[Congressional Record Volume 162, Number 60 (Tuesday, April 19, 2016)]
[Senate]
[Pages S2140-S2141]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JUSTICE AGAINST SPONSORS OF TERRORISM ACT
Mr. CORNYN. Madam President, I will spend a few minutes talking about
a piece of legislation that is bipartisan and deserves this Chamber's
consideration.
Last year, around the anniversary of the 9/11 attacks, I reintroduced
the Justice Against Sponsors of Terrorism Act, or JASTA. This bill
makes minor adjustments to our laws to help Americans who are attacked
on U.S. soil get justice from those who sponsored and facilitated that
terrorist attack on U.S. soil.
When the Judiciary Committee considered this bill earlier this year,
it was reported out without objection. I think the reasons for that are
pretty clear. We should use every means available to prevent the
funding of terrorism, and the victims of terrorism in our country
should be able to seek justice from people who do fund that terrorist
attack. We have to maintain our diligence to hold those who sponsor
terrorism accountable, particularly on our own soil, and we must
leverage all of our resources--or as many as possible--to shut off the
funding sources for terrorists. Using civil liability to do so has been
Federal policy for decades, and JASTA would strengthen that.
It is my hope that this legislation will serve as a defective
deterrent and will make foreign governments think twice before sending
money to terrorist groups who target our homeland. Our country
confronts new and expanding terror networks that are focused on
targeting our citizens, and we need to do everything we can to stop it,
including passing this legislation.
JASTA is also important because it would help the victims of the 9/11
attacks achieve closure from that horrific tragedy.
I mentioned that this is a bipartisan bill, and I am glad to
introduce it with my colleague Chuck Schumer of New York. But
unfortunately the President doesn't seem to share these bipartisan
concerns about helping the victims of terrorism or deterring others
from funding and facilitating it in the future. Unfortunately, the
administration has worked to undercut progress of this legislation at
every turn.
Yesterday the White House insisted that the President does not oppose
JASTA on behalf of the Kingdom of Saudi Arabia even though the
administration has made that argument in private. In light of his
upcoming trip there this week, it appears that the Obama administration
is pulling out all the stops to keep this bill from moving forward
before the President's visit to Riydah. I wish the President and his
aides would spend as much time and energy working with us in a
bipartisan manner as they have working against us trying to prevent
victims of terrorism from receiving the justice they deserve.
I was glad to see the President abandon an argument that I always
found strange, especially coming from him. He didn't seem to care that
much about our relationship with Saudi Arabia when he ran through his
misguided nuclear deal with Iran, running roughshod over serious
concerns raised by the Kingdom. He didn't seem to care much about our
relationship with Saudi Arabia when he contended that they should learn
to ``share the neighborhood with its mortal enemy Iran.'' In a very
real way, the President's opposition to this bill looked like it was
asking the victims of 9/11 and their families to pay some of the
political price for the President's mishandling of our relationship
with Saudi Arabia.
Well, yesterday the White House claimed it opposed the bill because
it undermined the principle of sovereign immunity. In the past, the
President said U.S. citizens could sue foreign governments and the
United States would get sued abroad. Now, sovereign immunity is an
important principle to be sure, but the fact is, the White House is
misrepresenting the law. We have had statutory exemptions to this
immunity for years for business conduct, torts, and many things,
including terrorism. We already had these exceptions in the law, and
that has been the law for decades. The only real change is allowing
victims of terrorist attacks on the homeland to sue even if the
defendant is not designated by the State Department as a state sponsor
of terrorism. That is right. All this would do would be to allow
victims of terrorist attacks on our homeland to sue even if the sponsor
of the terrorist activity was not a State Department designated state
sponsor of terrorism. This is a narrow piece of legislation, and it
would not upend traditional principles of sovereignty.
Yesterday a White House spokesman claimed that JASTA would lead to
liability for U.S. humanitarian aid work. That is just false. I am
confident that Senator Schumer and I can make that abundantly clear to
anybody who shares that misconception.
The President's attempt so far to derail this legislation that would
help the victims of 9/11 pursue justice under the law is completely
unacceptable. Unfortunately, this shouldn't be a surprise. The
President has steadfastly refused to declassify and release 28 pages of
the ``9/11 Commission Report'' that pertain to allegations of Saudi
Arabia's support for the 9/11 terrorists. According to some news
reports, President Obama has vowed several times to release this
information, but he hasn't followed through on that promise yet. His
actions to shield the Saudi Government instead of advocating on behalf
of his own citizens rings much louder than his words. That doesn't
sound to me like the most transparent administration in American
history, which is what the President promised the Nation at his
inauguration.
The good news is that there is bipartisan support in this Chamber for
those who will stand up for these victims of the 9/11 terrorist attacks
and hold the people responsible accountable. I look forward to
continuing to work with our colleagues to get this critical legislation
passed.
The President has his prerogatives under the Constitution. If he
wants to veto legislation passed by the Congress on a strong bipartisan
vote, he can do that, but 67 Senators and two-thirds of the House can
override a Presidential veto. That is in the Constitution too. So the
President needs to step up, instead of trying to kill this legislation
by private conversations in the Senate. The Senate needs to do its
work: Pass this bipartisan legislation, help the victims of the 9/11
terrorist attacks, and hold those who fund and facilitate terrorist
attacks responsible. If the President wants to get in the way, he can
veto the legislation, and we can override that veto. That is the way
the Constitution works.
[[Page S2141]]
Madam President, I yield the floor.
The PRESIDING OFFICER. The Senator from Oregon.
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