Home > 106th Congressional Bills > H.R. 3485 (rh2) To modify the enforcement of certain anti-terrorism judgments, and for other purposes. ...H.R. 3485 (rh2) To modify the enforcement of certain anti-terrorism judgments, and for other purposes. ...
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 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 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 (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.
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 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) 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 Committee of the Whole
House on the State of the Union, and ordered to be printed
Pages: 1 Other Popular 106th Congressional Bills Documents:
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