[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