[Congressional Record (Bound Edition), Volume 160 (2014), Part 13]
[Senate]
[Pages 17704-17707]
[From the U.S. 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

[[Page 17705]]

     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 
     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.

       (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,

[[Page 17706]]

     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 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.

       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 
     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.

  The committee-reported amendment 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.
  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

[[Page 17707]]

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.
  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.

                          ____________________