II

106TH CONGRESS

1ST SESSION S. 1796

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

purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 26, 1999

Mr. LAUTENBERG (for himself, Mr. MACK, Mr. KYL, Mr. GRAHAM, Mr. ROBB,

Mr. LOTT, Mr. LIEBERMAN, Mr. HATCH, Mr. CONRAD, Mr. HELMS, Mr.

TORRICELLI, Mr. SPECTER, Mr. MOYNIHAN, Mr. HOLLINGS, Mr. SCHUMER, Mr. COVERDELL, Mr. EDWARDS, Mr. CLELAND, and Mr.

SANTORUM) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To modify the enforcement of certain anti-terrorism

judgments, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ENFORCEMENT OF CERTAIN ANTI-TERRORISM

4 JUDGMENTS.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Justice for Victims of Terrorism Act’’.

7 (b) DEFINITION.—
2

•S 1796 IS

1 (1) IN GENERAL.—Section 1603(b) of title 28,

2 United States Code, is amended—

3 (A) in paragraph (3) by striking the period

4 and inserting a semicolon and ‘‘and’’;

5 (B) by redesignating paragraphs (1), (2),

6 and (3) as subparagraphs (A), (B), and (C), re7 spectively;

8 (C) by striking ‘‘(b)’’ through ‘‘entity—’’

9 and inserting the following:

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

11 means—

12 ‘‘(1) any entity—’’; and

13 (D) by adding at the end the following:

14 ‘‘(2) for purposes of sections 1605(a)(7) and

15 1610 (a)(7) and (f), any entity as defined under

16 subparagraphs (A) and (B) of paragraph (1), and

17 subparagraph (C) of paragraph (1) shall not

18 apply.’’.

19 (2) TECHNICAL AND CONFORMING AMEND20 MENT.—Section 1391(f)(3) of title 28, United

21 States Code, is amended by striking ‘‘1603(b)’’ and

22 inserting ‘‘1603(b)(1)’’.

23 (c) ENFORCEMENT OF JUDGMENTS.—Section

24 1610(f) of title 28, United States Code, is amended—

25 (1) in paragraph (1)—
3

•S 1796 IS

1 (A) in subparagraph (A) by striking ‘‘(in2 cluding any agency or instrumentality or such

3 state)’’ and inserting ‘‘(including any agency or

4 instrumentality of such state)’’; and

5 (B) by adding at the end the following:

6 ‘‘(C) Notwithstanding any other provision of law,

7 moneys due from or payable by the United States (includ8 ing any agency, subdivision or instrumentality thereof) to

9 any state against which a judgment is pending under sec10 tion 1605(a)(7) shall be subject to attachment and execu11 tion, in like manner and to the same extent as if the

12 United States were a private person.’’; and

13 (2) by adding at the end the following:

14 ‘‘(3)(A) Subject to subparagraph (B), upon deter15 mining on an asset-by-asset basis that a waiver is nec16 essary in the national security interest, the President may

17 waive this subsection in connection with (and prior to the

18 enforcement of) any judicial order directing attachment in

19 aid of execution or execution against the premises of a

20 foreign diplomatic mission to the United States, or any

21 funds held by or in the name of such foreign diplomatic

22 mission determined by the President to be necessary to

23 satisfy actual operating expenses of such foreign diplo24 matic mission.
4

•S 1796 IS

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

2 to—

3 ‘‘(i) if the premises of a foreign diplomatic mis4 sion has been used for any nondiplomatic purpose

5 (including use as rental property), the proceeds of

6 such use; or

7 ‘‘(ii) if any asset of a foreign diplomatic mission

8 is sold or otherwise transferred for value to a third

9 party, the proceeds of such sale or transfer.

10 ‘‘(4) For purposes of this subsection, all assets of any

11 agency or instrumentality of a foreign state shall be treat12 ed as assets of that foreign state.’’.

13 (d) TECHNICAL AND CONFORMING AMENDMENT.—

14 Section 117(d) of the Treasury Department Appropria15 tions Act, 1999 (Public Law 105–277; 112 Stat. 2681–

16 492) is repealed.

17 (e) EFFECTIVE DATE.—The amendments made by

18 this section shall apply to any claim for which a foreign

19 state is not immune under section 1605(a)(7) of title 28,

20 United States Code, arising before, on, or after the date

21 of enactment of this Act.

Æ