[Congressional Record Volume 144, Number 151 (Wednesday, October 21, 1998)]
[Extensions of Remarks]
[Pages E2305-E2306]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     MAKING FURTHER CONTINUING APPROPRIATIONS FOR FISCAL YEAR 1999

                                 ______
                                 

                            HON. JIM SAXTON

                             of new jersey

                    in the house of representatives

                      Wednesday, October 21, 1998

  Mr. SAXTON. Mr. Speaker, as Chairman of the Congressional Task Force 
on Terrorism and Unconventional Warfare, I strongly support Section 117 
of the Treasury Appropriations Conference Report now part of the FY 
1999 Omnibus Appropriations Bill, which was passed by the House of 
Representatives on October 20, 1998. This Section arose out of a need 
to assist American victims of terrorism or extrajudicial killing in 
recovering assets of states that sponsor terrorism in order to help 
satisfy civil judgments against such state-sponsors.
  I would like to comment briefly on the operation of Section 117. 
Subsection (f)(1)(A) clarifies existing law to allow the post-judgment 
seizure of blocked foreign assets of terrorist states to help satisfy 
judgment resulting from actions brought against them under section 28 
USC 1605(a)(7), the Foreign Sovereign Immunities Act's exception to 
immunity for acts of state sponsored terrorism involving the death or 
personal injury of a United States national.
  Subsection (f)(2)(A) establishes requirements upon the Secretary of 
Treasury and Secretary of State to assist in the location of the 
blocked assets of terrorist states in order to facilitate attachment 
and execution. Section (d) allows the President to waive the 
requirements of Subsection (f)(2)(A). Section (d) however does not 
allow the waiver of subsection (f)(1)(A), as that subsection modifies 
existing law, but imposes no ``requirement.''
  The Clinton Administration understands the operation of Section (d)'s 
waiver and has strongly opposed it. During the negotiations over the 
Omnibus Appropriations Bill, the Administration vigorously sought to 
expand the scope of the waiver to include Subsection (f)(1)(A). Various 
proposals to expand the waiver to include Subsection (f)(1)(A) were 
received from Under Secretary of State Eizenstat, the National Security 
Counsel Staff and the Department of State's Office of the Legal 
Advisor. Each of these many proposals were rejected by Congress.
  The intent of Congress is clear. We will not tolerate the murder of 
our children in acts of

[[Page E2306]]

state sponsored terrorism. When a Court of competent jurisdiction has 
determined that a terrorist state has sponsored acts of terrorism 
resulting in the death or personal injury of a United States national, 
any and all of their assets in this country may be attached and 
executed to satisfy the judgment. The significant financial loss to 
terrorist states will be a critical deterrent to further acts of 
terrorism targeted at the citizens of this country. I applaud all those 
members who helped make section 117 a reality.

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