[House Report 114-685]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-685
======================================================================
CLARIFYING AMENDMENT TO PROVIDE TERRORISM VICTIMS EQUITY ACT
_______
July 12, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Goodlatte, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 3394]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 3394) to amend the Terrorism Risk Insurance Act of
2002 to allow for the use of certain assets of foreign persons
and entities to satisfy certain judgments against terrorist
parties, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority and Tax Expenditures........................ 6
Congressional Budget Office Cost Estimate........................ 6
Duplication of Federal Programs.................................. 7
Disclosure of Directed Rule Makings.............................. 7
Performance Goals and Objectives................................. 7
Advisory on Earmarks............................................. 7
Section-by-Section Analysis...................................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clarifying Amendment to Provide
Terrorism Victims Equity Act'' or the ``CAPTIVE Act''.
SEC. 2. USE OF BLOCKED ASSETS TO SATISFY JUDGMENTS OF U.S. PERSONS
AGAINST TERRORIST PARTIES.
Section 201(d) of the Terrorism Risk Insurance Act of 2002 (28 U.S.C.
1610 note) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``means'';
(B) by amending paragraph (2)(A) to read as follows:
``(A) means any asset seized or frozen by the United
States under section 5(b) of the Trading With the Enemy
Act (50 U.S.C. App. 5(b)), under sections 202 and 203
of the International Emergency Economic Powers Act (50
U.S.C. 1701; 1702), or under section 805(b) of the
Foreign Narcotics Kingpin Designation Act (21 U.S.C.
1904(b)); and'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) Person.--In subsection (a), the term `person' means--
``(A) a natural person who, at the time the act of
terrorism described in subsection (a) was committed
upon which the judgment described in such subsection
was obtained by that person, was either--
``(i) a national of the United States as
defined in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(22));
``(ii) a member of the Armed Forces of the
United States; or
``(iii) otherwise an employee of the
Government of the United States, or of an
individual performing a contract awarded by the
United States Government, acting within the
scope of the employee's employment; or
``(B) if the person described in subparagraph (A) is
deceased, the personal representative of the estate of
that deceased person.''.
SEC. 3. APPLICABILITY.
The amendments made by this Act apply to any judgment described in
section 201(a) of the Terrorism Risk Insurance Act of 2002 (28 U.S.C.
1610 note) that is entered before, on, or after the date of the
enactment of this Act.
Purpose and Summary
H.R. 3394, the ``Clarifying Amendment to Provide Terrorism
Victims Equity Act'' or ``CAPTIVE Act,'' amends the Terrorism
Risk Insurance Act (TRIA) to allow U.S. victims of narco-
terrorism to satisfy court-awarded judgments against a
terrorist party from the ``blocked assets'' of that terrorist
party that have been frozen by the Federal Government under the
Foreign Narcotics Kingpin Designation Act (Kingpin Act). Under
TRIA, as currently written, only assets blocked under the
International Emergency Economic Powers Act and the Trading
with the Enemy Act are considered blocked assets.
Background and Need for the Legislation
A. SECTION 201 OF THE TERRORISM RISK INSURANCE ACT
Under statutes, like the terrorism exception to the Foreign
Sovereign Immunities Act (FSIA)\1\ and the civil liability
provision in the Anti-Terrorism Act (ATA),\2\ U.S. terrorism
victims have successfully obtained judgments against terrorist
parties that have caused them harm. However, after being
awarded such judgments, terrorism victims have often faced
practical and legal difficulties at the enforcement stage.
Assets of terrorist parties may not be present in the United
States and, to the extent they are present, they are often
either well concealed or seized or frozen by the Federal
Government.
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\1\28 U.S.C. Sec. 1605A.
\2\18 U.S.C. Sec. 2333.
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In 2002, in order to help lessen these enforcement burdens,
Congress passed section 201 of the Terrorism Risk Insurance
Act,\3\ which authorizes execution or attachment in aid of
execution in order to satisfy a terrorism judgment against a
terrorist party from the blocked assets of that terrorist
party. By permitting terrorism victims to attach blocked assets
in order to satisfy their terrorism-based judgments, TRIA
permits victims to bypass the usual requirement that a litigant
first obtain a license from the United States Department of the
Treasury Office of Foreign Assets Control (OFAC) in order to
attach blocked assets.\4\ Section 201(a) of TRIA provides
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\3\Terrorism Risk Insurance Act (TRIA), Pub. L. 107-297 201(a),
Sec. 201, 116 Stat. 2337 (28 U.S.C. Sec. 1610 note).
