*EPF104 12/10/2001
Text: Bill to Allow U.S. Terror Victims Access to Terrorist Assets
(S. 1772 would include assets of state sponsors of terrorism) (710)

Senator Robert Smith (Republican of New Hampshire) has introduced a bill in the Senate that could prove very costly to terrorists and their state sponsors.

Smith submitted S. 1772 to the Senate December 5, and the bill was referred to the Senate Judiciary Committee.

S. 1772 would provide American victims of terrorism access to "the blocked assets of terrorists, terrorist organizations, and state sponsors of terrorism," according to the bill's author.

Titled the Justice for Victims of Terrorism Act, the proposed legislation would allow a successful litigant against a terrorist to receive "the frozen assets of that terrorist party, or any agency or instrumentality of that terrorist party" as part of the judgment.

The President would have the power to waive the enforcement of such a judgment for national security interests.

Following is the text of S. 1772 from the Congressional Record:

(begin text)

Justice for Victims of Terrorism Act
Introduced in the Senate
S 1772 IS

107th CONGRESS
1st Session

S. 1772

To ensure that American victims of terrorism have access to the blocked assets of terrorists, terrorist organizations, and state sponsors of terrorism.

IN THE SENATE OF THE UNITED STATES

December 5, 2001

Mr. SMITH of New Hampshire introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To ensure that American victims of terrorism have access to the blocked assets of terrorists, terrorist organizations, and state sponsors of terrorism.

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 'Justice for Victims of Terrorism Act'.

SEC. 2. SATISFACTION OF JUDGEMENTS FROM FROZEN ASSETS OF TERRORISTS, TERRORIST ORGANIZATIONS, AND STATE SPONSORS OF TERRORISM.

(a) IN GENERAL- Except as provided in subsection (b), in every case in which a person obtains a judgment against a terrorist party on a claim for compensatory damages for an act of terrorism, or a claim for money damages brought pursuant to section 1605(a)(7) of title 28, United States Code, the frozen assets of that terrorist party, or any agency or instrumentality of that terrorist party, shall be available for satisfaction of the judgment, to the extent of any compensatory damages awarded in the judgment for which the terrorist party is liable.

(b) Presidential Waiver-

(1) 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 this section 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) A waiver under this subsection shall not apply to--

(A) property subject to the Vienna Convention on Consular Relations that has been used for any non-diplomatic purpose (including use as rental property), the proceeds of such use; or

(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, the proceeds of such sale or transfer.

SEC. 3. DEFINITIONS.

In this Act:

(1) 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) The term `frozen assets' means assets seized or frozen by the United States in accordance with law.

(3) 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.

(end text)

(Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)

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