[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4644 Referred in Senate (RFS)]
<DOC>
116th CONGRESS
2d Session
H. R. 4644
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 30, 2020
Received; read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
AN ACT
To clarify United States policy toward Libya, advance a diplomatic
solution to the conflict in Libya, and support the people of Libya.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Libya
Stabilization Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; statement of policy.
TITLE I--IDENTIFYING CHALLENGES TO STABILITY IN LIBYA
Sec. 101. Report on activities of certain foreign governments and
actors in Libya.
Sec. 102. Report of Russian activities and objectives in Libya.
Sec. 103. Determination of sanctionable activities of the Libyan
National Army with respect to Syria.
TITLE II--ACTIONS TO ADDRESS FOREIGN INTERVENTION IN LIBYA
Sec. 201. Sanctions with respect to foreign persons leading, directing,
or supporting certain foreign government
involvement in Libya.
Sec. 202. Sanctions with respect to foreign persons threatening the
peace or stability of Libya.
Sec. 203. Sanctions with respect to foreign persons who are responsible
for or complicit in gross violations of
internationally recognized human rights
committed in Libya.
Sec. 204. Sanctions described.
Sec. 205. Waiver.
Sec. 206. Implementation and regulatory authority.
Sec. 207. Exception relating to importation of goods.
Sec. 208. Definitions.
Sec. 209. Suspension of sanctions.
Sec. 210. Sunset.
TITLE III--ASSISTANCE FOR LIBYA
Sec. 301. Humanitarian relief for the people of Libya and international
refugees and migrants in Libya.
Sec. 302. Support for democratic governance, elections, and civil
society.
Sec. 303. Engaging international financial institutions to advance
Libyan economic recovery and improve public
sector financial management.
Sec. 304. Recovering assets stolen from the Libyan people.
TITLE IV--DETERMINATION OF BUDGETARY EFFECTS
Sec. 401. Determination of budgetary effects.
SEC. 2. FINDINGS; STATEMENT OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) The stability and territorial unity of Libya is
critical to the security of the United States, Europe, North
Africa, and the Sahel, as well as maritime routes in the
southern Mediterranean Sea.
(2) United States Africa Command (AFRICOM) identifies
containing instability in Libya as one of its six main lines of
effort in Africa and works to support diplomatic efforts to
reconstitute the Libyan State and to disrupt terrorist
organizations that impede that process or threaten United
States interests.
(3) According to the Defense Intelligence Agency, the
Islamic State in Libya (ISIS-Libya) is ``degraded''. However,
Secretary of Defense Mark Esper said in November 2019 that
there is a continued need for lethal operations to keep ISIS-
Libya in a degraded state.
(4) On April 4, 2019, Khalifa Haftar, the commander of the
Libyan National Army (LNA) ordered forces loyal to him to begin
a unilateral military operation to take control of Tripoli, the
capital of Libya and seat of the Government of National Accord
(GNA), an interim body that emerged from previous United
Nations-backed negotiations which the United States Government
and the United Nations Security Council have recognized since
2015.
(5) Both the LNA, the GNA, and their associated forces have
failed to observe their obligations under international
humanitarian law, increased the geographic scope of the
conflict, ignored calls for de-escalation and a ceasefire,
recruited foreign mercenaries, and intensified ground and air
campaigns using heavy weapons, aircraft, and reportedly using
armed drones provided by foreign powers.
(6) According to then-United Nations Special Representative
and Head of the United Nations Support Mission in Libya
(UNSMIL), Ghassan Salame, weapons provided by foreign powers to
the warring parties in violation of the United Nations arms
embargo are being sold to or captured by terrorist groups
active in Libya.
(7) According to the United Nations, since the LNA
offensive began in April 2019, the conflict in Libya has led to
the deaths of more than 2,200 people and the displacement of
more than 150,000 people.
(8) All sides of the conflict have requisitioned the houses
of civilians, targeted medical facilities, and inhibited
humanitarian access to food, health, and other life-saving
services, worsening humanitarian conditions.
