II 

Calendar No. 362 

114TH CONGRESS 

2D SESSION S. 2040 

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

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 16, 2015 

Mr. CORNYN (for himself, Mr. SCHUMER, Mr. GRASSLEY, Mrs. FEINSTEIN, 

Mr. HATCH, Mr. MENENDEZ, Mr. GRAHAM, Mr. WHITEHOUSE, Mr. LEE, 

Ms. KLOBUCHAR, Mr. FLAKE, Mr. FRANKEN, Mr. CRUZ, Mr. COONS, Mr. 

TILLIS, Mr. BLUMENTHAL, Mr. PERDUE, Mr. MARKEY, Mrs. GILLIBRAND, and Mr. RUBIO) introduced the following bill; which was read 

twice and referred to the Committee on the Judiciary 

FEBRUARY 3, 2016 

Reported by Mr. GRASSLEY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice Against Spon5 sors of Terrorism Act’’. 


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1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) International terrorism is a serious and 

4 deadly problem that threatens the vital interests of 

5 the United States. 

6 (2) The Constitution confers upon Congress the 

7 power to punish crimes against the law of nations 

8 and therefore Congress may by law impose penalties 

9 on those who provide material support to foreign or10 ganizations engaged in terrorist activity, and allow 

11 for victims of international terrorism to recover 

12 damages from those who have harmed them. 

13 (3) International terrorism affects the inter14 state and foreign commerce of the United States by 

15 harming international trade and market stability, 

16 and limiting international travel by United States 

17 citizens as well as foreign visitors to the United 

18 States. 

19 (4) Some foreign terrorist organizations, acting 

20 through affiliated groups or individuals, raise signifi21 cant funds outside of the United States for conduct 

22 directed and targeted at the United States. 

23 (5) It is necessary to recognize the substantive 

24 causes of action for aiding and abetting and con25 spiracy liability under the Anti-Terrorism Act of 

26 1987 (22 U.S.C. 5201 et seq.). 


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1 (6) The decision of the United States Court of 

2 Appeals for the District of Columbia in Halberstam 

3 v. Welch, 705 F.2d 472 (D.C. Cir. 1983), which has 

4 been widely recognized as the leading case regarding 

5 Federal civil aiding and abetting and conspiracy li6 ability, including by the Supreme Court of the 

7 United States, provides the proper legal framework 

8 for how such liability should function in the context 

9 of the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 

10 et seq.). 

11 (7) The United Nations Security Council de12 clared in Resolution 1373, adopted on September 

13 28, 2001, that all countries have an affirmative obli14 gation to ‘‘[r]efrain from providing any form of sup15 port, active or passive, to entities or persons involved 

16 in terrorist acts,’’ and to ‘‘[e]nsure that any person 

17 who participates in the financing, planning, prepara18 tion or perpetration of terrorist acts or in supporting 

19 terrorist acts is brought to justice’’. 

20 (8) Consistent with these declarations, no coun21 try has the discretion to engage knowingly in the fi22 nancing or sponsorship of terrorism, whether di23 rectly or indirectly. 

24 (9) Persons, entities, or countries that know25 ingly or recklessly contribute material support or reVerDate Sep 11 2014 23:04 Feb 03, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S2040.RS S2040

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1 sources, directly or indirectly, to persons or organi2 zations that pose a significant risk of committing 

3 acts of terrorism that threaten the security of na4 tionals of the United States or the national security, 

5 foreign policy, or economy of the United States, nec6 essarily direct their conduct at the United States, 

7 and should reasonably anticipate being brought to 

8 court in the United States to answer for such activi9 ties. 

10 (10) The United States has a vital interest in 

11 providing persons and entities injured as a result of 

12 terrorist attacks committed within the United States 

13 with full access to the court system in order to pur14 sue civil claims against persons, entities, or countries 

15 that have knowingly or recklessly provided material 

16 support or resources, directly or indirectly, to the 

17 persons or organizations responsible for their inju18 ries. 

19 (b) PURPOSE.—The purpose of this Act is to provide 

20 civil litigants with the broadest possible basis, consistent 

21 with the Constitution of the United States, to seek relief 

22 against persons, entities, and foreign countries, wherever 

23 acting and wherever they may be found, that have pro24 vided material support, directly or indirectly, to foreign 


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1 organizations or persons that engage in terrorist activities 

2 against the United States. 

