[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2134 Reported in Senate (RS)]
Calendar No. 451
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, Mr. Craig, Mrs. Feinstein, Ms. Collins, Mr. Cleland, Mr. Baucus,
Mr. Miller, Mr. Bayh, Mr. Hollings, Mr. Johnson, Mr. Torricelli, Mrs.
Hutchison, and Mr. Santorum) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
June 27, 2002
Reported by Mr. Leahy, with an amendment
_______________________________________________________________________
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.
<DELETED>SEC. 4. SATISFACTION OF JUDGMENTS FROM BLOCKED ASSETS OF
TERRORISTS, TERRORIST ORGANIZATIONS, AND STATE SPONSORS
OF TERRORISM.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Presidential Waiver.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Exception.--A waiver under this subsection
shall not apply to--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Definitions.--In this Act:</DELETED>
<DELETED> (1) Blocked assets.--The term ``blocked assets''
means assets seized or blocked by the United States in
accordance with law.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
SEC. 4. 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), 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 subsection (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) Award distribution.--
``(A) In general.--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 this
subsection 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) Calculation of amount.--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) Enforcement of judgment.--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) Partial judgment.--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) 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).
(2) Blocked asset.--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) Property or asset subject to the vienna convention on
diplomatic relations or the vienna convention on consular
relations.--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.
Calendar No. 451
107th CONGRESS
2d Session
S. 2134
_______________________________________________________________________
A BILL
To allow American victims of state sponsored terrorism to receive
compensation from blocked assets of those states.
_______________________________________________________________________
June 27, 2002
Reported with an amendment