II 

111TH CONGRESS 

1ST SESSION S. 2930 

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

IN THE SENATE OF THE UNITED STATES 

DECEMBER 23, 2009 

Mr. SPECTER (for himself, Mr. SCHUMER, and Mr. GRAHAM) introduced the 

following bill; which was read twice and referred to the Committee on the 

Judiciary 

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’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

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

8 (1) International terrorism is a serious and 

9 deadly problem that threatens the vital interests of 

10 the United States. 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 2930 IS

1 (2) The Constitution confers upon Congress the 

2 power to punish crimes against the law of nations 

3 and to carry out the treaty obligations of the United 

4 States, and therefore Congress may by law impose 

5 penalties relating to the provision of material sup6 port to foreign organizations engaged in terrorist ac7 tivity, and allow for victims of international ter8 rorism to recover damages from those who have 

9 harmed them. 

10 (3) International terrorism affects the inter11 state and foreign commerce of the United States by 

12 harming international trade and market stability, 

13 and limiting international travel by United States 

14 citizens as well as foreign visitors to the United 

15 States. 

16 (4) Some foreign terrorist organizations, acting 

17 through affiliated groups or individuals, raise signifi18 cant funds outside the United States for conduct di19 rected and targeted at the United States. 

20 (5) Foreign organizations that engage in ter21 rorist activity are so tainted by their criminal con22 duct that any contribution to such an organization 

23 facilitates that conduct. 

24 (6) The imposition of civil liability at every 

25 point along the causal chain of terrorism is necVerDate Nov 24 2008 02:40 Dec 24, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2930.IS S2930

smartinez on DSKB9S0YB1PROD with BILLS
3 

•S 2930 IS

1 essary to deter the flow of terrorism’s lifeblood, 

2 money. As recognized by Judge Richard Posner in 

3 Boim v. Holy Land Foundation for Relief and De4 velopment, Nos. 05–1815, 05–1816, 05–1821, 05– 

5 1822, l F.3d l (7th Cir. 2008) (en banc), ‘‘Dam6 ages are a less effective remedy against terrorists 

7 and their organizations than against their financial 

8 angels . . . suits against financiers of terrorism can 

9 cut the terrorists’ lifeline.’’ Moreover, the statute of 

10 limitations for such claims must be extensive for 

11 such claims, for as the Seventh Circuit notes, ‘‘Seed 

12 money for terrorism can sprout acts of violence long 

13 after the investment’’. 

14 (7) The reasoning and decision of the United 

15 States Court of Appeals for the Second Circuit in In 

16 Re: Terrorists Attacks on September 11, 2001, 538 

17 F.3d 71 (2d Cir. 2008) undermine important 

18 counter-terrorism policies of the United States, by 

19 affording undue protection from civil liability to per20 sons, entities and states that provide material sup21 port or resources to foreign terrorist organizations, 

22 and by depriving victims of international terrorism 

23 of meaningful access to court to seek redress for 

24 their injuries. 


smartinez on DSKB9S0YB1PROD with BILLS
4 

•S 2930 IS

1 (8) Persons, entities or states that knowingly or 

2 recklessly contribute material support or resources, 

3 directly or indirectly, to persons or organizations 

4 that pose a significant risk of committing acts of 

5 terrorism that threaten the security of United States 

6 nationals or the national security, foreign policy, or 

7 economy of the United States, necessarily direct 

8 their conduct at the United States, and should rea9 sonably anticipate being haled into court in the 

10 United States to answer for such activities. 

11 (9) The United States has a vital interest in 

12 providing persons and entities injured as a result of 

13 terrorist attacks committed within the United States 

14 with full access to court to pursue civil claims 

15 against persons, entities, or states that have know16 ingly or recklessly provided material support or re17 sources, directly or indirectly, to the persons or or18 ganizations responsible for their injuries. 