3 SEC. 3. FOREIGN SOVEREIGN IMMUNITY. 

4 Section 1605(a) of title 28, United States Code, is 

5 amended— 

6 (1) by amending paragraph (5) to read as fol7 lows: 

8 ‘‘(5) not otherwise encompassed in paragraph 

9 (2), in which money damages are sought against a 

10 foreign state arising out of physical injury or death, 

11 or damage to or loss of property, occurring in the 

12 United States and caused by the tortious act or 

13 omission of that foreign state or of any official or 

14 employee of that foreign state while acting within 

15 the scope of the office or employment of the official 

16 or employee (regardless of where the underlying 

17 tortious act or omission occurs), including any statu18 tory or common law tort claim arising out of an act 

19 of extrajudicial killing, aircraft sabotage, hostage 

20 taking, terrorism, or the provision of material sup21 port or resources for such an act, or any claim for 

22 contribution or indemnity relating to a claim arising 

23 out of such an act, except this paragraph shall not 

24 apply to— 


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1 ‘‘(A) any claim based upon the exercise or 

2 performance of, or the failure to exercise or 

3 perform, a discretionary function, regardless of 

4 whether the discretion is abused; or 

5 ‘‘(B) any claim arising out of malicious 

6 prosecution, abuse of process, libel, slander, 

7 misrepresentation, deceit, interference with con8 tract rights, or any claim for emotional distress 

9 or derivative injury suffered as a result of an 

10 event or injury to another person that occurs 

11 outside of the United States; or’’; and 

12 (2) by inserting after subsection (d) the fol13 lowing: 

14 ‘‘(e) DEFINITIONS.—For purposes of subsection 

15 (a)(5)— 

16 ‘‘(1) the terms ‘aircraft sabotage’, ‘extrajudicial 

17 killing’, ‘hostage taking’, and ‘material support or 

18 resources’ have the meanings given those terms in 

19 section 1605A(h); and 

20 ‘‘(2) the term ‘terrorism’ means international 

21 terrorism and domestic terrorism, as those terms are 

22 defined in section 2331 of title 18.’’. 


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1 SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL AC2 TIONS REGARDING TERRORIST ACTS. 

3 (a) IN GENERAL.—Section 2333 of title 18, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘(d) LIABILITY.—In an action under subsection (a) 

7 for an injury arising from an act of international terrorism 

8 committed, planned, or authorized by an organization that 

9 had been designated as a foreign terrorist organization 

10 under section 219 of the Immigration and Nationality Act 

11 (8 U.S.C. 1189), as of the date on which such act of inter12 national terrorism was committed, planned, or authorized, 

13 or that was so designated as a result of such act of inter14 national terrorism, liability may be asserted as to any per15 son who aided, abetted, or conspired with the person who 

16 committed such an act of international terrorism.’’. 

17 (b) EFFECT ON FOREIGN SOVEREIGN IMMUNITIES

18 ACT.—Nothing in the amendments made by this section 

19 affects immunity of a foreign state, as that term is defined 

20 in section 1603 of title 28, United States Code, from juris21 diction under other law. 

22 SEC. 5. PERSONAL JURISDICTION FOR CIVIL ACTIONS RE23 GARDING TERRORIST ACTS. 

24 Section 2334 of title 18, United States Code, is 

25 amended by inserting at the end the following: 


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1 ‘‘(e) PERSONAL JURISDICTION.—The district courts 

2 shall have personal jurisdiction, to the maximum extent 

3 permissible under the 5th Amendment to the Constitution 

4 of the United States, over any person who commits or aids 

5 and abets an act of international terrorism or otherwise 

6 sponsors such act or the person who committed such act, 

7 for acts of international terrorism in which any national 

8 of the United States suffers injury in his or her person, 

9 property, or business by reason of such an act in violation 

10 of section 2333.’’. 

11 SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS IN CIVIL 

12 ACTIONS REGARDING TERRORIST ACTS. 

13 Section 2337 of title 18, United States Code, is 

14 amended to read as follows: 

15 ‘‘§ 2337. Suits against Government officials 

16 ‘‘No action may be maintained under section 2333 

17 against— 

18 ‘‘(1) the United States; 

19 ‘‘(2) an agency of the United States; or 

20 ‘‘(3) an officer or employee of the United States 

21 or any agency of the United States acting within the 

22 official capacity of the officer or employee or under 

23 color of legal authority.’’. 


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1 SEC. 7. SEVERABILITY. 

2 If any provision of this Act or any amendment made 

3 by this Act, or the application of a provision or amend4 ment to any person or circumstance, is held to be invalid, 

5 the remainder of this Act and the amendments made by 

6 this Act, and the application of the provisions and amend7 ments to any other person not similarly situated or to 

8 other circumstances, shall not be affected by the holding. 

9 SEC. 8. EFFECTIVE DATE. 

10 The amendments made by this Act shall apply to any 

11 civil action— 

12 (1) pending on, or commenced on or after, the 

13 date of enactment of this Act; and 

14 (2) arising out of an injury to a person, prop15 erty, or business on or after September 11, 2001. 

