H.R. 857House109th Congress (2005-2007)In Committee

American-Owned Property in Occupied Cyprus Claims Act

Introduced February 16, 2005

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Immigration, Border Security, and Claims.

April 4, 2005

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HouseIntro Referral

Introduced in House

February 16, 2005

HouseIntro Referral

Referred to the Committee on International Relations, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

February 16, 2005

HouseCommittee

Referred to the Subcommittee on Middle East and Central Asia.

March 17, 2005

HouseCommittee

Referred to the Subcommittee on Immigration, Border Security, and Claims.

April 4, 2005

Floor Debate

24 members

What members said about H.R. 857 on the floor

11 Republicans13 Democrats
Ed Whitfield
Rep. Ed WhitfieldR-KY-1 · Sep 7, 2006

Mr. Chairman, parliamentary inquiry. Mr. Chairman, some of us were late coming to the floor. I would like an explanation of the division of the time on this debate. Mr. Chairman, what is the time…

John E. Sweeney
Rep. John E. SweeneyR-NY-20 · Sep 7, 2006

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, today we are going to have a serious discussion that in my estimation is long overdue. Since 1979, Members of Congress, with the…

Collin C. Peterson
Rep. Collin C. PetersonD-MN-7 · Sep 7, 2006

Mr. Chairman, I yield myself such time as I might consume. Mr. Chairman, I rise today in opposition to this bill that is before us. When we all look at all of the important issues waiting for…

Bob Goodlatte
Rep. Bob GoodlatteR-VA-6 · Sep 7, 2006

Mr. Chairman, at this time, I am pleased to yield 2\1/ 4\ minutes to the gentleman from North Carolina (Mr. Hayes), the chairman of the Livestock Subcommittee of the Agriculture Committee. Mr.…

Steve King
Rep. Steve KingR-IA-5 · Sep 7, 2006

Madam Chairman, I thank the chairman for yielding and for leading this cause. I rise in opposition to H.R. 503. H.R. 503, the Horse Protection Act, would ban the processing of horses for human…

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Janice D. Schakowsky
Rep. Janice D. SchakowskyD-IL-9 · Sep 7, 2006

Mr. Chairman, I yield myself such time as I may consume. I rise in strong support of H.R. 503, the American Horse Slaughter Prevention Act, which would put an end to the deplorable practice of…

Joe Barton
Rep. Joe BartonR-TX-6 · Sep 7, 2006

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I know that H.R. 503 is an emotional issue for many people. It is my hope that this debate will give us a chance to look beyond…

Walter B. Jones
Rep. Walter B. JonesR-NC-3 · Sep 7, 2006

Madam Chairman, I thank the gentleman from Kentucky. Madam Chairman, I decided I wanted to come to the floor today and not share my thoughts on this issue, but the thoughts of an American citizen.…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-14 · Jul 20, 2005

Madam Speaker, I rise to commemorate the 31st anniversary of the 1974 illegal Turkish invasion of Cyprus. I have commemorated this day each year since I became a Member of Congress. PSEKA, the…

C. L. (Butch) Otter
Rep. C. L. (Butch) OtterR-ID-1 · Sep 7, 2006

Mr. Chairman, I yield myself such time as I may consume. I submit for the Record an editorial from the Dallas Morning News and also an editorial from the Star-Telegram. A Humane End: Slaughter…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Sep 7, 2006

I thank the gentlewoman. This is about politics not policy. The policy, I am going to support. This is about politics. It is about the election of one Member in a very hotly contested race in New…

Nick J. Rahall II
Rep. Nick J. Rahall IID-WV-3 · Sep 7, 2006

Madam Chairman, I thank the gentlewoman from Illinois for yielding me the time. Madam Chairman, I rise in strong support of the American Horse Slaughter Prevention Act. The House has gone on the…

Barbara Cubin
Rep. Barbara CubinR-WY · Sep 7, 2006

Madam Chairman, I would like to make this very clear: if you believe in the humane treatment of animals, this bill takes us a step backwards. If you believe in preserving a balanced and natural…

Show 11 more
Mac Thornberry
Rep. Mac ThornberryR-TX-13 · Sep 7, 2006

Madam Chairman, I have been around and worked with horses all my life. I think I have as much appreciation and admiration for these creatures as anyone in this body; but I am very much opposed to…

