Anti-Terrorism Clarification Act

Floor Speech

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Mr. GRASSLEY. Mr. President, last week, the Senate Judiciary Committee marked up and passed by voice vote S. 2946, the Anti- Terrorism Clarification Act of 2018.

I was proud to introduce this bipartisan bill and to lead it through the Judiciary Committee. I am proud to have Senators Nelson, Rubio, Whitehouse, Cruz, Blumenthal, Tillis, Coons, Cornyn, Hatch, and Kennedy as cosponsors.

It is not always easy to find common ground here in the Senate, but there is one issue where there is no doubt we can all agree: Those who aid or carry out terrorist attacks that kill or injure Americans should be held fully accountable.

Those who have been impacted should have a meaningful avenue to seek justice.

For over 25 years, the Anti-Terrorism Act has empowered American victims of international terrorism to bring civil lawsuits in Federal courts to vindicate their rights and obtain compensation for their injuries.

Just as important, these lawsuits disrupt and discourage the financing and material support of terrorist organizations. By cutting terrorists' financial lifelines, the ATA helps to reduce global terrorism, protecting Americans both here and abroad.

In short, the ATA puts terrorists on notice to keep their hands off Americans.

I was proud to be the lead sponsor of the ATA back in 1992, which removed the jurisdictional hurdles that, for too long, had frustrated or outright prevented American victims' ability to seek redress.

Since then, terrorists and those who financially support them have tried to blow holes in the law and stretch its exceptions beyond what Congress ever intended.

The Anti-Terrorism Clarification Act of 2018--and its additional improvements adopted in the Judiciary Committee last week--strengthens the ATA and reiterates Congress's original intent that terrorist groups and their supporters be brought to justice in U.S. Courts, regardless of where the attacks occurred.

It is a carefully considered and deliberately crafted response to efforts to undermine the ATA. It represents Congress's considered judgment in responding to acts of international terrorism that kill or injure Americans overseas.

The bill clarifies the ATA's so-called ``act of war'' exception. Congress never intended that designated terrorist organizations could dodge liability for attacks that kill or injure Americans by simply claiming this exception.

Some, however, have twisted the exception to get away scot-free. The ``act of war'' exception should not be a liability shield for designated terrorist organizations or their supporters.

This bill makes clear that the exception doesn't apply to those designated by the U.S. Government as foreign terrorist organizations or specially designated global terrorists.

This is common sense. As one Federal judge put it, ``To find that a terrorist organization can be a military force under the ATA would defeat the purpose of the Act, 'which was enacted to deter terrorist activity and hold liable those who engage in it.' ''

Outside of that, the bill keeps in place the current analysis that courts conduct when determining who is and is not a military force.

Second, the bill permits victims of narco-terrorism to satisfy court- awarded ATA judgments with the assets of foreign drug kingpins. Assets blocked by the Federal Government under the Kingpin Designation Act are not currently available to victims to satisfy their judgments.

This bill fixes that.

Finally, the bill responds to recent Federal court decisions that severely undermined the ability of American victims to bring terrorists to justice. The ATA was specifically designed to provide extraterritorial jurisdiction over terrorists who attack Americans overseas. Last year, I led an amicus brief, with 22 bipartisan Senators, to the Supreme Court in Sokolow v. Palestine Liberation Organization, reiterating the purpose and scope of the 1992 law.

I was stunned when the Justice Department failed to stand up in that case for American victims of terrorism.

Despite broad bipartisan support in Congress for the ATA and the victims it protects, the Justice Department, in fact, actively opposed those victims and their right to seek redress against terrorists.

Inconceivably, instead of standing up for American victims of terrorism, the administration urged the Court to not even consider the Sokolow decision.

Congress can act where the administration chose not to. Accordingly, this bill makes crystal clear that defendants who take advantage of certain benefits from the U.S. Government following 120 days after the bill's enactment--such as foreign assistance--will be deemed to have consented to personal jurisdiction in ATA cases.

Based on further improvements in a substitute amendment adopted by unanimous consent in the Judiciary Committee, the bill also restores jurisdiction in cases pending at the time of the bill's enactment. No defendant, after all, should be able to enjoy privileges under U.S. law, while simultaneously dodging responsibility for supporting terrorists that injure or kill Americans.

The Anti-Terrorism Clarification Act is supported by thousands of veterans and Gold Star families

It is supported by groups like AIPAC, the Anti-Defamation League, American Jewish Committee, Christians United for Israel, the Endowment for Middle East Truth, the Jewish Institute for National Security of America, the National Council of Young Israel, the Union of Orthodox Jewish Congregations of America, the Rabbinical Council of America, and the Zionist Organization of America.

I thank my colleagues on both sides of the aisle who have joined me on this bill and whose staffs are working tirelessly to help us move it forward.

I also want to thank Senators Nelson and Blumenthal for their support.

Finally, I want to thank House Judiciary Chairman Goodlatte and Ranking Member Nadler for introducing and moving the companion bill in the House of Representatives.

Now that the bill has been reported to the floor, I ask for all of my Senate colleagues' support and look forward to Congress sending this bill to the President's desk very soon.

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