(9) More than 2,200 refugees and migrants are detained in
detention facilities in Libya with serious risks of torture,
starvation, sexual abuse, and death. On July 2, 2019, an
airstrike against the Tajura Detention Center killed 53 and
wounded 130 people trapped in the center. The United Nations
has called for the immediate release, evacuation, and
protection of refugees and migrants detained in conflict zones.
(10) The Department of State's 2020 Trafficking in Persons
Report states with regard to Libya, ``Trafficking victims--
including men, women, and children--are highly vulnerable to
extreme violence and other human rights violations in Libya by
governmental and non-state armed groups, including: physical,
sexual, and verbal assault; abduction for ransom; extortion;
arbitrary killings; inhumane detention; and child soldiering. .
.Migrants in Libya are extremely vulnerable to sex and labor
trafficking [and . . .] are vulnerable to exploitation by state
and non-state actors, including employers who refuse to pay
laborers' wages.''.
(11) In November 2019, the GNA and the Government of Turkey
signed a Memorandum of Understanding on maritime boundaries in
the Mediterranean Sea.
(12) According to a July 2020 Department of Defense
Inspector General report, the Wagner Group, a Russian private
military company, has deployed as many as 2,500 mercenary
forces, including some Syrian fighters, advanced equipment, and
advanced capabilities to support the LNA and Russian objectives
in North Africa.
(13) According to a July 2020 Department of Defense
Inspector General report, ``Turkey's president acknowledged
that his country sent many Syrian militants to Libya to support
the Government of National Accord (GNA). . ..USAFRICOM
estimated that 3,500 Syrian mercenaries were in Libya
supporting the GNA as of the end of March. Citing press
reports, USAFRICOM stated that an additional 300 Turkish-
supported `Syrian opposition' fighters arrived in Libya in
early April.''.
(14) In January 2020, LNA-aligned forces shut down oil
production in eastern Libya, which according to the United
Nations threatens devastating consequences for the Libyan
people and for the country's economic and financial situation.
(15) On January 19, 2020, at a peace conference in Berlin,
representatives of the Governments of Algeria, China, Egypt,
France, Germany, Italy, Russia, Turkey, the Republic of Congo,
the United Arab Emirates, the United Kingdom, and the United
States, as well as regional and multilateral organizations,
agreed to refrain from interference in Libya's internal
affairs, abide by the United Nations arms embargo, and advance
a 55-point communique to resolve the conflict in Libya.
(16) On January 30, 2020, then-United Nations Special
Representative Salame asserted, ``the warring parties have
continued to receive advanced equipment, fighters, and advisors
from foreign states, in violation of the UN arms embargo and
pledges made by representatives of these countries in Berlin''.
(17) On February 12, 2020, the United States Assistant
Secretary of State for Near Eastern Affairs testified before
the Senate Foreign Relations Committee, ``The task of bringing
the Libyans back to the negotiating table has been complicated
by the involvement of external actors. Libya is not the place
for Russian mercenaries, or fighters from Syria, Chad, and
Sudan. It is not the place for the Emiratis, Russians, or Turks
to be fighting battles on the ground through intermediaries
they sponsor or support with sophisticated and deadly equipment
in pursuit of their own agendas.''.
(18) On February 13, 2020, the United Nations Security
Council adopted Resolution 2510, which endorses the Conclusions
of the International Conference on Libya held in Berlin,
affirms the need for a lasting ceasefire, demands full
compliance by all member states with the United Nations arms
embargo, and expresses unequivocal support for the United
Nations Special Representative and the ongoing UNSMIL-
facilitated intra-Libyan dialogue.
