[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1772 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1772

To ensure that American victims of terrorism have access to the blocked 
 assets of terrorists, terrorist organizations, and state sponsors of 
                               terrorism.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 5, 2001

  Mr. Smith of New Hampshire introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To ensure that American victims of terrorism have access to the blocked 
 assets of terrorists, terrorist organizations, and state sponsors 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''.

SEC. 2. SATISFACTION OF JUDGEMENTS FROM FROZEN ASSETS OF TERRORISTS, 
              TERRORIST ORGANIZATIONS, AND STATE SPONSORS OF TERRORISM.

    (a) In General.--Except as provided in subsection (b), in every 
case in which a person obtains a judgment against a terrorist party on 
a claim for compensatory damages for an act of terrorism, or a claim 
for money damages brought pursuant to section 1605(a)(7) of title 28, 
United States Code, the frozen assets of that terrorist party, or any 
agency or instrumentality of that terrorist party, shall be available 
for satisfaction of the judgement, to the extent of any compensatory 
damages awarded in the judgement for which the terrorist party is 
liable.
    (b) Presidential Waiver.--
            (1) 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 
        this section 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) A waiver under this subsection shall not apply to--
                    (A) property subject to the Vienna Convention on 
                Consular Relations that has been used for any non-
                diplomatic purpose (including use as rental property), 
                the proceeds of such use; or
                    (B) any asset subject to the Vienna Convention on 
                Diplomatic Relations or the Vienna Convention on 
                Consular Relations that is sold or otherwise 
                transferred for value to a third party, the proceeds of 
                such sale or transfer.

SEC. 3. DEFINITIONS.

    In this Act:
            (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 ``frozen assets'' means assets seized or 
        frozen by the United States in accordance with law.
            (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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