[Congressional Record Volume 165, Number 103 (Wednesday, June 19, 2019)]
[Senate]
[Pages S4098-S4099]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 777. Mr. LANKFORD (for himself and Mr. Grassley) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. PROMOTING SECURITY AND JUSTICE FOR VICTIMS OF
TERRORISM.
(a) Facilitation of the Settlement of Terrorism-related
Claims of Nationals of the United States.--
(1) 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.
(2) Elements of comprehensive process.--The comprehensive
process developed under paragraph (1) shall include, at a
minimum, the following:
(A) 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.
(B) 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 subparagraph (A) to discuss the
status of the covered claim, including the status of any
settlement discussions with the Palestinian Authority or the
Palestine Liberation Organization.
(C) 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 paragraph (1) and potential
settlement of the covered claims.
(3) 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 subparagraphs (B) and (C) of
paragraph (2).
(4) Sense of congress.--It is the sense of Congress that--
(A) covered claims should be resolved in a manner that
provides just compensation to the victims;
(B) 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;
(C) 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
(D) 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.
(5) Definition.--In this subsection, 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.
(b) Jurisdictional Amendments to Facilitate Resolution of
Terrorism-related Claims of Nationals of the United States.--
(1) In general.--Section 2334(e) of title 18, United States
Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(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'';
(II) in clause (i), by adding ``or'' at the end;
(III) by striking clause (ii); and
(IV) by redesignating clause (iii) as clause (ii); and
(ii) by striking subparagraph (B) and inserting the
following:
``(B)(i) after 15 days after the date of enactment of the
National Defense Authorization Act for Fiscal Year 2020--
``(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
National Defense Authorization Act for Fiscal Year 2020, 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
National Defense Authorization Act for Fiscal Year 2020, 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
(B) by adding at the end the following:
``(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)).
``(4) Exception for certain activities and locations.--In
determining whether a defendant shall be deemed to have
consented to personal jurisdiction under paragraph (1)(B), 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.
``(5) Suspension.--
``(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
[[Page S4099]]
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--
``(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
``(ii) any claims similar to those described in section
[__] National Defense Authorization Act for Fiscal Year 2020
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.
``(B) Recertification.--A certification under this
paragraph may be made for renewable periods of up to 1 year.
``(6) 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) shall be considered to be in the United
States for purposes of subclauses (I) and (II) of paragraph
(1)(B)(i).
``(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--
``(A) all covered claims have been resolved and settled in
a manner that is satisfactory to the parties; and
``(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--
``(i) were filed on or after the date of enactment of this
paragraph; and
``(ii) that are pending.
``(8) Definitions.--In this subsection--
``(A) the term `covered claim' has the meaning given the
term in section [__] National Defense Authorization Act for
Fiscal Year 2020; and
``(B) term `defendant' means--
``(i) the Palestinian Authority;
``(ii) the Palestine Liberation Organization;
``(iii) any organization or other entity that is a
successor to or affiliated with the Palestinian Authority or
the Palestine Liberation Organization; or
``(iv) any organization or other entity--
``(I) identified in clause (i), (ii), or (iii); and
``(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.''.
(2) Prior consent not abrogated.--The amendments made by
this subsection 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.
______