I
105TH CONGRESS
1ST SESSION
H. R. 1531
To amend title 28, United States Code, relating to jurisdictional 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 certain individuals during World War II in the predecessor states
of the Federal Republic of Germany, or in any territories or areas
occupied, annexed, or otherwise controlled by those states.
IN THE HOUSE OF REPRESENTATIVES
MAY 5, 1997
Ms. SLAUGHTER introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
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 certain individuals during World War II in the
predecessor states of the Federal Republic of Germany,
or in any territories or areas occupied, annexed, or other-
wise 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 of title 28, United States Code, is
amended—
(1) in subsection (a)—
(A) by striking ‘‘or’’ at the end of para-
graph (6);
(B) by striking the period at the end of
paragraph (7) and inserting in lieu thereof ‘‘;
or’’; and
(C) by adding at the end thereof the fol-
lowing:
‘‘(8) not otherwise encompassed in paragraph
(2), in which money damages are sought against the
Federal Republic of Germany for the personal injury
of a United States citizen occurring in the prede-
cessor states of the Federal Republic of Germany, or
in any territories or areas occupied, annexed, or oth-
erwise controlled by those states and caused by an
act of genocide committed against that citizen dur-
ing World War II by, or under the direction or su-
pervision of, such predecessor state or by, or under
the direction or supervision of, an official or em-
ployee of such predecessor state while acting within
the scope of his or her office or employment, wheth-
er or not the individual whose injury gave rise to the
action was a United States citizen at the time the
conduct causing such injury occurred; except that—
‘‘(A) the court shall decline to hear a claim
under this paragraph if the claimant has not
exhausted adequate and available remedies
under the law of the Federal Republic of Ger-
many, unless pursuing such remedies would
cause or would have caused the claimant undue
hardship on account of the nature of the inju-
ries sustained and their effects on the ability of
the claimant to pursue such remedies; and
‘‘(B) an action under this paragraph shall
not be maintained unless the cause of action is
brought within 24 months after the date of the
enactment of this paragraph.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(h) For purposes of paragraph (8) of subsection (a),
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 ‘‘or’’ at the end of paragraph
(6);
(2) by striking the period at the end of para-
graph (7) and inserting in lieu thereof ‘‘, or’’; and
(3) by adding at the end the following new
paragraph:
‘‘(8) the judgment relates to a claim for which
the foreign state is not immune by virtue of section
1605(a)(8) 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 by striking ‘‘or (7)’’
and inserting in lieu thereof ‘‘(7), or (8)’’.
SEC. 3. VENUE.
Section 1391(f) of title 28, United States Code, is
amended—
(1) in paragraph (3) by striking ‘‘or’’ after the
semicolon;
(2) in paragraph (4) by striking the period and
inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(5) in the case of an action for which there is
no immunity by virtue of section 1605(a)(8), in the
judicial district in which the plaintiff resides.’’.
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.
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