< Back to H.R. 3485 (106th Congress, 1999–2000)

Text of the Justice for Victims of Terrorism Act

This bill was introduced in a previous session of Congress and was passed by the House on July 25, 2000 but was never passed by the Senate. The text of the bill below is as of Jul 25, 2000 (Passed the House (Engrossed)).

This is not the latest text of this bill.

Source: GPO

HR 3485 EH

106th CONGRESS

2d Session

H. R. 3485


AN ACT

To modify the enforcement of certain anti-terrorism judgments, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. ENFORCEMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘Justice for Victims of Terrorism Act’.

    (b) DEFINITION-

      (1) IN GENERAL- Section 1603(b) of title 28, United States Code, is amended--

        (A) in paragraph (3) by striking the period and inserting ‘; and’;

        (B) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;

        (C) by striking ‘(b)’ through ‘entity--’ and inserting the following:

    ‘(b) An ‘agency or instrumentality of a foreign state’ means--

      ‘(1) any entity--’; and

        (D) by adding at the end the following:

      ‘(2) for purposes of sections 1605(a)(7) and 1610 (a)(7) and (f), any entity as defined under subparagraphs (A) and (B) of paragraph (1), and subparagraph (C) of paragraph (1) shall not apply.’.

      (2) TECHNICAL AND CONFORMING AMENDMENT- Section 1391(f)(3) of title 28, United States Code, is amended by striking ‘1603(b)’ and inserting ‘1603(b)(1)’.

    (c) ENFORCEMENT OF JUDGMENTS- Section 1610(f) of title 28, United States Code, is amended--

      (1) in paragraph (1)--

        (A) in subparagraph (A) by striking ‘(including any agency or instrumentality or such state)’ and inserting ‘(including any agency or instrumentality of such state)’; and

        (B) by adding at the end the following:

    ‘(C) Notwithstanding any other provision of law, moneys due from or payable by the United States (including any agency or instrumentality thereof) to any state against which a judgment is pending under section 1605(a)(7) shall be subject to attachment and execution with respect to that judgment, in like manner and to the same extent as if the United States were a private person.’; and

      (2) by adding at the end the following:

    ‘(3)(A) Subject to subparagraph (B), upon determining on an asset-by-asset basis that a waiver is necessary in the national security interest, the President may waive this subsection in connection with (and prior to the enforcement of) any judicial order directing attachment in aid of execution or execution against any property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations.

    ‘(B) A waiver under this paragraph shall not apply to--

      ‘(i) if property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations has been used for any nondiplomatic purpose (including use as rental property), the proceeds of such use; or

      ‘(ii) if any asset subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations is sold or otherwise transferred for value to a third party, the proceeds of such sale or transfer.

    ‘(C) In this paragraph, the term ‘property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations’ and the term ‘asset subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations’ mean any property or asset, respectively, the attachment in aid of execution or execution of which would result in a violation of an obligation of the United States under the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, as the case may be.

    ‘(4) For purposes of this subsection, all assets of any agency or instrumentality of a foreign state shall be treated as assets of that foreign state.’.

    (d) TECHNICAL AND CONFORMING AMENDMENT- Section 117(d) of the Treasury Department Appropriations Act, 1999, as enacted by section 101(h) of Public Law 105-277 (112 Stat. 2681-492) is repealed.

    (e) EFFECTIVE DATE- The amendments made by this section shall apply to any claim for which a foreign state is not immune under section 1605(a)(7) of title 28, United States Code, arising before, on, or after the date of the enactment of this Act.

SEC. 2. PAYGO ADJUSTMENT.

    The Director of the Office of Management and Budget shall not make any estimates of changes in direct spending outlays and receipts under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902(d)) for any fiscal year resulting from the enactment of this Act.

SEC. 3. TECHNICAL AMENDMENTS TO IMPROVE LITIGATION PROCEDURES AND REMOVE LIMITATIONS ON LIABILITY.

    (a) GENERAL EXCEPTIONS TO JURISDICTIONAL IMMUNITY OF FOREIGN STATE- Section 1605 of title 28, United States Code, is amended by adding at the end the following:

    ‘(h) If a foreign state, or its agency or instrumentality, is a party to an action pursuant to subsection (a)(7) and fails to furnish any testimony, document, or other thing upon a duly issued discovery order by the court in the action, such failure shall be deemed an admission of any fact with respect to which the discovery order relates. Nothing in this subsection shall supersede the limitations set forth in subsection (g).’.

    (b) MODIFICATION OF LIMITATION ON LIABILITY- Section 1605(a)(7)(B)(i) is amended to read as follows:

          ‘(i) the act occurred in the foreign state against which the claim has been brought and the foreign state has not had a reasonable opportunity to arbitrate the claim in a neutral forum outside the foreign state in accordance with accepted international rules of arbitration; or

    (c) EXTENT OF LIABILITY- Section 1606 of title 28, United States Code, is amended by adding at the end the following: ‘No Federal or State statutory limits shall apply to the amount of compensatory, actual, or punitive damages permitted to be awarded to persons under section 1605(a)(7) and this section.’.

    (d) EFFECTIVE DATE- The amendments made by this section shall apply to any claim for which a foreign state is not immune under section 1605(a)(7) of title 28, United States Code, arising before, on, or after the date of the enactment of this Act.

Passed the House of Representatives July 25, 2000.

Attest:

Clerk.