Sec. 3. Foreign sovereign immunity
292 words·~1 min read·
/bill/113/s/1535/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1605(a) of title 28, United States Code, is amended— by amending paragraph
(5)to read as follows: not otherwise encompassed in paragraph (2), in which money damages are sought against a foreign state arising out of physical injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of the office or employment of the official or employee (regardless of where the underlying tortious act or omission occurs), including any statutory or common law tort claim arising out of an act of extrajudicial killing, aircraft sabotage, hostage taking, terrorism, or the provision of material support or resources for such an act, or any claim for contribution or indemnity relating to a claim arising out of such an act, except this paragraph shall not apply to— any claim based upon the exercise or performance of, or the failure to exercise or perform, a discretionary function, regardless of whether the discretion is abused; or any claim arising out of malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, interference with contract rights, or any claim for emotional distress or derivative injury suffered as a result of an event or injury to another person that occurs outside of the United States; or ; and by inserting after subsection
(d)the following: For purposes of subsection (a)(5)— the terms aircraft sabotage , extrajudicial killing , hostage taking , and material support or resources have the meanings given those terms in section 1605A(h); and the term terrorism means international terrorism and domestic terrorism, as those terms are defined in section 2331 of title 18. .