S.Amdt. 3903

SA 3903. Mr. CORNYN (for himself and Mr. Padilla) submitted an
amendment intended to be proposed by him to the bill S. 2296, to
authorize appropriations for fiscal year 2026 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1067. LIMITATION ON CIVIL ACTIONS AFFECTED BY UNITED
STATES SANCTIONS.

(a) In General.--Chapter 111 of title 28, United States
Code, is amended by adding at the end the following:

``Sec. 1660. Limitation on civil actions affected by United
States sanctions

``(a) Limitation.--Notwithstanding any provision of law, no
person (other than the United States or a person acting on
behalf of the United States) may bring a civil action in
Federal or State court to enforce any foreign judgment or
foreign arbitral award arising from a claim where--
``(1) the underlying conduct or circumstances giving rise
to the claim resulted from actions to comply with United
States sanctions impeding the performance of a contract; or
``(2) the court or tribunal issuing the judgment or
arbitral award asserted jurisdiction based, in whole or in
part, on the imposition of United States sanctions or export
controls (or any foreign law enacted in response to the
imposition of United States sanctions or export controls).
``(b) Removal and Dismissal.--An action to recognize or
enforce a foreign judgment or foreign arbitral award
described in subsection (a) may be removed by any defendant
to the appropriate United States district court, which shall
dismiss the action.

[[Page S6775]]

``(c) Rule of Construction.--Nothing in this section may be
construed to limit--
``(1) the authority of the President, any delegate of the
President (including the Office of Foreign Assets Control of
the Department of the Treasury), or any other officer or
official of the United States to bring any action or exercise
any responsibility under any applicable State or Federal law;
``(2) any right, remedy, or cause of action available to a
victim of international terrorism, torture, extrajudicial
killing, aircraft sabotage, or hostage taking, who is, or was
at the time of the victim's injury, a national of the United
States, a member of the United States Armed Forces, an
employee of the United States Government, or an individual
performing a contract awarded by the United States Government
acting within the scope of the individual's employment, or a
family member of any such victim, under any applicable State
or Federal law, including--
``(A) chapter 97 of this title;
``(B) chapter 113B of title 18; and
``(C) the Iran Threat Reduction and Syria Human Rights Act
of 2012 (22 U.S.C. 8701 et seq.) and any other laws providing
for the application of sanctions with respect to Iran or
Syria;
``(3) any right, remedy, or cause of action available to
any party arising under or relating to the party's
contractual rights (other than an action to enforce a foreign
judgment or foreign arbitral award described in subsection
(a)) where the parties agreed to resolve all disputes by
litigation in a State or Federal court within the United
States or by arbitration within the United States; or
``(4) any other right, remedy, or cause of action available
to any party arising under State or Federal law (other than
an action to enforce a foreign judgment or foreign arbitral
award described in subsection (a)) where the underlying
conduct or circumstances giving rise to the claim resulted
from the imposition of United States sanctions or export
controls.
``(d) United States Sanctions Defined.--In this section:
``(1) In general.--The term `United States sanctions' means
any prohibition, restriction, or condition on transactions
involving any property in which any foreign country or
national thereof has any interest that is imposed by the
United States to address threats to the national security,
foreign policy, or economy of the United States pursuant to--
``(A) section 203 of the International Emergency Economic
Powers Act (50 U.S.C. 1702); or
``(B) any other provision of law, including any provision
of law relating to export controls.
``(2) Duties.--The term `United States sanctions' does not
include the imposition of a duty on the importation of
goods.''.
(b) Clerical Amendment.--The table of sections for such
chapter is amended by inserting after the item relating to
section 1659 the following new item:

``1660. Limitation on civil actions affected by United States
sanctions.''.
(c) Application.--Section 1660 of title 28, United States
Code, as added by subsection (a), applies with respect to
civil actions pending on or after the date of the enactment
of this Act.
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