[Congressional Record Volume 162, Number 147 (Wednesday, September 28, 2016)]
[Senate]
[Page S6204]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               JUSTICE AGAINST SPONSORS OF TERRORISM BILL

  Mr. REID. Mr. President, today I reluctantly voted to sustain 
President Obama's veto of the Justice Against Sponsors of Terrorism 
Act, JASTA. It is essential that we honor families of the 9/11 victims. 
I am supportive of their efforts to pursue justice and hold accountable 
foreign powers that support terrorism in the United States. However, I 
am concerned that JASTA erodes longstanding international immunity 
protections that are essential to the security of the United States.
  As President Obama explained in a letter to me, ``Enacting JASTA into 
law . . . would neither protect America from terrorist attacks nor 
improve the effectiveness of our response to such attacks. . . . JASTA 
sweeps much more broadly than 9/11 or Saudi Arabia, and its far-
reaching implications would threaten to undermine important principles 
that protect the United States, including our U.S. Armed Forces and 
other officials overseas, without making us any safer.''
  In its current form, JASTA undermines the principle of sovereign 
immunity in U.S. courts, which could have significant reciprocal 
ramifications. If JASTA becomes law, other countries will likely follow 
suit and enact laws that threaten U.S. interests and jeopardize the 
United States' ability to operate internationally. As Secretary of 
Defense Ash Carter noted, ``[JASTA] is likely to increase our country's 
vulnerability to lawsuits overseas and to encourage foreign governments 
or their courts to exercise jurisdiction over the United States or U.S. 
officials in situations in which we believe the United States is 
entitled of sovereign immunity. U.S. Servicemembers stationed here and 
overseas, and especially those supporting our counterterrorism efforts, 
would be vulnerable to private individuals' accusations that their 
activities contributed to acts alleged to violate a foreign state's 
law.''
  As the Senate Democratic leader, I feel an obligation to support my 
President. Although I am voting to sustain the President's veto, I 
would be supportive of follow-on efforts to modify the JASTA bill in a 
way that would allow victims to secure justice while protecting core 
U.S. interests.

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