II 

110TH CONGRESS 

2D SESSION S. 3370 

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

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2008 

Mr. BIDEN (for himself, Mr. LUGAR, Mr. LAUTENBERG, Mr. WARNER, Mr. 

LEAHY, Mr. LEVIN, and Mr. VOINOVICH) introduced the following bill; 

which was read twice, considered, read the third time, and passed 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Libyan Claims Resolu5 tion Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the term ‘‘appropriate congressional com9 mittees’’ means the Committee on Foreign Relations 

10 and the Committee on the Judiciary of the Senate 


smartinez on PROD1PC64 with BILLS
2 

•S 3370 CPS

1 and the Committee on Foreign Affairs and the Com2 mittee on the Judiciary of the House of Representa3 tives; 

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

5 international agreement between the United States 

6 and Libya, binding under international law, that 

7 provides for the settlement of terrorism-related 

8 claims of nationals of the United States against 

9 Libya through fair compensation; 

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

11 has the meaning given that term in section 

12 101(a)(22) of the Immigration and Nationality Act 

13 (8 U.S.C. 1101(a)(22)); 

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

15 of State; and 

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

17 means a country the government of which the Sec18 retary has determined, for purposes of section 6(j) 

19 of the Export Administration Act of 1979 (50 

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

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

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

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

24 has repeatedly provided support for acts of inter25 national terrorism. 


smartinez on PROD1PC64 with BILLS
3 

•S 3370 CPS

1 SEC. 3. SENSE OF CONGRESS. 

2 Congress supports the President in his efforts to pro3 vide fair compensation to all nationals of the United 

4 States who have terrorism-related claims against Libya 

5 through a comprehensive settlement of claims by such na6 tionals against Libya pursuant to an international agree7 ment between the United States and Libya as a part of 

8 the process of restoring normal relations between Libya 

9 and the United States. 

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

11 AGREEMENT. 

12 (a) DESIGNATION OF ENTITY.— 

13 (1) DESIGNATION.—The Secretary, by publica14 tion in the Federal Register, may, after consultation 

15 with the appropriate congressional committees, des16 ignate 1 or more entities to assist in providing com17 pensation to nationals of the United States, pursu18 ant to a claims agreement. 

19 (2) AUTHORITY OF THE SECRETARY.—The des20 ignation of an entity under paragraph (1) is within 

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

22 delegated. The designation shall not be subject to ju23 dicial review. 

24 (b) IMMUNITY.— 

25 (1) PROPERTY.— 


smartinez on PROD1PC64 with BILLS
4 

•S 3370 CPS

1 (A) IN GENERAL.—Notwithstanding any 

2 other provision of law, if the Secretary des3 ignates any entity under subsection (a)(1), any 

4 property described in subparagraph (B) of this 

5 paragraph shall be immune from attachment or 

6 any other judicial process. Such immunity shall 

7 be in addition to any other applicable immunity. 

8 (B) PROPERTY DESCRIBED.—The property 

9 described in this subparagraph is any property 

10 that— 

11 (i) relates to the claims agreement; 

12 and 

13 (ii) for the purpose of implementing 

14 the claims agreement, is— 

15 (I) held by an entity designated 

16 by the Secretary under subsection 

17 (a)(1); 

18 (II) transferred to the entity; or 

19 (III) transferred from the entity. 

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

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

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

23 be liable in any Federal or State court for any ac24 tion taken to implement a claims agreement. 


smartinez on PROD1PC64 with BILLS
5 

•S 3370 CPS

1 (c) NONAPPLICABILITY OF THE GOVERNMENT COR2 PORATION CONTROL ACT.—An entity designated by the 

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

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

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

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

7 LIBYA. 

8 (a) IMMUNITY.— 

9 (1) IN GENERAL.—Notwithstanding any other 

10 provision of law, upon submission of a certification 

11 described in paragraph (2)— 

12 (A) Libya, an agency or instrumentality of 

13 Libya, and the property of Libya or an agency 

14 or instrumentality of Libya, shall not be subject 

15 to the exceptions to immunity from jurisdiction, 

16 liens, attachment, and execution contained in 

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

18 section 1610 relates to a judgment under such 

19 section 1605A or 1605(a)(7)) of title 28, 

20 United States Code; 

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

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

23 Defense Authorization Act for Fiscal Year 2008 

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

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


smartinez on PROD1PC64 with BILLS
6 

•S 3370 CPS

1 Operations, Export Financing, and Related 

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

3 1605 note), and any other private right of ac4 tion relating to acts by a state sponsor of ter5 rorism arising under Federal, State, or foreign 

6 law shall not apply with respect to claims 

7 against Libya, or any of its agencies, instru8 mentalities, officials, employees, or agents in 

9 any action in a Federal or State court; and 

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

11 garnishment, or other judicial process brought 

12 against property of Libya, or property of any 

13 agency, instrumentality, official, employee, or 

14 agent of Libya, in connection with an action 

15 that would be precluded by subparagraph (A) 

16 or (B) shall be void. 

17 (2) CERTIFICATION.—A certification described 

18 in this paragraph is a certification— 

19 (A) by the Secretary to the appropriate 

20 congressional committees; and 

21 (B) stating that the United States Govern22 ment has received funds pursuant to the claims 

23 agreement that are sufficient to ensure— 

24 (i) payment of the settlements re25 ferred to in section 654(b) of division J of 


smartinez on PROD1PC64 with BILLS
7 

•S 3370 CPS

1 the Consolidated Appropriations Act, 2008 

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

3 and 

4 (ii) fair compensation of claims of na5 tionals of the United States for wrongful 

6 death or physical injury in cases pending 

7 on the date of enactment of this Act 

8 against Libya arising under section 1605A 

9 of title 28, United States Code (including 

10 any action brought under section 

11 1605(a)(7) of title 28, United States Code, 

12 or section 589 of the Foreign Operations, 

13 Export Financing, and Related Programs 

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

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

16 action had originally been filed under 

17 1605A(c) of title 28, United States Code, 

18 pursuant to section 1083(c) of the Na19 tional Defense Authorization Act for Fiscal 

20 Year 2008 (Public Law 110–181; 122 

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

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

23 only with respect to any conduct or event occurring before 

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


smartinez on PROD1PC64 with BILLS
8 

•S 3370 CPS

1 which, application of that subsection affects any action 

2 filed before, on, or after that date. 

3 (c) AUTHORITY OF THE SECRETARY.—The certifi4 cation by the Secretary referred to in subsection (a)(2) 

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

6 review. 

Æ 


smartinez on PROD1PC64 with BILLS