Text: S.3370 — 110th Congress (2007-2008)All Information (Except Text)

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Public Law No: 110-301 (08/04/2008)

 
[110th Congress Public Law 301]
[From the U.S. Government Printing Office]


[DOCID: f:publ301.110]

[[Page 122 STAT. 2999]]

Public Law 110-301
110th Congress

                                 An Act


 
To resolve pending claims against Libya by United States nationals, and 
        for other purposes. <<NOTE: Aug. 4, 2008 -  [S. 3370]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Libyan Claims Resolution 
Act.>> assembled,
SECTION 1. <<NOTE: 28 USC 1605A note.>>  SHORT TITLE.

    This Act may be cited as the ``Libyan Claims Resolution Act''.
SEC. 2. <<NOTE: 28 USC 1605A note.>>  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. <<NOTE: 28 USC 1605A note.>>  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.

[[Page 122 STAT. 3000]]

SEC. 4. <<NOTE: 28 USC 1605A note.>>  ENTITY TO ASSIST IN 
                    IMPLEMENTATION OF CLAIMS AGREEMENT.

    (a) Designation of Entity.--
            (1) Designation.--The <<NOTE: Federal 
        Register, publication.>>  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. <<NOTE: 28 USC 1605A note.>>  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;

[[Page 122 STAT. 3001]]

                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.

[[Page 122 STAT. 3002]]

    (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.

    Approved August 4, 2008.

LEGISLATIVE HISTORY--S. 3370:
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CONGRESSIONAL RECORD, Vol. 154 (2008):
            July 31, considered and passed Senate and House.

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