John M. Spratt, Jr.
Rep. John M. Spratt, Jr.D-SC-5 · Sep 7, 2006

Mr. Chairman, I am an original cosponsor of this bill, along with Mr. Whitfield and Mr. Sweeney. This bill is to prevent the violent practice of slaughtering horses for human consumption. Why are we…

John T. Salazar
Rep. John T. SalazarD-CO-3 · Sep 7, 2006

Mr. Chairman, I thank the gentleman from Minnesota. I have been a farmer and rancher all of my life, still live on the original family farmstead that my great great grandfather settled back in 1860.…

John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-14 · Sep 7, 2006

Madam Chairman, this week the census bureau released a report showing that for the first time since 1998, the number of uninsured children increased. Of the 8.3 million children without health…

Charles A. Gonzalez
Rep. Charles A. GonzalezD-TX-20 · Sep 7, 2006

Madam Chairman, I thank my colleague from Illinois for allowing me the 3 minutes on this particular issue. I think much has been said, but I think if we look at it as legislators, our profession, our…

Robin Hayes
Rep. Robin HayesR-NC-8 · Sep 7, 2006

Mr. Chairman, I thank the gentleman for yielding. Mr. Chairman, I rise in strong opposition to H.R. 503. This is a bill that has tremendous shortcomings, will cause major negative disruptions…

Mark Udall
Rep. Mark UdallD-CO-2 · Sep 7, 2006

Madam Chairman, I cannot support this bill in its present form. I understand and appreciate the views of its proponents, many of them in Colorado, who are distressed about the fact that three…

K. Michael Conaway
Rep. K. Michael ConawayR-TX-11 · Sep 7, 2006

I want to thank Mr. Peterson for allowing me to speak today. To set the record straight, I love horses. I own a horse. In fact, my horse, Skychief Poco, and I won the 1997 SandHills Rodeo and quarter…

James P. Moran
Rep. James P. MoranD-VA-8 · Sep 7, 2006

Madam Chairman, I very much thank the distinguished gentleman from Kentucky for yielding. I oppose this amendment because it is not about Native Americans. It is about creating one more loophole. And…

John D. Dingell
Rep. John D. DingellD-MI-15 · Sep 7, 2006

I thank the gentleman for yielding me time. I love the people who are pushing this bill, but it is a bad bill. It is triumph of emotion over common sense. We have before us a solution, a poor one, to…

Dennis J. Kucinich
Rep. Dennis J. KucinichD-OH-10 · Sep 7, 2006

Madam Chairman, I rise today in honor of our country's beloved horses. It is my hope that Congress will pass H.R. 503 unamended, the American Horse Slaughter Prevention Act. This bill will end horse…

Bill Text

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Introduced in HouseIssued February 16, 2005
        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 857 Introduced in House (IH)]

109th CONGRESS
1st Session
H. R. 857

To amend the International Claims Settlement Act of 1949 to allow for
certain claims of nationals of the United States against Turkey, and
for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 16, 2005

Mr. Pallone (for himself, Mr. Bilirakis, Mrs. Maloney, Mr. Calvert, Mr.
Van Hollen, Mr. LoBiondo, Mr. Andrews, Mr. Rogers of Alabama, Mr.
Hinchey, Mr. Menendez, Mr. McGovern, and Mr. McNulty) introduced the
following bill; which was referred to the Committee on International
Relations, and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned

_______________________________________________________________________

A BILL

To amend the International Claims Settlement Act of 1949 to allow for
certain claims of nationals of the United States against Turkey, and
for other purposes.

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 ``American-Owned Property in Occupied
Cyprus Claims Act''.

SEC. 2. INTERNATIONAL CLAIMS SETTLEMENT ACT.

The International Claims Settlement Act of 1949 (22 U.S.C. 1621 et
seq.) is amended by adding at the end the following new title:

``TITLE VIII--CLAIMS AGAINST TURKEY

``SEC. 801. PURPOSE.

``The purpose of this title is to provide for the determination of
the validity and amounts of claims against Turkey which arise out of
the continued exclusion of nationals of the United States from property
they own that is located in those portions of the territory of Cyprus
which Turkey occupies. This title shall not be construed as authorizing
or as any intention to authorize an appropriation by the United States
for the purpose of paying such claims.

