Congressional Record, Volume 160 Issue 151 (Thursday, December 11, 2014)

[Congressional Record Volume 160, Number 151 (Thursday, December 11, 2014)]
[Senate]
[Pages S6657-S6660]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

JUSTICE AGAINST SPONSORS OF TERRORISM ACT

Mr. SCHUMER. Madam President, I ask unanimous consent that the Senate
proceed to the consideration of Calendar No. 560, S. 1535.
The PRESIDING OFFICER. The clerk will report the bill by title.
The bill clerk read as follows:

A bill (S. 1535) to deter terrorism, provide justice for
victims, and for other purposes.

There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on the Judiciary, with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:

S. 1535

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 therefore
Congress may by law impose penalties on those who provide
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 of the United States for conduct directed and
targeted at the United States.
(5) It is necessary to recognize the substantive causes of
action for aiding and abetting and conspiracy liability under
the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 et seq.).
(6) The decision of the United States Court of Appeals for
the District of Columbia in Halberstam v. Welch, 705 F.2d 472
(D.C. Cir. 1983), which has been widely recognized as the
leading case regarding Federal civil aiding and abetting and
conspiracy liability, including by the Supreme Court of the
United States, provides the proper legal framework for how
such liability should function in the context of the Anti-
Terrorism Act of 1987 (22 U.S.C. 5201 et seq.).
(7) The United Nations Security Council declared in
Resolution 1373, adopted on September 28, 2001, that all
countries have an affirmative obligation to ``[r]efrain from
providing any form of support, active or passive, to entities
or persons involved in terrorist acts,'' and to ``[e]nsure
that any person who participates in the financing, planning,
preparation or perpetration of terrorist acts or in
supporting terrorist acts is brought to justice''.
(8) Consistent with these declarations, no country has the
discretion to engage knowingly in the financing or
sponsorship of terrorism, whether directly or indirectly.
(9) Persons, entities, or countries 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 nationals of the United States 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 brought to
court in the United States to answer for such activities.
(10) 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 persons,
entities, or countries 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 broadest possible basis, consistent with
the Constitution of the United States, to seek relief against
persons, entities, and foreign countries, wherever acting and
wherever they may be found, that have provided material
support, directly or indirectly, to foreign organizations or
persons that engage in terrorist activities against the
United States.

SEC. 3. FOREIGN SOVEREIGN IMMUNITY.

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 the office or employment of the official
or employee (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 of,
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', `extrajudicial
killing', `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.''.

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 under subsection (a) for an
injury arising from an act of international terrorism
committed, planned, or authorized by an organization that had
been designated as a foreign terrorist organization under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189), as of the date on which such act of international
terrorism was committed, planned, or authorized, or that was
so designated as a result of such act of international
terrorism, liability may be asserted as to any person or
entity that aided, abetted, or conspired with the person 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) Effect on Foreign Sovereign Immunities Act.--Nothing in
the amendments made by this section affects immunity of a
foreign state, as that term is defined in section 1603 of
title 28, United States Code, from jurisdiction under other
law.

SEC. 5. PERSONAL JURISDICTION FOR CIVIL ACTIONS REGARDING
TERRORIST ACTS.

Section 2334 of title 18, United States Code, is amended by
inserting at the end the following:
``(e) Personal Jurisdiction.--The district courts shall
have personal jurisdiction, to the maximum extent permissible
under the 5th Amendment to the Constitution of the United
States, 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 act, 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.''.

SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS IN CIVIL ACTIONS
REGARDING TERRORIST ACTS.

Section 2337 of title 18, United States Code, is amended to
read as follows:

``Sec. 2337. Suits against Government officials

``No action may be maintained under section 2333 against--
``(1) the United States;
``(2) an agency of the United States; or
``(3) 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
authority.''.

SEC. 7. SEVERABILITY.

If any provision of this Act or any amendment made by this
Act, or the application of a provision or amendment to any
person or circumstance, is held to be invalid, the remainder

[[Page S6658]]

of this Act and the amendments made by this Act, and the
application of the provisions and amendments to any other
person not similarly situated or to other circumstances,
shall not be affected by the holding.

SEC. 8. EFFECTIVE DATE.

The amendments made by this Act shall apply to any civil
action--
(1) pending on, or commenced on or after, the date of
enactment of this Act; and
(2) arising out of an injury to a person, property, or
business on or after September 11, 2001.

