THIS SEARCH     THIS DOCUMENT     GO TONext Hit        Forward           New Bills SearchPrev Hit        Back              HomePageHit List        Best Sections     Help                Doc Contents

H.R.3244

Victims of Trafficking and Violence Protection Act of 2000(Enrolled Bill (Sent to President))

 

 

SEC. 2002. PAYMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS.

 

 

  • (1) IN GENERAL- Subject to subsections (b) and (c), the Secretary of the Treasury shall pay each person described in paragraph (2), at the person's election--

 

  • (A) 110 percent of compensatory damages awarded by judgment of a court on a claim or claims brought by the person under section 1605(a)(7) of title 28, United States Code, plus amounts necessary to pay post-judgment interest under section 1961 of such title, and, in the case of a claim or claims against Cuba, amounts awarded as sanctions by judicial order on April 18, 2000 (as corrected on June 2, 2000), subject to final appellate review of that order; or

 

  • (B) 100 percent of the compensatory damages awarded by judgment of a court on a claim or claims brought by the person under section 1605(a)(7) of title 28, United States Code, plus amounts necessary to pay post-judgment interest, as provided in section 1961 of such title, and, in the case of a claim or claims against Cuba, amounts awarded as sanctions by judicial order on April 18, 2000 (as corrected June 2, 2000), subject to final appellate review of that order.

 

  • Payments under this subsection shall be made promptly upon request.

 

  • (2) PERSONS COVERED- A person described in this paragraph is a person who--

 

  • (A)(i) as of July 20, 2000, held a final judgment for a claim or claims brought under section 1605(a)(7) of title 28, United States Code, against Iran or Cuba, or the right to payment of an amount awarded as a judicial sanction with respect to such claim or claims; or

 

  • (ii) filed a suit under such section 1605(a)(7) on February 17, 1999, December 13, 1999, January 28, 2000, March 15, 2000, or July 27, 2000;

 

  • (B) relinquishes all claims and rights to compensatory damages and amounts awarded as judicial sanctions under such judgments;

 

  • (C) in the case of payment under paragraph (1)(A), relinquishes all rights and claims to punitive damages awarded in connection with such claim or claims; and

 

  • (D) in the case of payment under paragraph (1)(B), relinquishes all rights to execute against or attach property that is at issue in claims against the United States before an international tribunal, that is the subject of awards rendered by such tribunal, or that is subject to section 1610(f)(1)(A) of title 28, United States Code.

 

 

  • (1) JUDGMENTS AGAINST CUBA- For purposes of funding the payments under subsection (a) in the case of judgments and sanctions entered against the Government of Cuba or Cuban entities, the President shall vest and liquidate up to and not exceeding the amount of property of the Government of Cuba and sanctioned entities in the United States or any commonwealth, territory, or possession thereof that has been blocked pursuant to section 5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)), sections 202 and 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701-1702), or any other proclamation, order, or regulation issued thereunder. For the purposes of paying amounts for judicial sanctions, payment shall be made from funds or accounts subject to sanctions as of April 18, 2000, or from blocked assets of the Government of Cuba.

 

  • (2) JUDGMENTS AGAINST IRAN- For purposes of funding payments under subsection (a) in the case of judgments against Iran, the Secretary of the Treasury shall make such payments from amounts paid and liquidated from--

 

  • (A) rental proceeds accrued on the date of the enactment of this Act from Iranian diplomatic and consular property located in the United States; and

 

  • (B) funds not otherwise made available in an amount not to exceed the total of the amount in the Iran Foreign Military Sales Program account within the Foreign Military Sales Fund on the date of the enactment of this Act.

 

 

 

 

 

  • (A) in paragraphs (2)(A) and (2)(B)(ii), by striking `shall' each place it appears and inserting `should make every effort to'; and

 

  • (B) by adding at the end the following new paragraph:

 

  • `(3) WAIVER- The President may waive any provision of paragraph (1) in the interest of national security.'.

 

 

SEC. 2003. AID FOR VICTIMSOF TERRORISM.

