IC 

114TH CONGRESS 

2D SESSION S. 2040 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2016 

Referred to the Committee on the Judiciary 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Justice Against Spon3 sors of Terrorism Act’’. 

4 SEC. 2. FINDINGS AND PURPOSE. 

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

6 (1) International terrorism is a serious and 

7 deadly problem that threatens the vital interests of 

8 the United States. 

9 (2) International terrorism affects the inter10 state and foreign commerce of the United States by 

11 harming international trade and market stability, 

12 and limiting international travel by United States 

13 citizens as well as foreign visitors to the United 

14 States. 

15 (3) Some foreign terrorist organizations, acting 

16 through affiliated groups or individuals, raise signifi17 cant funds outside of the United States for conduct 

18 directed and targeted at the United States. 

19 (4) It is necessary to recognize the substantive 

20 causes of action for aiding and abetting and con21 spiracy liability under chapter 113B of title 18, 

22 United States Code. 

23 (5) The decision of the United States Court of 

24 Appeals for the District of Columbia in Halberstam 

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

26 been widely recognized as the leading case regarding 


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1 Federal civil aiding and abetting and conspiracy li2 ability, including by the Supreme Court of the 

3 United States, provides the proper legal framework 

4 for how such liability should function in the context 

5 of chapter 113B of title 18, United States Code. 

6 (6) Persons, entities, or countries that know7 ingly or recklessly contribute material support or re8 sources, directly or indirectly, to persons or organi9 zations that pose a significant risk of committing 

10 acts of terrorism that threaten the security of na11 tionals of the United States or the national security, 

12 foreign policy, or economy of the United States, nec13 essarily direct their conduct at the United States, 

14 and should reasonably anticipate being brought to 

15 court in the United States to answer for such activi16 ties. 

17 (7) The United States has a vital interest in 

18 providing persons and entities injured as a result of 

19 terrorist attacks committed within the United States 

20 with full access to the court system in order to pur21 sue civil claims against persons, entities, or countries 

22 that have knowingly or recklessly provided material 

23 support or resources, directly or indirectly, to the 

24 persons or organizations responsible for their inju25 ries. 


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

2 civil litigants with the broadest possible basis, consistent 

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

4 against persons, entities, and foreign countries, wherever 

5 acting and wherever they may be found, that have pro6 vided material support, directly or indirectly, to foreign 

7 organizations or persons that engage in terrorist activities 

8 against the United States. 

9 SEC. 3. RESPONSIBILITY OF FOREIGN STATES FOR INTER10 NATIONAL TERRORISM AGAINST THE UNITED 

11 STATES. 

12 (a) IN GENERAL.—Chapter 97 of title 28, United 

13 States Code, is amended by inserting after section 1605A 

14 the following: 

15 ‘‘§ 1605B. Responsibility of foreign states for inter16 national terrorism against the United 

17 States 

18 ‘‘(a) DEFINITION.—In this section, the term ‘inter19 national terrorism’— 

20 ‘‘(1) has the meaning given the term in section 

21 2331 of title 18, United States Code; and 

22 ‘‘(2) does not include any act of war (as defined 

23 in that section). 

24 ‘‘(b) RESPONSIBILITY OF FOREIGN STATES.—A for25 eign state shall not be immune from the jurisdiction of 


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1 the courts of the United States in any case in which money 

2 damages are sought against a foreign state for physical 

3 injury to person or property or death occurring in the 

4 United States and caused by— 

5 ‘‘(1) an act of international terrorism in the 

6 United States; and 

7 ‘‘(2) a tortious act or acts of the foreign state, 

8 or of any official, employee, or agent of that foreign 

9 state while acting within the scope of his or her of10 fice, employment, or agency, regardless where the 

11 tortious act or acts of the foreign state occurred. 

12 ‘‘(c) CLAIMS BY NATIONALS OF THE UNITED

13 STATES.—Notwithstanding section 2337(2) of title 18, a 

14 national of the United States may bring a claim against 

15 a foreign state in accordance with section 2333 of that 

16 title if the foreign state would not be immune under sub17 section (b). 