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

20 civil litigants with the fullest possible basis, consistent 

21 with the Constitution, to seek relief against persons, enti22 ties and foreign states, wherever acting and wherever they 

23 may be found, which have provided material support or 

24 resources, directly or indirectly, to foreign organizations 

25 that engage in terrorist activities. 


smartinez on DSKB9S0YB1PROD with BILLS
5 

•S 2930 IS

1 SEC. 3. FOREIGN SOVEREIGN IMMUNITY. 

2 (a) EXCEPTIONS.—Section 1605(a)(5) of title 28, 

3 United States Code, is amended— 

4 (1) in the matter before subparagraph (A), 

5 by— 

6 (A) inserting ‘‘in tort’’ after ‘‘in which 

7 money damages are sought’’; 

8 (B) inserting ‘‘regardless of where the un9 derlying tortious act or omission is committed, 

10 and to include without limitation any tort claim 

11 in relation to an act of extrajudicial killing, air12 craft sabotage, hostage taking, terrorism, or the 

13 provision of material support or resources (as 

14 defined in section 2339A of title 18) for such 

15 an act, or any claim for contribution or indem16 nity in relation to a claim arising from such an 

17 act,’’ after ‘‘United States’’; and 

18 (C) striking ‘‘and caused by the tortious 

19 act or omission of that foreign state or of any 

20 official or employee of that foreign state while 

21 acting within the scope of his office or employ22 ment’’; and 

23 (2) in subparagraph (A), by inserting ‘‘, subject 

24 to the limitations of international and other gov25 erning law and fundamental precepts of humanity,’’ 

26 after ‘‘function’’. 


smartinez on DSKB9S0YB1PROD with BILLS
6 

•S 2930 IS

1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall apply retroactively to— 

3 (1) all proceedings pending in any court at the 

4 date of enactment of this Act as provided in sub5 section (c) and commenced after the date of enact6 ment of this Act; and 

7 (2) dismissed actions as provided in subsection 

8 (d). 

9 (c) PENDING ACTIONS.—With respect to any action 

10 that— 

11 (1) was brought under section 1605(a)(5) of 

12 title 28, United States Code, before the date of the 

13 enactment of this Act; 

14 (2) relied upon said provision as establishing 

15 subject matter jurisdiction; and 

16 (3) as of such date of enactment, is before the 

17 courts in any form, including on appeal or motion 

18 under rule 60(b) of the Federal Rules of Civil Proce19 dure; 

20 that action shall, on motion made by plaintiffs to the court 

21 where the action is then pending, be given effect as if the 

22 action had originally been filed under section 1605(a)(5) 

23 of title 28, United States Code, as amended by this Act. 

24 (d) DISMISSED ACTIONS.—With respect to any action 

25 that— 


smartinez on DSKB9S0YB1PROD with BILLS
7 

•S 2930 IS

1 (1) was brought under section 1605(a)(5) of 

2 title 28, United States Code, before the date of the 

3 enactment of this Act; 

4 (2) relied upon said provision as establishing 

5 subject matter jurisdiction; and 

6 (3) has been finally dismissed on the grounds 

7 that said provision did not provide a basis for sub8 ject matter jurisdiction in relation to claims arising 

9 from an act of terrorism; 

10 that action shall, on motion made by plaintiffs to the 

11 United States district court where the action was origi12 nally filed, be reinstated. 

13 SEC. 4. JURISDICTION OVER FOREIGN STATES FOR AC14 TIONS OF FOREIGN OFFICIALS. 

15 (a) IN GENERAL.—Section 1604 of title 28, United 

16 States Code, is amended by inserting at the end the fol17 lowing: 

18 ‘‘Except as provided under section 1605A, any claim 

19 based on an act or omission of an official or employee of 

20 a foreign state or of an official or employee of an organ 

21 of a foreign state, while acting within the scope of his of22 fice or employment, shall be asserted against the foreign 

23 state or organ of the foreign state.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
8 

•S 2930 IS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall apply to all proceedings commenced after 

3 the date of enactment of this Act. 

4 SEC. 5. AIDING AND ABETTING LIABILITY UNDER THE 

5 ANTI-TERRORISM ACT OF 1991. 

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

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘(d) LIABILITY.—In a suit arising under subsection 

10 (a) of this section, liability may be asserted as to the per11 son or persons who committed such act of international 

12 terrorism or any person or entity that aided, abetted, pro13 vided material support or resources (as defined in Section 

14 2339A(b)(1) of this title) to, or conspired with the person 

15 or persons who committed such an act of international ter16 rorism. 

