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 Peoples 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 Departments
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.
PL:
Pub.L. 110 - 301 3370 Name of Law: Libyan Claims Resolution
Act
US Code: 22
USC 1623 Name of Law: Foreign Relation and Intercourse
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.