[Congressional Record Volume 162, Number 136 (Friday, September 9, 2016)]
[House]
[Pages H5239-H5244]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JUSTICE AGAINST SPONSORS OF TERRORISM ACT
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 2040) to deter terrorism, provide justice for victims, and for
other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 2040
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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.
[[Page H5240]]
(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:
``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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentleman from New York (Mr. Nadler)
each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous materials to S. 2040, under current
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the Justice Against Sponsors of Terrorism Act has been
introduced over several successive Congresses and has twice passed the
Senate. Over the years that this legislation has been considered, I
have worked with its sponsors to make the bill's language more precise
in order to ensure that any unintended consequences are kept to a
minimum.
In particular, I have worked to make sure that JASTA's extension of
secondary liability under the Anti-Terrorism Act closely tracks the
common law standard for aiding and abetting liability and is limited to
State Department-designated foreign terrorist organizations.
Secondary liability should only attach to persons who have actual
knowledge that they are directly providing substantial assistance to a
designated foreign terrorist organization in connection with the
commission of an act of international terrorism. JASTA, as revised in
the Senate Judiciary Committee, ensures that aiding and abetting
liability is limited in this manner.
In addition to the Anti-Terrorism Act, JASTA amends the Foreign
Sovereign Immunities Act to waive the sovereign immunity of any country
that sponsors an act of international terrorism that causes physical
injury on U.S. soil.
JASTA makes this change because, under current law, a foreign nation
can provide financing and other substantial assistance for a terrorist
attack in our country and escape liability so long as the support is
provided overseas.
[[Page H5241]]
For example, under current law, if the intelligence agency of a
foreign government handed a terrorist a bag of money in New York City
to support an attack on U.S. soil, the country would be liable under
the Foreign Sovereign Immunities Act's tort exception right now.
However, if we change the fact pattern slightly so that, rather than
giving a terrorist money in New York City, the money is provided in
Paris, the foreign state will not be subject to liability in U.S.
courts.
This is a troubling loophole in our antiterrorism laws to say that a
terrorist attack occurring in the United States, a tort occurring in
the United States on U.S. citizens, would not allow U.S. citizens
access to their own courts for a tort that occurred in their own
country.
When Congress enacted the Foreign Sovereign Immunities Act in 1976,
it put in place a broad set of exceptions to sovereign immunity,
including an exception for tort claims involving injuries occurring in
the United States. However, the courts have not consistently
interpreted those exceptions in such a manner that they cover the
sponsoring of a terrorist attack on U.S. soil.
JASTA addresses this inconsistency with a concrete rule that is
consistent with the nine, longstanding exceptions to foreign sovereign
immunity already provided for under U.S. law.
JASTA ensures that those, including foreign governments, who sponsor
terrorist attacks on U.S. soil are held fully accountable for their
actions. We can no longer allow those who injure and kill Americans to
hide behind legal loopholes, denying justice to the victims of
terrorism.
I urge my colleagues to vote in favor of this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I ask unanimous consent that the gentleman
from Michigan (Mr. Conyers) control the balance of the time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to thank my colleague from New York, a senior
member of the committee with whom I have worked for many years, for
yielding.
Mr. Speaker, the September 11, 2001, terrorist attack on the United
States was the deadliest foreign attack on American soil in our
Nation's history. Its impact has been immeasurable, as evidenced by the
fact that we are still grappling with the cultural and policy
implications stemming from the events of that day. And, 15 years on,
most Americans continue to feel its searing emotional impact,
particularly as the anniversary date approaches this Sunday. This is
especially true for those who lost loved ones or were injured as a
result of this horrific attack. They deserve our deepest sympathy and
our help.
So it is in this vein that we consider S. 2040, the Justice Against
Sponsors of Terrorism Act, which, among other things, amends the
Foreign Sovereign Immunities Act of 1976 to create a new exception to
the act's general grant of foreign sovereign immunity.
The Judiciary Committee held a hearing on this bill last July, at
which the bill's supporters presented compelling and sympathetic
arguments in favor of ensuring that the 9/11 families have access to a
well-deserved day in court. At the same time, however, the
administration and others raised a number of concerns about the bill's
potential impact that we should keep in mind.
First, the administration, some allied nations, and others, assert
that the enactment of S. 2040 may lead to retaliation by other
countries against the United States, given the breadth of our interests
and the expansive reach of our global activities.
