IB
Union Calendar No. 414
106TH CONGRESS
2D SESSION
H. R. 3485
[Report No. 106–733]
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
JULY 13, 2000
Additional sponsors: Mr. ROTHMAN, Mr. HOEFFEL, Mr. MENENDEZ, Mr.
SALMON, Mr. FRANK of Massachusetts, Mr. ANDREWS, Mr. CROWLEY,
Mr. CANNON, Mr. SESSIONS, Mrs. MEEK of Florida, Mr. HORN, Mr.
GEKAS, Mr. CANADY of Florida, Mr. LANTOS, Mr. MCNULTY, Mr.
PASCRELL, Mr. MALONEY
of Connecticut, Mr. GUTIERREZ, Mr.
LOBIONDO, Mr. FROST, Mr. CHABOT, and Mr. DEUTSCH
JULY 13, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on November 18, 1999]
A BILL
To modify the enforcement of certain anti-terrorism
judgments, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 ‘‘Jus-
tice 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), re-
spectively;
(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 sub-
paragraphs (A) and (B) of paragraph (1), and sub-
paragraph (C) of paragraph (1) shall not apply.’’.
(2) 
TECHNICAL
AND
CONFORMING
AMEND-
MENT.—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 ‘‘(in-
cluding 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 (includ-
ing any agency, subdivision or instrumentality thereof) to
any state against which a judgment is pending under sec-
tion 1605(a)(7) shall be subject to attachment and execu-
tion, 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 deter-
mining 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 enforce-
ment 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 nondiplo-
matic purpose (including use as rental property), the
proceeds of such use; or
‘‘(ii) if any asset subject to the Vienna Conven-
tion on Diplomatic Relations or the Vienna Conven-
tion on Consular Relations is sold or otherwise trans-
ferred 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 Vi-
enna 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 exe-
cution or execution of which would result in a violation
of an obligation of the United States under the Vienna Con-
vention 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.—Sec-
tion 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 enact-
ment 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 enactment
of this Act.
SEC. 3. TECHNICAL AMENDMENTS TO IMPROVE LITIGATION
PROCEDURES AND REMOVE LIMITATIONS ON
LIABILITY.
(a) GENERAL EXCEPTIONS TO JURISDICTIONAL IMMU-
NITY 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 instrumen-
tality, 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 ac-
tion, 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) 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.’’.
Union Calendar No. 414
106TH CONGRESS
2D SESSION
H. R. 3485
[Report No. 106–733]
A BILL
To modify the enforcement of certain anti-terrorism
judgments, and for other purposes.
JULY 13, 2000
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed