[Congressional Record Volume 164, Number 140 (Wednesday, August 22, 2018)]
[Senate]
[Pages S5864-S5865]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                ANTI-TERRORISM CLARIFICATION ACT OF 2018

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 514, S. 2946, 
which had been reported from the Committee on the Judiciary with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     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--

[[Page S5865]]

       (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.

  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported substitute amendment be agreed to and that the bill, 
as amended, be considered read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported substitute amendment was agreed to.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. McCONNELL. I know of no further debate on the bill.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  The bill (S. 2946), as amended, was passed.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the motion 
to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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