I 
114TH CONGRESS 
1ST SESSION H. R. 3815 
To deter terrorism, provide justice for victims, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 23, 2015 
Mr. KING of New York (for himself, Mr. NADLER, Mr. MEEHAN, Mr. ISRAEL, 
Mr. SWALWELL of California, Mr. SMITH of New Jersey, Mr. COHEN, 
Mr. FITZPATRICK, and Mr. FRELINGHUYSEN) introduced the following 
bill; which was referred to the Committee on the Judiciary 
A BILL 
To deter terrorism, provide justice for victims, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Justice Against Spon-
sors 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. 
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(2) The Constitution confers upon Congress the 
power to punish crimes against the law of nations 
and therefore Congress may by law impose penalties 
on those who provide material support to foreign or-
ganizations engaged in terrorist activity, and allow 
for victims of international terrorism to recover 
damages from those who have harmed them. 
(3) International terrorism affects the inter-
state 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. 
(4) Some foreign terrorist organizations, acting 
through affiliated groups or individuals, raise signifi-
cant funds outside of the United States for conduct 
directed and targeted at the United States. 
(5) It is necessary to recognize the substantive 
causes of action for aiding and abetting and con-
spiracy liability under the Anti-Terrorism Act of 
1987 (22 U.S.C. 5201 et seq.). 
(6) 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 
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Federal civil aiding and abetting and conspiracy li-
ability, including by the Supreme Court of the 
United States, provides the proper legal framework 
for how such liability should function in the context 
of the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 
et seq.). 
(7) The United Nations Security Council de-
clared in Resolution 1373, adopted on September 
28, 2001, that all countries have an affirmative obli-
gation to ‘‘[r]efrain from providing any form of sup-
port, active or passive, to entities or persons involved 
in terrorist acts,’’ and to ‘‘[e]nsure that any person 
who participates in the financing, planning, prepara-
tion or perpetration of terrorist acts or in supporting 
terrorist acts is brought to justice’’. 
(8) Consistent with these declarations, no coun-
try has the discretion to engage knowingly in the fi-
nancing or sponsorship of terrorism, whether di-
rectly or indirectly. 
(9) Persons, entities, or countries that know-
ingly or recklessly contribute material support or re-
sources, directly or indirectly, to persons or organi-
zations that pose a significant risk of committing 
acts of terrorism that threaten the security of na-
tionals of the United States or the national security, 
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foreign policy, or economy of the United States, nec-
essarily direct their conduct at the United States, 
and should reasonably anticipate being brought to 
court in the United States to answer for such activi-
ties. 
(10) 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 pur-
sue 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 inju-
ries. 
(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 pro-
vided material support, directly or indirectly, to foreign 
organizations or persons that engage in terrorist activities 
against the United States. 
SEC. 3. FOREIGN SOVEREIGN IMMUNITY. 
Section 1605(a) of title 28, United States Code, is 
amended— 
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(1) by amending paragraph (5) to read as fol-
lows: 
‘‘(5) not otherwise encompassed in paragraph 
(2), in which money damages are sought against a 
foreign state arising out of physical injury or death, 
or damage to or loss of property, occurring in the 
United States and caused by the tortious act or 
omission of that foreign state or of any official or 
employee of that foreign state while acting within 
the scope of the office or employment of the official 
or employee (regardless of where the underlying 
tortious act or omission occurs), including any statu-
tory or common law tort claim arising out of an act 
of extrajudicial killing, aircraft sabotage, hostage 
taking, terrorism, or the provision of material sup-
port or resources for such an act, or any claim for 
contribution or indemnity relating to a claim arising 
out of such an act, except this paragraph shall not 
apply to— 
‘‘(A) any claim based upon the exercise or 
performance of, or the failure to exercise or 
perform, a discretionary function, regardless of 
whether the discretion is abused; or 
‘‘(B) any claim arising out of malicious 
prosecution, abuse of process, libel, slander, 
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misrepresentation, deceit, interference with con-
tract rights, or any claim for emotional distress 
or derivative injury suffered as a result of an 
event or injury to another person that occurs 
outside of the United States; or’’; and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) DEFINITIONS.—For purposes of subsection 
(a)(5)— 
‘‘(1) the terms ‘aircraft sabotage’, ‘extrajudicial 
killing’, ‘hostage taking’, and ‘material support or 
resources’ have the meanings given those terms in 
section 1605A(h); and 
‘‘(2) the term ‘terrorism’ means international 
terrorism and domestic terrorism, as those terms are 
defined in section 2331 of title 18.’’. 
SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL AC-
TIONS REGARDING TERRORIST ACTS. 
(a) IN GENERAL.—Section 2333 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(d) 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 
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under section 219 of the Immigration and Nationality Act 
(8 U.S.C. 1189), as of the date on which such act of inter-
national terrorism was committed, planned, or authorized, 
or that was so designated as a result of such act of inter-
national terrorism, liability may be asserted as to any per-
son who aided, abetted, or conspired with the person who 
committed such an act of international terrorism.’’. 
(b) EFFECT ON FOREIGN SOVEREIGN IMMUNITIES 
ACT.—Nothing in the amendments 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 juris-
diction under other law. 
SEC. 5. PERSONAL JURISDICTION FOR CIVIL ACTIONS RE-
GARDING TERRORIST ACTS. 
Section 2334 of title 18, United States Code, is 
amended by inserting at the end the following: 
‘‘(e) PERSONAL JURISDICTION.—The district courts 
shall have personal jurisdiction, to the maximum extent 
permissible under the 5th Amendment to the Constitution 
of the United States, over any person who commits or aids 
and abets an act of international terrorism or otherwise 
sponsors such act or the person who committed such act, 
for acts of international terrorism in which any national 
of the United States suffers injury in his or her person, 
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property, or business by reason of such an act in violation 
of section 2333.’’. 
SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS IN CIVIL 
ACTIONS REGARDING TERRORIST ACTS. 
Section 2337 of title 18, United States Code, is 
amended to read as follows: 
‘‘§ 2337. Suits against Government officials 
‘‘No action may be maintained under section 2333 
against— 
‘‘(1) the United States; 
‘‘(2) an agency of the United States; or 
‘‘(3) an officer or employee of the United States 
or any agency of the United States acting within the 
official capacity of the officer or employee or under 
color of legal authority.’’. 
SEC. 7. SEVERABILITY. 
If any provision of this Act or any amendment made 
by this Act, or the application of a provision or amend-
ment 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 amend-
ments to any other person not similarly situated or to 
other circumstances, shall not be affected by the holding. 
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SEC. 8. 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, prop-
erty, or business on or after September 11, 2001. 
Æ 
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