(b) Statement of Policy.--It is the policy of the United States--
(1) to advance a peaceful resolution to the conflict in
Libya through a political process as the best way to secure
United States interests, ensure a stable and unified Libya,
reduce the threat of terrorism, and provide peace and
opportunity to the Libyan people;
(2) to support the implementation of United Nations
Security Council Resolutions 1970 (2011) and 1973 (2011), which
established an arms embargo on Libya, and subsequent
resolutions modifying and extending the embargo;
(3) to enforce Executive Order 13726 (81 Fed. Reg. 23559;
relating to blocking property and suspending entry into the
United States of persons contributing to the situation in Libya
(April 19, 2016)), designed to target individuals or entities
who ``threaten the peace, security, and stability of Libya'';
(4) to oppose attacks on civilians, medical workers, and
critical infrastructure, including water supplies, in Libya,
and to support accountability for those engaged in such heinous
actions;
(5) to support Libya's sovereignty, independence,
territorial integrity, and national unity consistent with
United Nations Security Council Resolution 2510 (2020) and all
predecessor resolutions with respect to Libya, including by--
(A) taking action to end the violence and flow of
arms;
(B) rejecting attempts by any party to illicitly
export Libya's oil; and
(C) urging Libyan parties to eject foreign military
and mercenary forces;
(6) to leverage diplomatic relations to convince the
parties to the conflict in Libya to immediately de-escalate and
halt their current fighting and persuade foreign powers to stop
providing personnel, including mercenaries, weapons, and
financing that exacerbate the conflict;
(7) to support building on the Libyan Political Agreement
as a viable framework for the political solution in Libya and
to urge all Libyan parties to resume the inclusive Libyan-led
and Libyan-owned political process under the auspices of
UNSMIL;
(8) to support a negotiated and peaceful political solution
that includes a single, unified, inclusive, and effective
Libyan Government approved by the Libyan House of
Representatives, the end of a transitional period achieved
through free, fair, inclusive, and credible elections, a fair
and transparent allocation of resources, interim security
arrangements, and a process for the reunification of Libyan
government ministries and Libyan sovereign institutions,
including the Central Bank of Libya, the National Oil
Corporation, and the Libyan Investment Authority;
(9) to support constant, unimpeded, and reliable
humanitarian access to those in need and to hold accountable
those who impede or threaten the delivery of humanitarian
assistance;
(10) to seek to bring an end to trafficking in persons such
as slavery, forced labor, and sexual exploitation, including
with respect to migrants;
(11) to advocate for the immediate release and safe
evacuations of detained refugees and migrants trapped by the
fighting in Libya;
(12) to encourage implementation of UNSMIL's plan for the
organized and gradual closure of migrant detention centers in
Libya;
(13) to support current and future democratic and economic
development; and
(14) to discourage all parties from heightening tensions in
the region, through unhelpful and provocative actions.
TITLE I--IDENTIFYING CHALLENGES TO STABILITY IN LIBYA
SEC. 101. REPORT ON ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS AND
ACTORS IN LIBYA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Director of National Intelligence, shall submit to the appropriate
congressional committees a report that includes--
(1) a description of the full extent of involvement in
Libya by foreign governments, including the Governments of
Russia, Turkey, the United Arab Emirates, Egypt, Sudan, Chad,
China, Saudi Arabia, and Qatar, including--
(A) a description of which governments are linked
to drone and aircraft strikes;
(B) a list of the types and estimated amounts of
equipment transferred by each government described in
this paragraph to the parties to the conflict,
including foreign military contractors, mercenaries, or
paramilitary forces operating in Libya; and
(C) an estimate of the financial support provided
by each government described in this paragraph to the
parties to the conflict, including foreign military
contractors, mercenaries, or paramilitary forces
operating in Libya;
(2) an analysis and determination of whether the actions by
the governments described in paragraph (1) violate the arms
embargo with respect to Libya under United Nations Security
Council Resolution 2473 (2019) and other relevant Security
Council resolutions;
(3) a list of the specific offending materiel or financial
support transfers provided by a government described in
paragraph (1) that violate the arms embargo with respect to
Libya under United Nations Security Council Resolution 2473
(2019) and other relevant Security Council resolutions;
(4) a description of the activities of each foreign armed
group, including the Russian Wagner Group, Turkish military
contractors and mercenaries, affiliates of ISIS, al-Qaida in
the Islamic Maghreb (AQIM), and Ansar al-Sharia, in Libya;
(5) a description of European Union and North Atlantic
Treaty Organization (NATO) efforts to enforce the United
Nations arms embargo and facilitate a ceasefire;
(6) a description of any violations of the arms embargo by
European Union member states; and
(7) a description of United States diplomatic engagement
with the European Union and NATO regarding enforcement of the
United Nations arms embargo.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 102. REPORT OF RUSSIAN ACTIVITIES AND OBJECTIVES IN LIBYA.