Secondly, they assert that the bill will hamper cooperation from
other nations because they may become more reluctant to share sensitive
intelligence, in light of the greater risk that such information may be
revealed in litigation.
Moreover, they raise the concern that the bill, effectively, would
allow private litigants rather than the government to determine foreign
and national security policy questions like which states are sponsors
of terrorism.
Because of the moral imperative of enacting legislation and the
seriousness of the concerns raised, I remain hopeful that we can
continue to work with the administration to resolve these issues so
that legislation can be signed into law by the President.
I also want to acknowledge Representatives Peter King and,
particularly, Jerrold Nadler, and Senators John Cornyn and Charles
Schumer for their tireless leadership and efforts to achieve
congressional passage of this measure. There is no doubt as to the
passion they bring for advocating for victims of the September 11,
2001, attacks--a passion that I, and many others, share.
{time} 1115
Mr. GOODLATTE. Mr. Speaker, at this time, it is my pleasure to yield
3 minutes to the gentleman from Texas (Mr. Poe), a distinguished member
of the Judiciary Committee, and welcome him back.
Mr. POE of Texas. Mr. Speaker, Sunday marks 15 years since America
was viciously attacked in 2001. Everyone remembers what they were
doing. I was driving my Jeep to the courthouse in Texas, where I was a
judge. People stopped on the side of the road because they were
listening to the radio about how planes were used as a weapon to attack
our Nation.
Three thousand Americans and people from other nations were murdered
at the hands of evil, malicious terrorists, and our country changed
forever that day. The lives of those families especially changed, those
families that suffered loved ones who were killed and injured and are
still injured today.
Meanwhile, we are here debating whether or not these families of the
victims deserve their basic right, under the Constitution of the U.S.,
to their day in court, the right to sue the perpetrators. I don't think
there should be much dissenting on this issue.
Mr. Speaker, if any foreign government, if it can be shown to have
supported a terrorist attack on U.S. soil, American victims ought to
have the right to sue that country. Based on the 28 pages held secret
for years, there may be evidence that the country of Saudi Arabia and
their officials may have had some involvement in planning the elements
of that attack. I don't know. That is what the courtroom is for.
Whether this involvement rises to the level to be held accountable at
trial is an issue for a jury of Americans to decide.
It is interesting that Saudi Arabia objects to this legislation.
Methinks they object too much.
Like any other issue, we should let a jury decide the damages, what
they should be, whether there should be any at all. The legislation
gives the victims' families access to the courts, to the rule of law,
and we, as a people, should be more concerned about these victims of
terror than we are about diplomatic niceties with other countries.
The voices of the murdered cry out for us to do justice, and justice
has been waiting too long; 15 years for justice.
Mr. Speaker, justice is what we do in this country, and that is what
these victims and their families want.
And that is just the way it is.
Mr. CONYERS. Mr. Speaker, I am pleased now to yield 3 minutes to the
gentleman from New York (Mr. Nadler), who has been working on this
issue for such a long time.
Mr. NADLER. I thank the gentleman for yielding.
Mr. Speaker, I rise in strong support of JASTA. I am proud to be the
lead Democratic sponsor of this bill, alongside my friend from New York
(Mr. King), and I appreciate all of his hard work on this legislation.
On Sunday, we will observe the 15th anniversary of the September 11
terrorist attacks, when thousands of Americans were brutally murdered
in my district in New York, as well as at the Pentagon, and in
Shanksville, Pennsylvania. JASTA would help ensure that those
responsible for aiding and abetting those attacks are held accountable
for their actions.
Unfortunately, because of certain court decisions misinterpreting the
Foreign Sovereign Immunities Act and the Anti-Terrorism Act, the 9/11
victims and their families have been unable to pursue their claims in
court
[[Page H5242]]
against some of the parties they believe were responsible for funding
the attacks.
JASTA simply reinstates what was understood to be the law for 30
years, that foreign states may be brought to justice for aiding and
abetting acts of international terrorism that occur on American soil,
whether or not the conduct that facilitated the attack occurred in the
United States.
Think of it this way: some courts have held that if a foreign
government agent hands over a $1 million check to al Qaeda in a cafe in
New York in order to fund a terrorist attack in the United States, that
government can be sued in an American court. But if that same foreign
agent funds the same attack by handing over the same $1 million check
in a cafe in Geneva, his government should be immune from liability.
