[Congressional Record Volume 143, Number 44 (Tuesday, April 15, 1997)]
[House]
[Page H1472]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




[[Page H1472]]



  TECHNICAL CORRECTION RELATING TO JURISDICTION FOR LAWSUITS AGAINST 
                            TERRORIST STATES

  Mr. HYDE. Mr. Speaker I move to suspend the rules and pass the bill 
(H.R. 1225) to make a technical correction to title 28, United States 
Code, relating to jurisdiction for lawsuits against terrorist states.
  The Clerk read as follows:

                               H.R. 1225

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That, 
     effective with respect to any cause of action arising, 
     before, on, or after the date of the enactment of this Act, 
     section 1605(a)(7)(B)(ii) of title 28, United States Code, is 
     amended by striking ``the claimant or victim was not'' and 
     inserting ``neither the claimant nor the victim was''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois [Mr. Hyde] and the gentlewoman from Texas [Ms. Jackson-Lee] 
each will control 20 minutes.
  The Chair recognizes the gentleman from Illinois [Mr. Hyde].


                             General Leave

  Mr. HYDE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. HYDE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 1225 corrects a drafting error in the foreign 
sovereign immunity provisions of last year's antiterrorism bill. We 
enacted these provisions to allow victims of state-sponsored terrorism, 
like the Pan American 103 tragedy, to sue the countries who sponsored 
the terrorist act in American courts.
  Our intent was that families should have the benefit of these 
provisions so long as either the victim or the survivor was an American 
citizen. Unfortunately, and due to an inadvertent error, the current 
language can be read to allow the benefit only to those families in 
which both the victim and the survivor are American citizens.
  H.R. 1225 corrects this error and restores the law to our original 
intent, that the affected person should get all of the benefits of 
section 221 of last year's antiterrorism bill, including the statute of 
limitations.
  I understand this problem affects several of the Pan American 103 
families, including Mr. Bruce Smith, who has been one of the leaders of 
those families. Mr. Smith, who is an American citizen, lost his wife, 
who was a British citizen, in the Pan American 103 tragedy. He now 
stands to lose his claim against Libya if this correction bill is not 
passed. The case is currently before the Supreme Court on a petition 
for certiorari. The Court may act on the petition as soon as this 
month. If that case is concluded before we act, those affected families 
may lose their claims.
  For that reason, I believe it is important that we act expeditiously 
on this technical correction. The staff has consulted with both the 
Justice Department and the State Department, and I understand they do 
not have any objection to the correction.
  Mr. Speaker, I am pleased that the distinguished ranking member, the 
gentleman from Michigan [Mr. Conyers], the chairman of the 
subcommittee, the gentleman from Florida [Mr. McCollum], and the 
ranking member of the subcommittee, the gentleman from New York [Mr. 
Schumer], joined me in cosponsoring this legislation.
  In addition, the other members of the committee from Mr. Smith's home 
State, the gentlemen from Florida, Mr. Canady and Mr. Wexler, Mr. 
Smith's own Congressman, Mr. Mica, and the gentleman from New York, Mr. 
McNulty, who also has an affected constituent, have joined me in 
cosponsoring this legislation.
  I want to thank Senator Hatch, Senator Leahy, Senator Mack, and 
Senator Kennedy, who are working to get H.R. 1225 passed quickly by the 
Senate.
  Mr. Speaker, I reserve the balance of my time.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I am pleased to join the chairman, the gentleman from 
Illinois [Mr. Hyde], in supporting this legislation, H.R. 1225. In the 
antiterrorism bill passed into law last Congress, we amended the 
Foreign Sovereign Immunities Act to allow American citizens to sue for 
money damages in American courts for acts of terrorism that occur 
abroad.
  Unfortunately, an error was made when that legislation was drafted. 
The legislation we consider here does nothing more than correct that 
error. As written, the law allows suit only if the claimant and the 
survivor are both American citizens. But if the victim of the terrorist 
act was not an American citizen, that victim's American spouse cannot 
sue.
  This bill fixes the provision to allow suit if either the victim or 
the claimant is an American citizen. Because this correction will allow 
several families to continue their lawsuits against Libya over the 
bombing of Pan Am flight 103, as well as apply to any future cases in 
which American families are victimized by state-sponsored terrorism, it 
is our responsibility, Mr. Speaker, to protect Americans, and to 
protect Americans against terrorism. I think this correction goes one 
step further to ensuring that Americans and America and this Government 
stands up against terrorism. I urge my colleagues to support this 
legislation.
  Mr. Speaker, I am pleased to join Chairman Hyde in supporting this 
legislation, H.R. 1225. In the antiterrorism bill passed into law last 
Congress, we amended the Foreign Sovereign Immunities Act to allow 
American citizens to sue for money damages in American courts for acts 
of terrorism that occur abroad.
  Unfortunately, an error was made when that legislation was drafted. 
The legislation we consider here today does nothing more than correct 
that error.
  As written, the law allows suit only if the claimant and the survivor 
are both American citizens. But if the victim of the terrorist act was 
not an American citizen, that victim's American spouse cannot sue. This 
bill fixes the provision to allow suit if either the victim or the 
claimant is an American citizen.
  Because this correction will allow several families to continue with 
their lawsuits against Libya over the bombing of Pan Am flight 103 as 
well as apply to any future cases in which American families are 
victimized by state-sponsored terrorism, I urge my colleagues to 
support this legislation.
  Mr. HYDE. Mr. Speaker, I thank the gentlewoman from Texas. I have no 
further requests for time, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois [Mr. Hyde] that the House suspend the rules and 
pass the bill, H.R. 1225.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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