US Codex
Bill
Notes

S. 2946 — what changed

Anti-Terrorism Clarification Act of 2018

From Reported in Senate to Engrossed in Senate. 3 sections amended between Reported in Senate and Engrossed in Senate.

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

changed “(ii) Specially Designated Global Terrorist specially designated global terrorist (as such term is defined in section 594.310 of the title 31, 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)
changed Application—Applicability— 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:

changed “(e) Use of blocked assets To 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 party) 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:

changed “(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—jurisdiction

changed “(1) after In general—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 enactment the occurrence of this subsection, accepts—the act of international terrorism upon which such civil action was filed, the defendant—

changed “(A) assistance under chapter 4 of part II of after the Foreign Assistance Act date that is 120 days after the date of 1961 (22 U.S.C. 2346 et seq.); orenactment of this subsection, accepts—

changed “(B) assistance “(i) any form of assistance, however provided, under section 481 chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2291) for international narcotics control and law enforcement; or2346 et seq.);

changed “(2) in the case of a defendant benefiting from a waiver or suspension “(ii) any form of assistance, however provided, under section 1003 481 of the Anti-Terrorism Foreign Assistance Act of 1987 1961 (22 U.S.C. 5202)—2291) for international narcotics control and law enforcement; or

changed “(A) after the date that is 120 days after the date “(iii) any form of enactment assistance, however provided, under chapter 9 of this subsection, continues to maintain any office, headquarters, premises, or other facilities or establishments within the jurisdiction part II of the United States; Foreign Assistance Act of 1961 (22 U.S.C. 2349bb et seq.); or

changed “(B) 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) after the date that is 120 days 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.”subsection—

added “(i) continues to maintain any office, headquarters, premises, or other facilities or establishments within the jurisdiction of the United States; or

added “(ii) establishes or procures any office, headquarters, premises, or other facilities or establishments within the jurisdiction of the United States.

added “(2) Applicability—Paragraph (1) shall not apply to any defendant who ceases to engage in the conduct described in paragraphs (1)(A) and (1)(B) for 5 consecutive calendar years.”

(b)
changed Applicability— The amendments made by this section shall apply to any civil action filed after take effect on the date of enactment of this Act.