July 31, 2008 CONGRESSIONAL RECORD — SENATE S7979 my staff—Brian Chelcen and Peter The agreement will provide full com- up with sanctions and incentives, can Quaranto—be granted floor privileges pensation to pay settlements already change the behavior of countries whose for the remainder of this Congress. reached in the Pan Am 103 and LaBelle policies threaten our interests. There The ACTING PRESIDENT pro tem- cases and enough funds to ensure that is a lesson in here for more productive pore. Without objection, it is so or- every American claimant in these approaches we could have taken earlier dered. cases involving Libyan terrorism will with other problematic countries. It is Ms. MIKULSKI. I ask unanimous receive financial compensation com- important for countries like Iran, consent that a fellow in Senator BINGA- parable to the Pan Am 103 and LaBelle North Korea, and Syria that pursue MAN’s office, Michele Mazzocco, be settlements. No U.S. taxpayer money malevolent policies to see that there is given floor privileges during this bill. will be used to pay these claims. The a roadmap back into the international The PRESIDING OFFICER. Without regime in Libya is notoriously unpre- community if they modify their behav- objection, it is so ordered. dictable, so there is a chance that the ior. In short, the model of normaliza- The Senator from Wyoming is recog- deal could fall apart. But there is rea- tion with Libya, if applied to other nized. son to believe that the Libyan leader, cases, can prove that our goal is con- Mr. ENZI. Mr. President, I, too, ask Colonel Qadhafi, has decided it is in his duct change, not regime change and unanimous consent to extend floor interest to settle all of these cases, can actually produce that change. privileges to Ann Clough for the re- rather than let them languish in court For these reasons, I support the nas- mainder of the consideration of the for years or decades, at the expense of cent Libyan-American agreement to conference report. progress in the Libyan-American rela- comprehensively settle all outstanding The PRESIDING OFFICER. Without tionship. Should the government of American claims against Libyan ter- objection, it is so ordered. Libya change its position and fail to rorism. Libya’s renunciation of its provide the complete funding, the vic- f weapons of mass destruction programs tims will retain their full rights to pro- LIBYAN CLAIMS RESOLUTION ACT and its previous support for terrorism ceed with their legal challenges. is something all of us should welcome. But before Libya is willing to sign Ms. KLOBUCHAR. Mr. President, I I support the carefully calibrated the agreement, it wants legal assur- ask unanimous consent that the Sen- movement toward the full normaliza- ate proceed to the immediate consider- ances that upon providing the full funding it will be immune from further tion of bilateral relations. ation of S. 3370, introduced earlier But it should be underscored that legal repercussions stemming from today by Senators BIDEN, LUGAR, LAU- this legislation does not exonerate or these cases. This legislation, if signed TENBERG, WARNER, LEAHY, and LEVIN. excuse Libya for its despicable and into law by the President, provides The PRESIDING OFFICER. The cowardly support for terrorism. I hope such assurances, allowing the deal to clerk will report the bill by title. that the agreement can provide a mod- go forward. It authorizes the Secretary The legislative clerk read as follows: icum of justice and closure for the vic- of State to work with the Libyans to A bill (S. 3370) to resolve pending claims tims of Libyan terrorism and their set up the funding mechanism. It against Libya by United States nationals, families. But it is small consolation in- and for other purposes. assures the Libyans that if and only if full compensation has been paid to all deed and will not bring back the lives There being no objection, the Senate that have been lost, nor undo the suf- proceeded to consider the bill. American victims of Libyan terrorism, they will be immune from further fering endured by survivors. Mr. BIDEN. Mr. President, today, Neither does today’s legislation indi- claims of this nature. And it assures with the passage of the Libyan Claims cate a shift in my views of the funda- the American claimants that their law- Resolution Act, the United States mental nature of the Qadhafi regime. suits will not be extinguished unless moves closer to a comprehensive reso- Yes, Americans are interested in the funding promised by the agreement lution of all outstanding claims by U.S. Libya’s external behavior. But we are nationals against Libya for its support is provided. If this bill is approved by the House, also concerned about the human rights for terrorism over several decades. Congress will have joined with the conditions within Libya. Though his These claims include, most notably, President to solve an issue of national support for terrorists has ended, Qa- the Pan Am 103 bombing over and international importance, while dhafi’s Libya remains a police state Lockerbie, Scotland, which killed 270 protecting the interests of its nationals that brooks no political opposition. innocent human beings in December who have valid claims against Libya. Four