[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3370 Considered and Passed Senate (CPS)]
110th CONGRESS
2d Session
S. 3370
To resolve pending claims against Libya by United States nationals, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2008
Mr. Biden (for himself, Mr. Lugar, Mr. Lautenberg, Mr. Warner, Mr.
Leahy, Mr. Levin, and Mr. Voinovich) introduced the following bill;
which was read twice, considered, read the third time, and passed
_______________________________________________________________________
A BILL
To resolve pending claims against Libya by United States nationals, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Libyan Claims Resolution Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``appropriate congressional committees'' means
the Committee on Foreign Relations and the Committee on the
Judiciary of the Senate and the Committee on Foreign Affairs
and the Committee on the Judiciary of the House of
Representatives;
(2) the term ``claims agreement'' means an international
agreement between the United States and Libya, binding under
international law, that provides for the settlement of
terrorism-related claims of nationals of the United States
against Libya through fair compensation;
(3) the term ``national of the United States'' has the
meaning given that term in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
(4) the term ``Secretary'' means the Secretary of State;
and
(5) the term ``state sponsor of terrorism'' means a country
the government of which the Secretary has determined, for
purposes of section 6(j) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms
Export Control Act (22 U.S.C. 2780), or any other provision of
law, is a government that has repeatedly provided support for
acts of international terrorism.
SEC. 3. SENSE OF CONGRESS.
Congress supports the President in his efforts to provide fair
compensation to all nationals of the United States who have terrorism-
related claims against Libya through a comprehensive settlement of
claims by such nationals against Libya pursuant to an international
agreement between the United States and Libya as a part of the process
of restoring normal relations between Libya and the United States.
SEC. 4. ENTITY TO ASSIST IN IMPLEMENTATION OF CLAIMS AGREEMENT.
(a) Designation of Entity.--
(1) Designation.--The Secretary, by publication in the
Federal Register, may, after consultation with the appropriate
congressional committees, designate 1 or more entities to
assist in providing compensation to nationals of the United
States, pursuant to a claims agreement.
(2) Authority of the secretary.--The designation of an
entity under paragraph (1) is within the sole discretion of the
Secretary, and may not be delegated. The designation shall not
be subject to judicial review.
(b) Immunity.--
(1) Property.--
(A) In general.--Notwithstanding any other
provision of law, if the Secretary designates any
entity under subsection (a)(1), any property described
in subparagraph (B) of this paragraph shall be immune
from attachment or any other judicial process. Such
immunity shall be in addition to any other applicable
immunity.
(B) Property described.--The property described in
this subparagraph is any property that--
(i) relates to the claims agreement; and
(ii) for the purpose of implementing the
claims agreement, is--
(I) held by an entity designated by
the Secretary under subsection (a)(1);
(II) transferred to the entity; or
(III) transferred from the entity.
(2) Other acts.--An entity designated by the Secretary
under subsection (a)(1), and any person acting through or on
behalf of such entity, shall not be liable in any Federal or
State court for any action taken to implement a claims
agreement.
(c) Nonapplicability of the Government Corporation Control Act.--An
entity designated by the Secretary under subsection (a)(1) shall not be
subject to chapter 91 of title 31, United States Code (commonly known
as the ``Government Corporation Control Act'').
SEC. 5. RECEIPT OF ADEQUATE FUNDS; IMMUNITIES OF LIBYA.
(a) Immunity.--
(1) In general.--Notwithstanding any other provision of
law, upon submission of a certification described in paragraph
(2)--
(A) Libya, an agency or instrumentality of Libya,
and the property of Libya or an agency or
instrumentality of Libya, shall not be subject to the
exceptions to immunity from jurisdiction, liens,
attachment, and execution contained in section 1605A,
1605(a)(7), or 1610 (insofar as section 1610 relates to
a judgment under such section 1605A or 1605(a)(7)) of
title 28, United States Code;
(B) section 1605A(c) of title 28, United States
Code, section 1083(c) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 342; 28 U.S.C. 1605A note), section 589
of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997 (28 U.S.C.
1605 note), and any other private right of action
relating to acts by a state sponsor of terrorism
arising under Federal, State, or foreign law shall not
apply with respect to claims against Libya, or any of
its agencies, instrumentalities, officials, employees,
or agents in any action in a Federal or State court;
and
(C) any attachment, decree, lien, execution,
garnishment, or other judicial process brought against
property of Libya, or property of any agency,
instrumentality, official, employee, or agent of Libya,
in connection with an action that would be precluded by
subparagraph (A) or (B) shall be void.
(2) Certification.--A certification described in this
paragraph is a certification--
(A) by the Secretary to the appropriate
congressional committees; and
(B) stating that the United States Government has
received funds pursuant to the claims agreement that
are sufficient to ensure--
(i) payment of the settlements referred to
in section 654(b) of division J of the
Consolidated Appropriations Act, 2008 (Public
Law 110-161; 121 Stat. 2342); and
(ii) fair compensation of claims of
nationals of the United States for wrongful
death or physical injury in cases pending on
the date of enactment of this Act against Libya
arising under section 1605A of title 28, United
States Code (including any action brought under
section 1605(a)(7) of title 28, United States
Code, or section 589 of the Foreign Operations,
Export Financing, and Related Programs
Appropriations Act, 1997 (28 U.S.C. 1605 note),
that has been given effect as if the action had
originally been filed under 1605A(c) of title
28, United States Code, pursuant to section
1083(c) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 342; 28 U.S.C. 1605A note)).
(b) Temporal Scope.--Subsection (a) shall apply only with respect
to any conduct or event occurring before June 30, 2006, regardless of
whether, or the extent to which, application of that subsection affects
any action filed before, on, or after that date.
(c) Authority of the Secretary.--The certification by the Secretary
referred to in subsection (a)(2) may not be delegated, and shall not be
subject to judicial review.
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