[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2040 Enrolled Bill (ENR)]
S.2040
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To deter terrorism, provide justice for victims, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice Against Sponsors of
Terrorism Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) International terrorism is a serious and deadly problem
that threatens the vital interests of the United States.
(2) International terrorism affects the interstate and foreign
commerce of the United States by harming international trade and
market stability, and limiting international travel by United
States citizens as well as foreign visitors to the United States.
(3) Some foreign terrorist organizations, acting through
affiliated groups or individuals, raise significant funds outside
of the United States for conduct directed and targeted at the
United States.
(4) It is necessary to recognize the substantive causes of
action for aiding and abetting and conspiracy liability under
chapter 113B of title 18, United States Code.
(5) The decision of the United States Court of Appeals for the
District of Columbia in Halberstam v. Welch, 705 F.2d 472 (D.C.
Cir. 1983), which has been widely recognized as the leading case
regarding Federal civil aiding and abetting and conspiracy
liability, including by the Supreme Court of the United States,
provides the proper legal framework for how such liability should
function in the context of chapter 113B of title 18, United States
Code.
(6) Persons, entities, or countries that knowingly or
recklessly contribute material support or resources, directly or
indirectly, to persons or organizations that pose a significant
risk of committing acts of terrorism that threaten the security of
nationals of the United States or the national security, foreign
policy, or economy of the United States, necessarily direct their
conduct at the United States, and should reasonably anticipate
being brought to court in the United States to answer for such
activities.
(7) The United States has a vital interest in providing persons
and entities injured as a result of terrorist attacks committed
within the United States with full access to the court system in
order to pursue civil claims against persons, entities, or
countries that have knowingly or recklessly provided material
support or resources, directly or indirectly, to the persons or
organizations responsible for their injuries.
(b) Purpose.--The purpose of this Act is to provide civil litigants
with the broadest possible basis, consistent with the Constitution of
the United States, to seek relief against persons, entities, and
foreign countries, wherever acting and wherever they may be found, that
have provided material support, directly or indirectly, to foreign
organizations or persons that engage in terrorist activities against
the United States.
SEC. 3. RESPONSIBILITY OF FOREIGN STATES FOR INTERNATIONAL TERRORISM
AGAINST THE UNITED STATES.
(a) In General.--Chapter 97 of title 28, United States Code, is
amended by inserting after section 1605A the following:
``Sec. 1605B. Responsibility of foreign states for international
terrorism against the United States
``(a) Definition.--In this section, the term `international
terrorism'--
``(1) has the meaning given the term in section 2331 of title
18, United States Code; and
``(2) does not include any act of war (as defined in that
section).
``(b) Responsibility of Foreign States.--A foreign state shall not
be immune from the jurisdiction of the courts of the United States in
any case in which money damages are sought against a foreign state for
physical injury to person or property or death occurring in the United
States and caused by--
``(1) an act of international terrorism in the United States;
and
``(2) a tortious act or acts of the foreign state, or of any
official, employee, or agent of that foreign state while acting
within the scope of his or her office, employment, or agency,
regardless where the tortious act or acts of the foreign state
occurred.
``(c) Claims by Nationals of the United States.--Notwithstanding
section 2337(2) of title 18, a national of the United States may bring
a claim against a foreign state in accordance with section 2333 of that
title if the foreign state would not be immune under subsection (b).
``(d) Rule of Construction.--A foreign state shall not be subject
to the jurisdiction of the courts of the United States under subsection
(b) on the basis of an omission or a tortious act or acts that
constitute mere negligence.''.
(b) Technical and Conforming Amendments.--
(1) The table of sections for chapter 97 of title 28, United
States Code, is amended by inserting after the item relating to
section 1605A the following:
``1605B. Responsibility of foreign states for international terrorism
against the United States.''.
(2) Subsection 1605(g)(1)(A) of title 28, United States Code,
is amended by inserting ``or section 1605B'' after ``but for
section 1605A''.
SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL ACTIONS REGARDING
TERRORIST ACTS.
(a) In General.--Section 2333 of title 18, United States Code, is
amended by adding at the end the following:
``(d) Liability.--
``(1) Definition.--In this subsection, the term `person' has
the meaning given the term in section 1 of title 1.
``(2) Liability.--In an action under subsection (a) for an
injury arising from an act of international terrorism committed,
planned, or authorized by an organization that had been designated
as a foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189), as of the date on
which such act of international terrorism was committed, planned,
or authorized, liability may be asserted as to any person who aids
and abets, by knowingly providing substantial assistance, or who
conspires with the person who committed such an act of
international terrorism.''.
(b) Effect on Foreign Sovereign Immunities Act.--Nothing in the
amendment made by this section affects immunity of a foreign state, as
that term is defined in section 1603 of title 28, United States Code,
from jurisdiction under other law.
SEC. 5. STAY OF ACTIONS PENDING STATE NEGOTIATIONS.
(a) Exclusive Jurisdiction.--The courts of the United States shall
have exclusive jurisdiction in any action in which a foreign state is
subject to the jurisdiction of a court of the United States under
section 1605B of title 28, United States Code, as added by section 3(a)
of this Act.
(b) Intervention.--The Attorney General may intervene in any action
in which a foreign state is subject to the jurisdiction of a court of
the United States under section 1605B of title 28, United States Code,
as added by section 3(a) of this Act, for the purpose of seeking a stay
of the civil action, in whole or in part.
(c) Stay.--
(1) In general.--A court of the United States may stay a
proceeding against a foreign state if the Secretary of State
certifies that the United States is engaged in good faith
discussions with the foreign state defendant concerning the
resolution of the claims against the foreign state, or any other
parties as to whom a stay of claims is sought.
(2) Duration.--
(A) In general.--A stay under this section may be granted
for not more than 180 days.
(B) Extension.--
(i) In general.--The Attorney General may petition the
court for an extension of the stay for additional 180-day
periods.
(ii) Recertification.--A court shall grant an extension
under clause (i) if the Secretary of State recertifies that
the United States remains engaged in good faith discussions
with the foreign state defendant concerning the resolution
of the claims against the foreign state, or any other
parties as to whom a stay of claims is sought.
SEC. 6. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision or amendment to any person or
circumstance, is held to be invalid, the remainder of this Act and the
amendments made by this Act, and the application of the provisions and
amendments to any other person not similarly situated or to other
circumstances, shall not be affected by the holding.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall apply to any civil action--
(1) pending on, or commenced on or after, the date of enactment
of this Act; and
(2) arising out of an injury to a person, property, or business
on or after September 11, 2001.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.