Justice Against Sponsors of Terrorism Act
PL 114-222 (S.2040), enacted 09/28/2016

130 STAT. 852 
PUBLIC LAW 114–222—SEPT. 28, 2016 
Public Law 114–222 
114th Congress 
An Act 
To deter terrorism, provide justice for victims, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Justice Against Sponsors 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. 
(2) International terrorism affects the interstate 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. 
(3) Some foreign terrorist organizations, acting through 
affiliated groups or individuals, raise significant funds outside 
of the United States for conduct directed and targeted at the 
United States. 
(4) It is necessary to recognize the substantive causes of 
action for aiding and abetting and conspiracy liability under 
chapter 113B of title 18, United States Code. 
(5) 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 Federal civil aiding and abetting 
and conspiracy liability, including by the Supreme Court of 
the United States, provides the proper legal framework for 
how such liability should function in the context of chapter 
113B of title 18, United States Code. 
(6) Persons, entities, or countries that knowingly or reck-
lessly contribute material support or resources, directly or 
indirectly, to persons or organizations that pose a significant 
risk of committing acts of terrorism that threaten the security 
of nationals of the United States or the national security, 
foreign policy, or economy of the United States, necessarily 
direct their conduct at the United States, and should reasonably 
anticipate being brought to court in the United States to answer 
for such activities. 
(7) 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 
18 USC 2333 
note. 
18 USC 1 note. 
Justice Against 
Sponsors of 
Terrorism Act. 
Sept. 28, 2016 
[S. 2040] 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00850
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 853 
PUBLIC LAW 114–222—SEPT. 28, 2016 
court system in order to pursue 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 injuries. 
(b) PURPOSE.—The purpose of this Act is to provide civil liti-
gants with the broadest possible basis, consistent with the Constitu-
tion of the United States, to seek relief against persons, entities, 
and foreign countries, wherever acting and wherever they may 
be found, that have provided material support, directly or indirectly, 
to foreign organizations or persons that engage in terrorist activities 
against the United States. 
SEC. 3. RESPONSIBILITY OF FOREIGN STATES FOR INTERNATIONAL 
TERRORISM AGAINST THE UNITED STATES. 
(a) IN GENERAL.—Chapter 97 of title 28, United States Code, 
is amended by inserting after section 1605A the following: 
‘‘§ 1605B. Responsibility of foreign states for international 
terrorism against the United States 
‘‘(a) DEFINITION.—In this section, the term ‘international ter-
rorism’— 
‘‘(1) has the meaning given the term in section 2331 of 
title 18, United States Code; and 
‘‘(2) does not include any act of war (as defined in that 
section). 
‘‘(b) RESPONSIBILITY OF FOREIGN STATES.—A foreign state shall 
not be immune from the jurisdiction of the courts of the United 
States in any case in which money damages are sought against 
a foreign state for physical injury to person or property or death 
occurring in the United States and caused by— 
‘‘(1) an act of international terrorism in the United States; 
and 
‘‘(2) a tortious act or acts of the foreign state, or of any 
official, employee, or agent of that foreign state while acting 
within the scope of his or her office, employment, or agency, 
regardless where the tortious act or acts of the foreign state 
occurred. 
‘‘(c) CLAIMS BY NATIONALS OF THE UNITED STATES.—Notwith-
standing section 2337(2) of title 18, a national of the United States 
may bring a claim against a foreign state in accordance with section 
2333 of that title if the foreign state would not be immune under 
subsection (b). 
‘‘(d) RULE
OF CONSTRUCTION.—A foreign state shall not be 
subject to the jurisdiction of the courts of the United States under 
subsection (b) on the basis of an omission or a tortious act or 
acts that constitute mere negligence.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) The table of sections for chapter 97 of title 28, United 
States Code, is amended by inserting after the item relating 
to section 1605A the following: 
‘‘1605B. Responsibility of foreign states for international terrorism against the 
United States.’’. 
(2) Subsection 1605(g)(1)(A) of title 28, United States Code, 
is amended by inserting ‘‘or section 1605B’’ after ‘‘but for section 
1605A’’. 
28 USC 
1602 prec. 
28 USC 1605B. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00851
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 854 
PUBLIC LAW 114–222—SEPT. 28, 2016 
SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL ACTIONS 
REGARDING TERRORIST ACTS. 
(a) IN GENERAL.—Section 2333 of title 18, United States Code, 
is amended by adding at the end the following: 
‘‘(d) LIABILITY.— 
‘‘(1) DEFINITION.—In this subsection, the term ‘person’ has 
the meaning given the term in section 1 of title 1. 