17 ‘‘(e) NON-APPLICABILITY OF DOCTRINE OF CLAIM

18 PRECLUSION.—Any action that seeks recovery under this 

19 chapter, as amended, for conduct that was the basis of 

20 a previous suit dismissed for lack of subject matter juris21 diction under the Foreign Sovereign Immunities Act (28 

22 U.S.C. 1330, 1602 et seq.), shall not, to that extent, be 

23 subject to dismissal under the doctrine of claim pre24 clusion.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
9 

•S 2930 IS

1 (b) EFFECTIVE DATE.—This amendment shall apply 

2 retroactively to all proceedings pending in any form on the 

3 date of enactment of this Act and to all proceedings com4 menced after the date of enactment of this Act. 

5 SEC. 6. JURISDICTION UNDER THE ANTI-TERRORISM ACT 

6 OF 1991. 

7 (a) IN GENERAL.—Section 2334 of title 18, United 

8 States Code, is amended by inserting at the end the fol9 lowing: 

10 ‘‘(e) JURISDICTION.—The district courts shall have 

11 personal jurisdiction, to the maximum extent permissible 

12 under the Fifth Amendment of the United States Con13 stitution, over any person who aids and abets an act of 

14 international terrorism or who provides material support 

15 or resources as set forth in sections 2339A, 2339B, or 

16 2339C of this title, for acts of international terrorism in 

17 which any national of the United States suffers injury in 

18 his or her person, property or business by reason of such 

19 an act in violation of section 2333 of this title.’’. 

20 (b) EFFECTIVE DATE.—The amendment made by 

21 this section shall apply retroactively to all proceedings 

22 pending in any form at on date of enactment of this Act 

23 and to all proceedings commenced after the date of enact24 ment of this Act. 


smartinez on DSKB9S0YB1PROD with BILLS
10 

•S 2930 IS

1 SEC. 7. LIABILITY FOR GOVERNMENT OFFICIALS UNDER 

2 THE ANTI-TERRORISM ACT OF 1991. 

3 (a) IN GENERAL.—Section 2337 of title 18, United 

4 States Code, is amended to read as follows: 

5 ‘‘SEC. 2337. SUITS AGAINST GOVERNMENT OFFICIALS. 

6 ‘‘No action shall be maintained under section 2333 

7 of this title against the United States, an agency of the 

8 United States, or an officer or employee of the United 

9 States or any agency thereof acting within his or her offi10 cial capacity or under color of legal authority.’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 this section shall apply retroactively to all proceedings 

13 pending in any form on the date of enactment of this Act 

14 and to all proceedings commenced after the date of enact15 ment of this Act. 

16 SEC. 8. STATUTE OF LIMITATIONS UNDER THE ANTI-TER17 RORISM ACT OF 1991. 

18 (a) IN GENERAL.—Section 2335 of title 18, United 

19 States Code, is amended— 

20 (1) in subsection (a), by striking ‘‘four years’’ 

21 and inserting ‘‘10 years’’; and 

22 (2) in subsection (b), by striking ‘‘four years’’ 

23 and inserting ‘‘10 years’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

25 this section shall apply retroactively to all proceedings 

26 pending in any form on the date of enactment of this Act 


smartinez on DSKB9S0YB1PROD with BILLS
11 

•S 2930 IS

1 and to all proceedings commenced after the date of enact2 ment of this Act. 

3 (c) EFFECT ON DISMISSED CAUSES OF ACTION.— 

4 Any private civil action arising from a violation of the 

5 Anti-Terrorism Act of 1991— 

6 (1) that was dismissed as time barred prior to 

7 the date of enactment of this Act; and 

8 (2) which would have been timely filed pursuant 

9 to section 2335 of title 18, United States Code, as 

10 amended by this section, may be refiled not later 

11 than 90 days after the date of enactment of this 

12 Act. 

13 SEC. 9. SEVERABILITY. 

14 If any provision of this Act or the amendments made 

15 by this Act or the application thereof to any person or 

16 circumstance is held invalid, the remainder of this Act, 

17 the amendments made by this Act, or the application 

18 thereof to other persons not similarly situated or to other 

19 circumstances shall not be affected by such invalidation. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS