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[Page S627]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUPPORT FOR AMERICAN VICTIMS OF TERRORISM
Mr. LEAHY. Mr. President, this past December, H.R. 1865, the Further
Consolidated Appropriations Act, 2020, was enacted into law as Public
Law 116-94. I want to take a moment to offer some clarity regarding
section 903 of division J of the Act, which is a modified version of
the Promoting Security and Justice for Victims of Terrorism Act of
2019.
I commend the Republican and Democratic Senators who have dedicated
their time to pursuing justice for American victims of terrorism. We
all want these victims to have their day in court and to be
appropriately compensated. It is also important that we do so in a
manner that does not do more harm than good. That is the balance that
was sought in section 903 on a bipartisan basis.
One component of section 903 is a provision that enables the
Palestinian Authority and the Palestinian Liberation Organization, PA
and PLO, to conduct certain activities in the United States
``exclusively for the purpose of conducting official business'' and
activities ``ancillary'' to those listed in the provision without
consenting to personal jurisdiction in civil cases. The provision was
included because Senators of both parties understand that it is in our
national interest to permit certain activities related to the official
representation of the PA and PLO. Having been part of the negotiation
that resulted in this language, I believe it is important that we have
a clear understanding of the types of activities that are considered
``ancillary'' to the conduct of official business.
While the official business of any foreign mission necessarily
includes meetings with Members of Congress and their staff,
representatives of the executive branch, and other public officials,
ancillary activities are those which may not be essential for the
minimal functioning of the mission but which support the mission's
primary operations. By way of example, I am confident that every Member
of this body would, as I do, consider a public statement, the issuance
of a press release, or a meeting or public appearance--while not
essential--to be ancillary to his or her primary functions as a U.S.
Senator and would reject any attempt to define such activities
otherwise.
That is also why, with regard to the PA and PLO, while we may or may
not agree with the statements of its representatives, the law
contemplates that its representatives may meet with advocates regarding
relevant issues, make public statements, and otherwise engage in public
advocacy and civil society activities that are ancillary to the conduct
of official business without consenting to personal jurisdiction. Such
jurisdiction is provided for elsewhere in section 903.
The message in this bill is clear: Congress is committed to pursuing
justice for American victims of terrorism while ensuring appropriate
standards regarding the ability of foreign missions to conduct official
business in the United States. This is a solution that protects U.S.
national interests, and I thank the Senators on both sides of the aisle
who have worked together to find a way forward on this measure.
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