‘‘(2) 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 des-
ignated as a foreign terrorist organization under section 219 
of the Immigration and Nationality Act (8 U.S.C. 1189), as 
of the date on which such act of international terrorism was 
committed, planned, or authorized, liability may be asserted 
as to any person who aids and abets, by knowingly providing 
substantial assistance, or who conspires with the person who 
committed such an act of international terrorism.’’. 
(b) EFFECT ON FOREIGN SOVEREIGN IMMUNITIES ACT.—Nothing 
in the amendment 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 jurisdiction under other law. 
SEC. 5. STAY OF ACTIONS PENDING STATE NEGOTIATIONS. 
(a) EXCLUSIVE JURISDICTION.—The courts of the United States 
shall have exclusive jurisdiction in any action in which a foreign 
state is subject to the jurisdiction of a court of the United States 
under section 1605B of title 28, United States Code, as added 
by section 3(a) of this Act. 
(b) INTERVENTION.—The Attorney General may intervene in 
any action in which a foreign state is subject to the jurisdiction 
of a court of the United States under section 1605B of title 28, 
United States Code, as added by section 3(a) of this Act, for the 
purpose of seeking a stay of the civil action, in whole or in part. 
(c) STAY.— 
(1) IN GENERAL.—A court of the United States may stay 
a proceeding against a foreign state if the Secretary of State 
certifies that the United States is engaged in good faith discus-
sions with the foreign state defendant concerning the resolution 
of the claims against the foreign state, or any other parties 
as to whom a stay of claims is sought. 
(2) DURATION.— 
(A) IN GENERAL.—A stay under this section may be 
granted for not more than 180 days. 
(B) EXTENSION.— 
(i) IN GENERAL.—The Attorney General may peti-
tion the court for an extension of the stay for additional 
180-day periods. 
(ii) RECERTIFICATION.—A court shall grant an 
extension under clause (i) if the Secretary of State 
recertifies that the United States remains engaged in 
good faith discussions with the foreign state defendant 
concerning the resolution of the claims against the 
foreign state, or any other parties as to whom a stay 
of claims is sought. 
Certification. 
Claims. 
Courts. 
18 USC 1605B 
note. 
18 USC 2333 
note. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00852
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 855 
PUBLIC LAW 114–222—SEPT. 28, 2016 
SEC. 6. SEVERABILITY. 
If any provision of this Act or any amendment made by this 
Act, or the application of a provision or amendment 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 amendments to any other person not similarly 
situated or to other circumstances, shall not be affected by the 
holding. 
SEC. 7. 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, property, or business 
on or after September 11, 2001. 
Mac Thornberry 
Speaker of the House of Representatives pro tempore. 
John Cornyn 
Acting President of the Senate pro tempore. 
IN THE SENATE OF THE UNITED STATES, 
September 28, 2016. 
The Senate having proceeded to reconsider the bill (S. 2040) entitled ‘‘An Act to 
deter terrorism, provide justice for victims, and for other purposes.’’, returned by the 
President of the United States with his objections, to the Senate, in which it origi-
nated, it was 
Resolved, That the said bill pass, two-thirds of the Senators present having voted 
in the affirmative. 
Julie E. Adams 
Secretary. 
I certify that this Act originated in Senate. 
Julie E. Adams 
Secretary. 
Applicability. 
18 USC 2333 
note. 
18 USC 2333 
note. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00853
Fmt 6580
Sfmt 6581
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)
130 STAT. 856 
PUBLIC LAW 114–222—SEPT. 28, 2016 
LEGISLATIVE HISTORY—S. 2040: 
CONGRESSIONAL RECORD, Vol. 162 (2016): 
May 17, considered and passed Senate. 
Sept. 9, considered and passed House. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2016): 
Sept. 23, Presidential veto message. 
CONGRESSIONAL RECORD, Vol. 162 (2016): 
Sept. 28, Senate and House overrode veto. 
IN THE HOUSE OF REPRESENTATIVES, U.S. 
September 28, 2016. 
The House of Representatives having proceeded to reconsider the bill (S. 2040) en-
titled ‘‘An Act to deter terrorism, provide justice for victims, and for other pur-
poses.’’, returned by the President of the United States with his objections, to the 
Senate, in which it originated, and passed by the Senate on reconsideration of the 
same, it was 
Resolved, That the said bill do pass, two-thirds of the House of Representatives 
agreeing to pass the same. 
Karen L. Haas 
Clerk. 
VerDate Sep 11 2014 
06:31 Jul 18, 2022
Jkt 059194
PO 00001
Frm 00854
Fmt 6580
Sfmt 6580
G:\STATUTES\2016\PT1\59194PT1.001
59194PT1
dkrause on LAP5T8D0R2PROD with DISTILLER (1)