text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Justice for Victims of State 
  Sponsored Terrorism Act''.
  
  SEC. 2. TERRORISM EXCEPTION TO IMMUNITY.
  
      (a) In General.--Chapter 97 of title 28, United States Code, is 
  amended by inserting after section 1605 the following:
  ``Sec. 1605A. Terrorism exception to the jurisdictional immunity 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 covered 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 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.
              ``(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 Foreign 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 
                          government 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 reasonable opportunity 
                  to arbitrate the claim in accordance 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 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 Convention 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 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 
  person for personal injury or death caused by acts of that foreign 
  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 punitive 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 insurance 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 General shall 
          transfer, from funds available for the program 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 is pending which has been brought pursuant to section 
          1605(a)(7) such funds as may be required to carry out the 
          Orders of that United States District Court appointing Special 
          Masters in any case under this section. Any amount paid in 
          compensation to any such Special Master shall constitute an 
          item of court costs.
      ``(g) Appeal.--In an action brought under this section, appeals 
  from orders not conclusively ending the litigation may only be taken 
  pursuant to section 1292(b) of this title.
      ``(h) Property Disposition.--
              ``(1) In general.--In every action filed in a United States 
          district court in which jurisdiction is alleged under this 
          section, the filing of a notice of pending action pursuant to 
          this section, to which is attached a copy of the complaint 
          filed in the action, shall have the effect of establishing a 
          lien of lis pendens upon any real property or tangible personal 
          property located within that judicial district that is titled 
          in the name of any defendant, or titled in the name of any 
          entity controlled by any such defendant if such notice contains 
          a statement listing those controlled entities.
              ``(2) Notice.--A notice of pending action pursuant to this 
          section shall be filed by the clerk of the district court in 
          the same manner as any pending action and shall be indexed by 
          listing as defendants all named defendants and all entities 
          listed as controlled by any defendant.
              ``(3) Enforceability.--Liens established by reason of this 
          subsection shall be enforceable as provided in chapter 111 of 
          this title.''.
      (b) Amendment to Chapter Analysis.--The chapter analysis for 
  chapter 97 of title 28, United States Code, is amended by inserting 
  after the item for section 1605 the following:
  
  ``1605A. Terrorism exception to the jurisdictional immunity of a 
                              foreign state.''.
  
  SEC. 3. CONFORMING AMENDMENTS.
  
      (a) Property.--Section 1610 of title 28, United States Code, is 
  amended by adding at the end the following:
      ``(g) Property in Certain Actions.--
              ``(1) In general.--The property of a foreign state, or 
          agency or instrumentality of a foreign state, against which a 
          judgment is entered under this section, including property that 
          is a separate juridical entity, is subject to execution upon 
          that judgment as provided in this section, regardless of--
                      ``(A) the level of economic control over the 
                  property by the government of the foreign state;
                      ``(B) whether the profits of the property go to 
                  that government;
                      ``(C) the degree to which officials of that 
                  government manage the property or otherwise control its 
                  daily affairs;
                      ``(D) whether that government is the sole 
                  beneficiary in interest of the property; or
                      ``(E) whether establishing the property as a 
                  separate entity would entitle the foreign state to 
                  benefits in United States courts while avoiding its 
                  obligations.
              ``(2) United states sovereign immunity inapplicable.--Any 
          property of a foreign state, or agency or instrumentality of a 
          foreign state, to which paragraph (1) applies shall not be 
          immune from execution upon a judgment entered under this 
          section because the property is regulated by the United States 
          Government by reason of action taken against that foreign state 
          under the Trading With the Enemy Act or the International 
          Emergency Economic Powers Act.''.
      (b) Victims of Crime Act.--Section 1404C(a)(3) of the Victims of 
  Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended by striking 
  ``December 21, 1988, with respect to which an investigation or'' and 
  inserting ``October 23, 1983, with respect to which an investigation or 
  civil or criminal''.
      (c) General Exception.--Section 1605 of title 28, United States 
  Code, is amended--
              (1) in subsection (a)--
                      (A) in paragraph (5)(B), by inserting ``or'' after 
                  the semicolon;
                      (B) in paragraph (6)(D), by striking ``; or'' and 
                  inserting a period; and
                      (C) by striking paragraph (7); and
              (2) by striking subsections (e) and (f).
  
  SEC. 4. APPLICATION TO PENDING CASES.
  
      (a) In General.--The amendments made by this Act shall apply to any 
  claim arising under section 1605A or 1605(g) of title 28, United States 
  Code, as added by this Act.
      (b) Prior Actions.--Any judgment or action brought under section 
  1605(a)(7) of title 28, United States Code, or section 101(c) of Public 
  Law 104-208 after the effective date of such provisions relying on 
  either of these provisions as creating a cause of action, which has 
  been adversely affected on the grounds that either or both of these 
  provisions fail to create a cause of action opposable against the 
  state, and which is still before the courts in any form, including 
  appeal or motion under Federal Rule of Civil Procedure 60(b), shall, on 
  motion made to the Federal District Court where the judgment or action 
  was initially entered, be given effect as if it had originally been 
  filed pursuant to section 1605A(d) of title 28, United States Code. The 
  defenses of res judicata, collateral estoppel and limitation period are 
  waived in any re-filed action described in this paragraph and based on 
  the such claim. Any such motion or re-filing must be made not later 
  than 60 days after enactment of this Act.
target: Justice for Victims of State Sponsored Terrorism Act - Amends the federal judicial code to expand the rights of victims of state-sponsored terrorism by: (1) denying foreign states that support terrorism immunity from the jurisdiction of U.S. courts for cases involving personal injury or death related to the terrorist activities of its officials, employees, or agents; (2) allowing certain nationals of the United States, members of the Armed Forces, and federal employees or contractors a private cause of action against a foreign state designated as a state sponsor of terrorism; (3) making foreign states vicariously liable for the actions of their officials, employees, or agents; (4) limiting appeals in cases against foreign states involving terrorist-related injuries; and (5) establishing a pending lien against property of a foreign state sponsor of terrorism upon the initiation of legal action in the United States against such state.
feat_title: A bill to provide justice for victims of state-sponsored terrorism.