the following: ‘‘, except that no action may be
brought under subsection (a)(7)(B)(ii) for a cause of ac-
tion that arose more than 20 years before the date of en-
actment of the Foreign Sovereign Immunity Technical
Corrections Act of 1998’’.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to any cause of action arising
before, on, or after the date of enactment of this Act.
Æ