 

 

  • (1) IN GENERAL- Section 1404B(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10603b(a)) is amended as follows:

 

 

  • `(1) IN GENERAL- The Director may make supplemental grants as provided in 1402(d)(5) to States, victim service organizations, and public agencies (including Federal, State, or local governments) and nongovernmental organizations that provide assistance to victims of crime, which shall be used to provide emergency relief, including crisis response efforts, assistance, training, and technical assistance, and ongoing assistance, including during any investigation or prosecution, to victims of terrorist acts or mass violence occurring outside the United States who are not persons eligible for compensation under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986.

 

  • `(2) VICTIM DEFINED- In this subsection, the term `victim'--

 

  • `(A) means a person who is a national of the United States or an officer or employee of the United States Government who is injured or killed as a result of a terrorist act or mass violence occurring outside the United States; and

 

  • `(B) in the case of a person described in subparagraph (A) who is less than 18 years of age, incompetent, incapacitated, or deceased, includes a family member or legal guardian of that person.

 

  • `(3) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to allow the Director to make grants to any foreign power (as defined by section 101(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)) or to any domestic or foreign organization operated for the purpose of engaging in any significant political or lobbying activities.'.

 

  • (2) APPLICABILITY- The amendment made by this subsection shall apply to any terrorist act or mass violence occurring on or after December 21, 1988, with respect to which an investigation or prosecution was ongoing after April 24, 1996.

 

  • (3) ADMINISTRATIVE PROVISION- Not later than 90 days after the date of the enactment of this Act, the Director shall establish guidelines under section 1407(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10604(a)) to specify the categories of organizations and agencies to which the Director may make grants under this subsection.

 

  • (4) TECHNICAL AMENDMENT- Section 1404B(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10603b(b)) is amended by striking `1404(d)(4)(B)' and inserting `1402(d)(5)'.

 

 

  • (1) CAP INCREASE- Section 1402(d)(5)(A) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)(A)) is amended by striking `$50,000,000' and inserting `$100,000,000'.

 

  • (2) TRANSFER- Section 1402(e) of the Victims of Crime Act of 1984 (42 U.S.C 10601(e)) is amended by striking `in excess of $500,000' and all that follows through `than $500,000' and inserting `shall be available for deposit into the emergency reserve fund referred to in subsection (d)(5) at the discretion of the Director. Any remaining unobligated sums'.

 

 

  • (1) IN GENERAL- The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after section 1404B the following:

 

`SEC. 1404C. COMPENSATION TO VICTIMSOF INTERNATIONAL TERRORISM.

 

 

  • `(1) INTERNATIONAL TERRORISM- The term `international terrorism' has the meaning given the term in section 2331 of title 18, United States Code.

 

  • `(2) NATIONAL OF THE UNITED STATES- The term `national of the United States' has the meaning given the term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).

 

  • `(3) VICTIM-

 

  • `(A) IN GENERAL- The term `victim' means a person who--

 

  • `(i) suffered direct physical or emotional injury or death as a result of international terrorism occurring on or after December 21, 1988 with respect to which an investigation or prosecution was ongoing after April 24, 1996; and

 

  • `(ii) as of the date on which the international terrorism occurred, was a national of the United States or an officer or employee of the United States Government.

 

  • `(B) INCOMPETENT, INCAPACITATED, OR DECEASED VICTIMS - In the case of a victim who is less than 18 years of age, incompetent, incapacitated, or deceased, a family member or legal guardian of the victim may receive the compensation under this section on behalf of the victim.

 

  • `(C) EXCEPTION- Notwithstanding any other provision of this section, in no event shall an individual who is criminally culpable for the terrorist act or mass violence receive any compensation under this section, either directly or on behalf of a victim.

 

 

 

  • `(1) an explanation of the procedures for filing and processing of applications for compensation;

 

  • `(2) a description of the procedures and policies instituted to promote public awareness about the program;

 

  • `(3) a complete statistical analysis of the victims assisted under the program, including--

 

  • `(A) the number of applications for compensation submitted;

 

  • `(B) the number of applications approved and the amount of each award;

 

  • `(C) the number of applications denied and the reasons for the denial;

 

  • `(D) the average length of time to process an application for compensation; and

 

  • `(E) the number of applications for compensation pending and the estimated future liability of the program; and

 

  • `(4) an analysis of future program needs and suggested program improvements.'.

