[Congressional Record Volume 170, Number 8 (Tuesday, January 16, 2024)]
[House]
[Pages H145-H146]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 REMOTE ACCESS TO COURT PROCEEDINGS FOR VICTIMS OF THE 1988 BOMBING OF 
               PAN AM FLIGHT 103 OVER LOCKERBIE, SCOTLAND

  Mr. VAN DREW. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 3250) to provide remote access to court proceedings for 
victims of the 1988 Bombing of Pan Am Flight 103 over Lockerbie, 
Scotland.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 3250

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

     SECTION 1. REMOTE ACCESS TO COURT PROCEEDINGS FOR VICTIMS OF 
                   THE 1988 BOMBING OF PAN AM FLIGHT 103 OVER 
                   LOCKERBIE, SCOTLAND.

       (a) Definition of Victim of Crimes Associated With the 
     Bombing of Pan Am Flight 103.--In this section:
       (1) In general.--Subject to paragraph (2), the term 
     ``victim of crimes associated with the bombing of Pan Am 
     Flight 103'' means any individual--
       (A) who suffered direct or proximate harm as a result of 
     the bombing of Pan Am Flight 103 that occurred over 
     Lockerbie, Scotland, on December 21, 1988, and was present at 
     or near the scene of the bombing when it occurred, or 
     immediately thereafter; or
       (B) who is the spouse, legal guardian, parent, child, 
     brother, sister, next of kin, or other relative of, or who is 
     determined by the applicable district court of the United 
     States to be an individual who possesses a relationship of 
     similar significance to, an individual described in 
     subparagraph (A) or an individual otherwise described in this 
     subsection.
       (2) Limitation.--The term ``victim of crimes associated 
     with the bombing of Pan Am Flight 103'' does not include an 
     individual who participated or conspired in the crimes 
     associated with the bombing of Pan Am Flight 103.
       (b) Authorization.--
       (1) In general.--On and after the date of enactment of this 
     Act, and notwithstanding any provision of the Federal Rules 
     of Criminal Procedure or other law or rule to the contrary, 
     in order to permit victims of crimes associated with the 
     bombing of Pan Am Flight 103 to access court proceedings in 
     the criminal case against Abu Agila Mohammed Mas'ud Kheir Al-
     Marimi and against any co-conspirator subsequently charged 
     and prosecuted in a court of the United States for crimes 
     related to the 1988 bombing of Pan Am Flight 103, the 
     district court of the United States in such a case shall 
     order that reasonable efforts be made to make remote video 
     and telephonic access to proceedings in the case available to 
     victims of crimes associated with the bombing of Pan Am 
     Flight 103.
       (2) No limit on location.--Remote video and telephonic 
     access to proceedings shall be made available under paragraph 
     (1) to a victim of crimes associated with the bombing of Pan 
     Am Flight 103 without regard to the location of the victim of 
     crimes associated with the bombing of Pan Am Flight 103.
       (c) District Court Discretion.--Nothing in this section 
     shall be construed to eliminate or limit the discretion of a 
     district court of the United States to control the manner, 
     circumstances, or availability of remote video or telephonic 
     transmissions where necessary to control the courtroom or 
     protect the integrity of court proceedings or the safety of 
     parties, witnesses, or other participants in the proceedings.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Van Drew) and the gentleman from Georgia (Mr. Johnson) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. VAN DREW. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
to insert extraneous materials on S. 3250.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. VAN DREW. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, on December 21, 1988, a bomb planted by Libyan 
terrorists detonated on Pan Am Flight 103 while it was flying over 
Lockerbie, Scotland; 270 people, including 190 Americans, 34 of which 
were from my home State, the State of New Jersey, lost their lives in 
this tragic attack.
  Over 30 years later, the Department of Justice announced the arrest 
and indictment of the alleged bomb maker. His trial is scheduled to 
take place in Washington, D.C., with pretrial hearings that are already 
underway.
  However, given the time that has passed and the attack's 
international impact, surviving families are generally older, and some 
of them are physically unable to attend these hearings. Others live 
scattered across the United States of America and the world, making it 
difficult to travel and to attend.
  In light of this fact, the government filed an unopposed motion with 
the court to provide remote access to the proceedings for the victims 
of this bombing. Unfortunately, the court denied the motion, finding 
that no statute or case law authorized such an accommodation.
  This bill, fortunately and importantly, provides that authorization. 
S. 3250 provides the court with a limited, one-time only authorization 
to accommodate the victims of the Pan Am 103 bombing by making remote 
video and telephonic access available to these victims and their 
families.
  Additionally, there is precedent for this type of measure. Congress 
passed similar laws authorizing access to trials for victims of 
September 11 and again during the COVID-19 pandemic.
  This bill is supported by Victims of Pan Am Flight 103, which is an 
organization comprised of family members whose loved ones were killed 
on the flight. Their unyielding resolve in holding those responsible 
for the murder of their loved ones is the embodiment of American 
tenacity and American spirit.

