[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3370 Enrolled Bill (ENR)]
S.3370
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.