decades after coming to power in 1988 and the bombing of the LaBelle Under the Constitution, there is no a military coup, Qadhafi continues to discotheque in Berlin in April 1986 in question the executive and the legisla- rule by personal fiat. He may have had which two American military per- tive branches have the authority to a change of mind about Libya’s poli- sonnel were killed and scores more in- work together in this manner to settle cies, but I doubt that it has been jured. There are many other pending claims so as to help the hundreds of matched by a change of heart. claims involving attacks against American claimants who will benefit It is critical that the Bush adminis- Americans that are attributable to from this initiative. This cooperative tration pursue a broader engagement Libya. These, too, will be resolved by effort—and the prompt bipartisan sup- with the Libyan people and civil soci- this legislation. Although less well port for it—is also a good example of ety. This relationship must be about known in the public’s memory, they how the two branches should work to- more than securing contracts for were no less devastating to their vic- gether to advance our national inter- American oil companies. We have tims and no less an affront to human- ests. learned the hard way that our vital in- ity. I wish to be clear about what my sup- terests can be threatened by relation- For several months now, the Bush ad- port for this legislation means and does ships that ignore the huge deficiencies ministration has been negotiating with not mean. It is clearly in the interest in governance and basic freedoms in the Government of Libya on a com- of the United States to develop better many Middle Eastern countries and are prehensive settlement to compensate relations with Libya. Libya is an im- based exclusively on commercial and American victims of Libyan terror. portant country as a gateway between security interests. So I am disap- The State Department has reported to Europe and Africa, which shares a bor- pointed that this comprehensive claims us in recent days that an agreement der with the Darfur region of Sudan, settlement agreement is not accom- has been reached but has not yet been and is a member of OPEC. Colonel Qa- panied by a comprehensive plan to en- signed. I commend the fine effort of As- dhafi appears to have made a break gage Libyan society. I urge the Bush sistant Secretary of State David Welch with his past support for terrorism and administration to put as much energy and Deputy Legal Adviser Jonathan efforts to acquire weapons of mass de- into developing such a plan as it did in Schwartz, who led the U.S. delegation struction. That is good news for Libya, the negotiations for a claims settle- in these very difficult negotiations. for the United States, and for the ment. Signature on the agreement awaits ac- world. For more than 4 years, I have called tion by Congress, and that is what we It also is a powerful demonstration for the release of Fathi Eljahmi, a cou- are doing today. that diplomatic engagement, backed rageous Libyan democracy advocate

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00175 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7980 CONGRESSIONAL RECORD — SENATE July 31, 2008 with serious health problems whose 1986 bombing of the La Belle Dis- (1) the term ‘‘appropriate congressional only crime was to speak truth to cotheque in Berlin, Germany. On April committees’’ means the Committee on For- power. Though the change in direction 5, 1986, Libya directed its agents to exe- eign Relations and the Committee on the Ju- in Libyan foreign policy in the last few cute a terrorist attack in West Berlin diciary of the Senate and the Committee on Foreign Affairs and the Committee on the years is as commendable as it is re- for the sole purpose of killing as many Judiciary of the House of Representatives; markable, Mr. Eljahmi’s continuing American military personnel as pos- (2) the term ‘‘claims agreement’’ means an captivity is a reminder that basic fun- sible. The La Belle Discotheque was international agreement between the United damental freedoms such as rule of law known to be frequented by large num- States and Libya, binding under inter- and the freedom of speech do not exist bers of U.S. military personnel. The national law, that provides for the settle- inside Libya. As I have made it clear to bombing of the discotheque occurred at ment of terrorism-related claims of nation- Colonel Qadhafi, the future of the Liby- a time when 260 people, including U.S. als of the United States against Libya an-American relationship, at least as military personnel, were present. When through fair compensation; (3) the term ‘‘national of the United far as this Senator is concerned, will be the bomb detonated, two U.S. soldiers States’’ has the meaning given that term in affected by the Libyan Government’s were killed and over 90 U.S. soldiers section 101(a)(22) of the Immigration and Na- treatment of Mr. Eljahmi. I urge the were injured. tionality Act (8 U.S.C. 1101(a)(22)); Libyan Government to release him un- Since shortly after the National De- (4) the term ‘‘Secretary’’ means the Sec- conditionally and immediately, and to fense Authorization