Anti-Terrorism Clarification Act of 2018

Anti-terrorism Clarification Act of 2018

This bill amends the federal criminal code to make three changes to provisions governing civil claims for damages resulting from an act of international terrorism.

First, the bill narrows the limitation on such claims that occur during an act of war. Current law bars claims for international terrorism that occur during an armed conflict between military forces. This bill specifies that designated foreign terrorist organizations and specially designated global terrorists are not military forces.

Second, the bill makes available any asset of a terrorist party seized or frozen under the Foreign Narcotics Kingpin Designation Act for the satisfaction of court-awarded judgments against the terrorist party.

Third, it allows federal courts to exercise personal jurisdiction over a foreign non-state defendant that accepts benefits from the United States (e.g., foreign assistance).

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5954 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5954

 To amend title 18, United States Code, to clarify the meaning of the 
  terms ``act of war'' and ``blocked asset'', and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2018

  Mr. Goodlatte (for himself, Mr. Nadler, Mr. Posey, Miss Rice of New 
York, and Mr. Smith of New Jersey) introduced the following bill; which 
             was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to clarify the meaning of the 
  terms ``act of war'' and ``blocked asset'', and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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--
            (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 the 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) Application.--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 part) 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.--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--
            ``(1) after the date of enactment of this subsection, 
        accepts--
                    ``(A) assistance under chapter 4 of part II of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2346 et 
                seq.); or
                    ``(B) assistance under section 481 of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2291) for 
                international narcotics control and law enforcement; or
            ``(2) 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)--
                    ``(A) after the date that is 120 days after the 
                date of enactment of this subsection continues to 
                maintain any office, headquarters, premises, or other 
                facilities or establishments within the jurisdiction of 
                the United States; or
                    ``(B) after the date of enactment of this 
                subsection establishes or procures any office, 
                headquarters, premises, or other facilities or 
                establishments within the jurisdiction of the United 
                States.''.
    (b) Applicability.--The amendments made by this section shall apply 
to any civil action filed after the date of enactment of this Act.
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