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H.R. 3485 (rh) To modify the enforcement of certain anti-terrorism judgments, and for other purposes. [Reported in House] ...


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                                                       Calendar No. 715
106th CONGRESS
  2d Session
                                H. R. 3485


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2000

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 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:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
                                                       Calendar No. 715

106th CONGRESS

  2d Session

                               H. R. 3485

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                             July 26, 2000

            Received; read twice and placed on the calendar

Pages: 1

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