April 10, 2025
Mr. Cruz (for himself, Mr. Cramer, Mr. Budd, Mr. Ricketts, Mr. Daines, Mr. Hagerty, Mr. Barrasso, Mr. Scott of Florida, and Mr. Schmitt) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To amend title 28, United States Code, to clarify that international organizations are not immune from the jurisdiction of the courts of the United States in certain cases related to terrorism.
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 Limiting Immunity for Assisting Backers of Lethal Extremism Act
or the LIABLE Act
.
Sec. 2. Terrorism exception to the jurisdictional immunity of an international organization
(a) In general
Part IV of title 28, United States Code, is amended by inserting after chapter 97 the following:
97A Jurisdictional immunities of international organizations
1621. Terrorism exception to the jurisdictional immunity of an international organization
(a) Definitions
In this section:
(1) Aircraft sabotage; armed forces; extrajudicial killing; hostage taking; material support or resources; national of the United States
The terms aircraft sabotage, armed forces, extrajudicial killing, hostage taking, material support or resources, and national of the United States have the meanings given the terms in section 1605A.
(2) International organization
The term international organization—
(A)
has the meaning given the term in section 1 of the International Organizations Immunities Act (22 U.S.C. 288); and
(B)
includes agencies or affiliated entities of organizations described in that section.
(b) Exception
(1) No immunity
An international organization shall not be immune from the jurisdiction of courts of the United States or of the States in any case not otherwise covered by the International Organizations Immunity Act (22 U.S.C. 288 et seq.) in which money damages are sought against an international organization 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 for such an act if such act or provision of material support or resources is engaged in by an official, employee, or agent of such international organization 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 international organization conspired with, materially supported, or otherwise aided and abetted an organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and
(B)
(i)
the claimant or the victim was, at the time the act described in paragraph (1) occurred—
(I)
a national of the United States;
(II)
a member of the armed forces; and
(III)
otherwise 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 employment of the employee; or
(ii)
the international organization is based in or has a substantial presence in the United States.
(c) Limitations
An action may be brought or maintained under this section if the action is commenced not later than 20 years after the date on which the cause of action arose.
(b) Technical and conforming amendment
The table of chapters for part IV of title 28, United States Code, is amended by inserting after the item relating to chapter 97 the following: