[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.