``SEC. 802. DEFINITIONS.

``As used in this title--
``(1) the term `claimant' means any national of the United
States who files a claim under this title.
``(2) the term `Claims Fund' means the special fund
established in the Treasury of the United States composed of
such sums as may be paid to or realized by the United States
pursuant to the terms of any agreement settling those claims
described in section 804 that may be entered into between the
Governments of the United States and Turkey;
``(3) the term `Commission' means the Foreign Claims
Settlement Commission of the United States;
``(4) the term `Cyprus' means the Republic of Cyprus;
``(5) the term `national of the United States' means--
``(A) a natural person who is a citizen of the
United States; and
``(B) a corporation or other legal entity which is
organized under the laws of the United States or of any
State, the District of Columbia, or the Commonwealth of
Puerto Rico, if natural persons who are citizens of the
United States own, directly or indirectly, 50 percent
or more of the outstanding capital stock or other
beneficial interest of such corporation or entity;
``(6) the term `property' means any real property, or any
right, or interest in real property, including any lease owned
under the laws of Cyprus and located in those portions of the
territory of Cyprus that are occupied by Turkey;
``(7) the term `Turkey' means--
``(A) the Republic of Turkey;
``(B) any agent of the Government of Turkey, or any
unincorporated association that purports to discharge
any function of a nation-state under the auspices of
the Government of Turkey, including, but not limited
to, the unincorporated association known as the
`Turkish Republic of Northern Cyprus';
``(C) any political subdivision, agency, or
instrumentality of Turkey, including, but not limited
to, the Turkish Armed Forces; and
``(D) any organization that purports to be a
political subdivision, agency, or instrumentality of
the unincorporated association known as the `Turkish
Republic of Northern Cyprus'.

``SEC. 803. COMMENCEMENT OF NEGOTIATIONS BY THE SECRETARY OF STATE.

``The President is urged to authorize the Secretary of State to
commence negotiations with Turkey and to continue such negotiations
until an agreement is reached with respect to the payment by Turkey of
claims certified under section 807. The Commission shall receive
claims, determine the validity of claims, and make awards under section
804 as of the effective date of this title without regard to whether or
not the President authorizes the Secretary of State to commence such
negotiations and without regard to whether or not the Secretary of
State commences such negotiations if authorized.

``SEC. 804. RECEIPT AND DETERMINATION OF CLAIMS.

``(a) Determination of Claims.--The Commission shall receive and
determine in accordance with applicable substantive law, including
international law, the validity and amounts of claims by nationals of
the United States against Turkey arising on or after July 20, 1974, for
the fair rental market value of the use and continued occupation by
Turkey of property located in the territory of Cyprus which--
``(1) is owned by such nationals under the laws of Cyprus,
and
``(2) at the time the exclusion from or occupation of the
property began, was owned, under the laws of Cyprus, wholly or
partially, directly or indirectly, by nationals of the United
States,
to the extent restoration or adequate compensation for such use and
occupation has not been made.
``(b) Rights in Property Retained.--A claimant shall not be
required or deemed, either directly or indirectly, to transfer, waive,
or otherwise forfeit any right of ownership in or to the property that
the claimant owns under the laws of Cyprus as a condition of or as the
result of filing a claim under this title, having the claim determined,
or accepting an award based on the claim.
``(c) Submission of Claims.--Any claim under subsection (a) may not
be considered unless it is submitted to the Commission within the
period specified by the Commission by notice published in the Federal
Register within 60 days after the date of the enactment of this title
or of legislation making appropriations to the Commission for payment
of administrative expenses incurred in carrying out its functions under
this title, whichever date is later. The period specified by the
Commission shall not be more than a period of 24 consecutive calendar
months beginning on the last day of the month in which the notice is
published.

``SEC. 805. OWNERSHIP OF CLAIMS.

``A claim may be favorably considered under section 804--
``(1) only if the property right on which the claim is
based was owned, wholly or partially, directly or indirectly,
by a national of the United States under the laws of Cyprus on
the date on which the exclusion from or occupation of the
property began; and
``(2) only to the extent that the claim has been held by
one or more nationals of the United States continuously from
that date until the date the claim is filed with the
Commission.

``SEC. 806. OFFSETS.

