[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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