Page:Delaware v. Pennsylvania (2023).pdf/25

Rh Nor does the legislative history support Delaware’s contention that the Disputed Instruments constitute “third party bank checks.” “Those of us who make use of legislative history believe that clear evidence of congressional intent may illuminate ambiguous text.” Milner v. Department of Navy, 562 U. S. 562, 572 (2011). In the instant situation, while the meaning of the phrase “third party bank check” is subject to myriad alternative definitions and is generally unknown, the phrase was inserted into §2503 under well-documented circumstances. And those circumstances further support the conclusion that, whatever “third party bank check” is meant to mean, the Disputed Instruments are not exempted from the FDA under that provision, as Delaware maintains.

Specifically, during the time in which Congress was mulling a draft of the FDA’s provisions, it solicited the views of the Treasury Department, and the agency’s general counsel responded. He wrote a letter stating that, although he did not object to the adoption of the bill’s escheatment rules, he “believe[d] the language of the bill [was] broader than intended by the drafters.” S. Rep. No. 93–505, at 5 (Letter from Edward C. Schmults). According to the letter, agency counsel was concerned, in particular, that the phrase “ ‘money order, traveler’s check, or similar written instrument on which a bank or financial organization or business association is directly liable’ ” could be interpreted to cover “ ‘third party payment bank checks.’ ” Ibid. Thus, he recommended excluding “third party payment bank checks” from the FDA, ibid., and Congress subsequently adopted this recommendation, dropping the suggested word “payment” in the process, id., at 6; see also §2503.

Reliable sources indicate that the “third party bank check” language was not supposed to be a significant addition. The Senate Report described it as a mere “technical” alteration. Id., at 6; see also 120 Cong. Rec. 4528 (1974)