``In determining the amount of any claim under this title, the
Commission shall deduct all amounts the claimant has received from any
source on account of the same loss or losses for which the claim is
filed.

``SEC. 807. CERTIFICATION; ASSIGNED CLAIMS.

``(a) Certification of Claims.--
``(1) To the claimant.--The Commission shall certify to
each claimant who files a claim under this title--
``(A) the amount determined by the Commission to be
the loss suffered by the claimant which is covered by
this title; and
``(B) if, on the date on which the certification
under subparagraph (A) is made, Turkey is excluding the
claimant from the claimant's property, a mathematical
basis determined by the Commission for calculating the
loss suffered by the claimant for the continued use and
occupation of the property by Turkey after the date of
the award.
``(2) To the secretary of state.--The Commission shall
certify to the Secretary of State--
``(A) the amount of each claim certified under
paragraph (1)(A);
``(B) any mathematical basis certified under
paragraph (1)(B) in connection with that claim; and
``(C) a statement of the evidence relied upon and
the reasoning employed in making the Commission's
determination of the amount referred to in subparagraph
(A) and the mathematical basis referred to in
subparagraph (B).
``(b) Assigned Claims.--In any case in which a claim under this
title is assigned by purchase before the Commission determines the
amount due on that claim, the amount so determined shall not exceed the
amount of actual consideration paid by the last such assignee.

``SEC. 808. CONSOLIDATED AWARDS.

``With respect to any claim under section 804 which, at the time of
the award, is vested in persons other than the person by whom the
original loss was sustained, the Commission shall issue a consolidated
award in favor of all claimants then entitled to the award. The award
shall indicate the respective interests of such claimants in the award,
and all such claimants shall participate, in proportion to their
indicated interests, in any payments that may be made under this title
in all respects as if the award had been in favor of a single person.

``SEC. 809. CLAIMS FUND.

``(a) Establishment.--The Secretary of the Treasury may establish
in the Treasury of the United States the Claims Fund for the payment of
unsatisfied claims of nationals of the United States against Turkey, as
authorized by this title.
``(b) Deduction for Administrative Expenses.--The Secretary of the
Treasury shall deduct from any amounts covered into the Claims Fund an
amount equal to 5 percent thereof as reimbursement to the Government of
the United States for expenses incurred by the Commission and by the
Department of the Treasury in the administration of this title. The
amounts so deducted shall be covered into the Treasury as miscellaneous
receipts.

``SEC. 810. AWARD PAYMENT PROCEDURES.

``(a) Certification of Awards to Secretary of the Treasury.--The
Commission shall certify to the Secretary of the Treasury, in terms of
United States currency, each award made pursuant to section 804.
``(b) Payment of Awards.--
``(1) Principal amounts.--Upon certification of each award
made under section 804, the Secretary of the Treasury shall,
out of the sums covered into the Claims Fund, make payments on
account of such awards as follows, and in the following order
of priority:
``(A) Payment in the amount of $5,000 or the
principal amount of the award (excluding any
calculations made under any mathematical basis
certified under section 807(a)(1)(B)), whichever is
less.
``(B) Thereafter, payments from time to time, in
ratable proportions, on account of the unpaid balance
of the principal amounts of all awards (including any
calculations made under any mathematical basis
certified under section 807(a)(1)(B)) according to the
proportions which the unpaid balance of such awards
bear to the total amount in the Claims Fund available
for distribution at the time such payments are made.
``(2) Subsequent payments.--After payment has been made in
full of the principal amounts of all awards pursuant to
paragraph (1), pro rata payments may be made on account of any
interest that may be allowed on such awards.
``(c) Regulations.--Payments or applications for payments under
subsection (b) shall be made in accordance with such regulations as the
Secretary of the Treasury may prescribe.

``SEC. 811. SETTLEMENT PERIOD.

``The Commission shall complete its affairs in connection with the
settlement of claims under this title not later than 3 years after the
final date for the filing of claims as provided in section 804.

``SEC. 812. TRANSFER OF RECORDS.

``The Secretary of State, the Secretary of the Treasury, and the
Secretary of Defense shall transfer or otherwise make available to the
Commission such records and documents relating to claims authorized by
this title as may be required by the Commission in carrying out its
functions under this title.

