Justice Against Sponsors of Terrorism Act

Floor Speech

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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 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.

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