110TH CONGRESS 

2D SESSION S. 3370 

AN ACT 

To resolve pending claims against Libya by United States 

nationals, 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, 
2 

•S 3370 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Libyan Claims Resolu3 tion Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act— 

6 (1) the term ‘‘appropriate congressional com7 mittees’’ means the Committee on Foreign Relations 

8 and the Committee on the Judiciary of the Senate 

9 and the Committee on Foreign Affairs and the Com10 mittee on the Judiciary of the House of Representa11 tives; 

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

13 international agreement between the United States 

14 and Libya, binding under international law, that 

15 provides for the settlement of terrorism-related 

16 claims of nationals of the United States against 

17 Libya through fair compensation; 

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

19 has the meaning given that term in section 

20 101(a)(22) of the Immigration and Nationality Act 

21 (8 U.S.C. 1101(a)(22)); 

22 (4) the term ‘‘Secretary’’ means the Secretary 

23 of State; and 

24 (5) the term ‘‘state sponsor of terrorism’’ 

25 means a country the government of which the Sec26 retary has determined, for purposes of section 6(j) 
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1 of the Export Administration Act of 1979 (50 

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

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

4 of the Arms Export Control Act (22 U.S.C. 2780), 

5 or any other provision of law, is a government that 

6 has repeatedly provided support for acts of inter7 national terrorism. 

8 SEC. 3. SENSE OF CONGRESS. 

9 Congress supports the President in his efforts to pro10 vide fair compensation to all nationals of the United 

11 States who have terrorism-related claims against Libya 

12 through a comprehensive settlement of claims by such na13 tionals against Libya pursuant to an international agree14 ment between the United States and Libya as a part of 

15 the process of restoring normal relations between Libya 

16 and the United States. 

17 SEC. 4. ENTITY TO ASSIST IN IMPLEMENTATION OF CLAIMS 

18 AGREEMENT. 

19 (a) DESIGNATION OF ENTITY.— 

20 (1) DESIGNATION.—The Secretary, by publica21 tion in the Federal Register, may, after consultation 

22 with the appropriate congressional committees, des23 ignate 1 or more entities to assist in providing com24 pensation to nationals of the United States, pursu25 ant to a claims agreement. 
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1 (2) AUTHORITY OF THE SECRETARY.—The des2 ignation of an entity under paragraph (1) is within 

3 the sole discretion of the Secretary, and may not be 

4 delegated. The designation shall not be subject to ju5 dicial review. 

6 (b) IMMUNITY.— 

7 (1) PROPERTY.— 

8 (A) IN GENERAL.—Notwithstanding any 

9 other provision of law, if the Secretary des10 ignates any entity under subsection (a)(1), any 

11 property described in subparagraph (B) of this 

12 paragraph shall be immune from attachment or 

13 any other judicial process. Such immunity shall 

14 be in addition to any other applicable immunity. 

15 (B) PROPERTY DESCRIBED.—The property 

16 described in this subparagraph is any property 

17 that— 

18 (i) relates to the claims agreement; 

19 and 

20 (ii) for the purpose of implementing 

21 the claims agreement, is— 

22 (I) held by an entity designated 

23 by the Secretary under subsection 

24 (a)(1); 

25 (II) transferred to the entity; or 
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1 (III) transferred from the entity. 

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

3 Secretary under subsection (a)(1), and any person 

4 acting through or on behalf of such entity, shall not 

5 be liable in any Federal or State court for any ac6 tion taken to implement a claims agreement. 

7 (c) NONAPPLICABILITY OF THE GOVERNMENT COR8 PORATION CONTROL ACT.—An entity designated by the 

9 Secretary under subsection (a)(1) shall not be subject to 

10 chapter 91 of title 31, United States Code (commonly 

11 known as the ‘‘Government Corporation Control Act’’). 

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

13 LIBYA. 

14 (a) IMMUNITY.— 

15 (1) IN GENERAL.—Notwithstanding any other 

16 provision of law, upon submission of a certification 

17 described in paragraph (2)— 

18 (A) Libya, an agency or instrumentality of 

19 Libya, and the property of Libya or an agency 

20 or instrumentality of Libya, shall not be subject 

21 to the exceptions to immunity from jurisdiction, 

22 liens, attachment, and execution contained in 

23 section 1605A, 1605(a)(7), or 1610 (insofar as 

24 section 1610 relates to a judgment under such 
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1 section 1605A or 1605(a)(7)) of title 28, 

2 United States Code; 

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

4 States Code, section 1083(c) of the National 

5 Defense Authorization Act for Fiscal Year 2008 

6 (Public Law 110–181; 122 Stat. 342; 28 

7 U.S.C. 1605A note), section 589 of the Foreign 

8 Operations, Export Financing, and Related 

9 Programs Appropriations Act, 1997 (28 U.S.C. 

10 1605 note), and any other private right of ac11 tion relating to acts by a state sponsor of ter12 rorism arising under Federal, State, or foreign 

13 law shall not apply with respect to claims 

14 against Libya, or any of its agencies, instru15 mentalities, officials, employees, or agents in 

16 any action in a Federal or State court; and 

17 (C) any attachment, decree, lien, execution, 

18 garnishment, or other judicial process brought 

19 against property of Libya, or property of any 

20 agency, instrumentality, official, employee, or 

21 agent of Libya, in connection with an action 

22 that would be precluded by subparagraph (A) 

23 or (B) shall be void. 

24 (2) CERTIFICATION.—A certification described 

25 in this paragraph is a certification— 
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1 (A) by the Secretary to the appropriate 

2 congressional committees; and 

3 (B) stating that the United States Govern4 ment has received funds pursuant to the claims 

5 agreement that are sufficient to ensure— 

6 (i) payment of the settlements re7 ferred to in section 654(b) of division J of 

8 the Consolidated Appropriations Act, 2008 

9 (Public Law 110–161; 121 Stat. 2342); 

10 and 

11 (ii) fair compensation of claims of na12 tionals of the United States for wrongful 

13 death or physical injury in cases pending 

14 on the date of enactment of this Act 

15 against Libya arising under section 1605A 

16 of title 28, United States Code (including 

17 any action brought under section 

18 1605(a)(7) of title 28, United States Code, 

19 or section 589 of the Foreign Operations, 

20 Export Financing, and Related Programs 

21 Appropriations Act, 1997 (28 U.S.C. 1605 

22 note), that has been given effect as if the 

23 action had originally been filed under 

24 1605A(c) of title 28, United States Code, 

25 pursuant to section 1083(c) of the Na-
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1 tional Defense Authorization Act for Fiscal 

2 Year 2008 (Public Law 110–181; 122 

3 Stat. 342; 28 U.S.C. 1605A note)). 

4 (b) TEMPORAL SCOPE.—Subsection (a) shall apply 

5 only with respect to any conduct or event occurring before 

6 June 30, 2006, regardless of whether, or the extent to 

7 which, application of that subsection affects any action 

8 filed before, on, or after that date. 

9 (c) AUTHORITY OF THE SECRETARY.—The certifi10 cation by the Secretary referred to in subsection (a)(2) 

11 may not be delegated, and shall not be subject to judicial 

12 review. 

Passed the Senate July 31, 2008. 

Attest: 

Secretary. 

110TH CONGRESS 

2D SESSION S. 3370 

AN ACT 

To resolve pending claims against Libya by United 

States nationals, and for other purposes.