That makes no sense, and it flies in the face of what had been
settled law for many years. We must correct these erroneous court
decisions so that anyone who facilitates a terrorist attack on our
people can be brought to justice.
Let me be clear. This legislation does not prejudge the merits of any
particular case. It simply ensures that the 9/11 families, or anyone
who may face the same situation, can plead their case in court.
Some critics of this bill have argued that if we pass it, other
nations may retaliate by enacting similar laws that could subject
Americans, or the United States itself, to liability in those
countries. I find this argument unpersuasive. The United States does
not engage in international terrorist activity and would not face any
legal jeopardy if a law like JASTA were enacted anywhere else.
Furthermore, the Foreign Sovereign Immunities Act, and its well-
established tort exception, have been the law for 40 years. In that
time, we simply have not seen the parade of horribles that some critics
imagine would happen if this bill were to become law.
We cannot allow threats from a country that fears being held to
account for its actions, and may threaten retaliation of some sort, to
deny victims of terrorist attacks their day in court. Moreover, this
legislation contains a reasonable provision allowing for a stay of
court proceedings if the President is engaging in good faith
negotiations to resolve the claim through diplomatic channels.
We need not fear retaliation from another country. This is not the
1790s. The United States is a major power and can hold our own.
JASTA is a narrow bill that has been carefully negotiated over the
last 6 years, and which passed the Senate unanimously in May. It would
provide clarity to the courts, and justice to the victims of 9/11, and
it deserves swift passage today.
I urge all my colleagues to vote for this bill.
Mr. GOODLATTE. Mr. Speaker, at this time, it is my pleasure to yield
3 minutes to the gentleman from New York (Mr. King), the chief sponsor
of this legislation.
Mr. KING of New York. I thank the chairman for yielding.
Mr. Speaker, this is a great day for America. Let me, at the outset,
commend Chairman Goodlatte for the outstanding work that he has done,
for always keeping his word, for being a person we could always count
on to do what had to be done, and always told us what he was doing, and
always carried everything out. So I thank Bob very much.
Let me thank the Speaker of the House, Mr. Ryan; the Majority Leader,
Mr. McCarthy; the Democratic leaders, Nancy Pelosi and Steny Hoyer; and
my good friend, Jerry Nadler, for being there from day one.
Also, let me thank former Congressman Dan Lungren, who was the
original lead sponsor of this bill going back several years.
Let me also thank the 9/11 families for the fact that they have
never, ever yielded. They have never stepped back. They have always
kept this issue on the front burner at a time when too many Americans
choose to look the other way.
I especially want to thank Terry Strada and the great work that she
has done. Her husband, Tom, her father-in-law, Ernie, and her mother-
in-law, Mary Ann, are very good friends. I want to again thank her for
the job that she did. And her husband, certainly she is carrying on his
name; and Terry, I thank you for that.
This is essential. It is essential that justice be done. It is
essential that 9/11 families have the right to bring action in American
courts. As Judge Poe said, this is the most basic constitutional right.
This is an obligation. It is an obligation we, in the Congress, have to
not allow foreign lobbyists or foreign countries or anyone else to
intimidate us.
Justice must be done, and we want to make sure that there are no more
9/11s. This is one more step we can take to show foreign governments
they cannot step aside, they cannot walk away when something is carried
out, where they are sort of looking the other way to make believe it is
not happening.
I am not prejudging the case, but the fact is the 9/11 families have
the right to have this resolved in court, and I am proud to stand with
them.
I want to commend my colleague, Dan Donovan. From the day he arrived
here in Congress, this has been a major issue for him. The Zadroga Act
and JASTA is what propels him and certainly has motivated me.
So, again, I want to thank all the
9/11 families for all the work they have done. It is a bipartisan
effort. It is an American effort, and we can be very proud as we go
into the 15th anniversary of the most horrible day in America that we
have not given up the fight. We will continue to fight and we will win.
Mr. CONYERS. Mr. Speaker, it is my pleasure to yield 3 minutes to the
gentlewoman from New York (Mrs. Carolyn B. Maloney).
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I thank the
gentleman for yielding and for all of his hard work on this bill and
others.
I thank Chairman Goodlatte for his hard work in helping to bring it
to the floor. I thank my colleagues from New York, Congressmen King and
Nadler, for their hard work.
This is an important, important bill, and I rise today, 2 days before
the 15th anniversary of 9/11, to express my strong support for the
passage of the Justice Against Sponsors of Terrorism Act.
