Broadband Deployment Accuracy and Technological Availability Act

Floor Speech

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Mr. GRASSLEY. Madam President, in October the Senate Judiciary Committee marked up and passed S. 2132, the Promoting Security and Justice for Victims of Terrorism Act of 2019. I am happy to say that after further good faith negotiations among key stakeholders within and outside of Congress, a version of the bill is included in the appropriations package the Senate will soon consider.

I am proud to be a lead cosponsor of this bipartisan bill and to have helped lead it through the Judiciary Committee. Senator Lankford, who introduced this legislation, has tirelessly worked to get it across the finish line in the Senate. From day one of this effort, American victims of terrorism have had a tremendous ally in the Senator from Oklahoma and his staff, and I thank him for his leadership.

Earlier today, Senator Lankford discussed parts of this bipartisan legislation in greater detail. I would like to associate myself with his remarks.

I am also very grateful to Senators Duckworth, Rubio, Blumenthal, and Coons for their support and work on behalf of victims.

It is not easy to find common ground here in the Senate, but there is one issue where we should all agree: Those who aid or carry out terrorist attacks overseas that kill or injure Americans should be held fully accountable in our justice system.

For over 25 years, the Anti-Terrorism Act of 1992, ATA, which I authored and Congress unanimously passed, has empowered American victims of international terrorism to bring lawsuits in Federal courts to vindicate their rights and obtain compensation for their injuries-- providing some semblance of justice.

Equally important, these lawsuits disrupt and deter the financial support of terrorist organizations. By cutting terrorists' financial lifelines, the ATA is a key part of the U.S. arsenal in fighting terrorism and protecting American citizens.

The 1992 law removed the jurisdictional hurdles that had for so long frustrated or outright prevented American victims' ability to seek justice in U.S. courts for attacks committed overseas. Congress passed the ATA in the wake of international terrorist attacks, including the Palestine Liberation Front's 1985 killing of Leon Klinghoffer, a Jewish American aboard the Achille Lauro cruise ship.

For 25 years the law worked as intended. The Palestine Liberation Organization, PLO, and Palestinian Authority themselves were repeatedly held to account in U.S. courts and paid a price for terrorist attacks that harmed or killed Americans. But starting in 2015, lower court decisions made it impossible for American victims injured abroad to hold sponsors of international terrorism accountable in our own courts. These decisions nullified the fundamental purpose of the ATA--to protect Americans wherever in the world they may be--and disrespected Congress's power to protect U.S. citizens and U.S. interests.

Last year, I introduced the bipartisan Anti-Terrorism Clarification Act of 2018, ATCA, in direct response to those court decisions, including Sokolow v. PLO in the second Circuit and Livnat v. Palestinian Authority in the DC Circuit. Congress passed the ATCA--once again, without objection--to restore jurisdiction and thereby finally secure justice for victims.

The ATCA expressed a clear principle: If the PLO and Palestinian Authority continued to maintain any office or facility in the United States, or accepted taxpayer-funded U.S. assistance, they would be answerable in our courts for perpetrating or supporting terrorism that harmed or killed Americans. The bipartisan bill was considered through regular order as a standalone bill, with markups in both Chambers, passed Congress without objection, and was signed into law by President Trump in October of 2018.

Shortly thereafter, instead of facing justice in our courts, the Palestinian Authority rejected all U.S.-backed humanitarian assistance provided to the West Bank and Gaza. In its zeal to dodge legal responsibility, the Palestinian Authority even prevented non- governmental organization, NGO, from receiving U.S. assistance.

The Palestinian Authority's strategically overbroad interpretation of the ATCA harmed the very people it claims to represent on the international stage.

After inexcusable objections and delays--which I previously outlined on the Senate floor--the State Department finally began to constructively work with me and my colleagues to improve upon the ATCA, respond to the Palestinian Authority's actions, and finally remove the jurisdictional hurdles imposed on American victims by flawed court decisions.

The Promoting Security and Justice for Victims of Terrorism Act of 2019 is the product of those negotiations and enables victims of terrorism to vindicate their rights in U.S. courts. It also responds directly to the Palestinian Authority's shameful blocking of security assistance and humanitarian services. This bill marks a rare compromise reached by American victims of terrorism and the State Department.

I hope it in some way also sets a new precedent for our own State Department to continue working on behalf of and never again at odds with American victims.

During the bill's markup this past October, Senator Coons offered an amendment that I cosponsored to add another important means of securing jurisdiction in our courts over the PLO and Palestinian Authority: If they pay terrorists or families of terrorists who injured or killed Americans, then that reprehensible conduct will be grounds for jurisdiction in ATA cases. This is a sound addition to the bill to support the United States' global fight against terrorism, as reflected in years of legislation--most recently the Taylor Force Act. The PLO and Palestinian Authority's ``pay to slay'' policies are nothing short of an incitement for further acts of terrorism. Connecting these payments to jurisdiction in ATA cases is perhaps the least Congress should do to further discourage such conduct and protect Americans abroad.

The bill also sends a clear signal that Congress intends to empower courts to restore jurisdiction in cases previously dismissed.

The American principle that everyone deserves meaningful access to justice is as old as the Constitution itself. This bipartisan bill will reopen the courthouse doors to American victims and their families. I am grateful for its inclusion in the appropriations measure that the Senate will soon consider.

Once again, I want to thank Senator Lankford for his leadership and tireless work these past several months on behalf of American victims of terrorism.

Finally, I also want to thank Chairman Graham for making this bill a priority in the Judiciary Committee. I now urge all of my colleagues' support for this important and bipartisan measure.

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