#aacth ,,congress #b;d ,session ,s4 #aece ,,an ,,act ,to deter terrorism1 provide justice for victims1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,justice ,against ,sponsors of ,terrorism ,act4 #b4 ,findings and purpose 7a7 ,findings ,congress finds the following3 7#a7 ,international terrorism is a serious and deadly problem that threatens the vital interests of the ,united ,states4 7#b7 ,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 activity1 and allow for victims of international terrorism to recover damages from those who have harmed them4 7#c7 ,international terrorism affects the interstate and foreign commerce of the ,united ,states by harming international trade and market stability1 and limiting international travel by ,united ,states citizens as well as foreign visitors to the ,united ,states4 7#d7 ,some foreign terrorist organizations1 acting through affiliated groups or individuals1 raise significant funds outside of the ,united ,states for conduct directed and targeted at the ,united ,states4 7#e7 ,it is necessary to recognize the substantive causes of action for aiding and abetting and conspiracy liability under the ,anti-,terrorism ,act of #aihg 7#bb ,u4,s4,c4 #ebja et seq474 7#f7 ,the decision of the ,united ,states ,court of ,appeals for the ,district of ,columbia in ,halberstam v4 ,welch1 #gje ,f4#b;d #dgb 7,d4,c4 ,cir4 #aihc71 which has been widely recognized as the leading case regarding ,federal civil aiding and abetting and conspiracy liability1 including by the ,supreme ,court of the ,united ,states1 provides the proper legal framework for how such liability should function in the context of the ,anti-,terrorism ,act of #aihg 7#bb ,u4,s4,c4 #ebja et seq474 7#g7 ,the ,united ,nations ,security ,council declared in ,resolution #acgc1 adopted on ,september #bh1 #bjja1 that all countries have an affirmative obligation to 8refrain from providing any form of support1 active or passive1 to entities or persons involved in terrorist acts10 and to ensure that any person who participates in the financing1 planning1 preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice4 7#h7 ,consistent with these declarations1 no country has the discretion to engage knowingly in the financing or sponsorship of terrorism1 whether directly or indirectly4 7#i7 ,persons1 entities1 or countries that knowingly or recklessly contribute material support or resources1 directly or indirectly1 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 security1 foreign policy1 or economy of the ,united ,states1 necessarily direct their conduct at the ,united ,states1 and should reasonably anticipate being brought to court in the ,united ,states to answer for such activities4 7#aj7 ,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 persons1 entities1 or countries that have knowingly or recklessly provided material support or resources1 directly or indirectly1 to the persons or organizations responsible for their injuries4 7b7 ,purpose ,the purpose of this ,act is to provide civil litigants with the broadest possible basis1 consistent with the ,constitution of the ,united ,states1 to seek relief against persons1 entities1 and foreign countries1 wherever acting and wherever they may be found1 that have provided material support1 directly or indirectly1 to foreign organizations or persons that engage in terrorist activities against the ,united ,states4 #c4 ,foreign sovereign immunity ,section #afje7;a7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by amending paragraph 7#e7 to read as follows3 7#e7 not otherwise encompassed in paragraph 7#b71 in which money damages are sought against a foreign state arising out of physical injury or death1 or damage to or loss of property1 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 7regardless of where the underlying tortious act or omission occurs71 including any statutory or common law tort claim arising out of an act of extrajudicial killing1 aircraft sabotage1 hostage taking1 terrorism1 or the provision of material support or resources for such an act1 or any claim for contribution or indemnity relating to a claim arising out of such an act1 except this paragraph shall not apply to-- 7,a7 any claim based upon the exercise or performance of1 or the failure to exercise or perform1 a discretionary function1 regardless of whether the discretion is abused2 or 7,b7 any claim arising out of malicious prosecution1 abuse of process1 libel1 slander1 misrepresentation1 deceit1 interference with contract rights1 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 ,states2 or 2 and 7#b7 by inserting after subsection 7d7 the following3 7e7 ,definitions ,for purposes of subsection 7a77#e7-- 7#a7 the terms aircraft sabotage1 extrajudicial killing1 hostage taking1 and material support or resources have the meanings given those terms in section #afje;,a7h72 and 7#b7 the term terrorism means international terrorism and domestic terrorism1 as those terms are defined in section #bcca of title #ah4 4 #d4 ,aiding and abetting liability for civil actions regarding terrorist acts 7a7 ,in general ,section #bccc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,liability ,in an action under subsection 7a7 for an injury arising from an act of international terrorism committed1 planned1 or authorized by an organization that had been designated as a foreign terrorist organization under section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi71 as of the date on which such act of international terrorism was committed1 planned1 or authorized1 or that was so designated as a result of such act of international terrorism1 liability may be asserted as to any person who aided1 abetted1 or conspired with the person who committed such an act of international terrorism4 4 7b7 ,effect on ,foreign ,sovereign ,immunities ,act ,nothing in the amendments made by this section affects immunity of a foreign state1 as that term is defined in section #afjc of title #bh1 ,united ,states ,code1 from jurisdiction under other law4 #e4 ,personal jurisdiction for civil actions regarding terrorist acts ,section #bccd of title #ah1 ,united ,states ,code1 is amended by inserting at the end the following3 7e7 ,personal jurisdiction ,the district courts shall have personal jurisdiction1 to the maximum extent permissible under the #eth ,amendment to the ,constitution of the ,united ,states1 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 act1 for acts of international terrorism in which any national of the ,united ,states suffers injury in his or her person1 property1 or business by reason of such an act in violation of section #bccc4 4 #f4 ,liability for ,government officials in civil actions regarding terrorist acts ,section #bccg of title #ah1 ,united ,states ,code1 is amended to read as follows3 #bccg4 ,suits against ,government officials ,no action may be maintained under section #bccc against-- 7#a7 the ,united ,states2 7#b7 an agency of the ,united ,states2 or 7#c7 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 authority4 4 #g4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or the application of a provision or amendment to any person or circumstance1 is held to be invalid1 the remainder of this ,act and the amendments made by this ,act1 and the application of the provisions and amendments to any other person not similarly situated or to other circumstances1 shall not be affected by the holding4 #h4 ,effective ,date ,the amendments made by this ,act shall apply to any civil action-- 7#a7 pending on1 or commenced on or after1 the date of enactment of this ,act2 and 7#b7 arising out of an injury to a person1 property1 or business on or after ,september #aa1 #bjja4 ,passed the ,senate ,december #aa1 #bjad4,secretary