Posted on Jan 15, 2017
S.2040 - 114th Congress (2015-2016): Justice Against Sponsors of Terrorism Act
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There is an all expense paid trip to D.C. For anyone willing to speak with a congressional committee to afford our service members, diplomats, and veterans protections not afforded by the speed with which this bill was passed. You can even help just by sending emails. If you'd like to make the trip, contact myself or my Fiancée Stephanie at [login to see] . We need all the support we can get! Thank you for reading!
S.2040 - 114th Congress (2015-2016): Justice Against Sponsors of Terrorism Act
Posted from congress.gov
LCpl
Cpl
MGySgt
1SG
Posted 8 y ago
Responses: 3
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Thanks for sharing Cpl Casey Meyer. This law is typical of Congressional legal language which generally means it takes time to read it and digest the information.
This law is from the USA perspective so I expect it would be observed by any nation we have a treaty with. Of course terrorists and terror-sponsor states don't sign treaties and they don't subscribe to the Geneva or Hague conventions.
If we have economic leverage as a nation we can expect to use that to our advantage as we did with Iranian assets we froze from Shah Pahlavi's regime days.
"Public Law No: 114-222 (09/28/2016)
(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."
FYI LTC Stephen C. Maj William W. "Bill" Price Capt Christopher Mueller Capt Seid Waddell CW5 (Join to see) SGM David W. Carr LOM, DMSM MP SGT SSG James J. Palmer IV aka "JP4" SSgt (Join to see) SGT (Join to see) SP5 Mark Kuzinski SGT Forrest Stewart SGT John " Mac " McConnell SGT Robert George SPC (Join to see) SrA Christopher Wright Kim Bolen RN CCM ACM COL Mikel J. Burroughs
This law is from the USA perspective so I expect it would be observed by any nation we have a treaty with. Of course terrorists and terror-sponsor states don't sign treaties and they don't subscribe to the Geneva or Hague conventions.
If we have economic leverage as a nation we can expect to use that to our advantage as we did with Iranian assets we froze from Shah Pahlavi's regime days.
"Public Law No: 114-222 (09/28/2016)
(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."
FYI LTC Stephen C. Maj William W. "Bill" Price Capt Christopher Mueller Capt Seid Waddell CW5 (Join to see) SGM David W. Carr LOM, DMSM MP SGT SSG James J. Palmer IV aka "JP4" SSgt (Join to see) SGT (Join to see) SP5 Mark Kuzinski SGT Forrest Stewart SGT John " Mac " McConnell SGT Robert George SPC (Join to see) SrA Christopher Wright Kim Bolen RN CCM ACM COL Mikel J. Burroughs
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Cpl Casey Meyer
Col Ford, this essentially negated the Status of Forces Agreement, which opens the door for current service members, diplomats, and veterans of any era to be subject to retaliatory lawsuits. I'm flying to D.C. The 23rd along with 3 Generals for this mission. Anyone willing to be involved gets first class treatment, and a chance to have your voice heard. There are 4 service members currently being held in Turkey pending such lawsuits, and have heard that Iraq is now looking at opening similar cases. We need protections, and we can't get those without us going to the hill and offering our voice.
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LTC Stephen F.
Cpl Casey Meyer - a status of forces agreement (SOFA) is an agreement between a host country and a foreign. We have many different SOFAs and each is negotiated separately from Australian through all European nations to South America to Korea and Japan.
A friend of my wife's was imprisoned in Turkey twenty years ago because her "friends' deserted her after she lost her passport.
Renegotiating the SOFA with Turkey after the failed coup attempt against Erdogan may make sense.
A friend of my wife's was imprisoned in Turkey twenty years ago because her "friends' deserted her after she lost her passport.
Renegotiating the SOFA with Turkey after the failed coup attempt against Erdogan may make sense.
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Cpl Casey Meyer thanks for the read and share, great initiative. For the Veteran of the Veteran!
LTC Stephen F.
LTC Stephen F.
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