Mr. SCHUMER. I ask unanimous consent that the committee-reported
substitute be considered; that a Schumer amendment, which is at the
desk, be agreed to; the committee substitute, as amended, be agreed to;
the bill, as amended, be read a third time and passed; and the motion
to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The amendment (No. 4096) was agreed to, as follows:

(Purpose: In the nature of a substitute)

In lieu of the matter proposed to be inserted, insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Justice Against Sponsors of
Terrorism Act''.

SEC. 2. FINDINGS AND PURPOSE.

SEC. 3. FOREIGN SOVEREIGN IMMUNITY.

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 under subsection (a) for an
injury arising from an act of international terrorism
committed, planned, or authorized by an organization that had
been designated as a foreign terrorist organization under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189), as of the date on which such act of international
terrorism was committed, planned, or authorized, or that was
so designated as a result of such act of international
terrorism, liability may be asserted as to any person who
aided, abetted, or conspired with the person who committed
such an act of international terrorism.''.
(b) Effect on Foreign Sovereign Immunities Act.--Nothing in
the amendments made by this section affects immunity of a
foreign state, as that term is defined in section 1603 of
title 28, United States Code, from jurisdiction under other
law.

SEC. 5. PERSONAL JURISDICTION FOR CIVIL ACTIONS REGARDING
TERRORIST ACTS.

SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS IN CIVIL ACTIONS
REGARDING TERRORIST ACTS.

Section 2337 of title 18, United States Code, is amended to
read as follows:

``Sec. 2337. Suits against Government officials

SEC. 7. SEVERABILITY.

If any provision of this Act or any amendment made by this
Act, or the application of a provision or amendment to any
person or circumstance, is held to be invalid, the remainder
of this Act and the amendments made by this Act, and the
application of the provisions and amendments to any other
person not similarly situated or to other circumstances,
shall not be affected by the holding.

SEC. 8. EFFECTIVE DATE.

The committee-reported amend in the nature of a substitute, as
amended, was agreed to.
The bill (S. 1535), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.

[[Page S6659]]

