Justice Against Sponsors of Terrorism Act - Amends the federal judicial code to include among the exceptions to U.S. jurisdictional immunity of foreign states 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.
Amends the federal criminal code to: (1) impose liability on, and grant U.S. district courts personal jurisdiction over, any person who aids, abets, provides material support or resources to, or conspires with a person who commits an act of international terrorism that injures a U.S. national; (2) repeal provisions prohibiting civil actions against foreign states or foreign officials for damages related to acts of terrorism; and (3) extend from 4 to 15 years the limitation period for bringing an action for civil damages resulting from an act of international terrorism and allow previously time-barred cases that would have been timely filed under such extended limitation period to be refiled within 90 days of the enactment of this Act.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1894 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1894
To deter terrorism, provide justice for victims, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 17, 2011
Mr. Schumer (for himself, Mr. Whitehouse, Mr. Graham, Mr. Kyl, Mr.
Hatch, and Mr. Cornyn) 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.
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 to carry out the
treaty obligations of the United States, and therefore Congress
may by law impose penalties relating to the provision of
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 the United States for conduct directed and targeted at
the United States.
(5) Foreign organizations that engage in terrorist activity
are so tainted by their criminal conduct that any contribution
to such an organization facilitates that conduct.
(6) The imposition of civil liability at every point along
the causal chain of terrorism is necessary to deter the flow of
terrorism's lifeblood, money. As recognized by Judge Richard
Posner in Boim v. Holy Land Foundation for Relief and
Development, Nos. 05-1815, 05-1816, 05-1821, 05-1822, _ F.3d _
(7th Cir. 2008) (en banc), ``Damages are a less effective
remedy against terrorists and their organizations than against
their financial angels . . . suits against financiers of
terrorism can cut the terrorists' lifeline.'' Moreover, the
statute of limitations for such claims must be extensive, for
as the Seventh Circuit notes, ``Seed money for terrorism can
sprout acts of violence long after the investment''.
(7) The reasoning like that of the United States Court of
Appeals for the Second Circuit in In Re: Terrorists Attacks on
September 11, 2001, 538 F.3d 71 (2d Cir. 2008) undermine
important counter-terrorism policies of the United States, by
affording undue protection from civil liability to persons,
entities and states that provide material support or resources
to foreign terrorist organizations, and by depriving victims of
international terrorism of meaningful access to court to seek
redress for their injuries.
(8) The United Nations Security Council declared in
Resolution 1373, adopted on September 28, 2001, that all states
have an affirmative obligation to ``refrain from providing any
form of support, active or passive, to entities or persons
involved in terrorist acts,'' and to ``ensure that any person
who participates in the financing, planning, preparation or
perpetration of terrorist acts or in supporting terrorist acts
is brought to justice''.
(9) Consistent with these declarations, no state possesses
the discretion to engage knowingly in the financing or
sponsorship of terrorism, whether directly or indirectly.
(10) Persons, entities or states 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 United States nationals 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 haled into court in the
United States to answer for such activities.
(11) 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 court to
pursue civil claims against persons, entities, or states 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 fullest possible basis, consistent with the Constitution, to
seek relief against persons, entities and foreign states, wherever
acting and wherever they may be found, which have provided material
support or resources, directly or indirectly, to foreign organizations
that engage in terrorist activities against the United States.
SEC. 3. FOREIGN SOVEREIGN IMMUNITY.
(a) Exceptions.--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
his office or employment (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 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', `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.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to all proceedings pending in any form on the date of the
enactment of this Act and to all proceedings commenced on or after such
date of enactment.
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 arising under subsection (a),
liability may be asserted as to the person or persons who committed
such act of international terrorism or any person or entity that aided,
abetted, provided material support or resources (as defined in section
2339A(b)(1)) to, or conspired with the person or persons who committed
such an act of international terrorism.
``(e) Non-Applicability of Law of Preclusion.--Any civil action or
claim that seeks recovery under this chapter for conduct that was the
basis of a civil action or claim previously dismissed for lack of
subject matter jurisdiction for failure to meet the requirements for an
exception under section 1605(a) of title 28 is not subject to dismissal
under the law of preclusion.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to all proceedings pending in any form on the date of the
enactment of this Act and to all proceedings commenced on or after such
date of enactment.
(c) Effect on Foreign Sovereign Immunities Act.--Nothing in the
amendments made by this section affects a foreign state's immunity from
jurisdiction under other law.
SEC. 5. JURISDICTION FOR CIVIL ACTIONS REGARDING TERRORIST ACTS.
(a) In General.--Section 2334 of title 18, United States Code, is
amended by inserting at the end the following:
``(e) Jurisdiction.--The district courts shall have personal
jurisdiction, to the maximum extent permissible under the Fifth
Amendment of the United States Constitution, over any person who aids
and abets an act of international terrorism or who provides material
support or resources as set forth in sections 2339A, 2339B, or 2339C of
this title, 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 of this
title.''.
(b) Effective Date.--The amendment made by this section shall apply
to all proceedings pending in any form on the date of the enactment of
this Act and to all proceedings commenced on or after such the date of
enactment.
SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS IN CIVIL ACTIONS REGARDING
TERRORIST ACTS.
(a) In General.--Section 2337 of title 18, United States Code, is
amended to read as follows:
``Sec. 2337. Suits against Government officials
``No action shall be maintained under section 2333 of this title
against the United States, an agency of the United States, or an
officer or employee of the United States or any agency thereof acting
within his or her official capacity or under color of legal
authority.''.
(b) Effective Date.--The amendment made by this section shall apply
to all proceedings pending in any form on the date of the enactment of
this Act and to all proceedings commenced on or after such date of
enactment.
SEC. 7. STATUTE OF LIMITATIONS FOR CIVIL ACTIONS REGARDING TERRORIST
ACTS.
(a) In General.--Section 2335 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``four years'' and
inserting ``15 years''; and
(2) in subsection (b), by striking ``four years'' and
inserting ``15 years''.
(b) Effective Date.--The amendments made by this section shall
apply to all proceedings pending in any form on the date of the
enactment of this Act and to all proceedings commenced on or after such
date of enactment.
(c) Effect on Dismissed Causes of Action.--Any private civil action
arising from a violation of the Anti-Terrorism Act of 1991--
(1) that was dismissed as time barred prior to the date of
enactment of this Act, and
(2) that would have been timely filed pursuant to section
2335 of title 18, United States Code, as amended by this
section,
may be refiled not later than 90 days after the date of enactment of
this Act.
SEC. 8. SEVERABILITY.
If any provision of this Act or the amendments made by this Act or
the application thereof to any person or circumstance is held invalid,
the remainder of this Act, the amendments made by this Act, or the
application thereof to other persons not similarly situated or to other
circumstances shall not be affected by such invalidation.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7710-7711)
Read twice and referred to the Committee on the Judiciary.
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
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