[Congressional Record Volume 143, Number 44 (Tuesday, April 15, 1997)]
[Senate]
[Page S3197]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES

  Mr. HATCH. Mr. President, I have introduced legislation to make a 
technical correction to the provision of the Antiterrorism and 
Effective Death Penalty Act of 1996, which provided a limited exception 
to the Foreign Sovereign Immunity Act, allowing U.S. courts to hear 
claims by American victims of foreign terrorism against the lawless 
governments that sponsored the terrorist act. I am pleased to be joined 
by Senator Mack, Senator Kennedy, Senator D'Amato, and Senator Moynihan 
in introducing this bill.
  Nearly a year ago, when we passed the landmark Antiterrorism and 
Effective Death Penalty Act, Congress took the important step of 
ensuring that Americans who are harmed by foreign governments 
committing or directing terrorists acts can sue those governments in 
American courts. Congress did this by amending the Foreign Sovereign 
Immunity Act, which generally bars claims against foreign governments, 
to provide that the FSIA does not preempt claims for personal injury or 
death by the victims and survivors of terrorist acts committed by 
certified terrorist states. Thus, lawless nations no longer are able to 
hide their terrorist acts behind the rules of international law that 
they otherwise flaunt.
  It has come to our attention, however, that a particular phrase in 
this law puts at risk, for a small class of intended claimants, the 
right to be heard in court.
  As enacted, the law provides that a claim must be dismissed if ``the 
claimant or the victim was not a national of the United States'' when 
the terrorist act occurred. There is substantial concern that this 
phrase may be interpreted by the courts to require that both the victim 
and the claimant be U.S. nationals. As a result, several American 
claimants against Libya for the bombing of Pan Am Flight 103 could be 
barred from bringing an action because their spouses, who were killed 
in the attack, were British subjects.
  Notably, the amendment to the Foreign Sovereign Immunity Act was not 
intended by Congress to preclude its application in such circumstances. 
Rather, all that was intended was that either the victim or the 
claimant be U.S. a national in order for foreign sovereign immunity not 
to apply, permitting a claim to go forward.
  The legislation we are introducing today corrects this ambiguity, by 
amending the law to apply foreign sovereign immunity, and thus bar the 
claim if ``neither the claimant nor the victim was a national of the 
United States.'' It is only right that we should do this.
  Companion legislation, H.R. 1225, has been introduced in the other 
body by Representatives Hyde and Conyers, the distinguished chairman 
and ranking member of the House Judiciary Committee. It is my hope that 
my colleagues will join us in a bipartisan effort to pass this 
legislation quickly.
  Madam President, I ask unanimous consent that the text of the bill be 
printed in the Record following my remarks.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 568

       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''.

  Mr. D'AMATO. Mr. President, I rise in support of the bill offered by 
the chairman of the Judiciary Committee that will correct a drafting 
error in the Antiterrorism and Effective Death Penalty Act of 1996, 
thereby removing an impediment that would have restricted U.S. victims 
or their U.S. survivors to sue a country, designated by the Department 
of State, that sponsored the terrorist act which caused the death.
  The Antiterrorism Act contained provisions that limited the 
jurisdictional immunities of foreign states, particularly those 
countries that sponsored acts of terrorism. It was intended that a 
victim of terrorism who is an American national, or their American 
survivors, would not be barred from filing a claim against a country 
that sponsored the terrorist act. Unfortunately, as drafted, it was not 
clear that Congress intended this right of action to be available to 
victims who are American as well as survivors who are American, even if 
the victim who perished was not a U.S. citizen.
  Countries, designated by the Department of State, that sponsor 
terrorism should be subject to civil suits by the victim or their 
surviving families. This right of action should be available whether 
the victim was American or the survivor was American.
  This clarification should allow for the suit of an American citizen 
whose spouse perished in the destruction of Pan Am 103 over Lockerbie, 
Scotland, in December 1988.
  I thank my colleague for taking up this issue and urge immediate 
passage so that justice can be achieved for several of the families of 
Pan Am 103, and all future victims of state-sponsored terrorism.
  I yield the floor and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call.
  Mr. NICKLES. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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