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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting Security 

5 and Justice for Victims of Terrorism Act of 2019’’. 


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1 SEC. 2. FACILITATION OF THE SETTLEMENT OF TER2 RORISM-RELATED CLAIMS OF NATIONALS OF 

3 THE UNITED STATES. 

4 (a) COMPREHENSIVE PROCESS TO FACILITATE THE

5 RESOLUTION OF ANTI-TERRORISM ACT CLAIMS.—The 

6 Secretary of State, in consultation with the Attorney Gen7 eral, shall, not later than 30 days after the date of enact8 ment of this Act, develop and initiate a comprehensive 

9 process for the Department of State to facilitate the reso10 lution and settlement of covered claims. 

11 (b) ELEMENTS OF COMPREHENSIVE PROCESS.—The 

12 comprehensive process developed under subsection (a) 

13 shall include, at a minimum, the following: 

14 (1) Not later than 45 days after the date of en15 actment of this Act, the Department of State shall 

16 publish a notice in the Federal Register identifying 

17 the method by which a national of the United 

18 States, or a representative of a national of the 

19 United States, who has a covered claim, may contact 

20 the Department of State to give notice of the cov21 ered claim. 

22 (2) Not later than 120 days after the date of 

23 enactment of this Act, the Secretary of State, or a 

24 designee of the Secretary, shall meet (and make 

25 every effort to continue to meet on a regular basis 

26 thereafter) with any national of the United States, 


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1 or a representative of a national of the United 

2 States, who has a covered claim and has informed 

3 the Department of State of the covered claim using 

4 the method established pursuant to paragraph (1) to 

5 discuss the status of the covered claim, including the 

6 status of any settlement discussions with the Pales7 tinian Authority or the Palestine Liberation Organi8 zation. 

9 (3) Not later than 180 days after the date of 

10 enactment of this Act, the Secretary of State, or a 

11 designee of the Secretary, shall make every effort to 

12 meet (and make every effort to continue to meet on 

13 a regular basis thereafter) with representatives of 

14 the Palestinian Authority and the Palestine Libera15 tion Organization to discuss the covered claims iden16 tified pursuant to subsection (a) and potential settle17 ment of the covered claims. 

18 (c) REPORT TO CONGRESS.—The Secretary of State 

19 shall, not later than 240 days after the date of enactment 

20 of this Act, and annually thereafter for 5 years, submit 

21 to the Committee on the Judiciary and the Committee on 

22 Foreign Relations of the Senate and the Committee on 

23 the Judiciary and the Committee on Foreign Affairs of 

24 the House of Representatives a report describing activities 

25 that the Department of State has undertaken to comply 


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1 with this section, including specific updates regarding 

2 paragraphs (2) and (3) of subsection (b). 

3 (d) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) covered claims should be resolved in a man6 ner that provides just compensation to the victims; 

7 (2) covered claims should be resolved and set8 tled in favor of the victim to the fullest extent pos9 sible and without subjecting victims to unnecessary 

10 or protracted litigation; 

11 (3) the United States Government should take 

12 all practicable steps to facilitate the resolution and 

13 settlement of all covered claims, including engaging 

14 directly with the victims or their representatives and 

15 the Palestinian Authority and the Palestine Libera16 tion Organization; and 

17 (4) the United States Government should 

18 strongly urge the Palestinian Authority and the Pal19 estine Liberation Organization to commit to good20 faith negotiations to resolve and settle all covered 

21 claims. 

22 (e) DEFINITION.—In this section, the term ‘‘covered 

23 claim’’ means any pending action by, or final judgment 

24 in favor of, a national of the United States, or any action 

25 by a national of the United States dismissed for lack of 


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1 personal jurisdiction, under section 2333 of title 18, 

2 United States Code, against the Palestinian Authority or 

3 the Palestine Liberation Organization. 

4 SEC. 3. JURISDICTIONAL AMENDMENTS TO FACILITATE 

5 RESOLUTION OF TERRORISM-RELATED 

6 CLAIMS OF NATIONALS OF THE UNITED 

7 STATES. 

8 (a) IN GENERAL.—Section 2334(e) of title 18, 

9 United States Code, is amended— 

10 (1) in paragraph (1)— 

11 (A) in subparagraph (A)— 

12 (i) in the matter preceding clause (i), 

13 by striking ‘‘after the date that is 120 

14 days after the date of enactment of this 

15 subsection, accepts’’ and inserting ‘‘after 

16 January 31, 2019, and except as provided 

17 in paragraph (3), enters into a new con18 tract, grant, or other agreement, or ex19 pands the scope of or extends in any way 

20 an existing contract, grant, or other agree21 ment, with the United States Government 

22 that obligates’’; 

23 (ii) in clause (i), by adding ‘‘or’’ at 

24 the end; 

