[Congressional Record Volume 162, Number 78 (Tuesday, May 17, 2016)]
[Senate]
[Pages S2845-S2848]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JUSTICE AGAINST SPONSORS OF TERRORISM ACT
Mr. CORNYN. Mr. President, all of us remember the horrible events of
September 11 and the grief and pain so many people went through in New
York. Roughly 3,000 people lost their lives. Obviously, the family
members have not forgotten that, and the Nation hasn't forgotten their
loss either.
The Senator from New York, Mr. Schumer, and I have introduced
legislation called the Justice Against Sponsors of Terrorism Act. This
is bipartisan legislation which would enable Americans and their family
members who lost loved ones on that horrible day to pursue their claims
for justice against those who sponsored those acts of terrorism on U.S.
homeland.
This bill was reported out of the Senate Judiciary Committee without
objection, and similar legislation passed the Senate unanimously last
Congress. I believe that kind of unanimous support sends a clear
message: that we will combat terrorism with every tool we have
available and that the victims of terrorist attacks in our country
should have every means at their disposal to seek justice.
I am grateful for the work of the Senator from New York, Mr. Schumer,
in introducing this bill along with me and Chairman Grassley for
shepherding it through the Senate Judiciary Committee. I also
appreciate the support of a large bipartisan group of like-minded
Senators in this Chamber. We worked with a number of Senators,
including the Senator from Alabama and the Senator from South Carolina,
who expressed concerns about earlier versions of the legislation. I
appreciate their willingness to work with us to deal with their
concerns in a way that now has gained their support.
This legislation amends the Foreign Sovereign Immunities Act passed
in 1976. So we already have a piece of legislation on the books that
waives sovereign immunity under some circumstances, but the problem is
that it does not extend to terrorist attacks on our homeland by
countries and organizations that have not already been designated as
state sponsors of terrorism. This makes some small changes in that
legislation that first passed in 1976 to expand the scope of that to
allow the families of the 9/11 tragedy to seek justice in our courts of
law.
Mr. President, there are some aspects of the bill that I would like
to discuss in particular, and to that effect I would like to enter into
a colloquy with my friend on a number of points.
Senators Sessions and Graham had expressed concern that earlier
versions of this legislation might be interpreted to derogate too far
from traditional principles of foreign sovereign immunity and put the
United States at risk of being sued for our operations abroad. We
worked extensively with them on this issue.
To alleviate the concerns they raised, the substitute amendment to S.
2040 narrowly tailors the immunity exception in several way.
First, it is limited--like the Foreign Sovereign Immunity Act's
``tort exception''--to physical injury ``occurring in the United
States.'' The act of international terrorism that causes the injury
must also take place ``in the United States.''
This focus on U.S. territory avoids the issues raised by the State
Department regarding section 1605A, the ``State Sponsor of Terrorism''
exception to the FSIA passed decades ago by Congress. Section 1605A
permits jurisdiction over acts that occur anywhere, but is limited to
certain states.
Second, jurisdiction can only be predicated on acts of terrorism and
not on acts of war, as both terms are defined under the Anti-Terrorism
Act.
Third, the injury must be ``caused by'' the tortious act or acts of
the foreign state. This language, which requires a showing of
jurisdictional causation, is drawn from decisions of Federal courts
interpreting section 1605A. Courts interpreting new section 1605B
should look to cases like Kilburn, Rux, and Owens, the analysis of
which we intend to incorporate here.
Finally, this new version adopts the language of 1605A regarding the
conduct of officials, employees, and agents of foreign states. This
language incorporates traditional principles of vicarious liability and
attribution, including doctrines such as respondeat superior, agency,
and secondary liability.
Mr. SCHUMER. I thank the Senator from Texas.
My friend the senior Senator from Texas is exactly right: we have
made several changes to the bill since the last time it was
introduced--and passed--to make it as narrow and targeted as possible.
I join him in thanking Senators Sessions and Graham for working with
us to strike the right balance.
I have two points on this.
Congress addressed terrorism under the FSIA decades ago, in what
became section 1605A, the exception for ``state sponsors of
terrorism.'' I want to make clear that JASTA is responding to a very
specific issue about terrorism on U.S. soil. It is not our intent to
imply anything about other areas of law. Other provisions of this
statute allowing victims of terror to sue foreign governments for acts
of international terrorism have a longstanding jurisprudence that JASTA
is not meant to alter.
The new version of the legislation also includes an important new
tool for the executive branch to address litigation against a foreign
sovereign under section 1605B.