[[Page H146]]

  I am proud to have spearheaded the House version of this important 
legislation, which will ensure that the victims of these attacks can 
witness as the architect of this atrocity faces the full weight of the 
American justice system.
  Let this case serve as an unwavering warning to our enemies around 
the world: If you harm Americans, if you dare to strike at the heart of 
America, know this--there will be no refuge and no corner of the Earth 
where you can hide. You will find no peace.
  I urge all Members to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. JOHNSON of Georgia. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise in strong support of S. 3250, a bill to ensure 
that the victims and families of the victims of the 1988 bombing of Pan 
Am 103 over Lockerbie, Scotland, have remote access to the court 
proceedings that will finally bring one of the perpetrators of this 
terrorist attack to justice.
  Mr. Speaker, on December 21, 1988, Pan Am Flight 103 took off from 
London Heathrow Airport en route across the Atlantic to New York's 
Kennedy Airport.
  Thirty-eight minutes after it took off, while flying high above 
Lockerbie, Scotland, a bomb set off by a Libyan terrorist exploded, 
destroying the plane instantaneously and taking the lives of all of its 
passengers, as well as the lives of 11 residents of Lockerbie, who were 
killed by falling debris--270 people from 21 different countries, 
including 190 Americans, were killed in this deadly attack.
  For more than three decades, law enforcement officials in the United 
States and around the world have worked relentlessly to see that 
everyone responsible for the bombing is held accountable.
  Thanks to their hard work, one of the terrorists behind the attack 
will soon face trial for his actions in Federal district court. Because 
the victims and their families are scattered in more than a dozen 
countries throughout the world, and many have reached an advanced age 
that makes travel very difficult, it is nearly impossible to ensure 
these victims and family members have meaningful access to the court 
proceedings without some sort of remote audio or visual option.

  Unfortunately, the district court where the trial would take place 
has determined that it does not have the authority to permit such 
remote access--in other words, cameras in the courtroom, or at least 
live streaming.
  This legislation, therefore, would provide statutory authority and 
instruction to the district court in this case to order and ensure that 
remote video and telephonic access to the trial proceedings be made 
available to the victims.
  Now, that is not too much to ask for the victims of the Lockerbie 
tragedy. It is also not too much to ask on behalf of the American 
people who need and want to view the proceedings in U.S. v. Trump who 
can't get to Washington, D.C., to see it, but they would love to view 
it and hear it in live time, in real time.
  Although the Lockerbie bombing occurred many years ago, the wounds 
are still fresh for the grieving families left behind. This legislation 
would help provide some level of comfort so that they can observe one 
of those responsible for this deadly attack being brought to justice.
  I thank Senators Cornyn and Gillibrand for their efforts in bringing 
this important bipartisan legislation forward. I also thank my good 
friend, Representative Van Drew, Ranking Member Nadler, and 
Representative Chris Smith for leading this legislation in the House.
  I urge all Members to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. VAN DREW. Mr. Speaker, I have no further speakers. I am prepared 
to close, and I reserve the balance of my time.

                              {time}  1745

  Mr. JOHNSON of Georgia. Mr. Speaker, the author of this legislation 
and I don't agree on much. We fight like cats and dogs, with me being 
the dog, but on this, we agree.
  Mr. Speaker, I strongly urge my colleagues to support this bipartisan 
legislation, and I yield back the balance of my time.
  Mr. VAN DREW. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, the bombing of Pan Am Flight 103 remains one of the 
deadliest terrorist attacks on American civilians in America's history. 
Now, 35 years later, we are on the verge of finally--finally--holding 
those responsible individuals accountable.
  Let that be a symbol of America's unending pursuit of justice against 
those who would choose to do our country and our citizens harm.
  I thank the families of the victims of this attack for their 
involvement with this bill and their tireless work in achieving justice 
for their loved ones.
  I thank the bipartisan coalition both in the Senate and here in the 
House that helped this bill move rapidly to the President's desk.
  I thank my good friend from Georgia for his support, and I thank 
Ranking Member Nadler. He is an important guy, and I certainly should 
thank him, as well. We appreciate his support and appreciate Ranking 
Member Nadler as well as, of course, the chairman of the Judiciary 
Committee,   Jim Jordan.
  Mr. Speaker, once again, I urge all of my colleagues to vote ``yes'' 
on this important bill, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Van Drew) that the House suspend the 
rules and pass the bill, S. 3250.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. VAN DREW. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________