Text: S.2946 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-253 (10/03/2018)

 
[115th Congress Public Law 253]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 3183]]

Public Law 115-253
115th Congress

                                 An Act


 
  To amend title 18, United States Code, to clarify the meaning of the 
       terms ``act of war'' and ``blocked asset'', and for other 
             purposes. <<NOTE: Oct. 3, 2018 -  [S. 2946]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Anti-Terrorism 
Clarification Act of 2018. 18 USC 1 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anti-Terrorism Clarification Act of 
2018''.
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
                          ``(ii) specially designated global terrorist 
                      (as such term is defined in section 594.310 of 
                      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) <<NOTE: 18 USC 2331 note.>>  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:
    ``(e) Use of Blocked Assets 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)).''.

[[Page 132 STAT. 3184]]

    (b) <<NOTE: 18 USC 2333 note.>>  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:
    ``(e) Consent of Certain Parties to Personal Jurisdiction.--
            ``(1) <<NOTE: Effective dates.>>  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 the occurrence of the act of 
        international terrorism upon which such civil action was filed, 
        the defendant--
                    ``(A) after the date that is 120 days after the date 
                of enactment of this subsection, accepts--
                          ``(i) any form of assistance, however 
                      provided, under chapter 4 of part II of the 
                      Foreign Assistance Act of 1961 (22 U.S.C. 2346 et 
                      seq.);
                          ``(ii) any form of assistance, however 
                      provided, under section 481 of the Foreign 
                      Assistance Act of 1961 (22 U.S.C. 2291) for 
                      international narcotics control and law 
                      enforcement; or
                          ``(iii) any form of assistance, however 
                      provided, under chapter 9 of part II of the 
                      Foreign Assistance Act of 1961 (22 U.S.C. 2349bb 
                      et seq.); or
                    ``(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--
                          ``(i) continues to maintain any office, 
                      headquarters, premises, or other facilities or 
                      establishments within the jurisdiction of the 
                      United States; or
                          ``(ii) establishes or procures any office, 
                      headquarters, premises, or other facilities or 
                      establishments within the jurisdiction of the 
                      United States.
            ``(2) <<NOTE: Time period.>>  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.''.

[[Page 132 STAT. 3185]]

    (b) <<NOTE: 18 USC 2334 note.>>  Applicability.--The amendments made 
by this section shall take effect on the date of enactment of this Act.

    Approved October 3, 2018.

LEGISLATIVE HISTORY--S. 2946 (H.R. 5954):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 115-858 (Comm. on the Judiciary) accompanying 
H.R. 5954.
CONGRESSIONAL RECORD, Vol. 164 (2018):
            Aug. 22, considered and passed Senate.
            Sept. 13, considered and passed House.

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