Section 5 allows the Department of Justice to seek a stay of the
litigation--including related cases, not against the foreign state
itself--if the government certifies that it is involved in good-faith
discussions to resolve the matter. This stay can be extended.
Of course, if the administration seeks to use this new authority, it
should be
[[Page S2846]]
prepared to provide substantial evidence of good-faith negotiations to
the court such as details about those involved in the discussions and
their authority to reach a resolution, where and when the discussion
occurred and a timeline for resolving the matter.
I wish to say a few words about secondary liability under the Anti-
Terrorism Act, which JASTA addresses.
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 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 change that.
To sum up, the Foreign Sovereign Immunity Act has been amended, and
amended again, in its relatively short life, in order to strike the
proper balance between our interests abroad and the rights of our
citizens to obtain redress when they are victims of wrongdoing--no
matter who the perpetrator is. This version of JASTA would move our
laws even closer to that ideal balance.
I yield again to the senior Senator from Texas.
Mr. CORNYN. Mr. President, I would also like to say a few words about
secondary liability under the Anti-Terrorism Act, which JASTA
addresses.
This bill is called the Justice Against Sponsors of Terrorism Act. It
helps fulfill the promise of the original Anti-Terrorism Act, which was
intended to ``interrupt, or at least imperil, the flow of money'' to
terrorist groups. So, while JASTA clarifies the rule for secondary
liability, which may attach to terrorism sponsors, it doesn't impact
other aspects of the ATA that may also make them liable. For example,
this bill is not intended to alter how violations of sections 2339A--
material support--or 2339C--terrorist financing--can be the basis for
direct liability under the ATA.
Mr. President, I would add, there is already litigation pending by
the families who lost loved ones on 9/11, and right now there appears
to be somewhat of a split in the Federal courts with regard to the
scope of sovereign immunity and whether it applies. This legislation
would basically clarify that both for pending cases and for future
claims.
At this point, I would defer to my friend, the Senator from New York,
for any statement he would care to make, and then I would be happy to
offer a unanimous consent request.
The PRESIDING OFFICER. The Senator from New York.
Mr. SCHUMER. Mr. President, I thank my good friend from Texas for
yielding and for the great job he has done. This is another example of
bipartisan legislation and, in fact, another example of a Cornyn-
Schumer collaboration, which works pretty well around here.
Senator Cornyn and I have introduced this bill for the last three
Congresses, first under the leadership of Senator Leahy and then under
Senator Grassley. It has twice passed without objection through the
Senate Judiciary Committee, once by the full Senate. I thank Senators
Leahy and Grassley for their help as well.
The bill is very near and dear to my heart as a New Yorker 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.
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. These courts are following what we believe is a nonsensical
reading of the Foreign Sovereign Immunities Act. For the sake of the
families, I want to make clear beyond a shadow of a doubt that every
entity, including foreign states, will be held accountable if they are
found to be sponsors of the heinous act of 9/11.
My friend, the senior Senator from Texas, and I have worked hard to
narrow the bill to strike the proper balance between our interests
abroad and the rights of our citizens to obtain redress when they are
victims of terrible wrongdoing. We had a colloquy for the Record that
goes into more detail on some of the legal nitty-gritty, but we cannot
lose sight of the bigger picture: What this legislation means to the
victims of 9/11 transcends day-to-day politics.
One of the most impassioned advocates of this bill is 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 tiny baby
boy who was born shortly after the towers fell. She lost a loving
father and her best friend. Terry Strada and many others are seeking
what we would all be compelled to seek if we suffered such loss at the
hands of hate and evil, which is simply justice.
The fact that some foreign governments may have aided and abetted
terrorism is infuriating to the families if justice is not done. That
is what they seek--justice, justice, justice.
Terry and her three children have championed this bill for over a
decade. They are not cursing the darkness--as would be human nature to
do--at their terrible, unjust, and almost inexplicable loss. Instead,
her family and many other families have chosen to light candles, to do
whatever they can to make sure this never happens again, so that any
foreign entity that would seek to choose to help and aid and abet and
do terrorism here on our shores will pay a price if it is proven that
they have done so.
So Terry and the other families are lighting candles--a saintly act.
I thank them and all the other families as well--Monica Gabrielle,
Mindy Kleinberg, Lori Van Auken, Kristen Breitweiser, Patty Casazza--
for their tireless advocacy and patience.
In conclusion, JASTA is long overdue--a responsible, balanced 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 and heartache that
they certainly should not be denied justice.
