[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1796 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1796

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 26, 1999

 Mr. Lautenberg (for himself, Mr. Mack, Mr. Kyl, Mr. Graham, Mr. Robb, 
    Mr. Lott, Mr. Lieberman, Mr. Hatch, Mr. Conrad, Mr. Helms, Mr. 
 Torricelli, Mr. Specter, Mr. Moynihan, Mr. Hollings, Mr. Schumer, Mr. 
 Coverdell, Mr. Edwards, Mr. Cleland, and Mr. Santorum) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 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 the premises of a 
foreign diplomatic mission to the United States, or any funds held by 
or in the name of such foreign diplomatic mission determined by the 
President to be necessary to satisfy actual operating expenses of such 
foreign diplomatic mission.
    ``(B) A waiver under this paragraph shall not apply to--
            ``(i) if the premises of a foreign diplomatic mission has 
        been used for any nondiplomatic purpose (including use as 
        rental property), the proceeds of such use; or
            ``(ii) if any asset of a foreign diplomatic mission is sold 
        or otherwise transferred for value to a third party, the 
        proceeds of such sale or transfer.
    ``(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.
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