H.R. 5954, Anti-terrorism Clarification Act

Floor Situation

On Monday July 23, 2018, the House will consider H.R. 5954, the Anti-terrorism Clarification Act, under suspension of the rules. This bill was introduced on May 24, 2018 by Rep. Bob Goodlatte (R-VA) and was referred to the Committee on the Judiciary, which ordered the bill reported, as amended, by voice vote on June 13, 2018.

Summary              

H.R. 5954 clarifies ambiguities in the Anti-terrorism  Act of 1992  (ATA’s) “act of war” exception that allow designated foreign terrorists and their supporters to avoid liability; (2) closes a loophole that prevents victims of narco-terrorism from enforcing their judgments against terrorist assets that have been blocked by the Treasury Department; and (3) addresses lower court decisions that have allowed entities that sponsor terrorist activity against U.S. nationals overseas to avoid the jurisdiction of U.S. courts.

Background

The Anti-terrorism Act of 1992 exempted lawful “acts of war” from the scope of its civil liability provisions. However, some defendants accused of aiding and abetting acts of international terrorism have successfully claimed in court that the law’s “act of war” defense shields them from civil liability, even when the act of terrorism was perpetrated by a designated terrorist group. The Anti-Terrorism Clarification Act of 2018 clarifies that the “act of war” defense does not apply to acts carried out by entities designated as foreign terrorist organizations by the U.S. government or any person that has been determined by the court to not be a military force. This simple amendment will help ensure that American victims of terrorism—including soldiers and other personnel serving abroad—can have their rightful day in court.[1]

Under current law, American victims of terrorism may use the assets of a terrorist entity that are frozen by the U.S. government to satisfy court-awarded judgments. Assets frozen under the Foreign Narcotics Kingpin Designation Act (“Kingpin Act”), however, are currently unavailable to victims of terrorism. This leaves victims of narco-terrorism without a meaningful method of satisfying their Antiterrorism Act judgements. The Anti-Terrorism Clarification Act clarifies that assets of a terrorist party that are blocked under the Kingpin Act are available to victims.[2]

Recent court decisions have called into question the Antiterrorism Act’s continued ability to hold terrorists or their supporters accountable in U.S. courts. For example, the Supreme Court’s recent decision to deny certiorari in Sokolow v. Palestine Liberation Organization leaves in place a circuit court decision regarding the extraterritorial scope of the 1992 law. Carrying out or assisting an act of international terrorism that injures or kills Americans abroad should provide sufficient justification to subject defendants to U.S. legal sanctions. The Anti-Terrorism Clarification Act clarifies that defendants who take advantage of benefits under certain U.S. laws shall be deemed to have consented to jurisdiction in U.S. courts for any Antiterrorism Act lawsuit.[3]

Cost

A Congressional Budget Office (CBO) estimate is not currently available.

Staff Contact

For questions or further information please contact Ryan Hofmann with the House Republican Policy Committee by email or at 2-6674.