II 

116TH CONGRESS 

2D SESSION S. 4554 

To provide compensation for United States victims of Libyan state-sponsored 

terrorism, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 9, 2020 

Ms. COLLINS introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To provide compensation for United States victims of Libyan 

state-sponsored terrorism, 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 ‘‘Justice for the Living 

5 Victims of Lockerbie Act’’. 

6 SEC. 2. DEFINED TERM. 

7 In this Act, the term ‘‘compensable living victim of 

8 Libyan state-sponsored terrorism’’ means an individual 

9 who— 

10 (1) is a United States person; 

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1 (2) was employed by Pan American Airlines on 

2 December 3, 1991; 

3 (3) was a named claimant in the case referred 

4 to in section 3(b)(2); and 

5 (4) was alive on August 14, 2008. 

6 SEC. 3. DETERMINATION OF CAUSE. 

7 (a) IN GENERAL.—Not later than 60 days after the 

8 date of the enactment of this Act, the Secretary of Trans9 portation shall direct the Assistant Secretary for Aviation 

10 and International Affairs to review and make a determina11 tion as to whether it is more probable than not that the 

12 bombing of Pan American Flight 103 over Lockerbie, 

13 Scotland on December 21, 1988, was a proximate cause 

14 of the subsequent bankruptcy of Pan American World Air15 lines. 

16 (b) REQUIREMENTS.—In making the determination 

17 required under subsection (a), the Assistant Secretary for 

18 Aviation and International Affairs shall— 

19 (1) apply legal standards and principles gen20 erally followed by State and Federal courts in the 

21 United States; 

22 (2) allow former Pan American employees who 

23 were named claimants in Abbott et al. v. Socialist 

24 People’s Libyan Arab Jamahiriya (case number 

25 1:94–cv–02444–SS) in the United States District 

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1 Court for the District of Columbia to submit written 

2 documents and legal arguments on the issue of cau3 sation described in subsection (a); and 

4 (3) except as provided elsewhere in this section, 

5 limit the review to the evidentiary record of the For6 eign Claims Settlement Commission provided to the 

7 Assistant Secretary pursuant to subsection (c) (ex8 cluding prior decisions of the Commission). 

9 (c) SUBMISSION OF RECORDS.—The Foreign Claims 

10 Settlement Commission shall provide the Assistant Sec11 retary for Aviation and International Affairs with copies 

12 of the evidentiary record, including documents submitted 

13 by claimants, statements and affidavits of witnesses, hear14 ing transcripts, and post-hearing submissions, associated 

15 with Category F claims referred to the Commission by the 

16 Department of State on November 27, 2013, involving 

17 claims of the United States nationals against the Govern18 ment of Libya that were settled under the ‘‘Claims Settle19 ment Agreement Between the United States of America 

20 and the Great Socialist People’s Libyan Arab 

21 Jamahiriya’’, dated August 14, 2008. 

22 (d) WRITTEN DETERMINATION.— 

23 (1) IN GENERAL.—Not later than 90 days after 

24 the date on which the Secretary of Transportation 

25 directs the Assistant Secretary for Aviation and 

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1 International Affairs to review the issue described in 

2 subsection (a), the Assistant Secretary shall submit 

3 a written determination to the Secretary. 

4 (2) SUBMISSION TO THE FOREIGN CLAIMS SET5 TLEMENT COMMISSION.—If the Assistant Secretary 

6 determines that the Lockerbie bombing was a proxi7 mate cause of the bankruptcy of Pan American 

8 World Airlines, the Secretary of Transportation, not 

9 later than 10 days after the date on which the Sec10 retary received such written determination, shall de11 liver a copy of such determination to the Secretary 

12 of the Treasury and the Foreign Claims Settlement 

13 Commission. 

14 SEC. 4. LIVING VICTIMS OF LOCKERBIE CLAIMS FUND. 

15 (a) ESTABLISHMENT.—If the Assistant Secretary for 

16 Aviation and International Affairs makes the determina17 tion of cause described in section 3, the Secretary of the 

18 Treasury shall establish, in the Treasury of the United 

19 States, a trust fund (referred to in this Act as the 

20 ‘‘Fund’’) for the payment of claims submitted by compen21 sable living victims of Libyan state-sponsored terrorism. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—Once the 

23 Fund is established pursuant to subsection (a), there shall 

24 be appropriated to the Fund, out of any money in the 

25 Treasury of the United States not otherwise appropriated, 

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1 $20,000,000 for fiscal year 2021, which shall be made 

2 available to provide compensation to compensable living 

3 victims of Libyan state-sponsored terrorism. 

4 SEC. 5. COMPENSATION FOR LIVING VICTIMS OF LIBYAN 

5 STATE-SPONSORED TERRORISM. 

6 (a) CERTIFICATION BY THE FOREIGN CLAIMS SET7 TLEMENT COMMISSION.—Not later than 30 days after re8 ceiving a copy of the determination from the Secretary of 

9 Transportation under section 3(c)(2), the Foreign Claims 

10 Settlement Commission— 

11 (1) shall publish, in the Federal Register, a 

12 process for filing applications on behalf of compen13 sable living victims of Libyan state-sponsored ter14 rorism; 

15 (2) shall determine if individuals who have sub16 mitted claims for payments under subsection (b) are 

17 compensable living victims of Libyan state-sponsored 

18 terrorism; and 

19 (3) upon the approval of each claim pursuant to 

20 paragraph (1), shall certify such determination to 

21 the Secretary of the Treasury for authorization of 

22 payment under subsection (b). 

23 (b) PAYMENTS AUTHORIZED.—Upon receiving a cer24 tification from the Foreign Claims Settlement Commission 

25 under subsection (a)(3), the Secretary of the Treasury 

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1 shall make payments from the Fund to compensable living 

2 victims of Libyan state-sponsored terrorism in accordance 

3 with subsection (c). 

4 (c) COMPENSATION.— 

5 (1) IN GENERAL.—Upon a certification by the 

6 Foreign Claims Settlement Commission of a claim 

7 by a compensable living victim of Libyan state-spon8 sored terrorism, such claimant (or, in the case of a 

9 deceased claimant, the personal representative of the 

10 claimant’s estate) shall be entitled to an award of 

11 $400,000. 

12 (2) REPRESENTATIVE.—If a putative claimant 

13 that otherwise qualifies for compensation under this 

14 section is deceased, a personal representative may 

15 bring a claim on behalf of the estate of the claimant. 

Æ