[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2132 Reported in Senate (RS)]
<DOC>
Calendar No. 250
116th CONGRESS
1st Session
S. 2132
To promote security and provide justice for United States victims of
international terrorism.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 16, 2019
Mr. Lankford (for himself, Ms. Duckworth, Mr. Grassley, and Mr.
Blumenthal) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
October 21, 2019
Reported by Mr. Graham, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To promote security and provide justice for United States victims of
international 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 ``Promoting Security and Justice for
Victims of Terrorism Act of 2019''.
SEC. 2. FACILITATION OF THE SETTLEMENT OF TERRORISM-RELATED CLAIMS OF
NATIONALS OF THE UNITED STATES.
(a) Comprehensive Process To Facilitate the Resolution of Anti-
Terrorism Act Claims.--The Secretary of State, in consultation with the
Attorney General, shall, not later than 30 days after the date of
enactment of this Act, develop and initiate a comprehensive process for
the Department of State to facilitate the resolution and settlement of
covered claims.
(b) Elements of Comprehensive Process.--The comprehensive process
developed under subsection (a) shall include, at a minimum, the
following:
(1) Not later than 45 days after the date of enactment of
this Act, the Department of State shall publish a notice in the
Federal Register identifying the method by which a national of
the United States, or a representative of a national of the
United States, who has a covered claim, may contact the
Department of State to give notice of the covered claim.
(2) Not later than 120 days after the date of enactment of
this Act, the Secretary of State, or a designee of the
Secretary, shall meet (and make every effort to continue to
meet on a regular basis thereafter) with any national of the
United States, or a representative of a national of the United
States, who has a covered claim and has informed the Department
of State of the covered claim using the method established
pursuant to paragraph (1) to discuss the status of the covered
claim, including the status of any settlement discussions with
the Palestinian Authority or the Palestine Liberation
Organization.
(3) Not later than 180 days after the date of enactment of
this Act, the Secretary of State, or a designee of the
Secretary, shall make every effort to meet (and make every
effort to continue to meet on a regular basis thereafter) with
representatives of the Palestinian Authority and the Palestine
Liberation Organization to discuss the covered claims
identified pursuant to subsection (a) and potential settlement
of the covered claims.
(c) Report to Congress.--The Secretary of State shall, not later
than 240 days after the date of enactment of this Act, and annually
thereafter for 5 years, submit to the Committee on the Judiciary and
the Committee on Foreign Relations of the Senate and the Committee on
the Judiciary and the Committee on Foreign Affairs of the House of
Representatives a report describing activities that the Department of
State has undertaken to comply with this section, including specific
updates regarding paragraphs (2) and (3) of subsection (b).
(d) Sense of Congress.--It is the sense of Congress that--
(1) covered claims should be resolved in a manner that
provides just compensation to the victims;
(2) covered claims should be resolved and settled in favor
of the victim to the fullest extent possible and without
subjecting victims to unnecessary or protracted litigation;
(3) the United States Government should take all
practicable steps to facilitate the resolution and settlement
of all covered claims, including engaging directly with the
victims or their representatives and the Palestinian Authority
and the Palestine Liberation Organization; and
(4) the United States Government should strongly urge the
Palestinian Authority and the Palestine Liberation Organization
to commit to good-faith negotiations to resolve and settle all
covered claims.
(e) Definition.--In this section, the term ``covered claim'' means
any pending action by, or final judgment in favor of, a national of the
United States, or any action by a national of the United States
dismissed for lack of personal jurisdiction, under section 2333 of
title 18, United States Code, against the Palestinian Authority or the
Palestine Liberation Organization.
SEC. 3. JURISDICTIONAL AMENDMENTS TO FACILITATE RESOLUTION OF
TERRORISM-RELATED CLAIMS OF NATIONALS OF THE UNITED
STATES.
