[Congressional Record Volume 154, Number 129 (Thursday, July 31, 2008)]
[House]
[Pages H7705-H7706]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      LIBYAN CLAIMS RESOLUTION ACT

  Mr. CONYERS. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the Senate bill (S. 3370) to resolve pending claims 
against Libya by United States nationals, and for other purposes, and 
ask for its immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  The text of the Senate bill is as follows:

                                S. 3370

       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

[[Page H7706]]

     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.

  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

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