Mr. SCHUMER. Madam President, I rise today on a very important
bipartisan bill that has just been approved by this body unanimously,
the Justice Against Sponsors of Terrorism Act, or JASTA.
I thank my cosponsor and partner in this and many other issues, I am
happy to say, Senator Cornyn, the Senator from Texas; and I thank
Chairman Leahy, our chairman of the Judiciary Committee. Under his
leadership, it has twice been passed by the Senate Judiciary Committee.
I feel so strongly about this bill because it would allow the victims
of 9/11 to pursue some small measure of justice by giving them a legal
avenue to hold foreign sponsors of terrorism accountable for their
actions. This bill, quite simply, does right by the 9/11 victims.
We New Yorkers can never forget the terrible day 13 years ago when
terrorists attacked our city and murdered more than 2,700 of our
friends, neighbors, and relatives. We were shocked and our hearts were
broken. The whole Nation mourned with us.
But I am proud to say that New York--and America--came back stronger
after that horrific attack. I am also proud to say that Congress and
Presidents Bush and Obama have been there to help New York heal, but
never forget.
From the first days after 9/11, it has always been the families of
those we lost who have been at the vanguard of advocacy. The families
have accomplished so much along the way in terms of remembrance, and
justice and change in national security policies. I so salute them, not
only those who worked with me on this legislation but all the families
who have worked on so many bills.
When something so evil and so terrible befalls you--when you lose a
loved one through an abject act of evil, such as was committed on 9/11/
2001--the natural reaction is to curse the dark, to say: Why me? Why
was this so unjust? But the Bible tells us that it is the great part of
humanity, almost saint-like, to light a candle, to try and rectify the
injustice that you can never undo for the loved one you lost but might
undo for others.
These families--and I know them well. I have cried with them, worked
with them, and struggled with them--have all lit candles. They are
amazing. They are saint-like. And there are so many families and loved
ones who have stepped up and petitioned for help after 9/11. As I said,
it would be easy for them to sit and curse the dark, but they have
instead chosen to light that candle and shine a way forward--not back.
The bill I hope the Senate will pass today helps victims of terrorism
seek justice, one of our most cherished American values.
Let me tell you about Ms. Terry Strada, who is seeking justice for
her husband Tom. Tom lost his life in the north tower on September 11.
Terry didn't just lose a husband, she lost a father to a young son of
7, a daughter of 4, and a newborn baby boy. She lost a loving father
and her best friend.
But Terry Strada is strong. She is a profile in courage, and she
seeks what we all would be compelled to seek if we suffered such loss
at the hands of hate and evil. She seeks justice.
Terry and her three children have championed this bill for over a
decade now. I thank them and all the other families for their tireless
advocacy and patience.
Of course, no amount of compensation will ever repair the broken
hearts of a family who lost a loved one to mindless hate. But right now
these families are being denied the ability to hold accountable foreign
sponsors of terrorism because of a major loophole in our legal system.
The courts in New York have dismissed the 9/11 victims' claims
against certain foreign entities alleged to have helped fund the 9/11
attacks. The courts are following what I believe is a nonsensical
reading of the Foreign Sovereign Immunities Act. But for the sake of
these families, I want to make clear, without a shadow of a doubt, that
every entity, including foreign states, will be held accountable if
they are found to be sponsors of heinous acts such as 9/11.
Our bipartisan legislation that Senator Cornyn and I are so proud to
support closes that loophole and amends the Foreign Sovereign Immunity
Act to allow victims and their families to sue foreign states and
financial partners of terrorism.
Terrorists need an unfathomable amount of hate in them--but they also
need a great deal of money and material support--to carry out attacks
such as what occurred on 9/11. And, unfortunately, some countries
provide that lifeblood with no legal repercussions.
For countries to aid the evil of terrorism and walk away scot-free
while families suffer silently every day with the loss of loved ones is
wrong, it is unfair, and it is unjust. It adds insult to an
unimaginable injury to these families.
JASTA, our bill, hopefully to become law soon, will finally help the
victims of 9/11 pursue justice by allowing them to sue countries that
fund terrorist groups such as Al Qaeda. The Foreign Sovereign Immunity
Act has been amended, and amended again, in its relatively short life,
in order to continue to strike the proper balance between our interests
abroad and the rights of our citizens to obtain redress when they are a
victim of wrongdoing, no matter who the perpetrator is.
Specifically, our bill brings the Foreign Sovereign Immunity Act
closer to that balance by ensuring that victims of terror inside the
United States receive the same protections of victims of terror outside
the United States; that liability clearly exists for aiders and
abettors of terrorism; and that foreign states that commit terrorist
acts can be held accountable under the Anti-Terrorism Act.
Cognizant of that ideal balance I just mentioned, we have extended
legal protections for victims and expanded liability in a very focused
way.
In response to concerns from the business community as well as
Members of Congress, we have made substantial changes to the bill so
that those who are liable under the changes to the Foreign Sovereign
Immunity Act are only the really bad actors.
We have worked hard so this bipartisan bill enhances the original aim
of the Foreign Service Immunity Act: to create a uniform and
predictable means for protecting the immunity of sovereign states with
limited exceptions that are consistent with our own national, as well
as international, norms.
JASTA is a long overdue fix--a responsible fix--to a law that has
extended too large a shield to foreign actors who finance and enable
terrorism on a massive scale. The victims of 9/11 and other terrorist
attacks have suffered such pain--physical pain and heartache--but they
will not be denied justice.
The Justice Against Sponsors of Terrorism Act will take measured
steps toward making sure these bad actors are held accountable and that
victims can pursue justice where justice is to be had. I look forward
to working with my colleagues to see that it becomes law.
I know Senator Cornyn will want to say a few words, but first I wish
to enter into a colloquy with my friend from Texas because it is
important to underscore one point: The purpose of the Justice Against
Sponsors of Terrorism Act is to hold foreign sponsors of terrorism that
target the United States accountable in Federal courts.
One thing that has come up in our discussions of this bill is whether
the bill's provisions would extend civil liability under the Anti-
Terrorism Act to situations where someone has been forced to make
payments or provide aid to a foreign terrorist organization under
genuine duress or, for example, as ransom payments for the release of
someone taken hostage. This type of conduct is outside the scope of
traditional aiding and abetting liability, and our bill does not seek
to change that.
I recognize Senator Cornyn.
The PRESIDING OFFICER. The Republican whip.
Mr. CORNYN. Madam President, I thank the senior Senator from New
York, my friend, Senator Schumer, for working on this bipartisan
legislation. It is a good example of the kinds of things we can do
working together. Even though he and I come from different parts of the
country and different political parties, he has been a good partner on
a number of things that we have worked on together, and I am hoping we
are setting in place some good habits that will continue on in the next
Congress.

[[Page S6660]]

I agree with Senator Schumer that JASTA is a good example of the kind
of good work we can do together to solve problems facing our Nation.
This bill passed out of the Senate Judiciary Committee without
opposition because of the careful work we were able to do to ensure the
bill accomplished its goals while addressing concerns about unintended
consequences.
So I appreciate our work together and look forward to continuing both
for the duration of the 113th Congress and the 114th Congress.
Mr. SCHUMER. I thank Senator Cornyn for his good work.
I yield the floor.
Mr. SCHATZ. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. SCHATZ. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________