The attacks of 9/11 were acts of appalling cruelty. They targeted,
knowingly and specifically, innocent Americans who just got up and went
to work like every other American and were killed on 9/11.
Though the hijackers of those planes died that day, it is virtually
indisputable that people who conspired with them in the planning,
preparation, execution, and financing of those horrific acts walk the
streets freely in foreign capitals today.
In fact, they are protected by a peculiar interpretation of
international law that shields them from justice in U.S. courts for
terrorist acts on U.S. soil.
This bill, a version of which passed the Senate unanimously, would
correct misinterpretations of previous legislation and lower court
decisions, and empower survivors and families of the victims of
international terrorism to seek a measure of justice through our civil
court system.
This bill is needed because both the Congress and the executive have
affirmed that civil litigation against terror sponsors, including
governments, can have an important deterrent effect.
This bill is also mindful of the concerns some have about its
possible effect on sovereign immunity. For that reason, it is narrowly
focused and applies only to attacks committed on U.S. soil that harm
U.S. nationals.
The attacks of 9/11 were roundly condemned by people and governments
around the world, so this bill is needed not just for the families of
those who died in New York and at the Pentagon and in Pennsylvania, but
it is needed by people around the world.
We know we lost, roughly, 3,000 people on 9/11, but thousands and
thousands more have died since the attacks because of the diseases that
they now have because of being exposed to the toxins down at Ground
Zero. Now they are predicting that, roughly, 15 people a day are
concerned because cancer is now in their bodies from the exposure. So
our people are still suffering.
Fifteen years is a long time to wait. This bill is needed. Justice,
we need justice. I think it is a strong deterrent. I am proud of the
United States Congress and the legislative body of this country for
standing up and passing this bill.
[[Page H5243]]
I strongly urge my colleagues to not forget and to support
overwhelmingly this bill.
Mr. GOODLATTE. Mr. Speaker, at this time, it is my pleasure to yield
2 minutes to the gentleman from New Jersey (Mr. Lance).
Mr. LANCE. Mr. Speaker, I rise today in strong support of the Justice
Against Foreign Terrorists Act sponsored by Mr. King of New York. As we
approach the 15th anniversary of the horrific terrorist attacks of
September 11, 2001, it is appropriate that we, in Congress, are finally
authorizing that victims from that terrible day have the right to
pursue full justice in our courts of law.
I am a lawyer and I have worked with constitutional and statutory
issues. This legislation does not convict any one person or any one
nation, but it gives the loved ones of those who died recourse for full
justice and compensation.
New Jersey lost more than 700 residents in the attacks, 81 of them
from communities I represent here in Congress. I know some of those
names, and I know all of those communities. They deserve their day in
court, and they deserve the assistance of the Federal Government in
being as transparent as possible with the evidence and the
intelligence. The truth is the truth, and it is time that we all know
this.
This measure passed the United States Senate with unanimous support,
yet there are some who believe that the White House may threaten to
veto the legislation, citing how it may compromise our relationship
with certain other nations. This is backward logic.
Those nations should recognize the fundamental justice and legal
remedies against a terrorist network that killed more than 3,000
Americans.
Mr. Speaker, I urge a ``yes'' vote. I am sure this will pass
overwhelmingly, perhaps unanimously, in a bipartisan fashion.
{time} 1130
Mr. CONYERS. Mr. Speaker, I yield 3 minutes to the gentleman from
Texas (Mr. Doggett).
Mr. DOGGETT. Mr. Speaker, look around the world. In Europe, in Asia,
in the Middle East, and in Africa, wherever you see evidence of radical
Islam, that extremism can usually be traced to preachers of hate from
Saudi Arabia.
The Kingdom has blood on its hands. Is it the blood of the victims of
9/11? Possibly. Fifteen of the nineteen hijackers were Saudis. Some
Saudis were permitted to flee this country without thorough interviews.
``Saudi Arabia has long been considered the primary source of funding
for al Qaeda.'' [The
9/11 Commission Report, p. 171]
Intelligence Committee Chair Senator Bob Graham saw ``a direct line
between at least some of the terrorists who carried out the September
11 attacks and the Government of Saudi Arabia.'' [Saudi Arabia May Be
Tied to 9/11, 2 Ex-Senators Say; New York Times; Feb. 29. 2012] But
evaluating all of this evidence, the evidence of both sides, is why we
have a judicial system in the first place. And for our government to
obstruct the 9/11 victims--their families--from seeking the truth about
Saudi Arabia and its involvement is just flat wrong.