\4\See, e.g., 31 C.F.R. Sec. Sec. 515.201, 515.310 (CACR)
(requiring a license for attachment); id. Sec. Sec. 535.201, 535.310
(Iran Assets Control Regulations) (same); id. Sec. Sec. 594.201,
594.312 (GTSR) (same).
Notwithstanding any other provision of law . . . , 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 1605A or 1605(a)(7) (as such
section was in effect on January 27, 2008) of title 28,
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.\5\
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\5\TRIA Sec. 201(a).
Accordingly, the elements a terrorism victim is required to
establish before executing on a blocked asset under section 201
are quite straightforward. The victim must first establish that
he or she has obtained a judgment against a terrorist party
that is for either a claim based on an act of terrorism or a
claim for which a terrorist party is not immune under the
terrorism exception to FSIA. The victim must then show that the
assets are blocked as that term is defined in TRIA. And,
finally, the total amount of the execution cannot exceed the
amount of compensatory damages. If the victim wants to execute
against the assets of a terrorist party's agency or
instrumentality, he or she must further prove that the
purported agency or instrumentality is actually an agency or
instrumentality of the terrorist party against whom he or she
holds a judgment.
As currently defined in TRIA, a ``blocked asset'' is any
asset seized or frozen by the United States pursuant to section
5(b) of the Trading with the Enemy Act\6\ (TWEA) or sections
202 and 203 of the International Emergency Economic Powers
Act\7\ (IEEPA).\8\ Both TWEA and IEEPA authorize the President
to freeze the assets of foreign enemies and their agencies and
instrumentalities so that the President may dispose of these
assets in the manner that best furthers the United States'
foreign-relations and national-security interests. Assets
become blocked under TWEA or IEEPA when OFAC designates the
owner of the assets under those Acts.\9\
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\6\50 U.S.C. app. Sec. Sec. 1-44.
\7\50 U.S.C. Sec. Sec. 1701-1708.
\8\TRIA Sec. 201(d)(2)(A).
\9\OFAC specifies the jurisdictional basis (the statute under which
an individual or entity is designated) for any designation it makes.
Thus, the blocking of an asset by OFAC does not necessarily bring that
asset within the coverage of TRIA.
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In addition to TWEA and IEEPA, the President may also block
the assets of designated foreign narcotics traffickers under
the Kingpin Act. Section 805(b) of the Kingpin Act blocks all
property and interests in property within the United States, or
within the possession or control of any U.S. person, which are
owned or controlled by significant foreign narcotics
traffickers, as identified by the President, or foreign persons
designated by the Secretary of the Treasury after consultation
with the Attorney General, the Director of Central
Intelligence, the Director of the Federal Bureau of
Investigation, the Administrator of the Drug Enforcement
Administration, the Secretary of Defense, the Secretary of
Homeland Security, and the Secretary of State, as meeting the
criteria in the Kingpin Act.\10\
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\10\21 U.S.C. Sec. 1904(b).
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Although the Kingpin Act has its genesis in a blocking
order issued by President Clinton under IEEPA,\11\ assets
blocked pursuant to the Kingpin Act are not considered
``blocked assets'' for purposes of TRIA. Accordingly, under
current law, assets blocked under the Kingpin Act are not
available to satisfy judgments of terrorism victims against
terrorist parties that are both terrorist parties and drug
kingpins to the extent that their assets are only frozen under
the Kingpin Act.\12\
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\11\Exec. Order No. 12978, 60 Fed. Reg. 54579 (October 24, 1995).
In 1999, Congress enacted the Kingpin Act based partially upon the
successful application of IEEPA against Colombian narcotics traffickers
by Executive Order 12978. H.R. Rep. No. 106-457, at 22, 42-43 (1999)
(Conf. Rep.).
\12\Stansell v. Revolutionary Armed Forces of Colombia, 704 F.3d
910, 915-17 (11th Cir. 2013) (holding that ``assets frozen pursuant to
the Kingpin Act are not `blocked assets' under the Terrorism Act'').
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B. THE CAPTIVE ACT
The CAPTIVE Act amends TRIA in two small, but important
ways. First, it amends the definition of ``blocked asset''
under TRIA such that an asset of a terrorist party that is
blocked under the Kingpin Act is subject to execution or
attachment in aid of execution in order to satisfy a terrorism
judgment against that terrorist party to the extent of any
compensatory damages for which the terrorist party has been
adjudged liable. As is explained above, ``blocked asset'' is
currently defined only to include assets seized or frozen under
TWEA and IEEPA.
