[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2946 Reported in Senate (RS)]
<DOC>
Calendar No. 514
115th CONGRESS
2d Session
S. 2946
To amend title 18, United States Code, to clarify the meaning of the
terms ``act of war'' and ``blocked asset'', and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 24, 2018
Mr. Grassley (for himself, Mr. Nelson, Mr. Rubio, Mr. Whitehouse, Mr.
Cruz, Mr. Blumenthal, Mr. Tillis, Mr. Coons, Mr. Cornyn, Mr. Hatch, and
Mr. Kennedy) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
July 12, 2018
Reported by Mr. Grassley, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to clarify the meaning of the
terms ``act of war'' and ``blocked asset'', and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Anti-Terrorism
Clarification Act of 2018''.</DELETED>
<DELETED>SEC. 2. CLARIFICATION OF THE TERM ``ACT OF WAR''.</DELETED>
<DELETED> (a) In General.--Section 2331 of title 18, United States
Code, is amended--</DELETED>
<DELETED> (1) in paragraph (4), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (5), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(6) the term `military force' does not include
any person that--</DELETED>
<DELETED> ``(A) has been designated as a--</DELETED>
<DELETED> ``(i) foreign terrorist
organization by the Secretary of State under
section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189); or</DELETED>
<DELETED> ``(ii) Specially Designated Global
Terrorist (as such term is defined in section
594.310 of the Code of Federal Regulations) by
the Secretary of State or the Secretary of the
Treasury; or</DELETED>
<DELETED> ``(B) has been determined by the court to
not be a `military force'.''.</DELETED>
<DELETED> (b) Application.--The amendments made by this section
shall apply to any civil action pending on or commenced after the date
of the enactment of this Act.</DELETED>
<DELETED>SEC. 3. SATISFACTION OF JUDGMENTS AGAINST
TERRORISTS.</DELETED>
<DELETED> (a) In General.--Section 2333 of title 18, United States
Code, is amended by inserting at the end following:</DELETED>
<DELETED> ``(e) Use of Blocked Assets To Satisfy Judgments of U.S.
Nationals.--For purposes of section 201 of the Terrorism Risk Insurance
Act of 2002 (28 U.S.C. 1610 note), in any action in which a national of
the United States has obtained a judgment against a terrorist party
pursuant to this section, the term `blocked asset' shall include any
asset of that terrorist party (including the blocked assets of any
agency or instrumentality of that party) seized or frozen by the United
States under section 805(b) of the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1904(b)).''.</DELETED>
<DELETED> (b) Applicability.--The amendments made by this section
shall apply to any judgment entered before, on, or after the date of
enactment of this Act.</DELETED>
<DELETED>SEC. 4. CONSENT OF CERTAIN PARTIES TO PERSONAL
JURISDICTION.</DELETED>
<DELETED> (a) In General.--Section 2334 of title 18, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED> ``(e) Consent of Certain Parties to Personal
Jurisdiction.--For purposes of any civil action under section 2333 of
this title, a defendant shall be deemed to have consented to personal
jurisdiction in such civil action if, regardless of the date of the
occurrence of the act of international terrorism upon which such civil
action was filed, the defendant--</DELETED>
<DELETED> ``(1) after the date of enactment of this
subsection, accepts--</DELETED>
<DELETED> ``(A) assistance under chapter 4 of part
II of the Foreign Assistance Act of 1961 (22 U.S.C.
2346 et seq.); or</DELETED>
<DELETED> ``(B) assistance under section 481 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291) for
international narcotics control and law enforcement;
or</DELETED>
<DELETED> ``(2) in the case of a defendant benefiting from a
waiver or suspension of section 1003 of the Anti-Terrorism Act
of 1987 (22 U.S.C. 5202)--</DELETED>
<DELETED> ``(A) after the date that is 120 days
after the date of enactment of this subsection,
continues to maintain any office, headquarters,
premises, or other facilities or establishments within
the jurisdiction of the United States; or</DELETED>
<DELETED> ``(B) after the date of enactment of this
subsection, establishes or procures any office,
headquarters, premises, or other facilities or
establishments within the jurisdiction of the United
States.''.</DELETED>
<DELETED> (b) Applicability.--The amendments made by this section
shall apply to any civil action filed after the date of enactment of
this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Terrorism Clarification Act of
2018''.
