II 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 re- ferred 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Promoting Security 4 and Justice for Victims of Terrorism Act of 2019’’. 5 VerDate Sep 11 2014 21:35 Oct 21, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.RS S2132 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2132 RS SEC. 2. FACILITATION OF THE SETTLEMENT OF TER- 1 RORISM-RELATED CLAIMS OF NATIONALS OF 2 THE UNITED STATES. 3 (a) COMPREHENSIVE PROCESS TO FACILITATE THE 4 RESOLUTION OF ANTI-TERRORISM ACT CLAIMS.—The 5 Secretary of State, in consultation with the Attorney Gen- 6 eral, shall, not later than 30 days after the date of enact- 7 ment of this Act, develop and initiate a comprehensive 8 process for the Department of State to facilitate the reso- 9 lution and settlement of covered claims. 10 (b) ELEMENTS OF COMPREHENSIVE PROCESS.—The 11 comprehensive process developed under subsection (a) 12 shall include, at a minimum, the following: 13 (1) Not later than 45 days after the date of en- 14 actment of this Act, the Department of State shall 15 publish a notice in the Federal Register identifying 16 the method by which a national of the United 17 States, or a representative of a national of the 18 United States, who has a covered claim, may contact 19 the Department of State to give notice of the cov- 20 ered claim. 21 (2) Not later than 120 days after the date of 22 enactment of this Act, the Secretary of State, or a 23 designee of the Secretary, shall meet (and make 24 every effort to continue to meet on a regular basis 25 thereafter) with any national of the United States, 26 VerDate Sep 11 2014 21:35 Oct 21, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.RS S2132 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2132 RS or a representative of a national of the United 1 States, who has a covered claim and has informed 2 the Department of State of the covered claim using 3 the method established pursuant to paragraph (1) to 4 discuss the status of the covered claim, including the 5 status of any settlement discussions with the Pales- 6 tinian Authority or the Palestine Liberation Organi- 7 zation. 8 (3) Not later than 180 days after the date of 9 enactment of this Act, the Secretary of State, or a 10 designee of the Secretary, shall make every effort to 11 meet (and make every effort to continue to meet on 12 a regular basis thereafter) with representatives of 13 the Palestinian Authority and the Palestine Libera- 14 tion Organization to discuss the covered claims iden- 15 tified pursuant to subsection (a) and potential settle- 16 ment of the covered claims. 17 (c) REPORT TO CONGRESS.—The Secretary of State 18 shall, not later than 240 days after the date of enactment 19 of this Act, and annually thereafter for 5 years, submit 20 to the Committee on the Judiciary and the Committee on 21 Foreign Relations of the Senate and the Committee on 22 the Judiciary and the Committee on Foreign Affairs of 23 the House of Representatives a report describing activities 24 that the Department of State has undertaken to comply 25 VerDate Sep 11 2014 21:35 Oct 21, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.RS S2132 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2132 RS with this section, including specific updates regarding 1 paragraphs (2) and (3) of subsection (b). 2 (d) SENSE OF CONGRESS.—It is the sense of Con- 3 gress that— 4 (1) covered claims should be resolved in a man- 5 ner that provides just compensation to the victims; 6 (2) covered claims should be resolved and set- 7 tled in favor of the victim to the fullest extent pos- 8 sible and without subjecting victims to unnecessary 9 or protracted litigation; 10 (3) the United States Government should take 11 all practicable steps to facilitate the resolution and 12 settlement of all covered claims, including engaging 13 directly with the victims or their representatives and 14 the Palestinian Authority and the Palestine Libera- 15 tion Organization; and 16 (4) the United States Government should 17 strongly urge the Palestinian Authority and the Pal- 18 estine Liberation Organization to commit to good- 19 faith negotiations to resolve and settle all covered 20 claims. 21 (e) DEFINITION.—In this section, the term ‘‘covered 22 claim’’ means any pending action by, or final judgment 23 in favor of, a national of the United States, or any action 24 by a national of the United States dismissed for lack of 25 VerDate Sep 11 2014 21:35 Oct 21, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.RS S2132 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2132 RS personal jurisdiction, under section 2333 of title 18, 1 United States Code, against the Palestinian Authority or 2 the Palestine Liberation Organization. 