[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2930 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2930

    To deter terrorism, provide justice for victims, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 23, 2009

 Mr. Specter (for himself, Mr. Schumer, and Mr. Graham) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
    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) The Constitution confers upon Congress the power to 
        punish crimes against the law of nations and to carry out the 
        treaty obligations of the United States, and therefore Congress 
        may by law impose penalties relating to the provision of 
        material support to foreign organizations engaged in terrorist 
        activity, and allow for victims of international terrorism to 
        recover damages from those who have harmed them.
            (3) 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.
            (4) Some foreign terrorist organizations, acting through 
        affiliated groups or individuals, raise significant funds 
        outside the United States for conduct directed and targeted at 
        the United States.
            (5) Foreign organizations that engage in terrorist activity 
        are so tainted by their criminal conduct that any contribution 
        to such an organization facilitates that conduct.
            (6) The imposition of civil liability at every point along 
        the causal chain of terrorism is necessary to deter the flow of 
        terrorism's lifeblood, money. As recognized by Judge Richard 
        Posner in Boim v. Holy Land Foundation for Relief and 
        Development, Nos. 05-1815, 05-1816, 05-1821, 05-1822, _ F.3d _ 
        (7th Cir. 2008) (en banc), ``Damages are a less effective 
        remedy against terrorists and their organizations than against 
        their financial angels . . . suits against financiers of 
        terrorism can cut the terrorists' lifeline.'' Moreover, the 
        statute of limitations for such claims must be extensive for 
        such claims, for as the Seventh Circuit notes, ``Seed money for 
        terrorism can sprout acts of violence long after the 
        investment''.
            (7) The reasoning and decision of the United States Court 
        of Appeals for the Second Circuit in In Re: Terrorists Attacks 
        on September 11, 2001, 538 F.3d 71 (2d Cir. 2008) undermine 
        important counter-terrorism policies of the United States, by 
        affording undue protection from civil liability to persons, 
        entities and states that provide material support or resources 
        to foreign terrorist organizations, and by depriving victims of 
        international terrorism of meaningful access to court to seek 
        redress for their injuries.
            (8) Persons, entities or states 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 United States nationals 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 haled into court in the 
        United States to answer for such activities.
            (9) 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 court to 
        pursue civil claims against persons, entities, or states 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 fullest possible basis, consistent with the Constitution, to 
seek relief against persons, entities and foreign states, wherever 
acting and wherever they may be found, which have provided material 
support or resources, directly or indirectly, to foreign organizations 
that engage in terrorist activities.

SEC. 3. FOREIGN SOVEREIGN IMMUNITY.

    (a) Exceptions.--Section 1605(a)(5) of title 28, United States 
Code, is amended--
            (1) in the matter before subparagraph (A), by--
                    (A) inserting ``in tort'' after ``in which money 
                damages are sought'';
                    (B) inserting ``regardless of where the underlying 
                tortious act or omission is committed, and to include 
                without limitation any tort claim in relation to an act 
                of extrajudicial killing, aircraft sabotage, hostage 
                taking, terrorism, or the provision of material support 
                or resources (as defined in section 2339A of title 18) 
                for such an act, or any claim for contribution or 
                indemnity in relation to a claim arising from such an 
                act,'' after ``United States''; and
                    (C) striking ``and caused by the tortious act or 
                omission of that foreign state or of any official or 
                employee of that foreign state while acting within the 
                scope of his office or employment''; and
            (2) in subparagraph (A), by inserting ``, subject to the 
        limitations of international and other governing law and 
        fundamental precepts of humanity,'' after ``function''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply retroactively to--
            (1) all proceedings pending in any court at the date of 
        enactment of this Act as provided in subsection (c) and 
        commenced after the date of enactment of this Act; and
            (2) dismissed actions as provided in subsection (d).
    (c) Pending Actions.--With respect to any action that--
            (1) was brought under section 1605(a)(5) of title 28, 
        United States Code, before the date of the enactment of this 
        Act;
            (2) relied upon said provision as establishing subject 
        matter jurisdiction; and
            (3) as of such date of enactment, is before the courts in 
        any form, including on appeal or motion under rule 60(b) of the 
        Federal Rules of Civil Procedure;
that action shall, on motion made by plaintiffs to the court where the 
action is then pending, be given effect as if the action had originally 
been filed under section 1605(a)(5) of title 28, United States Code, as 
amended by this Act.
    (d) Dismissed Actions.--With respect to any action that--
            (1) was brought under section 1605(a)(5) of title 28, 
        United States Code, before the date of the enactment of this 
        Act;
            (2) relied upon said provision as establishing subject 
        matter jurisdiction; and
            (3) has been finally dismissed on the grounds that said 
        provision did not provide a basis for subject matter 
        jurisdiction in relation to claims arising from an act of 
        terrorism;
that action shall, on motion made by plaintiffs to the United States 
district court where the action was originally filed, be reinstated.

