[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