3 SEC. 3. JURISDICTIONAL AMENDMENTS TO FACILITATE 4 RESOLUTION OF TERRORISM-RELATED 5 CLAIMS OF NATIONALS OF THE UNITED 6 STATES. 7 (a) IN GENERAL.—Section 2334(e) of title 18, 8 United States Code, is amended— 9 (1) in paragraph (1)— 10 (A) in subparagraph (A)— 11 (i) in the matter preceding clause (i), 12 by striking ‘‘after the date that is 120 13 days after the date of enactment of this 14 subsection, accepts’’ and inserting ‘‘after 15 January 31, 2019, and except as provided 16 in paragraph (3), enters into a new con- 17 tract, grant, or other agreement, or ex- 18 pands the scope of or extends in any way 19 an existing contract, grant, or other agree- 20 ment, with the United States Government 21 that obligates’’; 22 (ii) in clause (i), by adding ‘‘or’’ at 23 the end; 24 (iii) by striking clause (ii); and 25 VerDate Sep 11 2014 21:35 Oct 21, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S2132.RS S2132 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 2132 RS (iv) by redesignating clause (iii) as 1 clause (ii); and 2 (B) by striking subparagraph (B) and in- 3 serting the following: 4 (1) in paragraph (1), by striking subparagraphs 5 (A) and (B) and inserting the following: 6 ‘‘(A) after the date that is 120 days after 7 the date of the enactment of the Promoting Secu- 8 rity and Justice for Victims of Terrorism Act of 9 2019, makes any payment, directly or indi- 10 rectly— 11 ‘‘(i) to any payee designated by any 12 individual who, after being fairly tried or 13 pleading guilty, has been imprisoned for 14 committing any act of terrorism that in- 15 jured or killed a national of the United 16 States, if such payment is made by reason 17 of such imprisonment; or 18 ‘‘(ii) to any family member of any in- 19 dividual, following such individual’s death 20 while committing an act of terrorism that 21 injured or killed a national of the United 22 States, if such payment is made by reason 23 of the death of such individual; or 24 VerDate Sep 11 2014 21:35 Oct 21, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S2132.RS S2132 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 2132 RS ‘‘(B)(i) after 15 days after the date of en- 1 actment of the Promoting Security and Justice 2 for Victims of Terrorism Act of 2019— 3 ‘‘(I) continues to maintain any office, 4 headquarters, premises, or other facilities 5 or establishments in the United States; 6 ‘‘(II) establishes or procures any of- 7 fice, headquarters, premises, or other fa- 8 cilities or establishments in the United 9 States; or 10 ‘‘(III) conducts any activity while 11 physically present in the United States on 12 behalf of the Palestine Liberation Organi- 13 zation or the Palestinian Authority; 14 ‘‘(ii)(I) after 120 days after the date of en- 15 actment of the Promoting Security and Justice 16 for Victims of Terrorism Act of 2019, has not 17 submitted a notice of withdrawal from all spe- 18 cialized agencies of the United Nations of which 19 the defendant has the same standing as a mem- 20 ber state in the United Nations or any special- 21 ized agency thereof outside an agreement nego- 22 tiated between Israel and the Palestinians; or 23 ‘‘(II) after 2 years after the date of enact- 24 ment of the Promoting Security and Justice for 25 VerDate Sep 11 2014 21:35 Oct 21, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.RS S2132 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 2132 RS Victims of Terrorism Act of 2019, has the same 1 standing as a member state in the United Na- 2 tions or any specialized agency thereof outside 3 an agreement negotiated between Israel and the 4 Palestinians; or 5 ‘‘(iii) after the date of enactment of this 6 clause, makes, renews, promotes, or advances 7 any application in order to obtain the same 8 standing as a member state in the United Na- 9 tions or any specialized agency thereof, or ac- 10 cepts such standing, outside an agreement ne- 11 gotiated between Israel and the Palestinians.’’; 12 and 13 (2) by adding at the end the following: 14 ‘‘(3) EXCEPTION FOR CERTAIN PAYMENTS AND 15 ASSISTANCE.—In determining whether a defendant 16 shall be deemed to have consented to personal juris- 17 diction under paragraph (1)(A), no court may con- 18 sider any payment or assistance described in section 19 1004(b)(1) of the Taylor Force Act (22 U.S.C. 20 2378c–1(b)(1)). 