[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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