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 
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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: 

‘‘§ 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’’. 
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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. 
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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.