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Public Law114th CongressCrime and Law Enforcement
S. 2040Became Law

Justice Against Sponsors of Terrorism Act

This bill became law

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What it doesSummary public law (Sep 28, 2016)

(This measure has not been amended since it was passed by the Senate on May 17, 2016. The summary of that version is repeated here.)

Justice Against Sponsors of Terrorism Act

(Sec. 3) This bill amends the federal judicial code to narrow the scope of foreign sovereign immunity (i.e., a foreign state's immunity from the jurisdiction of U.S. courts).

Specifically, it authorizes federal court jurisdiction over a civil claim against a foreign state for physical injury to a person or property or death that occurs inside the United States as a result of: (1) an act of international terrorism, and (2) a tort committed anywhere by an official, agent, or employee of a foreign state acting within the scope of employment.

International terrorism does not include an act of war. Federal court jurisdiction does not extend to a tort claim based on an omission or an act that is merely negligent.

A U.S. national may file a civil action against a foreign state for physical injury, death, or damage as a result of an act of international terrorism committed by a designated terrorist organization.

(Sec. 4) The bill amends the federal criminal code to impose civil liability on a person who conspires to commit or aids and abets (by knowingly providing substantial assistance) an act of international terrorism committed, planned, or authorized by a designated terrorist organization.

(Sec. 5) It establishes exclusive federal court jurisdiction over civil claims under this bill.

It authorizes the Department of Justice (DOJ) to intervene in civil proceedings to seek a stay. A court may grant the stay if the Department of State certifies that the United States is engaged in good-faith discussions with the foreign state to resolve the civil claims.

(Sec. 7) This bill's amendments apply to a civil claim: (1) pending on or commenced on or after enactment; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001.

What just happenedSep 28, 2016

Became Public Law No: 114-222.

Who’s behind it

Sen. Cornyn, John [R-TX](R-TX)Sponsor
25 cosponsors12 D12 R1 I
Read on Congress.gov
25cosponsors2committees38actions1amendments2related bills7subjects
  1. Sep 28, 2016President

    Became Public Law No: 114-222.

  2. Sep 28, 2016BecameLaw36000

    Became Public Law No: 114-222.

  3. Sep 28, 2016FloorH8D000

    The Chair directed the Clerk to notify the Senate of the action of the House.

  4. Sep 28, 2016VetoH43410

    Two-thirds of the Members present having voted in the affirmative the bill is passed, the Passed by the Yeas and Nays: (2/3 required): 348 - 77, 1 Present (Roll no. 564).

  5. Sep 28, 2016Veto32000

    Passed House over veto: Two-thirds of the Members present having voted in the affirmative the bill is passed, the Passed by the Yeas and Nays: (2/3 required): 348 - 77, 1 Present (Roll no. 564).

  6. Sep 28, 2016FloorH8D000

    The previous question was ordered pursuant the previous order. (consideration: CR H6032)

  7. Sep 28, 2016FloorH8D000

    DEBATE - The House proceeded with one hour of debate on the question of passage of S. 2040, the objections of the President to the contrary, notwithstanding.

  8. Sep 28, 2016VetoH40300

    The Chair laid before the House the veto message from the President. (consideration: CR H6023-6032; text of veto message: CR 6023-6024)

  9. Sep 28, 2016Floor

    Message on Senate action sent to the House.

  10. Sep 28, 2016Veto

    Passed Senate over veto by Yea-Nay Vote. 97 - 1. Record Vote Number: 148.

  11. Sep 28, 2016Veto34000

    Passed Senate over veto: Passed Senate over veto by Yea-Nay Vote. 97 - 1. Record Vote Number: 148.

  12. Sep 28, 2016Veto

    Veto Message considered in Senate. (consideration: CR S6166-6173)

  13. Sep 26, 2016Floor

    Veto message ordered held at the desk.

  14. Sep 23, 2016President

    Vetoed by President. (text of veto message: CR 9/26/2016 S6071-6072)

  15. Sep 23, 2016President31000

    Vetoed by President.(text of veto message: CR 9/26/2016 S6071-6072)

  16. Sep 23, 2016Floor

    Veto message received in Senate.

