Page:United States Statutes at Large Volume 122.djvu/362

 12 2 STA T .3 3 9PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 sode s ignat ed wh en the cl ai m is f iled u nde r this section or was so designated within the 6- month p eriod b efore the claim is filed under this section or ‘ ‘ (I I ) in the case of an action that is refiled under this section b y reason of section 1083 (c)( 2 )( A ) of the N ational D efense Authori z ation Act for F iscal Y ear 2008 or is filed under this section by reason of section 1083(c)(3) of that Act , the foreign state was designated as a state sponsor of terrorism when the original action or the related action under section 160 5 (a)( 7 ) (as in effect before the enactment of this section) or section 58 9 of the Foreign O perations, Ex port Financing, and R elated P rograms Appropriations Act, 1997 (as contained in section 101(c) of di v ision A of Public L aw 10 4– 208) was filed; ‘‘(ii) the claimant or the victim was, at the time the act described in paragraph (1) occurred — ‘‘(I) a national of the U nited S tates; ‘‘(II) a member of the armed forces; or ‘‘(III) otherwise an employee of the G overnment of the United States, or of an individual performing a contract awarded by the United States Government, acting within the scope of the employee ’ s employment; and ‘‘(iii) in a case in which the act occurred in the foreign state against which the claim has been brought, the claim- ant has afforded the foreign state a reasonable opportunity to arbitrate the claim in accordance with the accepted international rules of arbitration; or ‘‘( B ) the act described in paragraph (1) is related to C ase Number 1

00C V 03110 (EGS) in the United States District Court for the District of Columbia . ‘‘(b) L IM I TA TI ONS .—An action may be brought or maintained under this section if the action is commenced, or a related action was commenced under section 1605(a)(7) (before the date of the enactment of this section) or section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (as contained in section 101(c) of division A of Public Law 104– 208) not later than the latter of— ‘‘(1) 10 years after April 24, 1996; or ‘‘(2) 10 years after the date on which the cause of action arose. ‘‘(c) P R I V AT E RI GH TO F A C TION.—A foreign state that is or was a state sponsor of terrorism as described in subsection (a)(2)(A)(i), and any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or agency, shall be liable to— ‘‘(1) a national of the United States, ‘‘(2) a member of the armed forces, ‘‘(3) an employee of the Government of the United States, or of an individual performing a contract awarded by the United States Government, acting within the scope of the employee’s employment, or ‘‘(4) the legal representative of a person described in para- graph (1), (2), or (3), for personal in j ury or death caused by acts described in subsection (a)(1) of that foreign state, or of an official, employee, or agent of that foreign state, for which the courts of the United States

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