(a) Findings.--Congress makes the following findings:
(1) General Stephen Townsend, Commander of United States
Africa Command (AFRICOM), warned in January 2020 that in Libya,
Russia seeks to ``demonstrate itself as an alternative partner
to the West'' and seeks to position itself alongside the
southern flank of the North Atlantic Treaty Organization
(NATO).
(2) AFRICOM has also stated that the Russian military
presence in Libya threatens future United States military
partnerships and counterterrorism cooperation by impeding
United States access to Libya.
(3) In May 2020, AFRICOM reported that the Government of
Russia deployed 14 MiG-29 and Su-24 aircraft to Libya to
support Russian state-sponsored private military contractors,
including the Wagner Group.
(b) Report.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report that contains
an assessment of Russian activities and objectives in Libya,
including--
(A) the potential threat such activities pose to
the United States, southern Europe, NATO, and partners
in the Mediterranean Sea and North African region;
(B) the direct role of Russia in Libyan financial
affairs, to include issuing and printing currency; and
(C) Russia's use of mercenaries, military
contractors, equipment, and paramilitary forces in
Libya.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs of the House
of Representatives; and
(B) the Committee on Foreign Relations of the
Senate.
SEC. 103. DETERMINATION OF SANCTIONABLE ACTIVITIES OF THE LIBYAN
NATIONAL ARMY WITH RESPECT TO SYRIA.
Not later than 180 days after the date of the enactment of this
Act, the President shall submit to the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign Relations of
the Senate a list of members of the Libyan National Army (LNA), and
details of their activities, that the President determines are
knowingly responsible for sanctionable offenses pursuant to--
(1) section 7412 of the Caesar Syria Civilian Protection
Act of 2019 (22 U.S.C. 8791 note; 133 Stat. 2292); or
(2) Executive Order 13582 (76 Fed. Reg. 52209; relating to
blocking property of the Government of Syria and prohibiting
certain transactions with respect to Syria (August 17, 2011)).
TITLE II--ACTIONS TO ADDRESS FOREIGN INTERVENTION IN LIBYA
SEC. 201. SANCTIONS WITH RESPECT TO FOREIGN PERSONS LEADING, DIRECTING,
OR SUPPORTING CERTAIN FOREIGN GOVERNMENT INVOLVEMENT IN
LIBYA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall impose each of the sanctions
described in section 204 with respect to each foreign person that the
President determines knowingly engages in an activity described in
subsection (b).
(b) Activities Described.--A foreign person engages in an activity
described in this subsection if the person leads, directs, or provides
significant financial, material, or technological support to, or
knowingly engages in a significant transaction with, a non-Libyan
foreign person that is--
(1) in Libya in a military or commercial capacity as a
military contractor, mercenary, or part of a paramilitary
force; and
(2) engaged in significant actions that threaten the peace,
security, or stability of Libya.
SEC. 202. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THREATENING THE
PEACE OR STABILITY OF LIBYA.
(a) Imposition of Sanctions.--The President shall impose each of
the sanctions described in section 204 with respect to each foreign
person on the list required by subsection (b).