  17. Sep 12, 2016Floor

    Presented to President.

  18. Sep 12, 2016President28000

    Presented to President.

  19. Sep 9, 2016FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  20. Sep 9, 2016FloorH37300

    On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H5239-5240)

  21. Sep 9, 2016Floor8000

    Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H5239-5240)

  22. Sep 9, 2016FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate on S. 2040.

  23. Sep 9, 2016FloorH30000

    Considered under suspension of the rules. (consideration: CR H5239-5244)

  24. Sep 9, 2016FloorH30300

    Mr. Goodlatte moved to suspend the rules and pass the bill.

  25. Sep 7, 2016FloorH8D000

    UNANIMOUS CONSENT - Mr. Sessions asked unanimous consent that it be in order at any time on the legislative day of September 9, 2016, for the Speaker to entertain motions that the House suspend the rules, as though under clause 1 of rule 15, relating to S. 2040.

  26. May 17, 2016IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  27. May 17, 2016Floor

    Message on Senate action sent to the House.

  28. May 17, 2016FloorH14000

    Received in the House.

  29. May 17, 2016Floor

    Passed Senate with an amendment by Voice Vote.

  30. May 17, 2016Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

  31. May 17, 2016Floor

    The committee substitute withdrawn by Unanimous Consent. (consideration: CR S2847)

  32. May 17, 2016Floor

    Measure laid before Senate by unanimous consent. (consideration: CR S2845-2848; text of measure as reported in Senate: CR S2846-2847)

  33. Feb 3, 2016Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 362.

  34. Feb 3, 2016Committee

    Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  35. Feb 3, 2016Committee14000

    Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  36. Jan 28, 2016Committee

    Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  37. Sep 16, 2015IntroReferral

    Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S6701-6702)

    Judiciary Committee
  38. Sep 16, 2015IntroReferral10000

    Introduced in Senate

Public LawSep 28, 201649

(This measure has not been amended since it was passed by the Senate on May 17, 2016. The summary of that version is repeated here.)

Justice Against Sponsors of Terrorism Act

(Sec. 3) This bill amends the federal judicial code to narrow the scope of foreign sovereign immunity (i.e., a foreign state's immunity from the jurisdiction of U.S. courts).

Specifically, it authorizes federal court jurisdiction over a civil claim against a foreign state for physical injury to a person or property or death that occurs inside the United States as a result of: (1) an act of international terrorism, and (2) a tort committed anywhere by an official, agent, or employee of a foreign state acting within the scope of employment.

International terrorism does not include an act of war. Federal court jurisdiction does not extend to a tort claim based on an omission or an act that is merely negligent.

A U.S. national may file a civil action against a foreign state for physical injury, death, or damage as a result of an act of international terrorism committed by a designated terrorist organization.

(Sec. 4) The bill amends the federal criminal code to impose civil liability on a person who conspires to commit or aids and abets (by knowingly providing substantial assistance) an act of international terrorism committed, planned, or authorized by a designated terrorist organization.

(Sec. 5) It establishes exclusive federal court jurisdiction over civil claims under this bill.

It authorizes the Department of Justice (DOJ) to intervene in civil proceedings to seek a stay. A court may grant the stay if the Department of State certifies that the United States is engaged in good-faith discussions with the foreign state to resolve the civil claims.

(Sec. 7) This bill's amendments apply to a civil claim: (1) pending on or commenced on or after enactment; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001.

Passed House without amendmentSep 9, 201681

(This measure has not been amended since it was passed by the Senate on May 17, 2016. The summary of that version is repeated here.)

Justice Against Sponsors of Terrorism Act

(Sec. 3) This bill amends the federal judicial code to narrow the scope of foreign sovereign immunity (i.e., a foreign state's immunity from the jurisdiction of U.S. courts).

Specifically, it authorizes federal court jurisdiction over a civil claim against a foreign state for physical injury to a person or property or death that occurs inside the United States as a result of: (1) an act of international terrorism, and (2) a tort committed anywhere by an official, agent, or employee of a foreign state acting within the scope of employment.

