I 

112TH CONGRESS 

1ST SESSION H. R. 3725 

To authorize the President to vest certain property of the Government of 

Libya seized or blocked by the United States and to authorize the 

use of that property to defray the full costs of Operation Odyssey 

Dawn and United States participation in NATO Operation Unified Protector, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2011 

Mr. SHERMAN (for himself and Mr. BURTON of Indiana) introduced the 

following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To authorize the President to vest certain property of the 

Government of Libya seized or blocked by the United 

States and to authorize the use of that property to 

defray the full costs of Operation Odyssey Dawn and 

United States participation in NATO Operation Unified 

Protector, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Libyan Assets Tax5 payer Reimbursement Act of 2011’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The United States Government has frozen, 

4 through Executive Order 13566 of February 25, 

5 2011, over $30 billion in assets in the United States 

6 owned by the late Muammar Qaddafi, his family, 

7 and his regime. 

8 (2) The United States military conducted ac9 tions, through Operation Odyssey Dawn and NATO 

10 Operation Unified Protector, over the territory and 

11 off the coast of Libya designed to protect the Libyan 

12 people from the violence and cruelty of the Qaddafi 

13 regime. 

14 (3) United States military operations in Libya 

15 exposed members of the United States Armed 

16 Forces to the risk of death. 

17 (4) The Libyan uprising against the late dic18 tator Qaddafi succeeded with the help of United 

19 States forces. 

20 (5) Libya is an oil rich country that will be able 

21 to finance its economic development and reconstruc22 tion. 

23 (6) Libya has Africa’s largest oil reserves and 

24 a population of approximately 6.5 million people. 

25 (7) In 2010, Libya had one of the highest per 

26 capita oil export revenues in the world. 


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1 (8) The Department of Defense estimates the 

2 cost of United States military and humanitarian ef3 forts for the Libyan people at under $3 billion. 

4 (9) Funds collected by the United States from 

5 Libya pursuant to the United States-Libya Claims 

6 Settlement Agreement are insufficient to provide 

7 complete relief for all of the victims of Libyan state8 sponsored terrorism whose claims are currently 

9 being adjudicated, or have been awarded, by the 

10 Foreign Claims Settlement Commission of the 

11 United States. The amount of the shortfall is be12 lieved to be as much as $400 million. 

13 (10) Around the world, over $150 billion of 

14 Qaddafi assets are frozen, and almost all of this 

15 amount will be paid to the new Libyan government, 

16 including the vast majority of the assets blocked by 

17 the United States. 

18 SEC. 3. STATEMENT OF POLICY. 

19 It shall be the policy of the United States Govern20 ment— 

21 (1) to ensure that the United States Treasury 

22 is reimbursed for the full cost of all military and hu23 manitarian operations undertaken in and with re24 spect to Libya from the onset of Operation Odyssey 

25 Dawn through the fall of the Qaddafi regime; and 


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1 (2) to ensure that there are sufficient funds 

2 available to the United States to fully compensate 

3 victims of Libyan-sponsored terrorism, prior to pro4 viding assets blocked pursuant Executive Order 

5 13566 of February 25, 2011 to the Government of 

6 Libya or other rightful owners. 

7 SEC. 4. AUTHORITY TO VEST AND USE BLOCKED LIBYAN 

8 ASSETS TO DEFRAY THE FULL COSTS OF OP9 ERATION ODYSSEY DAWN AND U.S. PARTICI10 PATION IN NATO OPERATION UNIFIED PRO11 TECTOR. 

12 (a) IN GENERAL.—Pursuant to the authorities of the 

13 International Emergency Economic Powers Act (50 

14 U.S.C. 1701 et seq.), the President is authorized to— 

15 (1) by means of instructions, licenses, or other16 wise, vest such blocked Libyan assets that are avail17 able as of the date of the enactment of this Act in 

18 an amount necessary for the purposes described in 

19 subsection (b); 

20 (2) liquidate or sell any blocked Libyan assets 

21 described in paragraph (1); and 

22 (3) deposit any funds taken under paragraph 

23 (1) and any funds resulting from the liquidation or 

24 sale of blocked Libyan assets under paragraph (2) in 


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1 the United States Treasury for the purposes de2 scribed in subsection (b). 

3 (b) USE OF VESTED FUNDS.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, the President shall use blocked Lib6 yan assets vested under subsection (a)(1) to defray 

7 the full costs of Operation Odyssey Dawn and 

8 United States participation in NATO Operation 

9 Unified Protector and any associated humanitarian 

10 efforts undertaken on behalf of the Libyan people. 

11 (2) OTHER USE OF FUNDS.—Notwithstanding 

12 any other provision of law, the President is author13 ized to use blocked Libyan assets vested under sub14 section (a)(1) to satisfy and pay in full all final 

15 awards of compensation to United States nationals 

16 ordered by the Foreign Claims Settlement Commis17 sion in its Libya Claims Program pursuant to the 

18 Libyan Claims Resolution Act (Public Law 110– 

19 301) and the International Claims Settlement Act of 

20 1949 (22 U.S.C. 1621 et seq.). 

21 (c) REGULATIONS.—The President may issue such 

22 regulations, including regulations prescribing definitions 

23 in addition to the definitions listed in subsection (d), as 

24 may be necessary for the exercise of the authorities grant25 ed by this Act. 


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1 (d) DEFINITIONS.—In this section— 

2 (1) the term ‘‘blocked Libyan assets’’ means all 

3 property and interests in property that are seized or 

4 blocked by the United States in accordance with Ex5 ecutive Order 13566 of February 25, 2011 (76 Fed. 

6 Reg. 11315); and 

7 (2) the term ‘‘Government of Libya’’ means the 

8 Government of Libya on the date of the enactment 

9 of this Act, including any agency or instrumentality 

10 of that Government and any entity controlled by 

11 that Government. 

12 SEC. 5. DETERMINATION OF AMOUNTS. 

13 (a) IN GENERAL.—For purposes of determining the 

14 amount of blocked Libyan assets to vest under section 

15 4(a)(1), the President shall ensure the full costs of mili16 tary operations and humanitarian efforts described in sec17 tion 4(b)(1)— 

18 (1) are determined in accordance with generally 

19 accepted accounting principles; 

20 (2) include all expenditures properly chargeable 

21 to such operations and efforts; and 

22 (3) are not limited to marginal costs. 

23 (b) CONSULTATION.—The President shall determine 

24 the amount of blocked Libyan assets to vest under section 


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1 4(a)(1) after consultation with the Secretary of Defense 

2 and the Foreign Claims Settlement Commission. 

3 SEC. 6. REPORT. 

4 Not later than 1 year after the date of the enactment 

5 of this Act, and annually thereafter as appropriate, the 

6 President shall prepare and submit to Congress a report 

7 on the implementation of this Act. 

Æ 


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