This presents a problem in cases in which a terrorist
party's assets (or the assets of an agency or instrumentality
of a terrorist party) are blocked pursuant only to the Kingpin
Act. One such case involved the victims of a terrorist attack
by the Revolutionary Armed Forces of Colombia (FARC). On
February 13, 2003, Keith Stansell, Marc Gonsalves, Thomas
Howes, and Thomas Janis were flying over Colombia while
performing counter-narcotics reconnaissance. Members of FARC
shot their plane down and, after a crash landing, captured the
group. FARC immediately executed Janis and took the other
survivors hostage, holding them for over 5 years. After they
were rescued and returned to the United States, Stansell,
Gonsalves, Howes, and Janis's wife and his surviving children
successfully brought suit against FARC under the Anti-Terrorism
Act.\13\ This group of victims though has had difficulty
satisfying this judgment against FARC.
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\13\Id. at 913. (noting that the victims sued FARC in the U.S.
District Court for the Middle District of Florida under the civil
remedies provisions of the Anti-Terrorism Act, 18 U.S.C. Sec. 2333, and
obtained a default judgment against FARC).
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FARC has been designated as both a ``Specially Designated
Global Terrorist,'' under IEEPA, and a ``Significant Foreign
Narcotics Trafficker,'' under the Kingpin Act. However, to the
extent any FARC assets exist within the jurisdiction of the
United States, such assets are well concealed. Because of the
difficulty inherent in the direct execution of the judgment
against FARC, these victims have sought to satisfy their award
by attaching the assets of agencies or instrumentalities of
FARC pursuant to section 201(a) of TRIA. But even this strategy
has proved difficult as the only identifiable blocked assets of
FARC agencies and instrumentalities are designated under the
Kingpin Act, rather than under IEEPA or TWEA, making them
outside TRIA's ambit. The CAPTIVE Act, by adding assets blocked
pursuant to the Kingpin Act to the definition of ``blocked
asset'' in TRIA, addresses this issue for victims of
terrorists' acts carried out by narco-terrorists like FARC.
Second, to make TRIA consistent with the civil liability
provision in the ATA\14\ and the state-sponsored terrorism
exception to FSIA,\15\ the CAPTIVE Act defines ``person'' as it
is used in section 201(a) of TRIA to be limited to U.S.
nationals, members of the armed forces, and U.S. government
employees and contractors. This change will prevent foreign
nationals, who Congress has specifically excluded from the ATA
and state-sponsored terrorism FSIA cases, from using TRIA to
defeat the efforts of U.S. terrorism victims to enforce their
compensatory damages judgments from the limited pool of blocked
assets.
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\14\18 U.S.C. Sec. 2333 (only a ``national of the United States''
may bring a claim under the civil liability provision in the Anti-
Terrorism Act).
\15\28 U.S.C. Sec. 1605A (the private right of action provided for
in the terrorism exception to the Foreign Sovereign Immunities Act is
limited to U.S. nationals, members of the armed forces, and U.S.
government employees and contractors).
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Hearings
The Committee on the Judiciary held no hearings on H.R.
3394.
Committee Consideration
On April 27, 2016, the Committee met in open session and
ordered the bill, H.R. 3394, favorably reported, with an
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 3394.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 3394, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 24, 2016.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3394, the
``Clarifying Amendment to Provide Terrorism Victims Equity
Act.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Stephen
Rabent, who can be reached at 226-2860.
Sincerely,
Keith Hall,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 3394--Clarifying Amendment to Provide Terrorism Victims Equity
Act.
As ordered reported by the House Committee on the Judiciary
on April 27, 2016.
H.R. 3394 would amend the Terrorism Risk Insurance Program
(TRIP). CBO estimates that implementing H.R. 3394 would have no
significant effect on the federal budget.
Under current law, TRIP authorizes the use of the blocked
assets of groups designated as terrorist parties to settle
claims related to acts of terrorism perpetrated by those
groups.\1\ H.R. 3394 would permit the blocked assets to remain
available to satisfy claims arising from judgments against a
terrorist group even if the group later loses that designation.
H.R. 3394 also would expand the definition of blocked asset to
include assets seized or frozen under the Foreign Narcotics
Kingpin Designation Act. On the basis of information from the
Department of the Treasury, CBO estimates that implementing the
bill would have no significant cost to the federal government.
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\1\Blocked assets are defined in TRIP as certain assets seized or
frozen by the United States under the Trading With the Enemy Act or the
International Emergency Powers Act.
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Enacting H.R. 3394 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 3394 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 3394 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Stephen Rabent.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Duplication of Federal Programs
No provision of H.R. 3394 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 3394 specifically directs
to be completed no specific rule makings within the meaning of
5 U.S.C. Sec. 551.
Performance Goals and Objectives
The Committee states that, pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
3394 amends section 201 of the Terrorism Risk Insurance Act to
make assets that are seized or frozen under the Foreign
Narcotics Kingpin Designation Act available for execution or
attachment in aid of execution to satisfy judgments of U.S.
terrorism victims.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 3394 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Section 1. Short Title.
