[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4292 Introduced in House (IH)]







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. Frelinghuysen, 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 referred 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 judgments for acts of 
                               terrorism.

    Be it enacted by the Senate and House of Representatives 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 following 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)), section 620(a) of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)), sections 202 
and 203 of the International 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 execution 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 immune 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 natural 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 
Secretary 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.
                                 <all>