21 ‘‘(4) 22 (2) in paragraph (2), by adding at the end the 23 following: ‘‘For purposes of paragraph (1)(A), no 24 court may consider the receipt of any assistance by 25 VerDate Sep 11 2014 21:35 Oct 21, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S2132.RS S2132 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 2132 RS a nongovernmental organization, whether direct or 1 indirect, as a basis for consent to jurisdiction by a 2 defendant.’’; and 3 (3) by adding at the end the following: 4 ‘‘(3) EXCEPTION FOR CERTAIN ACTIVITIES AND 5 LOCATIONS.—In determining whether a defendant 6 shall be deemed to have consented to personal juris- 7 diction under paragraph (1)(B) paragraph (1)(B)(i), 8 no court may consider— 9 ‘‘(A) any office, headquarters, premises, or 10 other facility or establishment used exclusively 11 for the purpose of conducting official business 12 of the United Nations; 13 ‘‘(B) any activity undertaken exclusively 14 for the purpose of conducting official business 15 of the United Nations; 16 ‘‘(C) any activity involving officials of the 17 United States that the Secretary of State deter- 18 mines is in the national security interest of the 19 United States if the Secretary reports to the 20 appropriate congressional committees annually 21 on the use of the authority under this subpara- 22 graph; 23 ‘‘(D) any activity undertaken exclusively 24 for the purpose of meetings with officials of the 25 VerDate Sep 11 2014 21:35 Oct 21, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.RS S2132 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 2132 RS United States or participation in training and 1 related activities funded or arranged by the 2 United States Government; or 3 ‘‘(E) any activity related to legal represen- 4 tation— 5 ‘‘(i) for matters related to activities 6 described in this paragraph; 7 ‘‘(ii) for the purpose of adjudicating 8 or resolving claims filed in courts of the 9 United States; or 10 ‘‘(iii) to comply with this subsection. 11 ‘‘(5) SUSPENSION.— 12 ‘‘(A) IN GENERAL.—In determining wheth- 13 er a defendant shall be deemed to have con- 14 sented to personal jurisdiction under this sub- 15 section, no court may consider assistance under 16 paragraph (1)(A) if such assistance is obligated 17 under any new contract, grant, or other agree- 18 ment, or expansion of the scope of or extension 19 of an existing contract, grant, or other agree- 20 ment with the United States Government dur- 21 ing a period in which the Secretary of State, in 22 consultation with the Attorney General, certifies 23 in writing to the President pro tempore of the 24 VerDate Sep 11 2014 21:35 Oct 21, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S2132.RS S2132 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 2132 RS Senate and Speaker of the House of Represent- 1 atives that— 2 ‘‘(i) all covered claims have been re- 3 solved and settled, or are proceeding to- 4 ward settlement because the defendant is 5 actively engaged in settlement discussions 6 with victims who have covered claims; and 7 ‘‘(ii) any claims similar to those de- 8 scribed in section 2 Promoting Security 9 and Justice for Victims of Terrorism Act 10 of 2019 and that have been filed after the 11 date of enactment of this paragraph are 12 proceeding toward settlement because the 13 defendant is actively engaged in settlement 14 discussions with victims who have such 15 claims. 16 ‘‘(B) RECERTIFICATION.—A certification 17 under this paragraph may be made for renew- 18 able periods of up to 1 year. 19 ‘‘(6)(4) RULE OF CONSTRUCTION.—Notwith- 20 standing any other law (including any treaty), any 21 office, headquarters, premises, or other facility or es- 22 tablishment within the territory of the United States 23 that is not specifically exempted by paragraph 24 (4)(A) (3)(A) shall be considered to be in the United 25 VerDate Sep 11 2014 21:35 Oct 21, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2132.RS S2132 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 2132 RS States for purposes of subclauses (I) and (II) of 1 paragraph (1)(B)(i). 2 ‘‘(7) SUNSET.—Paragraph (1)(A) shall termi- 3 nate on the date on which the Secretary of State, in 4 consultation with the Attorney General, certifies in 5 writing to the President pro tempore of the Senate 6 and Speaker of the House of Representatives that— 7 ‘‘(A) all covered claims have been resolved 8 and settled in a manner that is satisfactory to 9 the parties; and 10 ‘‘(B) on or after the 2-year period begin- 11 ning on the date of enactment of this para- 12 graph, there are no similar claims under section 13 2333 against a defendant that— 14 ‘‘(i) were filed on or after the date of 15 enactment of this paragraph; and 16 ‘‘(ii) that are pending. 17 ‘‘(8) DEFINITIONS.—In this subsection— 18 ‘‘(A) the term ‘covered claim’ has the 19 meaning given the term in section 2 Promoting 20 S [Text truncated for display. 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