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.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3815 Introduced in House (IH)]
<DOC>
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 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) 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 organizations 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 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.
(4) 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.
(5) It is necessary to recognize the substantive causes of
action for aiding and abetting and conspiracy 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 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 the Anti-Terrorism
Act of 1987 (22 U.S.C. 5201 et seq.).
(7) The United Nations Security Council declared in
Resolution 1373, adopted on September 28, 2001, that all
countries have an affirmative obligation to ``[r]efrain from
providing any form of support, active or passive, to entities
or persons involved in terrorist acts,'' and to ``[e]nsure that
any person who participates in the financing, planning,
preparation or perpetration of terrorist acts or in supporting
terrorist acts is brought to justice''.
(8) Consistent with these declarations, no country has the
discretion to engage knowingly in the financing or sponsorship
of terrorism, whether directly or indirectly.
(9) Persons, entities, or countries that knowingly or
recklessly 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.
(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 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 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 provided 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--
(1) by amending paragraph (5) to read as follows:
``(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 statutory or common law tort claim
arising out of an act of extrajudicial killing, aircraft
sabotage, hostage taking, terrorism, or the provision of
material support 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,
misrepresentation, deceit, interference with contract
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 following:
``(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 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.--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 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, or that
was so designated as a result of such act of international terrorism,
liability may be asserted as to any person 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 jurisdiction under other law.
SEC. 5. PERSONAL JURISDICTION FOR CIVIL ACTIONS REGARDING 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, 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:
``Sec. 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 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. 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, property, or
business on or after September 11, 2001.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution and Civil Justice.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line