 

  • (2) CONFORMING AMENDMENT- Section 1402(d)(5)(B) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)(B)) is amended by inserting `, to provide compensation to victims of international terrorism under the program under section 1404C,' after `section 1404B'.

 

 

SEC. 2004. TWENTY-FIRST AMENDMENT ENFORCEMENT.

 

 

`SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT.

 

 

  • `(1) the term `attorney general' means the attorney general or other chief law enforcement officer of a State or the designee thereof;

 

  • `(2) the term `intoxicating liquor' means any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind;

 

  • `(3) the term `person' means any individual and any partnership, corporation, company, firm, society, association, joint stock company, trust, or other entity capable of holding a legal or beneficial interest in property, but does not include a State or agency thereof; and

 

  • `(4) the term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.

 

 

  • `(1) restrain the person from engaging, or continuing to engage, in the violation; and

 

  • `(2) enforce compliance with the State law.

 

 

  • `(1) IN GENERAL- The district courts of the United States shall have jurisdiction over any action brought under this section by an attorney general against any person, except one licensed or otherwise authorized to produce, sell, or store intoxicating liquor in such State.

 

  • `(2) VENUE- An action under this section may be brought only in accordance with section 1391 of title 28, United States Code, or in the district in which the recipient of the intoxicating liquor resides or is found.

 

  • `(3) FORM OF RELIEF- An action under this section is limited to actions seeking injunctive relief (a preliminary and/or permanent injunction).

 

  • `(4) NO RIGHT TO JURY TRIAL- An action under this section shall be tried before the court.

 

 

  • `(1) IN GENERAL- In any action brought under this section, upon a proper showing by the attorney general of the State, the court may issue a preliminary or permanent injunction to restrain a violation of this section. A proper showing under this paragraph shall require that a State prove by a preponderance of the evidence that a violation of State law as described in subsection (b) has taken place or is taking place.

 

  • `(2) ADDITIONAL SHOWING FOR PRELIMINARY INJUNCTION- No preliminary injunction may be granted except upon--

 

  • `(A) evidence demonstrating the probability of irreparable injury if injunctive relief is not granted; and

 

  • `(B) evidence supporting the probability of success on the merits.

 

  • `(3) NOTICE- No preliminary or permanent injunction may be issued under paragraph (1) without notice to the adverse party and an opportunity for a hearing.

 

  • `(4) FORM AND SCOPE OF ORDER- Any preliminary or permanent injunction entered in an action brought under this section shall--

 

  • `(A) set forth the reasons for the issuance of the order;

 

  • `(B) be specific in terms;

 

  • `(C) describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and

 

  • `(D) be binding upon--

 

  • `(i) the parties to the action and the officers, agents, employees, and attorneys of those parties; and

 

  • `(ii) persons in active concert or participation with the parties to the action who receive actual notice of the order by personal service or otherwise.

 

  • `(5) ADMISSIBILITY OF EVIDENCE- In a hearing on an application for a permanent injunction, any evidence previously received on an application for a preliminary injunction in connection with the same civil action and that would otherwise be admissible, may be made a part of the record of the hearing on the permanent injunction.

 

 

  • `(1) under the twenty-first article of amendment to the Constitution of the United States as such article of amendment is interpreted by the Supreme Court of the United States including interpretations in conjunction with other provisions of the Constitution of the United States; and

 

  • `(2) under the first section herein as such section is interpreted by the Supreme Court of the United States; but shall not be construed to grant to States any additional power.

 

 

  • `(1) IN GENERAL- A remedy under this section is in addition to any other remedies provided by law.

 

  • `(2) STATE COURT PROCEEDINGS- Nothing in this section may be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any State law.

THIS SEARCH     THIS DOCUMENT     GO TONext Hit        Forward           New Bills SearchPrev Hit        Back              HomePageHit List        Best Sections     Help                Doc Contents