#aadth ,,congress #b;d ,session ,s4 #bjdj ,,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 ,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#c7 ,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#d7 ,it is necessary to recognize the substantive causes of action for aiding and abetting and conspiracy liability under chapter #aac;,b of title #ah1 ,united ,states ,code4 7#e7 ,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 chapter #aac;,b of title #ah1 ,united ,states ,code4 7#f7 ,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#g7 ,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 ,responsibility of foreign states for international terrorism against the ,united ,states 7a7 ,in general ,chapter #ig of title #bh1 ,united ,states ,code1 is amended by inserting after section #afje;,a the following3 #afje;,b4 ,responsibility of foreign states for international terrorism against the ,united ,states 7a7 ,definition ,in this section1 the term international terrorism-- 7#a7 has the meaning given the term in section #bcca of title #ah1 ,united ,states ,code2 and 7#b7 does not include any act of war 7as defined in that section74 7b7 ,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-- 7#a7 an act of international terrorism in the ,united ,states2 and 7#b7 a tortious act or acts of the foreign state1 or of any official1 employee1 or agent of that foreign state while acting within the scope of his or her office1 employment1 or agency1 regardless where the tortious act or acts of the foreign state occurred4 7c7 ,claims by nationals of the ,united ,states ,notwithstanding section #bccg7b7 of title #ah1 a national of the ,united ,states may bring a claim against a foreign state in accordance with section #bccc of that title if the foreign state would not be immune under subsection 7b74 7d7 ,rule of construction ,a foreign state shall not be subject to the jurisdiction of the courts of the ,united ,states under subsection 7b7 on the basis of an omission or a tortious act or acts that constitute mere negligence4 4 7b7 ,technical and conforming amendments 7#a7 ,the table of sections for chapter #ig of title #bh1 ,united ,states ,code1 is amended by inserting after the item relating to section #afje;,a the following3 #afje;,b4 ,responsibility of foreign states for international terrorism against the ,united ,states4 4 7#b7 ,subsection #afje7;g77#a77;,a7 of title #bh1 ,united ,states ,code1 is amended by inserting or section #afje;,b after but for section #afje;,a4 #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 7#a7 ,definition ,in this subsection1 the term person has the meaning given the term in section #a of title #a4 7#b7 ,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 liability may be asserted as to any person who aids and abets1 by knowingly providing substantial assistance1 or who conspires with the person who committed such an act of international terrorism4 4 7b7 ,effect on ,foreign ,sovereign ,immunities ,act ,nothing in the amendment 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 ,stay of actions pending state negotiations 7a7 ,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 #afje;,b of title #bh1 ,united ,states ,code1 as added by section #c7;a7 of this ,act4 7b7 ,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 #afje;,b of title #bh1 ,united ,states ,code1 as added by section #c7;a7 of this ,act1 for the purpose of seeking a stay of the civil action1 in whole or in part4 7c7 ,stay 7#a7 ,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 discussions with the foreign state defendant concerning the resolution of the claims against the foreign state1 or any other parties as to whom a stay of claims is sought4 7#b7 ,duration 7,a7 ,in general ,a stay under this section may be granted for not more than #ahj days4 7,b7 ,extension 7i7 ,in general ,the ,attorney ,general may petition the court for an extension of the stay for additional #ahj-;day periods4 7ii7 ,recertification ,a court shall grant an extension under clause 7i7 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 state1 or any other parties as to whom a stay of claims is sought4 #f4 ,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 #g4 ,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 ,may #ag1 #bjaf4,secretary