§ 1605B. Responsibility of foreign states for international terrorism against the United States

• (a) In this section, the term “international terrorism”—
  • (1) has the meaning given the term in section 2331 of title 18 , United States Code; and
  • (2) does not include any act of war (as defined in that section).
• (b) A foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which money damages are sought against a foreign state for physical injury to person or property or death occurring in the United States and caused by—
  • (1) an act of international terrorism in the United States; and
  • (2) a tortious act or acts of the foreign state, or of any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or agency, regardless where the tortious act or acts of the foreign state occurred.
• (c) Notwithstanding section 2337(2) of title 18 , a national of the United States may bring a claim against a foreign state in accordance with section 2333 of that title if the foreign state would not be immune under subsection (b).
• (d) A foreign state shall not be subject to the jurisdiction of the courts of the United States under subsection (b) on the basis of an omission or a tortious act or acts that constitute mere negligence.