Libyan Claims Resolution Act
PL 110-301 (S.3370), enacted 08/04/2008

122 STAT. 2999 
PUBLIC LAW 110–301—AUG. 4, 2008 
Public Law 110–301 
110th Congress 
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 terrorism- 
related 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 Immigra-
tion 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 provi-
sion 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 ter-
rorism-related claims against Libya through a comprehensive settle-
ment 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. 
28 USC 1605A 
note. 
28 USC 1605A 
note. 
28 USC 1605A 
note. 
Libyan Claims 
Resolution Act. 
Aug. 4, 2008 
[S. 3370] 
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122 STAT. 3000 
PUBLIC LAW 110–301—AUG. 4, 2008 
SEC. 4. ENTITY TO ASSIST IN IMPLEMENTATION OF CLAIMS AGREE-
MENT. 
(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 sub-
section (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 addi-
tion 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 Sec-
retary 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 agree-
ment. 
(c) NONAPPLICABILITY OF THE GOVERNMENT CORPORATION CON-
TROL 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 con-
tained 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; 
28 USC 1605A 
note. 
Federal Register, 
publication. 
28 USC 1605A 
note. 
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122 STAT. 3001 
PUBLIC LAW 110–301—AUG. 4, 2008 
28 U.S.C. 1605A note), section 589 of the Foreign Oper-
ations, Export Financing, and Related Programs Appropria-
tions Act, 1997 (28 U.S.C. 1605 note), and any other private 
right of action relating to acts by a state sponsor of ter-
rorism 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, garnish-
ment, or other judicial process brought against property 
of Libya, or property of any agency, instrumentality, offi-
cial, 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 para-
graph 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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122 STAT. 3002 
PUBLIC LAW 110–301—AUG. 4, 2008 
LEGISLATIVE HISTORY—S. 3370: 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
July 31, considered and passed Senate and House. 
(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. 
Approved August 4, 2008. 
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