[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2040 Engrossed in Senate (ES)]

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114th CONGRESS
  2d Session
                                S. 2040

_______________________________________________________________________

                                 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.

            Passed the Senate May 17, 2016.

            Attest:

                                                             Secretary.
114th CONGRESS

  2d Session

                                S. 2040

_______________________________________________________________________

                                 AN ACT

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