Some in our government have tried to hide as much as they could for
as long as they could about the Saudis. Ignoring Saudi treachery, we
had a President who literally held hands with the Crown Prince while
attacking another country in the biggest foreign policy disaster in our
Nation's history that continues to plague us.
The Muslims that I know, who are my neighbors in Texas, and those
with whom I meet here in Washington, do not deserve blanket blame for
themselves or for Islam, but neither should there be blanket immunity
for those who may have committed wrong.
I salute the bipartisan sponsors of this legislation. Give these 9/11
families their day in court and accord the Saudis all of the rights in
a judicial proceeding that they so regularly deny their own citizens.
Mr. GOODLATTE. Mr. Speaker, I yield 2 minutes to the gentleman from
New York (Mr. Donovan).
Mr. DONOVAN. Mr. Speaker, to begin, I would like to acknowledge and
thank Speaker Ryan, Chairman Goodlatte, and Chairman Upton. I have been
a Member of this distinguished institution for only 16 months, and, in
that time, they have done right by the heroes I represent in Congress.
I thank them, and the thousands of heroes and their families from my
district thank them as well.
My good friend, the gentleman from New York (Mr. King), has been a
fierce advocate for all 9/11 heroes and their families for the last 15
years, and it is an honor to stand by his side.
I would like to read into the Record part of a letter written to me
last week by Lori Mascali, the widow of firefighter, and my good
friend, Joseph Mascali from New York City Fire Department's Rescue 5:
``It's Sunday morning, and the smell of coffee fills the air as I
wait to hear the sound of the key in the front door. I know that sound
of that key will be followed by the words, `I'm home,' and my heart is
excited. No longer do I hear the sound of the key in the door on a
Sunday morning. No longer do I hear the simple words, `I'm home.'
Sovereign immunity should not be allowed as a shield of protection for
persons or nations that fund terrorists and cause mass murder. JASTA
must be passed to send a strong message to all nations: if you fund
terrorism, there will be accountability.''
Mr. Speaker, this bill is about giving victims of terror attacks on
United States soil their day in court and the chance to hold everybody
accountable--including foreign governments that may have been involved.
9/11 devastated families in my district--and for me, their priorities
are my priorities. I support this bill, and ask my colleagues to join
me in voting for passage.
As my good friend from New Jersey (Mr. Lance) said, the President has
threatened to veto this bill, but, for those Americans who have earned
the right for justice, I hope he has the conviction and courage to sign
JASTA into law.
Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the gentleman from New
York (Mr. Israel).
Mr. ISRAEL. Mr. Speaker, I thank my friend, the distinguished ranking
member.
Mr. Speaker, I rise in support of the Justice Against Sponsors of
Terrorism Act. Mr. Speaker, 15 years ago, my Congressional District
lost 200 men and women--families named Downey, families named Murphy,
families named Uggiano, and so many other families. In the years since,
those who responded to that act of terror have been getting sicker and
sicker and sicker.
They all deserve justice, Mr. Speaker. You get justice on the
battlefield. You can get justice in the courtroom. This bill ensures
that they have the right to justice in the courtroom. For that simple
and very profound reason, I support this bill. I was pleased to
cosponsor the bill with my friend from New York (Mr. King).
Mr. Speaker, I urge the President not to veto this bill. I thank my
friend from Michigan.
Mr. GOODLATTE. Mr. Speaker, I yield 3 minutes to the gentleman from
New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Speaker, I want to thank Chairman
Goodlatte for his extraordinary work on this legislation, Mr. Conyers,
and, of course, Peter King who has been absolutely tenacious picking up
the good work that Dan Lungren, a former member of Congress and
Attorney General of California, had done on this legislation
previously.
This is a bipartisan piece of legislation, and it has to be signed by
the President. I certainly hope--echoing comments of the previous
speaker--that the President will, indeed, sign it into law.
This bill holds the promise of some measure of justice for the
victims of al Qaeda's horrific terrorist attack on the United States 15
years ago this Sunday.
Time has not diminished the suffering of those who have lost loved
ones on that day, nor has it brought accountability and, certainly, has
not brought closure.
