[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2134 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2134

   To allow American victims of state sponsored terrorism to receive 
           compensation from blocked assets of those states.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 16, 2002

  Mr. Harkin (for himself, Mr. Allen, Mr. Smith of New Hampshire, Mr. 
   Schumer, Mr. Nickles, Mrs. Clinton, Mr. Warner, Ms. Mikulski, Mr. 
  Burns, and Mr. Craig) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To allow American victims of state sponsored terrorism to receive 
           compensation from blocked assets of those states.

    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 ``Terrorism Victim's Access to 
Compensation Act of 2002''.

SEC. 2. FINDINGS.

    Congress finds that:
            (1) The war against international terrorism must be fought 
        and won on multiple fronts.
            (2) The state sponsors of international terrorism 
        (including their agencies and instrumentalities) are ultimately 
        responsible for the damages, pain, and suffering inflicted upon 
        Americans who are victimized by terrorist acts. It is the state 
        sponsors, not the American taxpayer, who must be compelled to 
        pay those costs.
            (3) The Secretary of the Treasury lawfully controls 
        billions of dollars in blocked assets of several governments 
        which the President and the Department of State have determined 
        to be state sponsors of international terrorism and responsible 
        for multiple terrorist attacks on United States citizens 
        abroad.
            (4) There have been multiple Federal lawsuits brought since 
        1996 by American victims of state sponsored terrorism abroad 
        and final judgments and financial awards in some of those cases 
        have been paid appropriately by using some of the blocked 
        assets of state sponsors of terrorism. Additional cases are 
        still pending.
            (5) Paying victims of state sponsored terrorism from the 
        blocked assets of state sponsors of acts of terrorism 
        (including their agencies and instrumentalities) will punish 
        those entities, deter future acts of terrorism, and provide a 
        powerful incentive for any foreign government to stop 
        sponsoring terrorist attacks on Americans.
            (6) There must be a level playing field for all American 
        victims of state sponsored terrorism who are pursuing redress 
        in the Federal courts and compensation from the blocked assets 
        of state sponsors of terrorism (including their agencies and 
        instrumentalities).

SEC. 3. SENSE OF THE SENATE.

    Considering the policy set forth in this Act, the Antiterrorism and 
Effective Death Penalty Act of 1996, and in the Victims of Trafficking 
and Violence Protection Act of 2000, it is the sense of Congress that 
it should be the policy of the United States--
            (1) to use the blocked assets of state sponsors of acts of 
        terrorism (including their agencies and instrumentalities) that 
        are under the control of the Secretary of the Treasury to pay 
        court-ordered judgments and awards made to United States 
        nationals harmed by such acts; and
            (2) to provide equal access to all United States victims of 
        state sponsored terrorism who have secured judgments and awards 
        in Federal courts against state sponsors of terrorism 
        (including their agencies and instrumentalities) and that those 
        judgments and awards be paid by state sponsors of terrorism 
        (including their agencies and instrumentalities) from any of 
        their blocked assets controlled by the Secretary of the 
        Treasury.

SEC. 4. SATISFACTION OF JUDGMENTS FROM BLOCKED 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 has obtained a judgment against a terrorist 
party on a claim for compensatory damages for an act of terrorism, or a 
claim for compensatory damages brought pursuant to section 1605(a)(7) 
of title 28, United States Code, the blocked assets of any terrorist 
party, or any agency or instrumentality of a terrorist party, shall be 
available for satisfaction of the judgment.
    (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 or 
        satisfaction in aid of execution of judgment, or execution of 
        judgment, 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 for any 
                nondiplomatic purpose (including use as rental 
                property), and 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, and the 
                proceeds of such sale or transfer.
    (c) Definitions.--In this Act:
            (1) Blocked assets.--The term ``blocked assets'' means 
        assets seized or blocked by the United States in accordance 
        with law.
            (2) Property and assets subject to vienna conventions.--The 
        terms ``property subject to the Vienna Convention on Diplomatic 
        Relations or the Vienna Convention on Consular Relations'' and 
        ``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 may, for the limited purpose of 
        satisfying a judgment under subsection (a), breach 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.
            (3) Terrorist party.--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) (including any agency or instrumentality of 
        that state).
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