[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3026 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 3026

   To amend title 28, United States Code, relating to jurisdictional 
 immunities of the Socialist People's Libyan Arab Jamahiriya, to grant 
jurisdiction to the courts of the United States for claims arising out 
      of the destruction of Pan American World Airways Flight 103.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 12, 1997

  Mr. Fox of Pennsylvania (for himself, Mr. Holden, Mr. McNulty, Mr. 
Frost, Mr. Saxton, Mr. Ensign, Mr. Christensen, Mr. Frelinghuysen, Mr. 
 Forbes, Mr. Ramstad, Mr. Weldon of Florida, Mrs. Kelly, Mr. Gibbons, 
Mrs. Tauscher, Mr. Maloney of Connecticut, Mr. Berman, Mr. Schumer, Ms. 
Woolsey, and Mr. Weldon of Pennsylvania) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 28, United States Code, relating to jurisdictional 
 immunities of the Socialist People's Libyan Arab Jamahiriya, to grant 
jurisdiction to the courts of the United States for claims arising out 
      of the destruction of Pan American World Airways Flight 103.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    The Congress finds that--
            (1) international terrorism is among the most serious 
        transnational threats faced by the United States and its 
        nationals;
            (2) the Government of Libya has continually conducted and 
        supported acts of international terrorism, particularly against 
        nationals of the United States;
            (3) the Government of Libya has refused to comply with, and 
        continues to deliberately violate, the conditions set forth and 
        the demands imposed by United Nations Security Council 
        Resolutions 731 (January 1992), 748 (March 1992), and 883 
        (November 1993); and
            (4) the unique circumstances, including, but not limited 
        to, the international community's condemnation of the terrorist 
        bombing of Pan Am Flight 103 and Libya's deliberate 
        noncompliance with United Nations resolutions calling for 
        compensation to be paid and the surrender for trial of two of 
        its nationals to the United States or the United Kingdom, 
        compel the United States to take extraordinary measures against 
        Libya.

SEC. 2. EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY FOR CERTAIN CASES 
              ARISING OUT OF THE DESTRUCTION OF PAN AMERICAN WORLD 
              AIRWAYS FLIGHT 103.

    Section 1605(a) of title 28, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; or''; and
            (3) by adding at the end thereof the following:
            ``(8) not otherwise encompassed in paragraphs (1) through 
        (7), in which money damages are sought against the Socialist 
        People's Libyan Arab Jamahiriya for claims arising out of the 
        destruction of Pan American World Airways Flight 103 on 
        December 21, 1988, and caused by such state or by any official 
        or employee of such state while acting within the scope of his 
        or her office or employment, except that the court shall 
        decline to hear a claim under this paragraph--
                    ``(A) if the claimant was not a national of the 
                United States (as that term is defined in section 
                101(a)(22) of the Immigration and Nationality Act) when 
                the act upon which the claim is based occurred; and
                    ``(B) if the action is not brought within 6 months 
                after the date of the enactment of this paragraph.
For purposes of paragraph (8), the term `claims arising out of the 
destruction of Pan American World Airways Flight 103' includes all 
claims which would be a violation of the laws of the United States if 
the acts underlying such claims were committed in the United States. A 
cause of action described in paragraph (8) for damages shall survive 
the death of the claimant and pass to the estate of the claimant. If an 
action described in paragraph (8) which was brought before the date of 
the enactment of this paragraph was dismissed on account of the 
inapplicability of this section, such action shall be reinstated upon 
motion by the claimant not later than 60 days after such date of 
enactment.''.

SEC. 3. EXCEPTION TO IMMUNITY FROM ATTACHMENT.

    (a) Foreign State.--Section 1610 of title 28, United States Code, 
is amended by striking ``1605(a)(7)'' and inserting ``1605(a)(7) or 
(8)''.
    (b) Agency or Instrumentality.--Section 1610(b)(2) of such title is 
amended by striking ``or (7)'' and inserting ``(7), or (8)''.

SEC. 4. APPLICABILITY.

    The amendments made by this Act shall apply to any cause of action 
arising before, on, or after the date of the enactment of this Act.
                                 <all>