[Congressional Record Volume 164, Number 122 (Thursday, July 19, 2018)]
[Senate]
[Page S5103]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    ANTI-TERRORISM CLARIFICATION ACT

  Mr. GRASSLEY. Mr. President, last week, the Senate Judiciary 
Committee marked up and passed by voice vote S. 2946, the Anti-
Terrorism Clarification Act of 2018.
  I was proud to introduce this bipartisan bill and to lead it through 
the Judiciary Committee. I am proud to have Senators Nelson, Rubio, 
Whitehouse, Cruz, Blumenthal, Tillis, Coons, Cornyn, Hatch, and Kennedy 
as cosponsors.
  It is not always easy to find common ground here in the Senate, but 
there is one issue where there is no doubt we can all agree: Those who 
aid or carry out terrorist attacks that kill or injure Americans should 
be held fully accountable.
  Those who have been impacted should have a meaningful avenue to seek 
justice.
  For over 25 years, the Anti-Terrorism Act has empowered American 
victims of international terrorism to bring civil lawsuits in Federal 
courts to vindicate their rights and obtain compensation for their 
injuries.
  Just as important, these lawsuits disrupt and discourage the 
financing and material support of terrorist organizations. By cutting 
terrorists' financial lifelines, the ATA helps to reduce global 
terrorism, protecting Americans both here and abroad.
  In short, the ATA puts terrorists on notice to keep their hands off 
Americans.
  I was proud to be the lead sponsor of the ATA back in 1992, which 
removed the jurisdictional hurdles that, for too long, had frustrated 
or outright prevented American victims' ability to seek redress.
  Since then, terrorists and those who financially support them have 
tried to blow holes in the law and stretch its exceptions beyond what 
Congress ever intended.
  The Anti-Terrorism Clarification Act of 2018--and its additional 
improvements adopted in the Judiciary Committee last week--strengthens 
the ATA and reiterates Congress's original intent that terrorist groups 
and their supporters be brought to justice in U.S. Courts, regardless 
of where the attacks occurred.
  It is a carefully considered and deliberately crafted response to 
efforts to undermine the ATA. It represents Congress's considered 
judgment in responding to acts of international terrorism that kill or 
injure Americans overseas.
  The bill clarifies the ATA's so-called ``act of war'' exception. 
Congress never intended that designated terrorist organizations could 
dodge liability for attacks that kill or injure Americans by simply 
claiming this exception.
  Some, however, have twisted the exception to get away scot-free. The 
``act of war'' exception should not be a liability shield for 
designated terrorist organizations or their supporters.
  This bill makes clear that the exception doesn't apply to those 
designated by the U.S. Government as foreign terrorist organizations or 
specially designated global terrorists.
  This is common sense. As one Federal judge put it, ``To find that a 
terrorist organization can be a military force under the ATA would 
defeat the purpose of the Act, 'which was enacted to deter terrorist 
activity and hold liable those who engage in it.' ''
  Outside of that, the bill keeps in place the current analysis that 
courts conduct when determining who is and is not a military force.
  Second, the bill permits victims of narco-terrorism to satisfy court-
awarded ATA judgments with the assets of foreign drug kingpins. Assets 
blocked by the Federal Government under the Kingpin Designation Act are 
not currently available to victims to satisfy their judgments.
  This bill fixes that.
  Finally, the bill responds to recent Federal court decisions that 
severely undermined the ability of American victims to bring terrorists 
to justice. The ATA was specifically designed to provide 
extraterritorial jurisdiction over terrorists who attack Americans 
overseas. Last year, I led an amicus brief, with 22 bipartisan 
Senators, to the Supreme Court in Sokolow v. Palestine Liberation 
Organization, reiterating the purpose and scope of the 1992 law.
  I was stunned when the Justice Department failed to stand up in that 
case for American victims of terrorism.
  Despite broad bipartisan support in Congress for the ATA and the 
victims it protects, the Justice Department, in fact, actively opposed 
those victims and their right to seek redress against terrorists.
  Inconceivably, instead of standing up for American victims of 
terrorism, the administration urged the Court to not even consider the 
Sokolow decision.
  Congress can act where the administration chose not to. Accordingly, 
this bill makes crystal clear that defendants who take advantage of 
certain benefits from the U.S. Government following 120 days after the 
bill's enactment--such as foreign assistance--will be deemed to have 
consented to personal jurisdiction in ATA cases.
  Based on further improvements in a substitute amendment adopted by 
unanimous consent in the Judiciary Committee, the bill also restores 
jurisdiction in cases pending at the time of the bill's enactment. No 
defendant, after all, should be able to enjoy privileges under U.S. 
law, while simultaneously dodging responsibility for supporting 
terrorists that injure or kill Americans.
  The Anti-Terrorism Clarification Act is supported by thousands of 
veterans and Gold Star families
  It is supported by groups like AIPAC, the Anti-Defamation League, 
American Jewish Committee, Christians United for Israel, the Endowment 
for Middle East Truth, the Jewish Institute for National Security of 
America, the National Council of Young Israel, the Union of Orthodox 
Jewish Congregations of America, the Rabbinical Council of America, and 
the Zionist Organization of America.
  I thank my colleagues on both sides of the aisle who have joined me 
on this bill and whose staffs are working tirelessly to help us move it 
forward.
  I also want to thank Senators Nelson and Blumenthal for their 
support.
  Finally, I want to thank House Judiciary Chairman Goodlatte and 
Ranking Member Nadler for introducing and moving the companion bill in 
the House of Representatives.
  Now that the bill has been reported to the floor, I ask for all of my 
Senate colleagues' support and look forward to Congress sending this 
bill to the President's desk very soon.

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