Act was enacted in retary of State; and end the harassment of his family. January 2008, and in direct response to (5) the term ‘‘state sponsor of terrorism’’ Engagement does not mean that we the Lautenberg provision, the Libyans means a country the government of which surrender our values. Engagement approached the State Department the Secretary has determined, for purposes of section 6(j) of the Export Administration means we are in a stronger position to about securing a comprehensive settle- Act of 1979 (50 U.S.C. App. 2405(j)), section advance our values and to secure real ment of claims against Libya brought 620A of the Foreign Assistance Act of 1961 (22 change. I urge the Bush administration by American victims of acts of ter- U.S.C. 2371), section 40 of the Arms Export to use this opportunity to assert Amer- rorism. Control Act (22 U.S.C. 2780), or any other pro- ica’s interests in a broader relationship Under the proposed international vision of law, is a government that has re- that will put Libya on a more sustain- agreement the United States would re- peatedly provided support for acts of inter- able, and more democratic, path. ceive sufficient funding to pay the two national terrorism. Mr. LEAHY. Mr. President, I am large outstanding settlements with SEC. 3. SENSE OF CONGRESS. pleased that the Senate has unani- Libya—the Pan Am 103 families’ settle- Congress supports the President in his ef- mously passed legislation that, in con- ment and the La Belle Discotheque set- forts to provide fair compensation to all na- junction with an international agree- tionals of the United States who have ter- tlement—as Congress has requested in rorism-related claims against Libya through ment being finalized between the previous legislation. In addition, Libya a comprehensive settlement of claims by United States and Libya, will at long would provide sufficient funds to en- such nationals against Libya pursuant to an last provide full and fair compensation sure fair compensation of the other international agreement between the United to those United States nationals who pending claims for acts of terrorism. States and Libya as a part of the process of have terrorism-related claims against In return for this comprehensive restoring normal relations between Libya Libya. I commend Senator FRANK LAU- claims settlement, the United States and the United States. TENBERG, who has been working hard will need to assure Libya that it will SEC. 4. ENTITY TO ASSIST IN IMPLEMENTATION for years to try to get justice for these not face further terrorism-related liti- OF CLAIMS AGREEMENT. (a) DESIGNATION OF ENTITY.— victims of terror, as well as the other gation in U.S. courts. This legislation, (1) DESIGNATION.—The Secretary, by publi- cosponsors who have enabled this im- the Libya Claims Resolution Act, will cation in the Federal Register, may, after portant legislation to win Senate ap- restore Libya’s sovereign immunity— consultation with the appropriate congres- proval. once the United States has received the sional committees, designate 1 or more enti- This legislation takes a critical step agreed funding. ties to assist in providing compensation to in securing the final payment of settle- With the enactment of this legisla- nationals of the United States, pursuant to a ment amounts already reached by the tion, the international agreement can claims agreement. victims of the Pan Am 103 Lockerbie be concluded quickly and the money (2) AUTHORITY OF THE SECRETARY.—The des- bombing and the LaBelle discotheque ignation of an entity under paragraph (1) is channeled to American claimants. Ac- within the sole discretion of the Secretary, bombing, as well as fair compensation cording to the State Department, the and may not be delegated. The designation for all other similar claims against Pan Am and La Belle claimants should shall not be subject to judicial review. Libya. It has wide support among vic- receive their settlements shortly after (b) IMMUNITY.— tims’ rights groups, and it will be an the agreement is signed, ending years (1) PROPERTY.— important step in restoring relations of waiting for just compensation form (A) IN GENERAL.—Notwithstanding any between the United States and Libya. Libya. other provision of law, if the Secretary des- I urge the House to work quickly to I commend the State Department for ignates any entity under subsection (a)(1), pass this legislation so that we can any property described in subparagraph (B) its efforts to bring these claims to a of this paragraph shall be immune from at- send this bill to the President’s desk. resolution. tachment or any other judicial process. Such Mr. LEVIN. Mr. President, I join Ms. KLOBUCHAR. Mr. President, I immunity shall be in addition to any other with Senators BIDEN, LUGAR, LAUTEN- ask unanimous consent that the bill be applicable immunity. BERG, WARNER, and LEAHY today in read three times and passed; that the (B) PROPERTY DESCRIBED.