18 ‘‘(d) RULE OF CONSTRUCTION.—A foreign state shall 

19 not be subject to the jurisdiction of the courts of the 

20 United States under subsection (b) on the basis of an 

21 omission or a tortious act or acts that constitute mere neg22 ligence.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

24 (1) The table of sections for chapter 97 of title 

25 28, United States Code, is amended by inserting 


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1 after the item relating to section 1605A the fol2 lowing: 

‘‘1605B. Responsibility of foreign states for international terrorism against the 

United States.’’. 

3 (2) Subsection 1605(g)(1)(A) of title 28, 

4 United States Code, is amended by inserting ‘‘or 

5 section 1605B’’ after ‘‘but for section 1605A’’. 

6 SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL AC7 TIONS REGARDING TERRORIST ACTS. 

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

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘(d) LIABILITY.— 

12 ‘‘(1) DEFINITION.—In this subsection, the term 

13 ‘person’ has the meaning given the term in section 

14 1 of title 1. 

15 ‘‘(2) LIABILITY.—In an action under subsection 

16 (a) for an injury arising from an act of international 

17 terrorism committed, planned, or authorized by an 

18 organization that had been designated as a foreign 

19 terrorist organization under section 219 of the Im20 migration and Nationality Act (8 U.S.C. 1189), as 

21 of the date on which such act of international ter22 rorism was committed, planned, or authorized, liabil23 ity may be asserted as to any person who aids and 

24 abets, by knowingly providing substantial assistance, 


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1 or who conspires with the person who committed 

2 such an act of international terrorism.’’. 

3 (b) EFFECT ON FOREIGN SOVEREIGN IMMUNITIES

4 ACT.—Nothing in the amendment made by this section 

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

6 in section 1603 of title 28, United States Code, from juris7 diction under other law. 

8 SEC. 5. STAY OF ACTIONS PENDING STATE NEGOTIATIONS. 

9 (a) EXCLUSIVE JURISDICTION.—The courts of the 

10 United States shall have exclusive jurisdiction in any ac11 tion in which a foreign state is subject to the jurisdiction 

12 of a court of the United States under section 1605B of 

13 title 28, United States Code, as added by section 3(a) of 

14 this Act. 

15 (b) INTERVENTION.—The Attorney General may in16 tervene in any action in which a foreign state is subject 

17 to the jurisdiction of a court of the United States under 

18 section 1605B of title 28, United States Code, as added 

19 by section 3(a) of this Act, for the purpose of seeking a 

20 stay of the civil action, in whole or in part. 

21 (c) STAY.— 

22 (1) IN GENERAL.—A court of the United States 

23 may stay a proceeding against a foreign state if the 

24 Secretary of State certifies that the United States is 

25 engaged in good faith discussions with the foreign 


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1 state defendant concerning the resolution of the 

2 claims against the foreign state, or any other parties 

3 as to whom a stay of claims is sought. 

4 (2) DURATION.— 

5 (A) IN GENERAL.—A stay under this sec6 tion may be granted for not more than 180 

7 days. 

8 (B) EXTENSION.— 

9 (i) IN GENERAL.—The Attorney Gen10 eral may petition the court for an exten11 sion of the stay for additional 180-day pe12 riods. 

13 (ii) RECERTIFICATION.—A court shall 

14 grant an extension under clause (i) if the 

15 Secretary of State recertifies that the 

16 United States remains engaged in good 

17 faith discussions with the foreign state de18 fendant concerning the resolution of the 

19 claims against the foreign state, or any 

20 other parties as to whom a stay of claims 

21 is sought. 

22 SEC. 6. SEVERABILITY. 

23 If any provision of this Act or any amendment made 

24 by this Act, or the application of a provision or amend25 ment to any person or circumstance, is held to be invalid, 


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1 the remainder of this Act and the amendments made by 

2 this Act, and the application of the provisions and amend3 ments to any other person not similarly situated or to 

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

5 SEC. 7. EFFECTIVE DATE. 

6 The amendments made by this Act shall apply to any 

7 civil action— 

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

9 date of enactment of this Act; and 

10 (2) arising out of an injury to a person, prop11 erty, or business on or after September 11, 2001. 

Passed the Senate May 17, 2016. 

Attest: JULIE E. ADAMS, 

Secretary. 


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