II 111th CONGRESS 1st Session S. 2930 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.

1.

Short title

This Act may be cited as the Justice Against Sponsors of Terrorism Act.

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.

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.

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.

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.

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.

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:

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.

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.

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.