The Commission has been authorized to adjudicate the claims of certain U.S. nationals against the Government of Libya. The Commission requires the information being collected to enable it to carry out its statutory responsibility to determine the validity and amount of the claims submitted. The respondents to this request will be individuals with pending litigation against the Government of Libya for physical injuries.
Pursuant to the August 14, 2008 Claims Settlement Agreement Between the United States of America and the Great Socialist PeopleÂs Libyan Arab Jamahiriya (Agreement), the United States received $1.5 billion as settlement of certain terrorism-related claims against Libya, its agencies and instrumentalities, and officials and employees thereof, and agreed to terminate terrorism-related litigation in U.S. courts arising out of Libyan conduct or acts occurring before June 30, 2006. On October 31, 2008, pursuant to the Libyan Claims Resolution Act (LCRA), P.L. 110-301, the Secretary of State certified that the U.S. Government had received sufficient funds under the LCRA. That same day President Bush signed an Executive Order directing the Secretary of State to provide for procedures governing applications by U.S. nationals with claims for compensation under the Agreement. The State Department had advised Congress prior to the passage of the LCRA that it envisioned settlement proceeds being distributed through a streamlined and independent mechanism such as the Foreign Claims Settlement Commission (Commission).
In furtherance of the Agreement, the Executive Order and the State DepartmentÂs representations to Congress, the State Department, on December 11, 2008, referred a category of claims covered by the Agreement to the Commission for adjudication, so that long-awaited compensation can be paid to eligible U.S. nationals. The form for which the Commission is requesting approval is essential to the Commission's ability to carry out its adjudication of claims in this program under 22 U.S.C. 1623. The information being requested from the public is not detailed. In order to review the claims and issue compensation awards to claimants as rapidly as possible, the Commission seeks expedited review of the form to fulfill the important Administration and Congressional objective of compensating victim claimants from settlement funds received by the United States in furtherance of the Agreement as quickly as possible. We believe that it is imperative that this process not be delayed at this point by administrative hurdles.
The Commission has therefore determined that:
1. This collection is needed prior to the expiration of time periods normally associated with a routine submission for review under the provisions of the Paperwork Reduction Act;
2. This collection is essential to the mission of the Foreign Claims Settlement Commission in meeting its legislative obligations; and
3. The use of normal clearance procedures will prevent the Commission from obtaining this information in a manner timely enough to permit the compensation of the claimants in accordance with assurances made to Congress.
Therefore, the Commission requests emergency OMB approval for this collection prior to February 18, 2009.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form 83i.pdf
Supporting Statement.doc
Claims of United States National Against Libya