Mr. President, I yield to my colleague from Texas for the unanimous
consent request.
The PRESIDING OFFICER. The majority whip.
Mr. CORNYN. Mr. President, I thank my colleague from New York for his
comments and for his partnership in working on this important
legislation.
Mr. President, I ask unanimous consent that the Senate proceed to the
immediate consideration of Calendar No. 362, S. 2040.
The PRESIDING OFFICER. The clerk will report the bill by title.
The bill clerk read as follows:
A bill (S. 2040), 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:
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
[[Page S2847]]
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, liability
may be asserted as to any person who aids and abets, by
knowingly providing substantial assistance, or who conspires
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.
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 who conspires with 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
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. CORNYN. Mr. President, I ask unanimous consent that the
committee-reported substitute amendment be withdrawn; that the Cornyn
substitute amendment be agreed to; and that the bill, as amended, be
read a third time.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The amendment (No. 3945) in the nature of a substitute was agreed to,
as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and 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.
(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) 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.
(3) 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.
(4) It is necessary to recognize the substantive causes of
action for aiding and abetting and conspiracy liability under
chapter 113B of title 18, United States Code.
(5) 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 chapter 113B
of title 18, United States Code.
(6) 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.
(7) 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. RESPONSIBILITY OF FOREIGN STATES FOR INTERNATIONAL
TERRORISM AGAINST THE UNITED STATES.
(a) In General.--Chapter 97 of title 28, United States
Code, is amended by inserting after section 1605A the
following:
[[Page S2848]]
``Sec. 1605B. Responsibility of foreign states for
international terrorism against the United States
``(a) Definition.--In this section, the term `international
terrorism'--
``(1) has the meaning given the term in section 2331 of
title 18, United States Code; and
``(2) does not include any act of war (as defined in that
section).
``(b) 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--
``(1) an act of international terrorism in the United
States; and
``(2) a tortious act or acts of the foreign state, or of
any official, employee, or agent of that foreign state while
acting within the scope of his or her office, employment, or
agency, regardless where the tortious act or acts of the
foreign state occurred.
``(c) Claims by Nationals of the United States.--
Notwithstanding section 2337(2) of title 18, a national of
the United States may bring a claim against a foreign state
in accordance with section 2333 of that title if the foreign
state would not be immune under subsection (b).
``(d) Rule of Construction.--A foreign state shall not be
subject to the jurisdiction of the courts of the United
States under subsection (b) on the basis of an omission or a
tortious act or acts that constitute mere negligence.''.
(b) Technical and Conforming Amendments.--
(1) The table of sections for chapter 97 of title 28,
United States Code, is amended by inserting after the item
relating to section 1605A the following:
``1605B. Responsibility of foreign states for international terrorism
against the United States.''.
(2) Subsection 1605(g)(1)(A) of title 28, United States
Code, is amended by inserting ``or section 1605B'' after
``but for section 1605A''.
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.--
``(1) Definition.--In this subsection, the term `person'
has the meaning given the term in section 1 of title 1.
``(2) 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, liability
may be asserted as to any person who aids and abets, by
knowingly providing substantial assistance, or who conspires
with the person who committed such an act of international
terrorism.''.
(b) Effect on Foreign Sovereign Immunities Act.--Nothing in
the amendment 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. STAY OF ACTIONS PENDING STATE NEGOTIATIONS.
(a) 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 1605B of title 28,
United States Code, as added by section 3(a) of this Act.
(b) 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
1605B of title 28, United States Code, as added by section
3(a) of this Act, for the purpose of seeking a stay of the
civil action, in whole or in part.
(c) Stay.--
(1) 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 state, or any
other parties as to whom a stay of claims is sought.
(2) Duration.--
(A) In general.--A stay under this section may be granted
for not more than 180 days.
(B) Extension.--
(i) In general.--The Attorney General may petition the
court for an extension of the stay for additional 180-day
periods.
(ii) Recertification.--A court shall grant an extension
under clause (i) 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 state, or any other parties as
to whom a stay of claims is sought.
SEC. 6. 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. 7. 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.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. CORNYN. Mr. President, I know of no further debate on the
measure.
The PRESIDING OFFICER. Is there further debate?
If not, the bill having been read the third time, the question is,
Shall it pass?
The bill (S. 2040), as amended, was passed.
Mr. CORNYN. Mr. President, I ask unanimous consent that the motion to
reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CORNYN. Mr. President, I yield the floor.
____________________