Page:United States Statutes at Large Volume 110 Part 2.djvu/67

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PUBLIC LAW 104-132—APR. 24, 1996 110 STAT. 1241 SEC. 211. EFFECTIVE DATE. 18 USC 2248 The amendments made by this subtitle shall, to the extent constitutionally permissible, be effective for sentencing proceedings in cases in which the defendant is convicted on or after the date of enactment of this Act. Subtitle B—Jurisdiction for Lawsuits gainst Terrorist States SEC. 221. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES. (a) EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY FOR CERTAIN CASES. —Section 1605 of title 28, United States Code, is amended— (1) in subsection (a)— (A) by striking "or" at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting "; or"; and (C) by adding at the end the following new paragraph: "(7) not otherwise covered by paragraph (2), 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, except that the court shall decline to hear a claim under this paragraph— "(A) if the foreign state was not 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 so designated as a result of such act; and "(B) even if the foreign state is or was so designated, if— "(i) the act occurred in the foreign state against which the claim has been brought and the claimant has not afforded the foreign state a reasonable opportunity to arbitrate the claim in accordance with accepted international rules of arbitration; or "(ii) the claimant or victim was not 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."; and (2) by adding at the end the following: "(e) For purposes of paragraph (7) of subsection (a)— "(1) the terms 'torture' and 'extrajudicial killing' have the meaning given those terms in section 3 of the Torture Victim ^ Protection Act of 1991; "(2) the term 'hostage taking' has the meaning given that term in Article 1 of the International Convention Against the Taking of Hostages; and