[Congressional Record Volume 144, Number 152 (Thursday, November 12, 1998)]
[Extensions of Remarks]
[Pages E2307-E2308]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   CONFERENCE REPORT ON H.R. 4328, DEPARTMENT OF TRANSPORTATION AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 1999

                                 ______
                                 

                        HON. BILL PASCRELL, JR.

                             of new jersey

                    in the house of representatives

                      Thursday, November 12, 1998

  Mr. PASCRELL. Mr. Speaker, I strongly support Section 117 of the 
Treasury Appropriations Conference Report now part of the FY 1999 
Omnibus Appropriations Bill, which passed the House of Representatives 
on October 20, 1998. This Section arose out of a need to assist 
American victims of terrorism in recovering assets of states that 
sponsor terrorism in order to help satisfy civil judgments against such 
state-sponsors. The purpose of this provision is to put teeth into the 
laws that this Congress has passed regarding those nations who sponsor 
terrorism.
  I would like to briefly comment and clarify 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 judgments resulting from actions brought against them under 
Section 28 U.S.C. 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 
the Treasury and Secretary of State to assist in locating the blocked 
assets of terrorist states in order to facilitate attachment and 
execution. Section (d)

[[Page E2308]]

allows the President to waive the requirements of Subsection (f)(2)(A). 
Section (d) does not, however, allow the waiver of subsection 
(f)(1)(A), as that subsection modifies existing law, but imposes no 
``requirement.''
  The intent of Congress is clear and unambiguous. The provision under 
discussion, Section 117, is designed to send a message around the globe 
to those nations who sponsor terrorism. That message is 
straightforward--your assets are no longer protected from justice. The 
United States will no longer sit idly on the sidelines when our 
citizens and children are ruthlessly murdered in acts of 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 reality of significant financial 
loss to terrorist states will be a critical deterrent to further acts 
of terrorism targeted at the citizens of this country.

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