This bill aims to change that to some degree by overturning the legal
challenges that have stood between the victims and the justice they
rightly seek from foreign governments and individuals suspected of
financing the 9/11 attacks.
I have worked extensively with the
9/11 survivors and the family members. I have worked with the Jersey
Girls, as they became known, who pushed so
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hard for the 9/11 Commission that was chaired by my former Governor Tom
Kean, who did yeoman's work to get to the bottom of what happened and
what we might do to mitigate such a crisis going forward.
Unfortunately, there still are gaps, and this is one of those gaping
holes that need to be closed.
Here today are some of those family members, many of them widows:
Kathy Wisniewski, who works on my staff who lost her son, Alan; Mindy
Kleinberg; Lorie Van Auken; Monica Gabrielle; and Carol Ashley are here
in the Chamber and have pushed so hard for this legislation.
Not here but here in spirit: Kristen Breitweiser, Patty Casazza, and
Sheila Martello.
Mary and Frank Fetchet also are with us. They lost their son Brad.
These are people who have said ``never again'' needs to mean never
again so no other Americans would suffer what they have endured at the
loss of their loved ones. This is why this legislation is another major
step forward.
Look at the Foreign Sovereign Immunities Act and the impediments that
it has placed. As some of my colleagues have said earlier, we just want
in court to be able to get at the truth: who was part of the
facilitating and the financing of the 9/11 murderers--the terrorists--
that killed some 3,000 people, 50 of whom--more than 50 who lived in my
own congressional district.
This bill also would amend the Anti-Terrorism Act of 1987. The bill
will open foreign officials to accountability to so-called secondary
liability, such as aiding and abetting or conspiring with terrorist
perpetrators. These are very commonsense and modest changes to the law
that will hopefully get us closer to justice for those who have
suffered so much. It is a great bill.
Again, I thank Chairman Goodlatte. Pete King has been absolutely
tenacious, and our leadership has heeded those calls and is supportive.
I want to thank them for ensuring it came up today prior to the 15th
anniversary of that infamous event.
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I appreciate the bipartisanship of this bill and the
emotional but clear discussion that has gone on in support of it.
Because of the importance of enacting legislation of this importance
and the recognition of the concerns raised, I know that we can continue
to work with the administration to resolve these issues so that this
measure can be signed into law by the President of the United States.
I thank everyone who has participated.
Mr. Speaker, I yield back the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I want to say, first of all, thank you very much to the
ranking member of the committee, the gentleman from Michigan (Mr.
Conyers) for working with us on this legislation. I want to
congratulate the chief sponsors of the legislation, particularly
Congressman King of New York who has, as many have said here, been
tenacious at pursuing justice.
I urge all of my colleagues to support this legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. LYNCH. Mr. Speaker, I wish to join with my colleagues in support
of today's vote on S. 2040, the Justice Against Sponsors of Terrorism
Act (JASTA).
Next week, our nation will mark the 15th anniversary of the September
11th attacks. The United States suffered an immeasurable tragedy that
day, but for the victims and their families, their loss was even more
profound. Their lives were irrevocably changed that day, and their road
to healing has been made all the more difficult by the questions that
remain unanswered and by the justice that has yet to be served.
S. 2040, along with its House companion bill H.R. 3815, of which I am
a proud cosponsor, would go a long way in providing answers to the
victims and their families. In pursuing civil claims against
terrorists, as well as those who aided and abetted them, we will be
able to ensure greater transparency. The process of trying civil suits
in a court of law would bring to light new evidence about how those
events came about including identifying the money flows to the
hijackers, as well as any connections the perpetrators had to foreign
government officials. Ultimately, it will help to provide a more
complete story of the September 11th attacks, not only of what happened
that day, but also of what happened in the days leading up to them.
I have worked over the last number of years with my colleagues
Congressman Walter Jones and Congressman Thomas Massie in calling for
the declassification of the 28 pages of the Joint Congressional Inquiry
into Intelligence Activities before and after the Terrorist Attacks of
September 2001. In doing so, I have also had the honor and privilege of
getting to know some of the families who lost loved ones during the
attacks. These families need and deserve answers and justice. Their
representatives in Congress should be working tirelessly to give them
that.
The release of the 28 pages earlier this summer was an important
first step in getting answers for the families. Passing JASTA today,
and getting it enacted, would be an equally important next step towards
getting justice for the victims, survivors and their families.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Goodlatte) that the House suspend the
rules and pass the bill, S. 2040.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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