[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4647 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 4647
To provide for satisfaction of judgements from frozen assets of
terrorists, terrorist organizations, and State sponsors of terrorism,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2002
Mr. Fossella (for himself, Mr. Cannon, and Mr. King) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on International Relations, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide for satisfaction of judgements from frozen assets of
terrorists, terrorist organizations, and State sponsors of terrorism,
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. SHORT TITLE.
This Act may be cited as the ``Justice for Victims of Terrorism Act
of 2002''.
SEC. 2. SATISFACTION OF JUDGMENTS FROM FROZEN ASSETS OF TERRORISTS,
TERRORIST ORGANIZATIONS, AND STATE SPONSORS OF TERRORISM.
(a) In General.--Notwithstanding any other provision of law, and
except as provided in subsection (b), in every case in which a person
has obtained a judgment against a terrorist party on a claim based upon
an act of terrorism or for which a terrorist party is not immune under
section 1605(a)(7) of title 28, United States Code, the blocked assets
of that terrorist party (including the blocked assets of any agency or
instrumentality of that terrorist party) shall be subject to execution
or attachment in aid of execution in order to satisfy such judgment to
the extent of any compensatory damages for which such terrorist party
has been adjudged liable.
(b) Presidential Waiver.--
(1) In general.--Subject to paragraph (2), upon determining
on an asset-by-asset basis that a waiver is necessary in the
national security interest, the President may waive the
requirements of subsection (a) 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.
(2) Exception.--A waiver under this subsection shall not
apply to--
(A) property subject to the Vienna Convention on
Diplomatic Relations or the Vienna Convention on
Consular Relations that has been used by the United
States for any nondiplomatic purpose (including use as
rental property), or the proceeds of such use; or
(B) the proceeds of any sale or transfer for value
to a third party of any asset subject to the Vienna
Convention on Diplomatic Relations or the Vienna
Convention on Consular Relations.
(c) Special Rule for Cases Against Iran.--Section 2002 of the
Victims of Trafficking and Violence Protection Act of 2000 (Public Law
106-386; 114 Stat. 1542) is amended--
(1) in subsection (a)(2)(A)(ii), by inserting after ``July
27, 2000'' the following: ``or before October 28, 2000,'';
(2) in subsection (b)(2)(B)(i), by inserting after ``the
date of enactment of this Act'' the following: ``(less amounts
therein as to which the United States has an interest in
subrogation pursuant to subparagraph (C) arising prior to the
date of entry of the judgment or judgments to be satisfied in
whole or in part hereunder).'';
(3) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(4) by inserting after subsection (c) the following new
subsection (d):
``(d) Distribution of Foreign Military Sales Funds Inadequate to
Satisfy Full Amount of Compensatory Awards Against Iran.--
``(1)(A) In the event that the Secretary determines that
the amounts available to be paid under subsection (b)(2) are
inadequate to pay the entire amount of compensatory damages
awarded in judgments issued as of the date of the enactment of
the Justice for Victims of Terrorism Act of 2002 in cases
identified in subsection (a)(2)(A), the Secretary shall, not
later than 60 days after such date, make payment from the
account specified in subsection (b)(2) to each party to which
such judgment has been issued a share of the amounts in that
account which are not subject to subrogation to the United
States under this Act.
``(B) The amount so paid to each such person shall be
calculated by the proportion that the amount of compensatory
damages awarded in a judgment issued to that particular person
bears to the total amount of all compensatory damages awarded
to all persons to whom judgments have been issued in cases
identified in subsection (a)(2)(A) as of the date referred to
in subparagraph (A).
``(2) Nothing herein shall bar, or require delay in,
enforcement of any judgment to which this subsection applies
under any procedure or against assets otherwise available under
this section or under any other provision of law.
``(3) Any person receiving less than the full amount of
compensatory damages awarded to that party in judgments to
which this subsection applies shall not be required to make the
election set forth in subsection (a)(2)(C) in order to qualify
for payment hereunder.''.
(d) Definitions.--In this section:
(1) The term ``terrorist party'' means a terrorist, a
terrorist organization, or a foreign state designated as a
state sponsor of terrorism under section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section
620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371).
(2) The term ``blocked asset'' means any asset seized or
frozen by the United States in accordance with law, or
otherwise held by the United States without claim of ownership
by the United States.
(3) 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.
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