I
105TH CONGRESS
2D SESSION
H. R. 4292
To amend title 28, United States Code, to allow attachment of certain
property of foreign states in execution of judgments for acts of terrorism.
IN THE HOUSE OF REPRESENTATIVES
JULY 21, 1998
Mr. SAXTON (for himself, Mr. BURTON of Indiana, Mr. PASCRELL, Mr.
WATTS of Oklahoma, Mr. SALMON, Mr. SESSIONS, Mr. FORBES, Mr.
ENGEL, Mr. HAYWORTH, Mr. FOX of Pennsylvania, Mr. FRELING-
HUYSEN, Mr. PAPPAS, Mr. FRANKS of New Jersey, Mr. BOB SCHAFFER
of Colorado, Mr. SNOWBARGER, Mr. ROHRABACHER, Mr. EHRLICH, Mr.
HORN, and Mr. LOBIONDO) introduced the following bill; which was re-
ferred to the Committee on the Judiciary
A BILL
To amend title 28, United States Code, to allow attachment
of certain property of foreign states in execution of judg-
ments for acts of terrorism.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Justice for Victims
of Terrorism Act of 1998’’.
SEC. 2. EXCEPTION TO IMMUNITY FROM ATTACHMENT OR
EXECUTION.
(a) IN GENERAL.—Section 1610 of title 28, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(f)(1)(A) Notwithstanding any other provision of
law, including but not limited to section 208(f) of the
State Department Basic Authorities Act (22 U.S.C.
4308(f)), and except as provided in subparagraph (B), any
property with respect to which financial transactions are
prohibited or regulated pursuant to section 5(b) of the
Trading with the Enemy Act (50 U.S.C. App. 5(b)), sec-
tion 620(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2370(a)), sections 202 and 203 of the Inter-
national Emergency Economic Powers Act (50 U.S.C.
1701–1702), or any other proclamation, order, regulation,
or license issued pursuant thereto, shall be subject to exe-
cution or attachment in aid of execution of any judgment
relating to a claim for which a foreign state (including
any agency or instrumentality of such State) is not im-
mune under section 1605(a)(7).
‘‘(B) Subparagraph (A) shall not apply if, at the time
the property is expropriated or seized by the foreign state,
the property has been held in title by a natural person
or, if held in trust, has been held for the benefit of a natu-
ral person or persons.
‘‘(2)(A) At the request of any party in whose favor
a judgment has been issued with respect to a claim for
which the foreign state is not immune under section
1605(a)(7), the Secretary of the Treasury and the Sec-
retary of State shall fully, promptly, and effectively assist
any judgment creditor or any court that has issued any
such judgment in identifying, locating, and executing
against the property of that foreign state or any agency
or instrumentality of such State.
‘‘(B) In providing such assistance, the Secretaries—
‘‘(i) may provide such information to the court
under seal; and
‘‘(ii) shall provide the information in a manner
sufficient to allow the court to direct the United
States Marshall’s office to promptly and effectively
execute against that property.’’.
(b) CONFORMING AMENDMENT.—Section 1606 of
title 28, United States Code, is amended by inserting after
‘‘punitive damages’’ the following: ‘‘, except in any action
under section 1605(a)(7) or 1610(f)’’.
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) 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.
Æ