(a) In General.--Section 2334(e) of title 18, United States Code,
is amended--
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) in subparagraph (A)--</DELETED>
<DELETED> (i) in the matter preceding clause
(i), by striking ``after the date that is 120
days after the date of enactment of this
subsection, accepts'' and inserting ``after
January 31, 2019, and except as provided in
paragraph (3), enters into a new contract,
grant, or other agreement, or expands the scope
of or extends in any way an existing contract,
grant, or other agreement, with the United
States Government that obligates'';</DELETED>
<DELETED> (ii) in clause (i), by adding
``or'' at the end;</DELETED>
<DELETED> (iii) by striking clause (ii);
and</DELETED>
<DELETED> (iv) by redesignating clause (iii)
as clause (ii); and</DELETED>
<DELETED> (B) by striking subparagraph (B) and
inserting the following:</DELETED>
(1) in paragraph (1), by striking subparagraphs (A) and (B)
and inserting the following:
``(A) after the date that is 120 days after the
date of the enactment of the Promoting Security and
Justice for Victims of Terrorism Act of 2019, makes any
payment, directly or indirectly--
``(i) to any payee designated by any
individual who, after being fairly tried or
pleading guilty, has been imprisoned for
committing any act of terrorism that injured or
killed a national of the United States, if such
payment is made by reason of such imprisonment;
or
``(ii) to any family member of any
individual, following such individual's death
while committing an act of terrorism that
injured or killed a national of the United
States, if such payment is made by reason of
the death of such individual; or
``(B)(i) after 15 days after the date of enactment
of the Promoting Security and Justice for Victims of
Terrorism Act of 2019--
``(I) continues to maintain any office,
headquarters, premises, or other facilities or
establishments in the United States;
``(II) establishes or procures any office,
headquarters, premises, or other facilities or
establishments in the United States; or
``(III) conducts any activity while
physically present in the United States on
behalf of the Palestine Liberation Organization
or the Palestinian Authority;
``(ii)(I) after 120 days after the date of
enactment of the Promoting Security and Justice for
Victims of Terrorism Act of 2019, has not submitted a
notice of withdrawal from all specialized agencies of
the United Nations of which the defendant has the same
standing as a member state in the United Nations or any
specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians; or
``(II) after 2 years after the date of enactment of
the Promoting Security and Justice for Victims of
Terrorism Act of 2019, has the same standing as a
member state in the United Nations or any specialized
agency thereof outside an agreement negotiated between
Israel and the Palestinians; or
``(iii) after the date of enactment of this clause,
makes, renews, promotes, or advances any application in
order to obtain the same standing as a member state in
the United Nations or any specialized agency thereof,
or accepts such standing, outside an agreement
negotiated between Israel and the Palestinians.''; and
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(3) Exception for certain payments and
assistance.--In determining whether a defendant shall be deemed
to have consented to personal jurisdiction under paragraph
(1)(A), no court may consider any payment or assistance
described in section 1004(b)(1) of the Taylor Force Act (22
U.S.C. 2378c-1(b)(1)).</DELETED>
``(4)
(2) in paragraph (2), by adding at the end the following:
``For purposes of paragraph (1)(A), no court may consider the
receipt of any assistance by a nongovernmental organization,
whether direct or indirect, as a basis for consent to
jurisdiction by a defendant.''; and
(3) by adding at the end the following:
``(3) Exception for certain activities and locations.--In
determining whether a defendant shall be deemed to have
consented to personal jurisdiction under paragraph (1)(B)
paragraph (1)(B)(i), no court may consider--
``(A) any office, headquarters, premises, or other
facility or establishment used exclusively for the
purpose of conducting official business of the United
Nations;
``(B) any activity undertaken exclusively for the
purpose of conducting official business of the United
Nations;
``(C) any activity involving officials of the
United States that the Secretary of State determines is
in the national security interest of the United States
if the Secretary reports to the appropriate
congressional committees annually on the use of the
authority under this subparagraph;
``(D) any activity undertaken exclusively for the
purpose of meetings with officials of the United States
or participation in training and related activities
funded or arranged by the United States Government; or
``(E) any activity related to legal
representation--
``(i) for matters related to activities
described in this paragraph;
``(ii) for the purpose of adjudicating or
resolving claims filed in courts of the United
States; or
``(iii) to comply with this subsection.
