< Back to H.R. 3848 (105th Congress, 1997–1998)

Text of the Foreign Sovereign Immunity Technical Corrections Act of 1998

This bill was introduced on May 12, 1998, in a previous session of Congress, but was not enacted. The text of the bill below is as of May 12, 1998 (Introduced).

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HR 3848 IH

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 terrorism 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 extradition 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 Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Foreign Sovereign Immunity Technical Corrections Act of 1998’.

SEC. 2. TECHNICAL CORRECTIONS WITH RESPECT TO A LIMITATION ON FOREIGN SOVEREIGN IMMUNITY.

    (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, 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--

        ‘(A) such act or provision of material support 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, employment, 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 Export 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 occurred and no adequate and available remedies conforming with fundamental fairness 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 Nationality 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 defined 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 arbitrate 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 action that arose more than 20 years before the date of enactment 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.