S. 3370 

One Hundred Tenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and eight 

An Act 

To resolve pending claims against Libya by United States nationals, and for other 

purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Libyan Claims Resolution Act’’. 

SEC. 2. DEFINITIONS. 

In this Act— 

(1) the term ‘‘appropriate congressional committees’’ means 

the Committee on Foreign Relations and the Committee on 

the Judiciary of the Senate and the Committee on Foreign 

Affairs and the Committee on the Judiciary of the House of 

Representatives; 

(2) the term ‘‘claims agreement’’ means an international 

agreement between the United States and Libya, binding under 

international law, that provides for the settlement of terrorismrelated claims of nationals of the United States against Libya 

through fair compensation; 

(3) the term ‘‘national of the United States’’ has the 

meaning given that term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); 

(4) the term ‘‘Secretary’’ means the Secretary of State; 

and 

(5) the term ‘‘state sponsor of terrorism’’ means a country 

the government of which the Secretary has determined, for 

purposes of section 6(j) of the Export Administration Act of 

1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the 

Arms Export Control Act (22 U.S.C. 2780), or any other provision of law, is a government that has repeatedly provided 

support for acts of international terrorism. 

SEC. 3. SENSE OF CONGRESS. 

Congress supports the President in his efforts to provide fair 

compensation to all nationals of the United States who have terrorism-related claims against Libya through a comprehensive settlement of claims by such nationals against Libya pursuant to an 

international agreement between the United States and Libya as 

a part of the process of restoring normal relations between Libya 

and the United States. 
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SEC. 4. ENTITY TO ASSIST IN IMPLEMENTATION OF CLAIMS AGREEMENT. 

(a) DESIGNATION OF ENTITY.—

(1) DESIGNATION.—The Secretary, by publication in the 

Federal Register, may, after consultation with the appropriate 

congressional committees, designate 1 or more entities to assist 

in providing compensation to nationals of the United States, 

pursuant to a claims agreement. 

(2) AUTHORITY OF THE SECRETARY.—The designation of an 

entity under paragraph (1) is within the sole discretion of 

the Secretary, and may not be delegated. The designation shall 

not be subject to judicial review. 

(b) IMMUNITY.—

(1) PROPERTY.—

(A) IN GENERAL.—Notwithstanding any other provision 

of law, if the Secretary designates any entity under subsection (a)(1), any property described in subparagraph (B) 

of this paragraph shall be immune from attachment or 

any other judicial process. Such immunity shall be in addition to any other applicable immunity. 

(B) PROPERTY DESCRIBED.—The property described in 

this subparagraph is any property that—

(i) relates to the claims agreement; and 

(ii) for the purpose of implementing the claims 

agreement, is—

(I) held by an entity designated by the Secretary under subsection (a)(1); 

(II) transferred to the entity; or 

(III) transferred from the entity. 

(2) OTHER ACTS.—An entity designated by the Secretary 

under subsection (a)(1), and any person acting through or on 

behalf of such entity, shall not be liable in any Federal or 

State court for any action taken to implement a claims agreement. 

(c) NONAPPLICABILITY OF THE GOVERNMENT CORPORATION CONTROL ACT.—An entity designated by the Secretary under subsection 

(a)(1) shall not be subject to chapter 91 of title 31, United States 

Code (commonly known as the ‘‘Government Corporation Control 

Act’’). 

SEC. 5. RECEIPT OF ADEQUATE FUNDS; IMMUNITIES OF LIBYA. 

(a) IMMUNITY.—

(1) IN GENERAL.—Notwithstanding any other provision of 

law, upon submission of a certification described in paragraph 

(2)—

(A) Libya, an agency or instrumentality of Libya, and 

the property of Libya or an agency or instrumentality of 

Libya, shall not be subject to the exceptions to immunity 

from jurisdiction, liens, attachment, and execution contained in section 1605A, 1605(a)(7), or 1610 (insofar as 

section 1610 relates to a judgment under such section 

1605A or 1605(a)(7)) of title 28, United States Code; 

(B) section 1605A(c) of title 28, United States Code, 

section 1083(c) of the National Defense Authorization Act 

for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 342; 
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28 U.S.C. 1605A note), section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (28 U.S.C. 1605 note), and any other private 

right of action relating to acts by a state sponsor of terrorism arising under Federal, State, or foreign law shall 

not apply with respect to claims against Libya, or any 

of its agencies, instrumentalities, officials, employees, or 

agents in any action in a Federal or State court; and 

(C) any attachment, decree, lien, execution, garnishment, or other judicial process brought against property 

of Libya, or property of any agency, instrumentality, official, employee, or agent of Libya, in connection with an 

action that would be precluded by subparagraph (A) or 

(B) shall be void. 

(2) CERTIFICATION.—A certification described in this paragraph is a certification—

(A) by the Secretary to the appropriate congressional 

committees; and 

(B) stating that the United States Government has 

received funds pursuant to the claims agreement that are 

sufficient to ensure—

(i) payment of the settlements referred to in section 

654(b) of division J of the Consolidated Appropriations 

Act, 2008 (Public Law 110–161; 121 Stat. 2342); and 

(ii) fair compensation of claims of nationals of the 

United States for wrongful death or physical injury 

in cases pending on the date of enactment of this 

Act against Libya arising under section 1605A of title 

28, United States Code (including any action brought 

under section 1605(a)(7) of title 28, United States Code, 

or section 589 of the Foreign Operations, Export 

Financing, and Related Programs Appropriations Act, 

1997 (28 U.S.C. 1605 note), that has been given effect 

as if the action had originally been filed under 1605A(c) 

of title 28, United States Code, pursuant to section 

1083(c) of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 342; 

28 U.S.C. 1605A note)). 

(b) TEMPORAL SCOPE.—Subsection (a) shall apply only with 

respect to any conduct or event occurring before June 30, 2006, 

regardless of whether, or the extent to which, application of that 

subsection affects any action filed before, on, or after that date. 
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(c) AUTHORITY OF THE SECRETARY.—The certification by the 

Secretary referred to in subsection (a)(2) may not be delegated, 

and shall not be subject to judicial review. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.