S 2132 — Promoting Security and Justice for Victims of Terrorism Act of 2019

2132 IntroducedReported in Senate (IS)](RS)] <DOC> 116thCalendar CONGRESSNo. 1st Session S.

250 116th CONGRESS 1st Session S.

Duckworth, and Mr.

Grassley)Grassley, introducedand theMr. following bill;

whichBlumenthal) wasintroduced read twice and referred to the Committeefollowing onbill; the Judiciary _______________________________________________________________________ A BILL To promote security and provide justice for United States victims of international terrorism.

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.

(a) In General.--Section 2334(e) of title 18, United States Code, is amended-- <DELETED> (1) in paragraph (1)--(1)--</DELETED> <DELETED> (A) in subparagraph (A)--(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'';obligates'';</DELETED> <DELETED> (ii) in clause (i), by adding ``or'' at the end;</DELETED> <DELETED> (iii) by striking clause (ii);

(ii)and</DELETED> in<DELETED> clause(iv) (i), by addingredesignating ``or''clause at(iii) theas end;clause (ii);

(iii)and</DELETED> <DELETED> (B) by striking clausesubparagraph (ii);(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 (iv)Justice for Victims of Terrorism Act of 2019, makes any payment, directly or indirectly-- ``(i) to any payee designated by redesignatingany clauseindividual (iii)who, asafter clausebeing (ii);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;

andor (B)``(ii) byto strikingany subparagraphfamily (B)member andof insertingany individual, following such individual's death while committing an act of terrorism that injured or killed a national of the following: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;

and <DELETED> (2) by adding at the end the following: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.

``(3)2378c-1(b)(1)).</DELETED> Exception``(4) for(2) certainin payments and assistance.--In determining whether a defendant shall be deemed to have consented to personal jurisdiction under paragraph (1)(A),(2), noby courtadding mayat considerthe anyend payment or assistance described in section 1004(b)(1) of the Taylorfollowing: Force Act (22 U.S.C.

2378c-``For 1(b)(1)).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.'';

``(4) Exception for certain activities and locations.--In(3) determiningby whetheradding aat 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 purposeend of conducting official business of the Unitedfollowing: Nations;

``(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;

<DELETED> ``(5) Suspension.--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--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;

andand</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.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).

``(B)<DELETED> Recertification.--A``(7) certificationSunset.--Paragraph under(1)(A) thisshall paragraphterminate mayon bethe madedate foron renewablewhich periodsthe Secretary of upState, in consultation with the Attorney General, certifies in writing to 1the year.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;

``(6)and</DELETED> Rule<DELETED> of``(B) construction.--Notwithstandingon anyor otherafter lawthe (including2-year anyperiod treaty),beginning anyon office,the headquarters,date premises,of orenactment otherof facilitythis orparagraph, establishmentthere withinare theno territorysimilar ofclaims theunder Unitedsection States2333 thatagainst isa notdefendant specificallythat--</DELETED> exempted<DELETED> by``(i) paragraphwere (4)(A)filed shallon beor consideredafter to be in the Uniteddate States for purposes of subclausesenactment (I) and (II) of paragraphthis (1)(B)(i).paragraph;

``(7)and</DELETED> Sunset.--Paragraph<DELETED> (1)(A)``(ii) shallthat terminateare onpending.</DELETED> the<DELETED> date``(8) onDefinitions.--In whichthis thesubsection--</DELETED> Secretary<DELETED> of``(A) State, in consultation with the Attorneyterm General,`covered certifiesclaim' inhas writing to the Presidentmeaning progiven tempore of the Senateterm andin Speakersection of2 thePromoting HouseSecurity of Representatives that-- ``(A) all covered claims have been resolved and settledJustice infor aVictims mannerof thatTerrorism isAct satisfactoryof to2019; the parties;

andand</DELETED> <DELETED> ``(B) onterm or`defendant' aftermeans--</DELETED> <DELETED> ``(i) the 2-yearPalestinian periodAuthority;</DELETED> beginning<DELETED> on``(ii) the datePalestine ofLiberation enactmentOrganization;</DELETED> of<DELETED> this``(iii) paragraph,any thereorganization areor noother similarentity claimsthat underis sectiona 2333successor againstto aor defendantaffiliated that--with ``(i)the werePalestinian filedAuthority on or after the datePalestine ofLiberation enactmentOrganization; of this paragraph;

andor</DELETED> ``(ii)<DELETED> that``(iv) areany pending.organization or other entity--</DELETED> <DELETED> ``(I) identified in clause (i), (ii), or (iii);

``(8)and</DELETED> Definitions.--In<DELETED> this``(II) subsection--that ``(A)self- theidentifies termas, `coveredholds claim'itself hasout to be, or carries out conduct in the meaningname givenof, the term`State inof sectionPalestine' 2or Promoting`Palestine' Securityin andconnection Justicewith forofficial Victimsbusiness of Terrorismthe ActUnited ofNations.''.</DELETED> 2019;``(5) Defined term.--In this subsection, the term `defendant' means-- ``(A) the Palestinian Authority;

and ``(B) term `defendant' means-- ``(i) the PalestinianPalestine Authority;Liberation Organization;

``(ii)``(C) any organization or other entity that is a successor to or affiliated with the Palestinian Authority or the Palestine Liberation Organization;

``(iii)or ``(D) any organization or other entity thatthat-- ``(i) is aidentified successorin tosubparagraph or(A), affiliated(B), with the Palestinian Authority or the(C); Palestine Liberation Organization;

orand ``(iv)``(ii) anyself organizationidentifies oras, otherholds entity--itself ``(I)out identifiedto be, or carries out conduct in clausethe (i),name (ii),of, the `State of Palestine' or (iii);`Palestine' in connection with official business of the United Nations.''.

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.''.

<all>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