—The property submitting the Libya Claims Resolu- motion to reconsider be laid upon the described in this subparagraph is any prop- tion Act. table, with no intervening action or de- erty that— During last year’s consideration of bate; and that any statements relating (i) relates to the claims agreement; and the Defense authorization bill, I joined (ii) for the purpose of implementing the to the bill be printed in the RECORD. claims agreement, is— with Senator LAUTENBERG and 31 other The PRESIDING OFFICER. Without (I) held by an entity designated by the Sec- cosponsors in unanimously adding a objection, it is so ordered. retary under subsection (a)(1); provision which allowed victims of ter- The bill (S. 3370) was ordered to be (II) transferred to the entity; or rorism to seek redress in U.S. courts engrossed for a third reading, was read (III) transferred from the entity. against foreign states whose officials the third time, and passed, as follows: (2) OTHER ACTS.—An entity designated by or agents commit acts of terrorism, by S. 3370 the Secretary under subsection (a)(1), and establishing a private right of action any person acting through or on behalf of Be it enacted by the Senate and House of Rep- such entity, shall not be liable in any Fed- under the sovereign immunity excep- resentatives of the United States of America in tion for state sponsors of terrorism. eral or State court for any action taken to Congress assembled, implement a claims agreement. I supported the LAUTENBERG amend- SECTION 1. SHORT TITLE. (c) NONAPPLICABILITY OF THE GOVERNMENT ment to the Defense authorization bill This Act may be cited as the ‘‘Libyan CORPORATION CONTROL ACT.—An entity des- out of concern over Libya’s backing Claims Resolution Act’’. ignated by the Secretary under subsection out of a settlement agreement with the SEC. 2. DEFINITIONS. (a)(1) shall not be subject to chapter 91 of victims and families of victims of the In this Act— title 31, United States Code (commonly

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00176 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7981 known as the ‘‘Government Corporation Con- today by Senators REID and MCCON- committee on Investigations of the Com- trol Act’’). NELL. mittee on Homeland Security and Govern- SEC. 5. RECEIPT OF ADEQUATE FUNDS; IMMUNI- The PRESIDING OFFICER. The mental Affairs, acting jointly, are authorized TIES OF LIBYA. clerk will report the resolution by to provide to law enforcement officials, regu- (a) IMMUNITY.— title. latory agencies, and other entities or indi- viduals duly authorized by federal, state, or (1) IN GENERAL.—Notwithstanding any The legislative clerk read as follows: other provision of law, upon submission of a foreign governments, records of the Sub- certification described in paragraph (2)— A resolution (S. Res. 642) to authorize the committee’s investigation into tax haven fi- (A) Libya, an agency or instrumentality of production of records by the Permanent Sub- nancial institutions, their formation and ad- Libya, and the property of Libya or an agen- committee on Investigations of the Com- ministration of offshore entities and ac- cy or instrumentality of Libya, shall not be mittee on Homeland Security and Govern- counts for use by U.S. clients, and the im- subject to the exceptions to immunity from mental Affairs. pact of those activities on tax compliance in jurisdiction, liens, attachment, and execu- There being no objection, the Senate the United States. tion contained in section 1605A, 1605(a)(7), or proceeded to consider the resolution. f 1610 (insofar as section 1610 relates to a judg- Mr. REID. Mr. President, the Perma- ment under such section 1605A or 1605(a)(7)) nent Subcommittee on Investigations MEASURE READ THE FIRST of title 28, United States Code; of the Committee on Homeland Secu- TIME—S. 3406 (B) section 1605A(c) of title 28, United rity and Governmental Affairs has re- States Code, section 1083(c) of the National ceived requests from various law en- Mr. DURBIN. Mr. President, I under- Defense Authorization Act for Fiscal Year stand that S. 3406, introduced earlier 2008 (Public Law 110–181; 122 Stat. 342; 28 forcement and regulatory agencies, seeking access to records that the Sub- today by Senator HARKIN, is at the U.S.C. 1605A note), section 589 of the Foreign desk, and I ask for its first reading. Operations, Export Financing, and Related committee obtained during its recent The PRESIDING OFFICER. The Programs Appropriations Act, 1997 (28 U.S.C. investigation into tax haven financial 1605 note), and any other private right of ac- institutions, their formation and ad- clerk will report the bill by title for tion relating to acts by a state sponsor of ministration of offshore entities and the first time. terrorism arising under Federal, State, or accounts for use by U.S. clients, and The legislative clerk read as follows: foreign law shall not apply with respect to the impact of those activities on tax A bill (S. 3406) to restore the intent and claims against Libya, or any of its agencies, compliance in the United States. protections of the Americans with Disabil- instrumentalities, officials, employees, or ities Act of 1990. agents in any action in a Federal or State This resolution would authorize the court; and Chairman and Ranking Minority Mem- Mr. DURBIN. Mr. President, I now (C) any attachment, decree, lien, execu- ber of the Permanent Subcommittee on ask for its second reading and object to tion, garnishment, or other judicial process Investigations, acting jointly, to pro- my own request. brought against property of Libya, or prop- vide records, obtained by the Sub- The PRESIDING OFFICER. Objec- erty of any agency, instrumentality, official, committee in the course of its inves- tion having been heard, the bill will be employee, or agent of Libya, in connection tigation, in response to these requests read for the second time on the next with an action that would be precluded by and any similar requests from govern- legislative day. subparagraph (A) or (B) shall be void. (2) CERTIFICATION.