SEC. 2. CLARIFICATION OF THE TERM ``ACT OF WAR''.
(a) In General.--Section 2331 of title 18, United States Code, is
amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) the term `military force' does not include any person
that--
``(A) has been designated as a--
``(i) foreign terrorist organization by the
Secretary of State under section 219 of the
Immigration and Nationality Act (8 U.S.C.
1189); or
``(ii) specially designated global
terrorist (as such term is defined in section
594.310 of title 31, Code of Federal
Regulations) by the Secretary of State or the
Secretary of the Treasury; or
``(B) has been determined by the court to not be a
`military force'.''.
(b) Applicability.--The amendments made by this section shall apply
to any civil action pending on or commenced after the date of the
enactment of this Act.
SEC. 3. SATISFACTION OF JUDGMENTS AGAINST TERRORISTS.
(a) In General.--Section 2333 of title 18, United States Code, is
amended by inserting at the end following:
``(e) Use of Blocked Assets to Satisfy Judgments of U.S.
Nationals.--For purposes of section 201 of the Terrorism Risk Insurance
Act of 2002 (28 U.S.C. 1610 note), in any action in which a national of
the United States has obtained a judgment against a terrorist party
pursuant to this section, the term `blocked asset' shall include any
asset of that terrorist party (including the blocked assets of any
agency or instrumentality of that party) seized or frozen by the United
States under section 805(b) of the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1904(b)).''.
(b) Applicability.--The amendments made by this section shall apply
to any judgment entered before, on, or after the date of enactment of
this Act.
SEC. 4. CONSENT OF CERTAIN PARTIES TO PERSONAL JURISDICTION.
(a) In General.--Section 2334 of title 18, United States Code, is
amended by adding at the end the following:
``(e) Consent of Certain Parties to Personal Jurisdiction.--
``(1) In general.--Except as provided in paragraph (2), for
purposes of any civil action under section 2333 of this title,
a defendant shall be deemed to have consented to personal
jurisdiction in such civil action if, regardless of the date of
the occurrence of the act of international terrorism upon which
such civil action was filed, the defendant--
``(A) after the date that is 120 days after the
date of enactment of this subsection, accepts--
``(i) any form of assistance, however
provided, under chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346
et seq.);
``(ii) any form of assistance, however
provided, under section 481 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291) for
international narcotics control and law
enforcement; or
``(iii) any form of assistance, however
provided, under chapter 9 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C.
2349bb et seq.); or
``(B) in the case of a defendant benefiting from a
waiver or suspension of section 1003 of the Anti-
Terrorism Act of 1987 (22 U.S.C. 5202) after the date
that is 120 days after the date of enactment of this
subsection--
``(i) continues to maintain any office,
headquarters, premises, or other facilities or
establishments within the jurisdiction of the
United States; or
``(ii) establishes or procures any office,
headquarters, premises, or other facilities or
establishments within the jurisdiction of the
United States.
``(2) Applicability.--Paragraph (1) shall not apply to any
defendant who ceases to engage in the conduct described in
paragraphs (1)(A) and (1)(B) for 5 consecutive calendar
years.''.
(b) Applicability.--The amendments made by this section shall take
effect on the date of enactment of this Act.
Calendar No. 514
115th CONGRESS
2d Session
S. 2946
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to clarify the meaning of the
terms ``act of war'' and ``blocked asset'', and for other purposes.
_______________________________________________________________________
July 12, 2018
Reported with an amendment