``SEC. 813. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated for any fiscal year
beginning on or after October 1, 2005, such sums as may be necessary to
enable the Commission and the Department of the Treasury to pay their
respective administrative expenses incurred in carrying out their
functions under this title. Amounts appropriated under this section may
remain available until expended.

``SEC. 814. FEES FOR SERVICES.

``(a) Limitation on Fees.--
``(1) Limitation.--No remuneration on account of services
rendered on behalf of any claimant, in connection with any
claim filed with the Commission under this title, may exceed 10
percent of the total amount paid pursuant to any award
certified under the provisions of this title on account of such
claim.
``(2) Notification of agreements.--Any agreement contrary
to the limitation set forth in paragraph (1) shall be unlawful
and void.
``(b) Penalty for Violation.--Whoever, in the United States or
elsewhere, demands or receives, on account of services rendered to
which paragraph (1) applies, any remuneration in excess of the maximum
permitted by subsection (a), shall be fined not more than $5,000, or
imprisoned not more than 12 months, or both.

``SEC. 815. APPLICATION OF OTHER PROVISIONS.

``(a) In General.--To the extent they are not inconsistent with the
provisions of this title, the following provisions of title I of this
Act shall apply to this title: subsections (b), (c), (d), (e), and (h)
of section 4 and subsections (c), (d), (e), and (f) of section 7. Any
reference in such provisions to `this title' shall be deemed to be a
reference to those provisions and to this title.
``(b) Applicability of Administrative Procedure.--Except as
otherwise provided in this title and in those provisions of title I
referred to in subsection (a), the Commission shall comply with the
provisions of subchapter II of chapter 5, and the provisions of chapter
7, of title 5, United States Code.

``SEC. 816. SEPARABILITY.

``If any provision of this title or the application thereof to any
person or circumstance is held invalid, the remainder of this title or
the application of such provision to other persons or circumstances
shall not be affected.''.

SEC. 3. JURISDICTION OF U.S. DISTRICT COURTS.

(a) In General.--Chapter 85 of title 28, United States Code, is
amended by adding at the end the following new section:
``Sec. 1370. Civil actions against private persons by nationals of the
United States who own real property in Cyprus
``(a) In General.--The district courts shall have original
jurisdiction of any civil action brought by a national of the United
States--
``(1) who holds title to any property under the laws of
Cyprus that is located in that portion of the territory of
Cyprus that is occupied by Turkey as the result of the invasion
of Cyprus by Turkey on July 20, 1974, and
``(2) who has been excluded from the property by reason of
such occupation,
against any private person who for any purpose and in any way uses,
occupies, or benefits from that property at any time during the period
of such exclusion, for the fair rental value of the property during the
period of such use, occupation, or benefit.
``(b) Definitions.--As used in this section--
``(1) the term `Cyprus' means the Republic of Cyprus;
``(2) the term `national of the United States' means--
``(A) a natural person who is a citizen of the
United States; and
``(B) a corporation or other legal entity which is
organized under the laws of the United States or of any
State, the District of Columbia, or the Commonwealth of
Puerto Rico, if natural persons who are citizens of the
United States own, directly or indirectly, 50 percent
or more of the outstanding capital stock or other
beneficial interest of such corporation or entity;
``(3) the term `private person' means any natural person or
legal entity other than Turkey;
``(4) the term `property' means any real property or any
right or interest in any real property, including any lease to
which a national of the United States holds title under the
laws of Cyprus; and
``(5) the term `Turkey' means--
``(A) the Republic of Turkey;
``(B) any agent of the Government of Turkey, or any
unincorporated association that purports to discharge
any function of a nation-state under the auspices of
the Government of Turkey, including, but not limited
to, the unincorporated association known as the
`Turkish Republic of Northern Cyprus';
``(C) any political subdivision, agency, or
instrumentality of the Republic of Turkey, including
but not limited to the Turkish Armed Forces; and
``(D) any organization that purports to be a
political subdivision, agency, or instrumentality of
the unincorporated association known as the `Turkish
Republic of Northern Cyprus';
``(c) Special Rules.--In any civil action brought under this
section--
``(1) process shall be deemed served if service is
accomplished in any manner provided under this title;
``(2) the district court shall not consider the doctrine of
forum non conveniens and shall refuse to hear any motion or
request by any person or party that the civil action be
dismissed on the grounds of forum non conveniens;
``(3) in determining whether the person or party asserting
the civil action has lawful title, the district court shall
apply only the laws of Cyprus in making that determination;
``(4) in determining the amount of any award in the civil
action, the district court shall consider only evidence of the
fair rental market value of the property for the period of
occupation, use, or benefit by the person against whom the
action is brought, as that value would have been calculated in
Cyprus if the plaintiff had not been excluded from the
property; and
``(5) the court shall deduct the amount of any award paid
to the plaintiff under title VIII of the International Claims
Settlement Act of 1949, or the amount of any judgment for the
plaintiff under section 5 of the American-Owned Property in
Occupied Cyprus Claims Act on account of the same use,
occupation, or benefit that is the basis of the action under
this section.
``(d) Limitation of Action.--Any civil action against a private
person under this section may not be brought later than 36 consecutive
calendar months after the last day of the month in which the private
person ceases to use, occupy, or benefit from the property. This
subsection applies in lieu of section 1658 of this title.''.
(b) Conforming Amendment.--The table of sections for chapter 85 of
title 28, United States Code, is amended by adding at the end the
following new item:

