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(1) IN GENERAL.—Chapter 97 of title 28, United
States Code, is amended by inserting after section
1605 the following:
‘‘§ 1605A. Terrorism exception to the jurisdictional im-
munity of a foreign state
‘‘(a) IN GENERAL.—
‘‘(1) NO IMMUNITY.—A foreign state shall not be
immune from the jurisdiction of courts of the United
States or of the States in any case not otherwise cov-
ered by this chapter in which money damages are
sought against a foreign state for personal injury or
death that was caused by an act of torture,
extrajudicial killing, aircraft sabotage, hostage taking,
or the provision of material support or resources (as
defined in section 2339A of title 18) for such an act
if such act or provision of material support is en-
gaged in by an official, employee, or agent of such
foreign state while acting within the scope of his or
her office, employment, or agency.
‘‘(2) CLAIM
HEARD.—The court shall hear a
claim under this section if—
‘‘(A) the foreign state was 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 section 620A of the For-
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eign Assistance Act of 1961 (22 U.S.C. 2371) at
the time the act occurred, unless later designated
as a result of such act;
‘‘(B) the claimant or the victim was—
‘‘(i) a national of the United States (as
that term is defined in section 101(a)(22) of
the Immigration and Nationality Act (8
U.S.C. 1101(a)(22));
‘‘(ii) a member of the Armed Forces of
the United States (as that term is defined
in section 976 of title 10); or
‘‘(iii) otherwise an employee of the gov-
ernment of the United States or one of its
contractors acting within the scope of their
employment when the act upon which the
claim is based occurred; or
‘‘(C) where the act occurred in the foreign
state against which the claim has been brought,
the claimant has afforded the foreign state a rea-
sonable opportunity to arbitrate the claim in ac-
cordance with the accepted international rules of
arbitration.
‘‘(b) DEFINITION.—For purposes of this section—
‘‘(1) the terms ‘torture’ and ‘extrajudicial killing’
have the meaning given those terms in section 3 of the
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Torture Victim Protection Act of 1991 (28 U.S.C.
1350 note);
‘‘(2) the term ‘hostage taking’ has the meaning
given that term in Article 1 of the International Con-
vention Against the Taking of Hostages; and
‘‘(3) the term ‘aircraft sabotage’ has the meaning
given that term in Article 1 of the Convention for the
Suppression of Unlawful Acts Against the Safety of
Civil Aviation.
‘‘(c) TIME LIMIT.—An action may be brought under
this section if the action is commenced not later than the
latter of—
‘‘(1) 10 years after April 24, 1996; or
‘‘(2) 10 years from the date on which the cause
of action arose.
‘‘(d) PRIVATE RIGHT OF ACTION.—A private cause of
action may be brought against a foreign state designated
under section 6(j) of the Export Administration Act of 1979
(50 U.S.C. 2405(j)), and any official, employee, or agent
of said foreign state while acting within the scope of his
or her office, employment, or agency which 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 (8 U.S.C. 1101(a)(22)), a member of the Armed Forces
of the United States (as that term is defined in section 976
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of title 10), or an employee of the government of the United
States or one of its contractors acting within the scope of
their employment or the legal representative of such a per-
son for personal injury or death caused by acts of that for-
eign state or its official, employee, or agent for which the
courts of the United States may maintain jurisdiction
under this section for money damages which may include
economic damages, solatium, pain, and suffering, and pu-
nitive damages if the acts were among those described in
this section. A foreign state shall be vicariously liable for
the actions of its officials, employees, or agents.
‘‘(e) ADDITIONAL DAMAGES.—After an action has been
brought under subsection (d), actions may also be brought
for reasonably foreseeable property loss, whether insured or
uninsured, third party liability, and life and property in-
surance policy loss claims.
‘‘(f) SPECIAL MASTERS.—
‘‘(1) IN GENERAL.—The Courts of the United
States may from time to time appoint special masters
to hear damage claims brought under this section.
‘‘(2) TRANSFER OF FUNDS.—The Attorney Gen-
eral shall transfer, from funds available for the pro-
gram under sections 1404C of the Victims Crime Act
of 1984 (42 U.S.C. 10603c) to the Administrator of
the United States District Court in which any case