25 (iii) by striking clause (ii); and 


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1 (iv) by redesignating clause (iii) as 

2 clause (ii); and 

3 (B) by striking subparagraph (B) and in4 serting the following: 

5 (1) in paragraph (1), by striking subparagraphs 

6 (A) and (B) and inserting the following: 

7 ‘‘(A) after the date that is 120 days after 

8 the date of the enactment of the Promoting Secu9 rity and Justice for Victims of Terrorism Act of 

10 2019, makes any payment, directly or indi11 rectly— 

12 ‘‘(i) to any payee designated by any 

13 individual who, after being fairly tried or 

14 pleading guilty, has been imprisoned for 

15 committing any act of terrorism that in16 jured or killed a national of the United 

17 States, if such payment is made by reason 

18 of such imprisonment; or 

19 ‘‘(ii) to any family member of any in20 dividual, following such individual’s death 

21 while committing an act of terrorism that 

22 injured or killed a national of the United 

23 States, if such payment is made by reason 

24 of the death of such individual; or 


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1 ‘‘(B)(i) after 15 days after the date of en2 actment of the Promoting Security and Justice 

3 for Victims of Terrorism Act of 2019— 

4 ‘‘(I) continues to maintain any office, 

5 headquarters, premises, or other facilities 

6 or establishments in the United States; 

7 ‘‘(II) establishes or procures any of8 fice, headquarters, premises, or other fa9 cilities or establishments in the United 

10 States; or 

11 ‘‘(III) conducts any activity while 

12 physically present in the United States on 

13 behalf of the Palestine Liberation Organi14 zation or the Palestinian Authority; 

15 ‘‘(ii)(I) after 120 days after the date of en16 actment of the Promoting Security and Justice 

17 for Victims of Terrorism Act of 2019, has not 

18 submitted a notice of withdrawal from all spe19 cialized agencies of the United Nations of which 

20 the defendant has the same standing as a mem21 ber state in the United Nations or any special22 ized agency thereof outside an agreement nego23 tiated between Israel and the Palestinians; or 

24 ‘‘(II) after 2 years after the date of enact25 ment of the Promoting Security and Justice for 


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1 Victims of Terrorism Act of 2019, has the same 

2 standing as a member state in the United Na3 tions or any specialized agency thereof outside 

4 an agreement negotiated between Israel and the 

5 Palestinians; or 

6 ‘‘(iii) after the date of enactment of this 

7 clause, makes, renews, promotes, or advances 

8 any application in order to obtain the same 

9 standing as a member state in the United Na10 tions or any specialized agency thereof, or ac11 cepts such standing, outside an agreement ne12 gotiated between Israel and the Palestinians.’’; 

13 and 

14 (2) by adding at the end the following: 

15 ‘‘(3) EXCEPTION FOR CERTAIN PAYMENTS AND

16 ASSISTANCE.—In determining whether a defendant 

17 shall be deemed to have consented to personal juris18 diction under paragraph (1)(A), no court may con19 sider any payment or assistance described in section 

20 1004(b)(1) of the Taylor Force Act (22 U.S.C. 

21 2378c–1(b)(1)). 

22 ‘‘(4) 

23 (2) in paragraph (2), by adding at the end the 

24 following: ‘‘For purposes of paragraph (1)(A), no 

25 court may consider the receipt of any assistance by 


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1 a nongovernmental organization, whether direct or 

2 indirect, as a basis for consent to jurisdiction by a 

3 defendant.’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(3) EXCEPTION FOR CERTAIN ACTIVITIES AND

6 LOCATIONS.—In determining whether a defendant 

7 shall be deemed to have consented to personal juris8 diction under paragraph (1)(B) paragraph (1)(B)(i), 

9 no court may consider— 

10 ‘‘(A) any office, headquarters, premises, or 

11 other facility or establishment used exclusively 

12 for the purpose of conducting official business 

13 of the United Nations; 

14 ‘‘(B) any activity undertaken exclusively 

15 for the purpose of conducting official business 

16 of the United Nations; 

17 ‘‘(C) any activity involving officials of the 

18 United States that the Secretary of State deter19 mines is in the national security interest of the 

20 United States if the Secretary reports to the 

21 appropriate congressional committees annually 

22 on the use of the authority under this subpara23 graph; 

24 ‘‘(D) any activity undertaken exclusively 

25 for the purpose of meetings with officials of the 


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1 United States or participation in training and 

2 related activities funded or arranged by the 

3 United States Government; or 

4 ‘‘(E) any activity related to legal represen5 tation— 

6 ‘‘(i) for matters related to activities 

7 described in this paragraph; 

8 ‘‘(ii) for the purpose of adjudicating 

9 or resolving claims filed in courts of the 

10 United States; or 

11 ‘‘(iii) to comply with this subsection. 

