[Congressional Record (Bound Edition), Volume 162 (2016), Part 5]
[Senate]
[Pages 6092-6096]
[From the U.S. 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.

[[Page 6093]]

  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 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.

[[Page 6094]]

  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 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.

[[Page 6095]]

  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:

     ``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.

[[Page 6096]]



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