Justice Against Sponsors of Terrorism Act

Bill: 114-s-2040
Sponsor: Sen. Cornyn, John [R-TX]
Introduced: 2015-09-16 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Civil actions and liability
Crime victims
Diplomacy, foreign officials, Americans abroad
Federal district courts
Government liability
Jurisdiction and venue
Terrorism

Summary:
action_date: 2015-09-16
text: 

Justice Against Sponsors of Terrorism Act

 
This bill amends the federal judicial code to narrow the scope of foreign sovereign immunity by authorizing U.S. courts to hear cases involving claims against a foreign state for injuries, death, or damages that occur inside the United States as a result of a tort, including an act of terrorism, committed anywhere by a foreign state or official.
 
It amends the federal criminal code to permit civil claims against a foreign state or official for injuries, death, or damages from an act of international terrorism. Additionally, the bill authorizes federal courts to exercise personal jurisdiction over and impose liability on a person who commits, or aids, abets, or conspires to commit, an act of international terrorism against a U.S. national.

action_date: 2016-02-03
text: 

Justice Against Sponsors of Terrorism Act

 
(Sec. 3) This bill amends the federal judicial code to narrow the scope of foreign sovereign immunity (i.e., a foreign state's immunity from the jurisdiction of U.S. courts).
 
Specifically, it authorizes federal or state court jurisdiction over a civil claim against a foreign state for physical injury, death, or damage that occurs inside the United States as a result of a tort, including an act of terrorism or the provision of material support or resources for such an act, committed anywhere by a foreign state or official within the scope of the office. 
 
The term &quot;terrorism&quot; includes international terrorism and domestic terrorism.
 
The jurisdiction of U.S. courts does not extend to civil claims against a foreign state for emotional distress as a result of an injury to another person that occurs outside the United States.
 
(Sec. 4) The bill amends the federal criminal code to impose civil liability on a person who conspires to commit or aids and abets (by knowingly providing substantial assistance) an act of international terrorism committed, planned, or authorized by a designated terrorist organization.
 
 (Sec. 5) It authorizes federal court jurisdiction, to the maximum extent permissible under the Fifth Amendment, over a person who commits, aids and abets, or conspires to commit an act of international terrorism that injures a U.S. national.
 
(Sec. 6) It permits a civil action against a foreign state or official for physical injury, death, or damage as a result of an act of international terrorism committed by a designated terrorist organization.
 
 (Sec. 8) This bill's amendments apply to a civil claim: (1) pending on or commenced on or after enactment; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001.

action_date: 2016-05-17
text: 

Justice Against Sponsors of Terrorism Act

 
(Sec. 3) This bill amends the federal judicial code to narrow the scope of foreign sovereign immunity (i.e., a foreign state's immunity from the jurisdiction of U.S. courts).
 
Specifically, it authorizes federal court jurisdiction over a civil claim against a foreign state for physical injury to a person or property or death that occurs inside the United States as a result of: (1) an act of international terrorism, and (2) a tort committed anywhere by an official, agent, or employee of a foreign state acting within the scope of employment.
 
International terrorism does not include an act of war. Federal court jurisdiction does not extend to a tort claim based on an omission or an act that is merely negligent.
 
 A U.S. national may file a civil action against a foreign state for physical injury, death, or damage as a result of an act of international terrorism committed by a designated terrorist organization.
 
(Sec. 4) The bill amends the federal criminal code to impose civil liability on a person who conspires to commit or aids and abets (by knowingly providing substantial assistance) an act of international terrorism committed, planned, or authorized by a designated terrorist organization.
 
(Sec. 5) It establishes exclusive federal court jurisdiction over civil claims under this bill. 
 
It authorizes the Department of Justice (DOJ) to intervene in civil proceedings to seek a stay. A court may grant the stay if the Department of State certifies that the United States is engaged in good-faith discussions with the foreign state to resolve the civil claims. 
(Sec. 7) This bill's amendments apply to a civil claim: (1) pending on or commenced on or after enactment; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001.

action_date: 2016-09-09
text: 
(This measure has not been amended since it was passed by the Senate on May 17, 2016. The summary of that version is repeated here.)
 

Justice Against Sponsors of Terrorism Act

 
(Sec. 3) This bill amends the federal judicial code to narrow the scope of foreign sovereign immunity (i.e., a foreign state's immunity from the jurisdiction of U.S. courts).
 
Specifically, it authorizes federal court jurisdiction over a civil claim against a foreign state for physical injury to a person or property or death that occurs inside the United States as a result of: (1) an act of international terrorism, and (2) a tort committed anywhere by an official, agent, or employee of a foreign state acting within the scope of employment.
 
International terrorism does not include an act of war. Federal court jurisdiction does not extend to a tort claim based on an omission or an act that is merely negligent.
 
 A U.S. national may file a civil action against a foreign state for physical injury, death, or damage as a result of an act of international terrorism committed by a designated terrorist organization.
 
(Sec. 4) The bill amends the federal criminal code to impose civil liability on a person who conspires to commit or aids and abets (by knowingly providing substantial assistance) an act of international terrorism committed, planned, or authorized by a designated terrorist organization.
 
(Sec. 5) It establishes exclusive federal court jurisdiction over civil claims under this bill. 
 