(b) List.--Not later than 180 days after the date of the enactment
of this Act, the President shall submit to the appropriate
congressional committees a list of--
(1) foreign persons, including senior government officials,
militia leaders, paramilitary leaders, and other persons who
provide significant support to militia or paramilitary groups
in Libya, that the President determines are knowingly--
(A) engaged in significant actions or policies that
threaten the peace, security, or stability of Libya,
including any supply of arms or related materiel in
violation of a United Nations Security Council
resolution with respect to Libya;
(B) engaged in significant actions or policies that
obstruct, undermine, delay, or impede, or pose a
significant risk of obstructing, undermining, delaying,
or impeding the United Nations-mediated political
process that seeks a negotiated and peaceful solution
to the Libyan crisis;
(C) engaged in significant actions that may lead to
or result in the misappropriation of significant state
assets of Libya;
(D) involved in, or has been involved in, the
significant illicit exploitation of crude oil or any
other natural resources in Libya, including the
significant illicit production, refining, brokering,
sale, purchase, or export of Libyan oil;
(E) significantly threatening or coercing Libyan
state financial institutions or the Libyan National Oil
Company; or
(F) significantly responsible for actions or
policies that are intended to undermine efforts to
promote stabilization and economic recovery in Libya;
(2) foreign persons that the President determines are
successor entities to persons referred to in subparagraphs (A)
through (F) of paragraph (1); and
(3) foreign persons that the President determines--
(A) own or control, or are owned or controlled by,
a person referred to in any of subparagraphs (A)
through (F) of paragraph (1) or paragraph (2); and
(B) have provided, or attempted to provide,
significant financial, material, technological, or
other support for, or goods or services in support of,
a person referred to in any of subparagraphs (A)
through (F) of paragraph (1) or paragraph (2) for
purposes of engaging in any activity listed in such
subparagraphs (A) through (F) of paragraph (1).
(4) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 180 days after the date of the
enactment of this Act and annually thereafter for a
period of 5 years; or
(B) as new information becomes available.
(5) Form.--The list required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 203. SANCTIONS WITH RESPECT TO FOREIGN PERSONS WHO ARE RESPONSIBLE
FOR OR COMPLICIT IN GROSS VIOLATIONS OF INTERNATIONALLY
RECOGNIZED HUMAN RIGHTS COMMITTED IN LIBYA.
(a) Imposition of Sanctions.--The President shall impose each of
the sanctions described in section 204 with respect to each foreign
person on the list required by subsection (b).
(b) List of Persons.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of foreign persons,
including senior government officials, militia leaders,
paramilitary leaders, and other persons who provide significant
support to militia or paramilitary groups in Libya, that the
President determines are knowingly responsible for or complicit
in, or have directly or indirectly engaged in, gross violations
of internationally recognized human rights committed in Libya.
(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 180 days after the date of the
enactment of this Act and annually thereafter for a
period of 5 years; or
(B) as new information becomes available.
(3) Form.--The list required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 204. SANCTIONS DESCRIBED.
(a) Sanctions Described.--The sanctions to be imposed with respect
to a foreign person under section 201, 202, or 203 are the following:
(1) Blocking of property.--The President shall exercise all
of the powers granted to the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except
that the requirements of section 202 of such Act (50 U.S.C.
1701) shall not apply) to the extent necessary to block and
prohibit all transactions in property and interests in property
of the person if such property and interests in property are in
the United States, come within the United States, or are or
come within the possession or control of a United States
person.
(2) Inadmissibility of certain individuals.--
(A) Ineligibility for visas, admission, or
parole.--A foreign person who meets any of the criteria
described section 201, 202, or 203 is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--A foreign person
subject to section 201, 202, or 203 is subject to the
following:
(i) Revocation of any visa or other entry
documentation regardless of when the visa or
other entry documentation is or was issued.
(ii) A revocation under clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the foreign person's possession.
(b) Penalties.--The penalties provided for in subsections (b) and
(c) of section 206 of the International Emergency Economic Powers Act
(50 U.S.C. 1705) shall apply to a person that violates, attempts to
violate, conspires to violate, or causes a violation of regulations
promulgated under section 306(2) to carry out subsection (a)(1) to the
same extent that such penalties apply to a person that commits an
unlawful act described in section 206(a) of that Act.
(c) Exception.--Sanctions under subsection (a)(2) shall not apply
to an alien if admitting or paroling the alien into the United States
is necessary to permit the United States to comply with the Agreement
regarding the Headquarters of the United Nations, signed at Lake
Success June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or other applicable
international obligations of the United States.
(d) Exception to Comply With National Security.--The following
activities shall be exempt from sanctions under this section:
(1) Activities subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.).
(2) Any authorized intelligence or law enforcement
activities of the United States.
SEC. 205. WAIVER.
The President may waive the application of sanctions imposed on a
foreign person under this title if the President--
(1) determines that such a waiver is in the national
interest of the United States; and
(2) not later than the date on which such waiver will take
effect, submits to the appropriate congressional committees a
notice of and justification for such waiver.