16 SECTION 1. SHORT TITLE. 

17 This Act may be cited as the ‘‘Justice Against Spon18 sors of Terrorism Act’’. 

19 SEC. 2. FINDINGS AND PURPOSE. 

20 (a) FINDINGS.—Congress finds the following: 

21 (1) International terrorism is a serious and 

22 deadly problem that threatens the vital interests of the 

23 United States. 

24 (2) The Constitution confers upon Congress the 

25 power to punish crimes against the law of nations 

26 and therefore Congress may by law impose penalties 


asabaliauskas on DSK5VPTVN1PROD with BILLS
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•S 2040 RS

1 on those who provide material support to foreign or2 ganizations engaged in terrorist activity, and allow 

3 for victims of international terrorism to recover dam4 ages from those who have harmed them. 

5 (3) International terrorism affects the interstate 

6 and foreign commerce of the United States by harm7 ing international trade and market stability, and 

8 limiting international travel by United States citi9 zens as well as foreign visitors to the United States. 

10 (4) Some foreign terrorist organizations, acting 

11 through affiliated groups or individuals, raise signifi12 cant funds outside of the United States for conduct 

13 directed and targeted at the United States. 

14 (5) It is necessary to recognize the substantive 

15 causes of action for aiding and abetting and con16 spiracy liability under the Anti-Terrorism Act of 

17 1987 (22 U.S.C. 5201 et seq.). 

18 (6) The decision of the United States Court of 

19 Appeals for the District of Columbia in Halberstam 

20 v. Welch, 705 F.2d 472 (D.C. Cir. 1983), which has 

21 been widely recognized as the leading case regarding 

22 Federal civil aiding and abetting and conspiracy li23 ability, including by the Supreme Court of the United 

24 States, provides the proper legal framework for how 


asabaliauskas on DSK5VPTVN1PROD with BILLS
11 

•S 2040 RS

1 such liability should function in the context of the 

2 Anti-Terrorism Act of 1987 (22 U.S.C. 5201 et seq.). 

3 (7) The United Nations Security Council de4 clared in Resolution 1373, adopted on September 28, 

5 2001, that all countries have an affirmative obliga6 tion to ‘‘[r]efrain from providing any form of sup7 port, active or passive, to entities or persons involved 

8 in terrorist acts,’’ and to ‘‘[e]nsure that any person 

9 who participates in the financing, planning, prepara10 tion or perpetration of terrorist acts or in supporting 

11 terrorist acts is brought to justice’’. 

12 (8) Consistent with these declarations, no coun13 try has the discretion to engage knowingly in the fi14 nancing or sponsorship of terrorism, whether directly 

15 or indirectly. 

16 (9) Persons, entities, or countries that knowingly 

17 or recklessly contribute material support or resources, 

18 directly or indirectly, to persons or organizations that 

19 pose a significant risk of committing acts of terrorism 

20 that threaten the security of nationals of the United 

21 States or the national security, foreign policy, or 

22 economy of the United States, necessarily direct their 

23 conduct at the United States, and should reasonably 

24 anticipate being brought to court in the United States 

25 to answer for such activities. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
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1 (10) The United States has a vital interest in 

2 providing persons and entities injured as a result of 

3 terrorist attacks committed within the United States 

4 with full access to the court system in order to pursue 

5 civil claims against persons, entities, or countries 

6 that have knowingly or recklessly provided material 

7 support or resources, directly or indirectly, to the per8 sons or organizations responsible for their injuries. 

9 (b) PURPOSE.—The purpose of this Act is to provide 

10 civil litigants with the broadest possible basis, consistent 

11 with the Constitution of the United States, to seek relief 

12 against persons, entities, and foreign countries, wherever 

13 acting and wherever they may be found, that have provided 

14 material support, directly or indirectly, to foreign organi15 zations or persons that engage in terrorist activities against 

16 the United States. 

17 SEC. 3. FOREIGN SOVEREIGN IMMUNITY. 

18 Section 1605(a) of title 28, United States Code, is 

19 amended— 

20 (1) by amending paragraph (5) to read as fol21 lows: 

22 ‘‘(5) not otherwise encompassed in paragraph 

23 (2), in which money damages are sought against a 

24 foreign state arising out of physical injury or death, 

25 or damage to or loss of property, occurring in the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
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•S 2040 RS

1 United States and caused by the tortious act or omis2 sion of that foreign state or of any official or em3 ployee of that foreign state while acting within the 

4 scope of the office or employment of the official or em5 ployee (regardless of where the underlying tortious act 

6 or omission occurs), including any statutory or com7 mon law tort claim arising out of an act of 

8 extrajudicial killing, aircraft sabotage, hostage taking, 

9 terrorism, or the provision of material support or re10 sources for such an act, or any claim for contribution 

