H.R. 3485 (106th): Justice for Victims of Terrorism Act

106th Congress, 1999–2000. Text as of Nov 18, 1999 (Introduced).

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HR 3485 IH

106th CONGRESS

1st Session

H. R. 3485

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

IN THE HOUSE OF REPRESENTATIVES

November 18, 1999

Mr. MCCOLLUM (for himself, Mr. DELAY, Mr. DIAZ-BALART, Mr. SAXTON, Mr. SMITH of New Jersey, Mr. FRANKS of New Jersey, Mr. ROGAN, Mr. FOLEY, Mr. TIAHRT, and Ms. ROS-LEHTINEN) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

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 a semicolon and ‘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, subdivision or instrumentality thereof) to any state against which a judgment is pending under section 1605(a)(7) shall be subject to attachment and execution, 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 the premises of a foreign diplomatic mission to the United States, or any funds held by or in the name of such foreign diplomatic mission determined by the President to be necessary to satisfy actual operating expenses of such foreign diplomatic mission.

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

      ‘(i) if the premises of a foreign diplomatic mission has been used for any nondiplomatic purpose (including use as rental property), the proceeds of such use; or

      ‘(ii) if any asset of a foreign diplomatic mission is sold or otherwise transferred for value to a third party, the proceeds of such sale or transfer.

    ‘(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 (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 enactment of this Act.