Sec. 903. Promoting security and justice for victims of terrorism
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This section may be cited as the Promoting Security and Justice for Victims of Terrorism Act of 2019 . 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. The comprehensive process developed under paragraph
(1)shall include, at a minimum, the following: 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. 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. 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 subparagraph
(A)and potential settlement of the covered claims. 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 subsection, including specific updates regarding subparagraphs
(B)and
(C)of paragraph (2). It is the sense of Congress that— covered claims should be resolved in a manner that provides just compensation to the victims; 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; 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 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. 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. Section 2334(e) of title 18, United States Code, is amended— by striking paragraph
(1)and inserting the following: Except as provided in paragraph (2), 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— after the date that is 120 days after the date of the enactment of the Promoting Security and Justice for Victims of Terrorism Act of 2019 , makes any payment, directly or indirectly— to any payee designated by any individual who, after being 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; or to any family member of any individual, following such individual’s death while committing an act of terrorism that injured or killed a national of the United States, if such payment is made by reason of the death of such individual; or after 15 days after the date of enactment of the Promoting Security and Justice for Victims of Terrorism Act of 2019 — continues to maintain any office, headquarters, premises, or other facilities or establishments in the United States; establishes or procures any office, headquarters, premises, or other facilities or establishments in the United States; or conducts any activity while physically present in the United States on behalf of the Palestine Liberation Organization or the Palestinian Authority. ; in paragraph (2), by adding at the end the following: Except with respect to payments described in 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. ; and by adding at the end the following: In determining whether a defendant shall be deemed to have consented to personal jurisdiction under paragraph (1)(B), no court may consider— any office, headquarters, premises, or other facility or establishment used exclusively for the purpose of conducting official business of the United Nations; any activity undertaken exclusively for the purpose of conducting official business of the United Nations; any activity involving officials of the United States that the Secretary of State determines is in the national interest of the United States if the Secretary reports to the appropriate congressional committees annually on the use of the authority under this subparagraph; any activity undertaken exclusively for the purpose of meetings with officials of the United States or other foreign governments, or participation in training and related activities funded or arranged by the United States Government; any activity related to legal representation— for matters related to activities described in this paragraph; for the purpose of adjudicating or resolving claims filed in courts of the United States; or to comply with this subsection; or any personal or official activities conducted ancillary to activities listed under this paragraph. 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 (3)(A) shall be considered to be in the United States for purposes of paragraph (1)(B). In this subsection, the term defendant means— the Palestinian Authority; the Palestine Liberation Organization; any organization or other entity that is a successor to or affiliated with the Palestinian Authority or the Palestine Liberation Organization; or any organization or other entity that— is identified in subparagraph (A), (B), or (C); and 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. . 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. This section, and the amendments made by this section, should be liberally construed to carry out the purposes of Congress to provide relief for victims of terrorism. Nothing in this section may be construed to affect any law or authority, as in effect on the day before the date of enactment of this Act, relating to a case brought under section 2333(a) of title 18, United States Code, against a person who is not a defendant, as defined in paragraph
(5)of section 2334(e) of title 18, United States Code, as added by subsection (c)(1) of this section. This section, and the amendments made by this section, shall apply to any case pending on or after August 30, 2016. If any provision of this section, an amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this section, the amendments made by this section, and the application of such provisions to any person or circumstance shall not be affected thereby.