``1370. Civil actions against private persons by nationals of the
United States who own real property in
Cyprus.''.

SEC. 4. VENUE.

(a) In General.--Chapter 87 of title 28, United States Code, is
amended by adding at the end the following new section:
``Sec. 1408. Venue for civil actions against private persons brought by
nationals of the United States who own real property in
Cyprus
``A civil action under section 1370 may be brought only in the
United States District Court for the District of Columbia and the
United States District Court for the Southern District of New York.''.
(b) Conforming Amendment.--The table of sections for chapter 85 of
title 28, United States Code, is amended by adding at the end the
following new item:

``1408. Venue for civil actions against private persons brought by
nationals of the United States who own real
property in Cyprus.''.

SEC. 5. ACTION AGAINST TURKISH GOVERNMENT.

(a) Jurisdiction of U.S. Courts.--The Government of Turkey shall
not be immune from the jurisdiction of the courts of the United States
or of the States in any case in which--
(1) rights in property of a national of the United States
that is occupied by the Government of Turkey in violation of
international law are in issue; and
(2) that property or any property exchanged for such
property--
(A) is present in the United States in connection
with a commercial activity carried on by the Government
of Turkey in the United States; or
(B) is owned or operated by an agency or
instrumentality of the Government of Turkey and that
agency or instrumentality--
(i) is engaged in a commercial activity in
the United States; or
(ii) purchases or otherwise acquires any
good or service for which the approval,
authorization, or consent of the United States
is required by law, by the President, or by any
department, agency, or instrumentality of the
United States Government.
(b) Applicability of and Relationship to Foreign Sovereign
Immunities Act.--
(1) Applicability.--The provisions of chapter 97 of title
28, United States Code, apply to a civil action brought under
subsection (a) as if the action were brought under such
chapter.
(2) Assertion of independent jurisdiction.--The
jurisdiction conferred by subsection (a) is in addition to any
jurisdiction conferred by chapter 97 of title 28, United States
Code.
(c) Deductions of Other Awards.--In any action brought under
subsection (a), the court shall deduct from the amount of any judgment
the amount of any award paid to the plaintiff under title VIII of the
International Claims Settlement Act of 1949, or the amount of any
judgment for the plaintiff under section 1370 of title 28, United
States Code, on account of the same subject matter that is the basis of
the action under this section.
(d) Definitions.--In this section--
(1) the term ``Government of Turkey'' includes all the
entities described in subparagraphs (B), (C), and (D) of
section 802(7) of the International Claims Settlement Act of
1949;
(2) the term ``agency or instrumentality of the Government
of Turkey'' means any of the entities described in
subparagraphs (B), (C), and (D) of section 802(7) of the
International Claims Settlement Act of 1949;
(3) the term ``court of the United States'' has the meaning
given that term in section 451 of title 28, United States Code;
(4) the terms ``national of the United States'' and
``property'' have the meanings given those terms in section 802
of the International Claims Settlement Act of 1949; and
(5) the term ``State'' means each of the several States,
the District of Columbia, and any commonwealth territory, or
possession of the United States.

SEC. 6. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act.
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