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Bill103th CongressFiled Apr 27, 1993Law
S. 825

A bill to amend title 28 of the United States Code to permit a foreign state to be subject to the jurisdiction of Federal or State courts in any case involving an act of international terrorism.

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What it doesSummary reported to senate with amendment(s) (Sep 28, 1994)

Amends the Federal judicial code to make an exception to the jurisdictional immunity of a foreign state in any case in which money damages are sought for personal injury or death of a U.S. citizen caused by the torture or extrajudicial killing of that citizen, or by an act of aircraft sabotage, hostage taking, or genocide committed against that citizen by such state or any agent of such state acting within the scope of office, employment, or agency.

Specifies that: (1) such an action shall not be maintained unless the individual was a U.S. citizen at the time the conduct causing such injury or death occurred and unless the action is brought within ten years, or where the cause of action is based on an act of genocide occurring more than ten years before this Act's enactment date, within 18 months after such date; and (2) the court shall decline to hear a claim under this Act if the claimant has not exhausted adequate and available remedies in the place in which the conduct giving rise to the claim occurred and has not afforded the foreign state an opportunity to arbitrate the claim before an international tribunal in accordance with international standards.

Makes an exception to the immunity of the property of a foreign state used in the United States for commercial activity from attachment or execution if a judgment entered by a court of the United States or of a State relates to a claim for which, by virtue of this Act, the foreign state, agency, or instrumentality is not immune, regardless of whether the property is or was involved in the act upon which the claim is based.

What just happenedSep 28, 1994

Placed on Senate Legislative Calendar under General Orders. Calendar No. 678.

Who’s behind it

Sen. Specter, Arlen [R-PA](R-PA)Sponsor
1 cosponsor1 D
Read on Congress.gov
1cosponsors1committees10actions31subjects
  1. Sep 28, 1994Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 678.

  2. Sep 28, 1994Committee

    Committee on Judiciary. Reported to Senate by Senator Biden with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  3. Sep 28, 1994Committee14000

    Committee on Judiciary. Reported to Senate by Senator Biden with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  4. Sep 28, 1994Committee

    Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  5. Sep 22, 1994Committee

    Subcommittee on Courts and Administrative Practice. Approved for full committee consideration with an amendment in the nature of a substitute favorably.

    Administrative Oversight and the Courts Subcommittee
  6. Jun 21, 1994Committee

    Subcommittee on Courts and Administrative Practice. Hearings held.

    Administrative Oversight and the Courts Subcommittee
  7. Apr 29, 1993Committee

    Referred to Subcommittee on Courts and Administrative Practice.

    Administrative Oversight and the Courts Subcommittee
  8. Apr 27, 1993IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  9. Apr 27, 1993IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S4924-4925)

  10. Apr 27, 1993IntroReferral10000

    Introduced in Senate

Reported to Senate with amendment(s)Sep 28, 199401

Amends the Federal judicial code to make an exception to the jurisdictional immunity of a foreign state in any case in which money damages are sought for personal injury or death of a U.S. citizen caused by the torture or extrajudicial killing of that citizen, or by an act of aircraft sabotage, hostage taking, or genocide committed against that citizen by such state or any agent of such state acting within the scope of office, employment, or agency.

Specifies that: (1) such an action shall not be maintained unless the individual was a U.S. citizen at the time the conduct causing such injury or death occurred and unless the action is brought within ten years, or where the cause of action is based on an act of genocide occurring more than ten years before this Act's enactment date, within 18 months after such date; and (2) the court shall decline to hear a claim under this Act if the claimant has not exhausted adequate and available remedies in the place in which the conduct giving rise to the claim occurred and has not afforded the foreign state an opportunity to arbitrate the claim before an international tribunal in accordance with international standards.

Makes an exception to the immunity of the property of a foreign state used in the United States for commercial activity from attachment or execution if a judgment entered by a court of the United States or of a State relates to a claim for which, by virtue of this Act, the foreign state, agency, or instrumentality is not immune, regardless of whether the property is or was involved in the act upon which the claim is based.

Introduced in SenateApr 27, 199300

Amends the Federal judicial code to make an exception to the jurisdictional immunity of a foreign state in any case in which the action is based upon an act of international terrorism within the United States, or outside the United States if money damages are sought against a foreign state for personal injury or death to a U.S. citizen or permanent resident alien, that occurred not more than six years previously and that was committed, aided, or abetted by a foreign state designated by the Secretary of State as a state supporting international terrorism under the Arms Export Control Act.

Specifies that: (1) the property of a foreign state used in the United States for commercial activity shall not be immune from attachment or execution based upon such an act; and (2) such property shall not be immune from attachment prior to the entry of judgment if the foreign state is not immune from jurisdiction by virtue of this Act.

A bill to amend title 28 of the United States Code to permit a foreign state to be subject… — Informed