11 or indemnity relating to a claim arising out of such 

12 an act, except this paragraph shall not apply to— 

13 ‘‘(A) any claim based upon the exercise or 

14 performance of, or the failure to exercise or per15 form, a discretionary function, regardless of 

16 whether the discretion is abused; or 

17 ‘‘(B) any claim arising out of malicious 

18 prosecution, abuse of process, libel, slander, mis19 representation, deceit, interference with contract 

20 rights, or any claim for emotional distress or de21 rivative injury suffered as a result of an event 

22 or injury to another person that occurs outside 

23 of the United States; or’’; and 

24 (2) by inserting after subsection (d) the fol25 lowing: 


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1 ‘‘(e) DEFINITIONS.—For purposes of subsection 

2 (a)(5)— 

3 ‘‘(1) the terms ‘aircraft sabotage’, ‘extrajudicial 

4 killing’, ‘hostage taking’, and ‘material support or re5 sources’ have the meanings given those terms in sec6 tion 1605A(h); and 

7 ‘‘(2) the term ‘terrorism’ means international 

8 terrorism and domestic terrorism, as those terms are 

9 defined in section 2331 of title 18.’’. 

10 SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL AC11 TIONS REGARDING TERRORIST ACTS. 

12 (a) IN GENERAL.—Section 2333 of title 18, United 

13 States Code, is amended by adding at the end the following: 

14 ‘‘(d) LIABILITY.—In an action under subsection (a) for 

15 an injury arising from an act of international terrorism 

16 committed, planned, or authorized by an organization that 

17 had been designated as a foreign terrorist organization 

18 under section 219 of the Immigration and Nationality Act 

19 (8 U.S.C. 1189), as of the date on which such act of inter20 national terrorism was committed, planned, or authorized, 

21 liability may be asserted as to any person who aids and 

22 abets, by knowingly providing substantial assistance, or 

23 who conspires with the person who committed such an act 

24 of international terrorism.’’. 


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1 (b) EFFECT ON FOREIGN SOVEREIGN IMMUNITIES

2 ACT.—Nothing in the amendments made by this section af3 fects immunity of a foreign state, as that term is defined 

4 in section 1603 of title 28, United States Code, from juris5 diction under other law. 

6 SEC. 5. PERSONAL JURISDICTION FOR CIVIL ACTIONS RE7 GARDING TERRORIST ACTS. 

8 Section 2334 of title 18, United States Code, is amend9 ed by inserting at the end the following: 

10 ‘‘(e) PERSONAL JURISDICTION.—The district courts 

11 shall have personal jurisdiction, to the maximum extent 

12 permissible under the 5th Amendment to the Constitution 

13 of the United States, over any person who commits or aids 

14 and abets an act of international terrorism or who con15 spires with the person who committed such act, for acts of 

16 international terrorism in which any national of the 

17 United States suffers injury in his or her person, property, 

18 or business by reason of such an act in violation of section 

19 2333.’’. 

20 SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS IN CIVIL 

21 ACTIONS REGARDING TERRORIST ACTS. 

22 Section 2337 of title 18, United States Code, is amend23 ed to read as follows: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
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1 ‘‘§ 2337. Suits against Government officials 

2 ‘‘No action may be maintained under section 2333 

3 against— 

4 ‘‘(1) the United States; 

5 ‘‘(2) an agency of the United States; or 

6 ‘‘(3) an officer or employee of the United States 

7 or any agency of the United States acting within the 

8 official capacity of the officer or employee or under 

9 color of legal authority.’’. 

10 SEC. 7. SEVERABILITY. 

11 If any provision of this Act or any amendment made 

12 by this Act, or the application of a provision or amendment 

13 to any person or circumstance, is held to be invalid, the 

14 remainder of this Act and the amendments made by this 

15 Act, and the application of the provisions and amendments 

16 to any other person not similarly situated or to other cir17 cumstances, shall not be affected by the holding. 

18 SEC. 8. EFFECTIVE DATE. 

19 The amendments made by this Act shall apply to any 

20 civil action— 

21 (1) pending on, or commenced on or after, the 

22 date of enactment of this Act; and 

23 (2) arising out of an injury to a person, prop24 erty, or business on or after September 11, 2001. 


asabaliauskas on DSK5VPTVN1PROD with BILLS

asabaliauskas on DSK5VPTVN1PROD with BILLS
Calendar No. 362 

114TH CONGRESS 

2D SESSION S. 2040 

A BILL 

To deter terrorism, provide justice for victims, and 

F

for other purposes. 

EBRUARY 3, 2016 

Reported with an amendment 


asabaliauskas on DSK5VPTVN1PROD with BILLS