International terrorism does not include an act of war. Federal court jurisdiction does not extend to a tort claim based on an omission or an act that is merely negligent.

A U.S. national may file a civil action against a foreign state for physical injury, death, or damage as a result of an act of international terrorism committed by a designated terrorist organization.

(Sec. 4) The bill amends the federal criminal code to impose civil liability on a person who conspires to commit or aids and abets (by knowingly providing substantial assistance) an act of international terrorism committed, planned, or authorized by a designated terrorist organization.

(Sec. 5) It establishes exclusive federal court jurisdiction over civil claims under this bill.

It authorizes the Department of Justice (DOJ) to intervene in civil proceedings to seek a stay. A court may grant the stay if the Department of State certifies that the United States is engaged in good-faith discussions with the foreign state to resolve the civil claims.

(Sec. 7) This bill's amendments apply to a civil claim: (1) pending on or commenced on or after enactment; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001.

Passed Senate amendedMay 17, 201635

Justice Against Sponsors of Terrorism Act

(Sec. 3) This bill amends the federal judicial code to narrow the scope of foreign sovereign immunity (i.e., a foreign state's immunity from the jurisdiction of U.S. courts).

Specifically, it authorizes federal court jurisdiction over a civil claim against a foreign state for physical injury to a person or property or death that occurs inside the United States as a result of: (1) an act of international terrorism, and (2) a tort committed anywhere by an official, agent, or employee of a foreign state acting within the scope of employment.

International terrorism does not include an act of war. Federal court jurisdiction does not extend to a tort claim based on an omission or an act that is merely negligent.

A U.S. national may file a civil action against a foreign state for physical injury, death, or damage as a result of an act of international terrorism committed by a designated terrorist organization.

(Sec. 4) The bill amends the federal criminal code to impose civil liability on a person who conspires to commit or aids and abets (by knowingly providing substantial assistance) an act of international terrorism committed, planned, or authorized by a designated terrorist organization.

(Sec. 5) It establishes exclusive federal court jurisdiction over civil claims under this bill.

It authorizes the Department of Justice (DOJ) to intervene in civil proceedings to seek a stay. A court may grant the stay if the Department of State certifies that the United States is engaged in good-faith discussions with the foreign state to resolve the civil claims.

(Sec. 7) This bill's amendments apply to a civil claim: (1) pending on or commenced on or after enactment; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001.

Reported to Senate with amendment(s)Feb 3, 20161

Justice Against Sponsors of Terrorism Act

(Sec. 3) This bill amends the federal judicial code to narrow the scope of foreign sovereign immunity (i.e., a foreign state's immunity from the jurisdiction of U.S. courts).

Specifically, it authorizes federal or state court jurisdiction over a civil claim against a foreign state for physical injury, death, or damage that occurs inside the United States as a result of a tort, including an act of terrorism or the provision of material support or resources for such an act, committed anywhere by a foreign state or official within the scope of the office.

The term "terrorism" includes international terrorism and domestic terrorism.

The jurisdiction of U.S. courts does not extend to civil claims against a foreign state for emotional distress as a result of an injury to another person that occurs outside the United States.

(Sec. 4) The bill amends the federal criminal code to impose civil liability on a person who conspires to commit or aids and abets (by knowingly providing substantial assistance) an act of international terrorism committed, planned, or authorized by a designated terrorist organization.

(Sec. 5) It authorizes federal court jurisdiction, to the maximum extent permissible under the Fifth Amendment, over a person who commits, aids and abets, or conspires to commit an act of international terrorism that injures a U.S. national.

(Sec. 6) It permits a civil action against a foreign state or official for physical injury, death, or damage as a result of an act of international terrorism committed by a designated terrorist organization.

(Sec. 8) This bill's amendments apply to a civil claim: (1) pending on or commenced on or after enactment; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001.

Introduced in SenateSep 16, 2015

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.

Justice Against Sponsors of Terrorism Act — Informed