<DELETED> ``(5) Suspension.--</DELETED>
<DELETED> ``(A) In general.--In determining whether
a defendant shall be deemed to have consented to
personal jurisdiction under this subsection, no court
may consider assistance under paragraph (1)(A) if such
assistance is obligated under any new contract, grant,
or other agreement, or expansion of the scope of or
extension of an existing contract, grant, or other
agreement with the United States Government during a
period in which the Secretary of State, in consultation
with the Attorney General, certifies in writing to the
President pro tempore of the Senate and Speaker of the
House of Representatives that--</DELETED>
<DELETED> ``(i) all covered claims have been
resolved and settled, or are proceeding toward
settlement because the defendant is actively
engaged in settlement discussions with victims
who have covered claims; and</DELETED>
<DELETED> ``(ii) any claims similar to those
described in section 2 Promoting Security and
Justice for Victims of Terrorism Act of 2019
and that have been filed after the date of
enactment of this paragraph are proceeding
toward settlement because the defendant is
actively engaged in settlement discussions with
victims who have such claims.</DELETED>
<DELETED> ``(B) Recertification.--A certification
under this paragraph may be made for renewable periods
of up to 1 year.</DELETED>
``(6)(4) Rule of construction.--Notwithstanding any other
law (including any treaty), any office, headquarters, premises,
or other facility or establishment within the territory of the
United States that is not specifically exempted by paragraph
(4)(A) (3)(A) shall be considered to be in the United States
for purposes of subclauses (I) and (II) of paragraph (1)(B)(i).
<DELETED> ``(7) Sunset.--Paragraph (1)(A) shall terminate on
the date on which the Secretary of State, in consultation with
the Attorney General, certifies in writing to the President pro
tempore of the Senate and Speaker of the House of
Representatives that--</DELETED>
<DELETED> ``(A) all covered claims have been
resolved and settled in a manner that is satisfactory
to the parties; and</DELETED>
<DELETED> ``(B) on or after the 2-year period
beginning on the date of enactment of this paragraph,
there are no similar claims under section 2333 against
a defendant that--</DELETED>
<DELETED> ``(i) were filed on or after the
date of enactment of this paragraph;
and</DELETED>
<DELETED> ``(ii) that are pending.</DELETED>
<DELETED> ``(8) Definitions.--In this subsection--</DELETED>
<DELETED> ``(A) the term `covered claim' has the
meaning given the term in section 2 Promoting Security
and Justice for Victims of Terrorism Act of 2019;
and</DELETED>
<DELETED> ``(B) term `defendant' means--</DELETED>
<DELETED> ``(i) the Palestinian
Authority;</DELETED>
<DELETED> ``(ii) the Palestine Liberation
Organization;</DELETED>
<DELETED> ``(iii) any organization or other
entity that is a successor to or affiliated
with the Palestinian Authority or the Palestine
Liberation Organization; or</DELETED>
<DELETED> ``(iv) any organization or other
entity--</DELETED>
<DELETED> ``(I) identified in clause
(i), (ii), or (iii); and</DELETED>
<DELETED> ``(II) that self-
identifies as, holds itself out to be,
or carries out conduct in the name of,
the `State of Palestine' or `Palestine'
in connection with official business of
the United Nations.''.</DELETED>
``(5) Defined term.--In this subsection, the term
`defendant' means--
``(A) the Palestinian Authority;
``(B) the Palestine Liberation Organization;
``(C) any organization or other entity that is a
successor to or affiliated with the Palestinian
Authority or the Palestine Liberation Organization; or
``(D) any organization or other entity that--
``(i) is identified in subparagraph (A),
(B), or (C); and
``(ii) self identifies as, holds itself out
to be, or carries out conduct in the name of,
the `State of Palestine' or `Palestine' in
connection with official business of the United
Nations.''.
(b) Prior Consent Not Abrogated.--The amendments made by this
section shall not abrogate any consent deemed to have been given under
section 2334(e) of title 18, United States Code, as in effect on the
day before the date of enactment of this Act.
SEC. 4. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such provisions
to any person or circumstance shall not be affected thereby.
Calendar No. 250
116th CONGRESS
1st Session
S. 2132
_______________________________________________________________________
A BILL
To promote security and provide justice for United States victims of
international terrorism.
_______________________________________________________________________
October 21, 2019
Reported with amendments
Promoting Security and Justice for Victims of Terrorism Act of 2019
#2132 | S Congress #116
Policy Area: International Affairs
Last Action: Placed on Senate Legislative Calendar under General Orders. Calendar No. 250. (10/21/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text