[Congressional Record Volume 145, Number 147 (Tuesday, October 26, 1999)]
[Senate]
[Pages S13185-S13186]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  By Mr. LAUTENBERG (for himself, Mr. Mack, Mr. Kyl, Mr. Graham, Mr. 
 Robb, Mr. Lott, Mr. Lieberman, Mr. Hatch, Mr. Conrad, Mr. Helms, Mr. 
 Torricelli, Mr. Specter, Mr. Moynihan, Mr. Hollings, Mr. Schumer, Mr. 
        Coverdell, Mr. Edwards, Mr. Cleland, and Mr. Santorum):

  S. 1796. A bill to modify the enforcement of certain anti-terrorism 
judgements, and for other purposes; to the Committee on the Judiciary.


                the justice for victims of terrorism act

  Mr. LAUTENBERG. Mr. President, I ask unanimous consent that the text 
of S. 1796 be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1796

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ENFORCEMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS.

       (a) Short Title.--This Act may be cited as the ``Justice 
     for Victims of Terrorism Act''.
       (b) Definition.--
       (1) In general.--Section 1603(b) of title 28, United States 
     Code, is amended--
       (A) in paragraph (3) by striking the period and inserting a 
     semicolon and ``and'';
       (B) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively;
       (C) by striking ``(b)'' through ``entity--'' and inserting 
     the following:
       ``(b) An `agency or instrumentality of a foreign state' 
     means--
       ``(1) any entity--''; and
       (D) by adding at the end the following:
       ``(2) for purposes of sections 1605(a)(7) and 1610 (a)(7) 
     and (f), any entity as defined under subparagraphs (A) and 
     (B) of paragraph (1), and subparagraph (C) of paragraph (1) 
     shall not apply.''.
       (2) Technical and conforming amendment.--Section 1391(f)(3) 
     of title 28, United States Code, is amended by striking 
     ``1603(b)'' and inserting ``1603(b)(1)''.
       (c) Enforcement of Judgments.--Section 1610(f) of title 28, 
     United States Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A) by striking ``(including any agency 
     or instrumentality or such state)'' and inserting 
     ``(including any agency or instrumentality of such state)''; 
     and
       (B) by adding at the end the following:

[[Page S13186]]

       ``(C) Notwithstanding any other provision of law, moneys 
     due from or payable by the United States (including any 
     agency, subdivision or instrumentality thereof) to any state 
     against which a judgment is pending under section 1605(a)(7) 
     shall be subject to attachment and execution, in like manner 
     and to the same extent as if the United States were a private 
     person.''; and
       (2) by adding at the end the following:
       ``(3)(A) Subject to subparagraph (B), upon determining on 
     an asset-by-asset basis that a waiver is necessary in the 
     national security interest, the President may waive this 
     subsection in connection with (and prior to the enforcement 
     of) any judicial order directing attachment in aid of 
     execution or execution against the premises of a foreign 
     diplomatic mission to the United States, or any funds held by 
     or in the name of such foreign diplomatic mission determined 
     by the President to be necessary to satisfy actual operating 
     expenses of such foreign diplomatic mission.
       ``(B) A waiver under this paragraph shall not apply to--
       ``(i) if the premises of a foreign diplomatic mission has 
     been used for any nondiplomatic purpose (including use as 
     rental property), the proceeds of such use; or
       ``(ii) if any asset of a foreign diplomatic mission is sold 
     or otherwise transferred for value to a third party, the 
     proceeds of such sale or transfer.
       ``(4) For purposes of this subsection, all assets of any 
     agency or instrumentality of a foreign state shall be treated 
     as assets of that foreign state.''.
       (d) Technical and Conforming Amendment.--Section 117(d) of 
     the Treasury Department Appropriations Act, 1999 (Public Law 
     105-277; 112 Stat. 2681-492) is repealed.
       (e) Effective Date.--The amendments made by this section 
     shall apply to any claim for which a foreign state is not 
     immune under section 1605(a)(7) of title 28, United States 
     Code, arising before, on, or after the date of enactment of 
     this Act.
                                 ______