12 ‘‘(5) SUSPENSION.— 

13 ‘‘(A) IN GENERAL.—In determining wheth14 er a defendant shall be deemed to have con15 sented to personal jurisdiction under this sub16 section, no court may consider assistance under 

17 paragraph (1)(A) if such assistance is obligated 

18 under any new contract, grant, or other agree19 ment, or expansion of the scope of or extension 

20 of an existing contract, grant, or other agree21 ment with the United States Government dur22 ing a period in which the Secretary of State, in 

23 consultation with the Attorney General, certifies 

24 in writing to the President pro tempore of the 


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1 Senate and Speaker of the House of Represent2 atives that— 

3 ‘‘(i) all covered claims have been re4 solved and settled, or are proceeding to5 ward settlement because the defendant is 

6 actively engaged in settlement discussions 

7 with victims who have covered claims; and 

8 ‘‘(ii) any claims similar to those de9 scribed in section 2 Promoting Security 

10 and Justice for Victims of Terrorism Act 

11 of 2019 and that have been filed after the 

12 date of enactment of this paragraph are 

13 proceeding toward settlement because the 

14 defendant is actively engaged in settlement 

15 discussions with victims who have such 

16 claims. 

17 ‘‘(B) RECERTIFICATION.—A certification 

18 under this paragraph may be made for renew19 able periods of up to 1 year. 

20 ‘‘(6)(4) RULE OF CONSTRUCTION.—Notwith21 standing any other law (including any treaty), any 

22 office, headquarters, premises, or other facility or es23 tablishment within the territory of the United States 

24 that is not specifically exempted by paragraph 

25 (4)(A) (3)(A) shall be considered to be in the United 


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1 States for purposes of subclauses (I) and (II) of 

2 paragraph (1)(B)(i). 

3 ‘‘(7) SUNSET.—Paragraph (1)(A) shall termi4 nate on the date on which the Secretary of State, in 

5 consultation with the Attorney General, certifies in 

6 writing to the President pro tempore of the Senate 

7 and Speaker of the House of Representatives that— 

8 ‘‘(A) all covered claims have been resolved 

9 and settled in a manner that is satisfactory to 

10 the parties; and 

11 ‘‘(B) on or after the 2-year period begin12 ning on the date of enactment of this para13 graph, there are no similar claims under section 

14 2333 against a defendant that— 

15 ‘‘(i) were filed on or after the date of 

16 enactment of this paragraph; and 

17 ‘‘(ii) that are pending. 

18 ‘‘(8) DEFINITIONS.—In this subsection— 

19 ‘‘(A) the term ‘covered claim’ has the 

20 meaning given the term in section 2 Promoting 

21 Security and Justice for Victims of Terrorism 

22 Act of 2019; and 

23 ‘‘(B) term ‘defendant’ means— 

24 ‘‘(i) the Palestinian Authority; 


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1 ‘‘(ii) the Palestine Liberation Organi2 zation; 

3 ‘‘(iii) any organization or other entity 

4 that is a successor to or affiliated with the 

5 Palestinian Authority or the Palestine Lib6 eration Organization; or 

7 ‘‘(iv) any organization or other enti8 ty— 

9 ‘‘(I) identified in clause (i), (ii), 

10 or (iii); and 

11 ‘‘(II) that self-identifies as, holds 

12 itself out to be, or carries out conduct 

13 in the name of, the ‘State of Pal14 estine’ or ‘Palestine’ in connection 

15 with official business of the United 

16 Nations.’’. 

17 ‘‘(5) DEFINED TERM.—In this subsection, the 

18 term ‘defendant’ means— 

19 ‘‘(A) the Palestinian Authority; 

20 ‘‘(B) the Palestine Liberation Organization; 

21 ‘‘(C) any organization or other entity that 

22 is a successor to or affiliated with the Pales23 tinian Authority or the Palestine Liberation Or24 ganization; or 


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1 ‘‘(D) any organization or other entity 

2 that— 

3 ‘‘(i) is identified in subparagraph (A), 

4 (B), or (C); and 

5 ‘‘(ii) self identifies as, holds itself out 

6 to be, or carries out conduct in the name of, 

7 the ‘State of Palestine’ or ‘Palestine’ in con8 nection with official business of the United 

9 Nations.’’. 

10 (b) PRIOR CONSENT NOT ABROGATED.—The amend11 ments made by this section shall not abrogate any consent 

12 deemed to have been given under section 2334(e) of title 

13 18, United States Code, as in effect on the day before 

14 the date of enactment of this Act. 

15 SEC. 4. SEVERABILITY. 

16 If any provision of this Act, an amendment made by 

17 this Act, or the application of such provision or amendment 

18 to any person or circumstance is held to be unconstitu19 tional, the remainder of this Act, the amendments made by 

20 this Act, and the application of such provisions to any per21 son or circumstance shall not be affected thereby. 


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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 


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