1.This Act may be cited as
the Libyan Claims Resolution
Act
.
2.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.
3.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.
4.Entity to assist
in implementation of claims agreement
(a)
(1)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 SecretaryThe 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)
(1)
(A)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)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)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 ActAn 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
).
5.Receipt of
adequate funds; immunities of Libya
(a)
(1)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)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)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 SecretaryThe certification by the Secretary referred to in
subsection (a)(2) may not be delegated, and shall not be subject to judicial
review.