—A certification de- ment entities and officials with a le- f scribed in this paragraph is a certification— gitimate need for the records. (A) by the Secretary to the appropriate Mr. DURBIN. Mr. President, I ask APPOINTMENT congressional committees; and unanimous consent that the resolution The PRESIDING OFFICER. The (B) stating that the United States Govern- be agreed to, the preamble be agreed Chair, on behalf of the Vice President, ment has received funds pursuant to the to, the motions to reconsider be laid claims agreement that are sufficient to en- pursuant to Public Law 110–181, ap- upon the table, with no intervening ac- points the following individual to the sure— tion or debate, and any statements re- (i) payment of the settlements referred to Commission on Wartime Contracting: in section 654(b) of division J of the Consoli- lated to the resolution be printed in Robert J. Henke of Virginia. dated Appropriations Act, 2008 (Public Law the RECORD. 110–161; 121 Stat. 2342); and The PRESIDING OFFICER. Without f objection, it is so ordered. (ii) fair compensation of claims of nation- ORDERS FOR FRIDAY, AUGUST 1, als of the United States for wrongful death The resolution (S. Res. 642) was or physical injury in cases pending on the agreed to. 2008 date of enactment of this Act against Libya The preamble was agreed to. Mr. DURBIN. Mr. President, I ask arising under section 1605A of title 28, United The resolution, with its preamble, unanimous consent that when the Sen- States Code (including any action brought reads as follows: ate completes its business today, it under section 1605(a)(7) of title 28, United S. RES. 642 stand adjourned until 9:30 a.m. tomor- States Code, or section 589 of the Foreign Op- Whereas, the Permanent Subcommittee on erations, Export Financing, and Related Pro- row, Friday, August 1; that following Investigations of the Committee on Home- grams Appropriations Act, 1997 (28 U.S.C. the prayer and pledge, the Journal of land Security and Governmental Affairs con- 1605 note), that has been given effect as if the proceedings be approved to date, the ducted an investigation into tax haven finan- action had originally been filed under morning hour be deemed expired, the cial institutions, their formation and admin- 1605A(c) of title 28, United States Code, pur- istration of offshore entities and accounts time for the two leaders be reserved for suant to section 1083(c) of the National De- for use by U.S. clients, and the impact of their use later in the day, and the Sen- fense Authorization Act for Fiscal Year 2008 those activities on tax compliance in the ate resume consideration of the motion (Public Law 110–181; 122 Stat. 342; 28 U.S.C. United States; to proceed to S. 3001, the Defense au- 1605A note)). Whereas, the Subcommittee has received a thorization bill, with Senators per- (b) TEMPORAL SCOPE.—Subsection (a) shall number of requests from law enforcement apply only with respect to any conduct or mitted to speak for up to 10 minutes and regulatory agencies for access to records each. event occurring before June 30, 2006, regard- of the Subcommittee’s investigation; less of whether, or the extent to which, ap- Whereas, by the privileges of the Senate of The PRESIDING OFFICER. Without plication of that subsection affects any ac- the United States and Rule XI of the Stand- objection, it is so ordered. tion filed before, on, or after that date. ing Rules of the Senate, no evidence under f (c) AUTHORITY OF THE SECRETARY.—The the control or in the possession of the Senate certification by the Secretary referred to in can, by administrative or judicial process, be subsection (a)(2) may not be delegated, and ADJOURNMENT UNTIL 9:30 A.M. taken from such control or possession but by TOMORROW shall not be subject to judicial review. permission of the Senate; f Whereas, when it appears that evidence Mr. DURBIN. Mr. President, if there under the control or in the possession of the is no further business to come before AUTHORIZING PRODUCTION OF Senate is needed for the promotion of jus- the Senate, I ask unanimous consent RECORDS tice, the Senate will take such action as will that it stand adjourned under the pre- Mr. DURBIN. Mr. President, I ask promote the ends of justice consistent with vious order. the privileges of the Senate: Now, therefore, unanimous consent that the Senate be it There being no objection, the Senate, proceed to the immediate consider- Resolved, That the Chairman and Ranking at 10:20 p.m., adjourned until Friday, ation of S. Res. 642 submitted earlier Minority Member of the Permanent Sub- August 1, 2008, at 9:30 a.m.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00177 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE