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Case 1:06-cv-00734-RBW Document 47-2 Filed 08/12/2008 Page 1 of 5

Exhibit A

Case 1:06-cv-00734-RBW Document 47-2 Filed 08/12/2008 Page 2 of 5

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 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;

(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.

and

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.

Case 1:06-cv-00734-RBW Document 47-2 Filed 08/12/2008 Page 3 of 5

S. 3370—2

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;

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S. 3370—3

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-

(A) by the Secretary to the appropriate congressional

graph is a certification—

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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S. 3370—4

(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.