[Congressional Record Volume 162, Number 78 (Tuesday, May 17, 2016)]
[Senate]
[Pages S2885-S2886]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3945. Mr. CORNYN (for himself and Mr. Schumer) proposed an
amendment to the bill S. 2040, to deter terrorism, provide justice for
victims, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
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
[[Page S2886]]
``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.
______