SEC. 4. JURISDICTION OVER FOREIGN STATES FOR ACTIONS OF FOREIGN 
              OFFICIALS.

    (a) In General.--Section 1604 of title 28, United States Code, is 
amended by inserting at the end the following:
    ``Except as provided under section 1605A, any claim based on an act 
or omission of an official or employee of a foreign state or of an 
official or employee of an organ of a foreign state, while acting 
within the scope of his office or employment, shall be asserted against 
the foreign state or organ of the foreign state.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to all proceedings commenced after the date of enactment of this Act.

SEC. 5. AIDING AND ABETTING LIABILITY UNDER THE ANTI-TERRORISM ACT OF 
              1991.

    (a) In General.--Section 2333 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(d) Liability.--In a suit arising under subsection (a) of this 
section, liability may be asserted as to the person or persons who 
committed such act of international terrorism or any person or entity 
that aided, abetted, provided material support or resources (as defined 
in Section 2339A(b)(1) of this title) to, or conspired with the person 
or persons who committed such an act of international terrorism.
    ``(e) Non-Applicability of Doctrine of Claim Preclusion.--Any 
action that seeks recovery under this chapter, as amended, for conduct 
that was the basis of a previous suit dismissed for lack of subject 
matter jurisdiction under the Foreign Sovereign Immunities Act (28 
U.S.C. 1330, 1602 et seq.), shall not, to that extent, be subject to 
dismissal under the doctrine of claim preclusion.''.
    (b) Effective Date.--This amendment shall apply retroactively to 
all proceedings pending in any form on the date of enactment of this 
Act and to all proceedings commenced after the date of enactment of 
this Act.

SEC. 6. JURISDICTION UNDER THE ANTI-TERRORISM ACT OF 1991.

    (a) In General.--Section 2334 of title 18, United States Code, is 
amended by inserting at the end the following:
    ``(e) Jurisdiction.--The district courts shall have personal 
jurisdiction, to the maximum extent permissible under the Fifth 
Amendment of the United States Constitution, over any person who aids 
and abets an act of international terrorism or who provides material 
support or resources as set forth in sections 2339A, 2339B, or 2339C of 
this title, for acts of international terrorism in which any national 
of the United States suffers injury in his or her person, property or 
business by reason of such an act in violation of section 2333 of this 
title.''.
    (b) Effective Date.--The amendment made by this section shall apply 
retroactively to all proceedings pending in any form at on date of 
enactment of this Act and to all proceedings commenced after the date 
of enactment of this Act.

SEC. 7. LIABILITY FOR GOVERNMENT OFFICIALS UNDER THE ANTI-TERRORISM ACT 
              OF 1991.

    (a) In General.--Section 2337 of title 18, United States Code, is 
amended to read as follows:

``SEC. 2337. SUITS AGAINST GOVERNMENT OFFICIALS.

    ``No action shall be maintained under section 2333 of this title 
against the United States, an agency of the United States, or an 
officer or employee of the United States or any agency thereof acting 
within his or her official capacity or under color of legal 
authority.''.
    (b) Effective Date.--The amendment made by this section shall apply 
retroactively to all proceedings pending in any form on the date of 
enactment of this Act and to all proceedings commenced after the date 
of enactment of this Act.

SEC. 8. STATUTE OF LIMITATIONS UNDER THE ANTI-TERRORISM ACT OF 1991.

    (a) In General.--Section 2335 of title 18, United States Code, is 
amended--
            (1) in subsection (a), by striking ``four years'' and 
        inserting ``10 years''; and
            (2) in subsection (b), by striking ``four years'' and 
        inserting ``10 years''.
    (b) Effective Date.--The amendment made by this section shall apply 
retroactively to all proceedings pending in any form on the date of 
enactment of this Act and to all proceedings commenced after the date 
of enactment of this Act.
    (c) Effect on Dismissed Causes of Action.--Any private civil action 
arising from a violation of the Anti-Terrorism Act of 1991--
            (1) that was dismissed as time barred prior to the date of 
        enactment of this Act; and
            (2) which would have been timely filed pursuant to section 
        2335 of title 18, United States Code, as amended by this 
        section, may be refiled not later than 90 days after the date 
        of enactment of this Act.

SEC. 9. SEVERABILITY.

    If any provision of this Act or the amendments made by this Act or 
the application thereof to any person or circumstance is held invalid, 
the remainder of this Act, the amendments made by this Act, or the 
application thereof to other persons not similarly situated or to other 
circumstances shall not be affected by such invalidation.
                                 <all>