It authorizes the Department of Justice (DOJ) to intervene in civil proceedings to seek a stay. A court may grant the stay if the Department of State certifies that the United States is engaged in good-faith discussions with the foreign state to resolve the civil claims. 
(Sec. 7) This bill's amendments apply to a civil claim: (1) pending on or commenced on or after enactment; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001.

action_date: 2016-09-28
text: 
(This measure has not been amended since it was passed by the Senate on May 17, 2016. The summary of that version is repeated here.)
 

Justice Against Sponsors of Terrorism Act

 
(Sec. 3) This bill amends the federal judicial code to narrow the scope of foreign sovereign immunity (i.e., a foreign state's immunity from the jurisdiction of U.S. courts).
 
Specifically, it authorizes federal court jurisdiction over a civil claim against a foreign state for physical injury to a person or property or death that occurs inside the United States as a result of: (1) an act of international terrorism, and (2) a tort committed anywhere by an official, agent, or employee of a foreign state acting within the scope of employment.
 
International terrorism does not include an act of war. Federal court jurisdiction does not extend to a tort claim based on an omission or an act that is merely negligent.
 
 A U.S. national may file a civil action against a foreign state for physical injury, death, or damage as a result of an act of international terrorism committed by a designated terrorist organization.
 
(Sec. 4) The bill amends the federal criminal code to impose civil liability on a person who conspires to commit or aids and abets (by knowingly providing substantial assistance) an act of international terrorism committed, planned, or authorized by a designated terrorist organization.
 
(Sec. 5) It establishes exclusive federal court jurisdiction over civil claims under this bill.
 
It authorizes the Department of Justice (DOJ) to intervene in civil proceedings to seek a stay. A court may grant the stay if the Department of State certifies that the United States is engaged in good-faith discussions with the foreign state to resolve the civil claims. 
(Sec. 7) This bill's amendments apply to a civil claim: (1) pending on or commenced on or after enactment; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001.


Legislative actions:
action_date: 2016-09-28
text: Became Public Law No: 114-222.
action_date: 2016-09-28
text: Became Public Law No: 114-222.
action_date: 2016-09-28
text: The Chair directed the Clerk to notify the Senate of the action of the House.
action_date: 2016-09-28
text: Two-thirds of the Members present having voted in the affirmative the bill is passed, the Passed by the Yeas and Nays: (2/3 required): 348 - 77, 1 Present (Roll no. 564).
action_date: 2016-09-28
text: Passed House over veto: Two-thirds of the Members present having voted in the affirmative the bill is passed, the Passed by the Yeas and Nays: (2/3 required): 348 - 77, 1 Present (Roll no. 564).
action_date: 2016-09-28
text: The previous question was ordered pursuant the previous order. (consideration: CR H6032)
action_date: 2016-09-28
text: DEBATE - The House proceeded with one hour of debate on the question of passage of S. 2040, the objections of the President to the contrary, notwithstanding.
action_date: 2016-09-28
text: The Chair laid before the House the veto message from the President. (consideration: CR H6023-6032; text of veto message: CR 6023-6024)
action_date: 2016-09-28
text: Message on Senate action sent to the House.
action_date: 2016-09-28
text: Passed Senate over veto by Yea-Nay Vote. 97 - 1. Record Vote Number: 148.
action_date: 2016-09-28
text: Passed Senate over veto: Passed Senate over veto by Yea-Nay Vote. 97 - 1. Record Vote Number: 148.
action_date: 2016-09-28
text: Veto Message considered in Senate. (consideration: CR S6166-6173)
action_date: 2016-09-26
text: Veto message ordered held at the desk.
action_date: 2016-09-23
text: Vetoed by President. (text of veto message: CR 9/26/2016 S6071-6072)
action_date: 2016-09-23
text: Vetoed by President.(text of veto message: CR 9/26/2016 S6071-6072)
action_date: 2016-09-23
text: Veto message received in Senate.
action_date: 2016-09-12
text: Presented to President.
action_date: 2016-09-12
text: Presented to President.
action_date: 2016-09-09
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2016-09-09
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H5239-5240)
action_date: 2016-09-09
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H5239-5240)
action_date: 2016-09-09
text: DEBATE - The House proceeded with forty minutes of debate on S. 2040.
action_date: 2016-09-09
text: Considered under suspension of the rules. (consideration: CR H5239-5244)
action_date: 2016-09-09
text: Mr. Goodlatte moved to suspend the rules and pass the bill.
action_date: 2016-09-07
text: UNANIMOUS CONSENT - Mr. Sessions asked unanimous consent that it be in order at any time on the legislative day of September 9, 2016, for the Speaker to entertain motions that the House suspend the rules, as though under clause 1 of rule 15, relating to S. 2040.
action_date: 2016-05-17
text: Referred to the House Committee on the Judiciary.
action_date: 2016-05-17
text: Message on Senate action sent to the House.
action_date: 2016-05-17
text: Received in the House.
action_date: 2016-05-17
text: Passed Senate with an amendment by Voice Vote.
action_date: 2016-05-17
text: Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.
action_date: 2016-05-17
text: The committee substitute withdrawn by Unanimous Consent. (consideration: CR S2847)
action_date: 2016-05-17
text: Measure laid before Senate by unanimous consent. (consideration: CR S2845-2848; text of measure as reported in Senate: CR S2846-2847)
action_date: 2016-02-03
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 362.
action_date: 2016-02-03
text: Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
action_date: 2016-02-03
text: Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
action_date: 2016-01-28
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2015-09-16
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S6701-6702)
action_date: 2015-09-16
text: Introduced in Senate

Enacted as: number: 114-222