I
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 destruc-
tion 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 Connecti-
cut, 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 jurisdic-
tional 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 Representa-
tives 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 ter-
rorism, 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 (No-
vember 1993); and
(4) the unique circumstances, including, but not
limited to, the international community’s condemna-
tion 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 nation-
als 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 para-
graph (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 De-
cember 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 Na-
tionality 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 inapplica-
bility 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, Unit-
ed 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.
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