Section 1 provides for the short title of the legislation,
the ``Clarifying Amendment to Provide Terrorism Victims Equity
Act'' or the ``CAPTIVE Act.''
Section 2. Use of Blocked Assets to Satisfy Judgments of U.S. Persons
Against Terrorist Parties.
Section 2 amends section 201(d) of the Terrorism Risk
Insurance Act of 2002 (28 U.S.C. Sec. 1610 note) in order to
add assets seized or frozen by the United States under section
805(b) of the Foreign Narcotics Kingpin Designation Act (21
U.S.C. Sec. 1904(b)) to the definition of ``blocked asset.'' In
addition, section 2 adds a definition of ``person'' to section
201(d). Under the CAPTIVE Act, ``person'' is defined as a
natural person who, at the time of the act of terrorism upon
which the eligible judgment is based, was (1) a national of the
United States, (2) a member of the Armed Forces of the United
States, (3) otherwise an employee of the Federal Government or
an individual performing a Federal Government contract, or (4)
the personal representative of the estate of a deceased person
described in clauses (1), (2), or (3).
Section 3. Applicability.
Section 3 provides that the amendments made by the CAPTIVE
Act shall apply to any judgment described in section 201(a) of
the Terrorism Risk Insurance Act of 2002 (28 U.S.C. Sec. 1610
note) entered before, on, or after the date of the enactment of
the Act. This protects terrorist victim judgment holders'
rights by clarifying that the changes to existing law made by
the bill apply retroactively to previously entered judgments on
liability for acts of terrorism.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TERRORISM RISK INSURANCE ACT OF 2002
* * * * * * *
TITLE II--TREATMENT OF TERRORIST ASSETS
SEC. 201. SATISFACTION OF JUDGMENTS FROM BLOCKED 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 1605A or 1605(a)(7)
(as such section was in effect on January 27, 2008) 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) [Omitted Amendatory]
(d) Definitions.--In this section, the following definitions
shall apply:
(1) Act of terrorism.--The term ``act of terrorism''
means--
(A) any act or event certified under section
102(1); or
(B) to the extent not covered by subparagraph
(A), any terrorist activity (as defined in
section 212(a)(3)(B)(iii) of the Immigration
and Nationality Act (8 U.S.C.
1182(a)(3)(B)(iii))).
(2) Blocked asset.--The term ``blocked asset''
[means]--
[(A) any asset seized or frozen by the United
States under section 5(b) of the Trading With
the Enemy Act (50 U.S.C. App. 5(b)) or under
sections 202 and 203 of the International
Emergency Economic Powers Act (50 U.S.C. 1701;
1702); and]
(A) means any asset seized or frozen by the
United States under section 5(b) of the Trading
With the Enemy Act (50 U.S.C. App. 5(b)), under
sections 202 and 203 of the International
Emergency Economic Powers Act (50 U.S.C. 1701;
1702), or under section 805(b) of the Foreign
Narcotics Kingpin Designation Act (21 U.S.C.
1904(b)); and
(B) does not include property that--
(i) is subject to a license issued by
the United States Government for final
payment, transfer, or disposition by or
to a person subject to the jurisdiction
of the United States in connection with
a transaction for which the issuance of
such license has been specifically
required by statute other than the
International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) or the
United Nations Participation Act of
1945 (22 U.S.C. 287 et seq.); or
(ii) in the case of property subject
to the Vienna Convention on Diplomatic
Relations or the Vienna Convention on
Consular Relations, or that enjoys
equivalent privileges and immunities
under the law of the United States, is
being used exclusively for diplomatic
or consular purposes.
(3) Certain property.--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.
(4) Person.--In subsection (a), the term ``person''
means--
(A) a natural person who, at the time the act
of terrorism described in subsection (a) was
committed upon which the judgment described in
such subsection was obtained by that person,
was either--
(i) a national of the United States
as defined in section 101(a)(22) of the
Immigration and Nationality Act (8
U.S.C. 1101(a)(22));
(ii) a member of the Armed Forces of
the United States; or
(iii) otherwise an employee of the
Government of the United States, or of
an individual performing a contract
awarded by the United States
Government, acting within the scope of
the employee's employment; or
(B) if the person described in subparagraph
(A) is deceased, the personal representative of
the estate of that deceased person.
[(4)] (5) Terrorist party.--The term ``terrorist
party'' means a terrorist, a terrorist organization (as
defined in section 212(a)(3)(B)(vi) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))), 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).
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