SEC. 206. IMPLEMENTATION AND REGULATORY AUTHORITY.
The President--
(1) is authorized to exercise all authorities provided to
the President under sections 203 and 205 of the International
Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to
carry out this title; and
(2) shall issue such regulations, licenses, and orders as
are necessary to carry out this title.
SEC. 207. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this title shall not include the authority or
requirement to impose sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means any
article, natural or man-made substance, material, supply or
manufactured product, including inspection and test equipment and
excluding technical data.
SEC. 208. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
(2) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(3) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(4) Foreign government.--The term ``foreign government''
means any government of a country other than the United States.
(5) Knowingly.--The term ``knowingly'' with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(6) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or
an alien lawfully admitted for permanent residence to
the United States; or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
(7) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given such term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 209. SUSPENSION OF SANCTIONS.
(a) In General.--The President may suspend in whole or in part the
imposition of sanctions otherwise required under this title for periods
not to exceed 90 days if the President determines that the parties to
the conflict in Libya have agreed to and are upholding a sustainable,
good-faith ceasefire in support of a lasting political solution in
Libya.
(b) Notification Required.--Not later than 30 days after the date
on which the President makes a determination to suspend the imposition
of sanctions as described in subsection (a), the President shall submit
to the appropriate congressional committees a notification of the
determination.
(c) Reimposition of Sanctions.--Any sanctions suspended under
subsection (a) shall be reimposed if the President determines that the
criteria described in that subsection are no longer being met.
SEC. 210. SUNSET.
The requirement to impose sanctions under this title shall cease to
be effective on December 31, 2024.
TITLE III--ASSISTANCE FOR LIBYA
SEC. 301. HUMANITARIAN RELIEF FOR THE PEOPLE OF LIBYA AND INTERNATIONAL
REFUGEES AND MIGRANTS IN LIBYA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should--
(A) continue efforts to address Libya's
humanitarian crisis;
(B) leverage diplomatic relations with the warring
parties to guarantee constant, reliable humanitarian
access by frontline providers in Libya;
(C) leverage diplomatic relations with the warring
parties, the United Nations, and the European Union to
encourage the voluntary safe passage of detained
vulnerable migrants and refugees from the conflict
zones in Libya; and
(D) support efforts to document and publicize gross
violations of internationally recognized human rights
and international humanitarian law, including efforts
related to trafficking in persons such as slavery,
forced labor, and sexual exploitation, and hold
perpetrators accountable; and
(2) humanitarian assistance to address the crisis in Libya
should be targeted toward those most in need and delivered
through partners that uphold internationally recognized
humanitarian principles, with robust monitoring to ensure
assistance is reaching intended beneficiaries.
(b) Assistance Authorized.--The Administrator of the United States
Agency for International Development, in coordination with the
Secretary of State, should continue to support humanitarian assistance
to individuals and communities in Libya, including--
(1) health assistance, including logistical and technical
assistance to hospitals, ambulances, and health clinics in
affected communities, including migrant communities, and
provision of basic public health commodities;
(2) services, such as medicines and medical supplies and
equipment;
(3) assistance to provide--
(A) protection, food, and shelter, including to
migrant communities; and
(B) water, sanitation, and hygiene (commonly
referred to as ``WASH''); and
(4) technical assistance to ensure health, food, and
commodities are appropriately selected, procured, targeted,
monitored, and distributed.
(c) Strategy.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development, shall submit to the appropriate congressional committees a
strategy on the following:
(1) How the United States, working with relevant foreign
governments and multilateral organizations, plans to address
the humanitarian situation in Libya.
(2) Diplomatic efforts by the United States to encourage
strategic burden-sharing with international donors, including
foreign governments and multilateral organizations on efforts
to improve the humanitarian situation in Libya.
(3) How to address humanitarian access challenges and
ensure protection for vulnerable refugees and migrants,
including protection from trafficking in persons such as
slavery, forced labor, and sexual exploitation.
(4) How the United States is mitigating risk, utilizing
third party monitors, and ensuring effective delivery of
assistance.
(d) Diplomatic Engagement.--The Secretary of State, in consultation
with the Administrator of the United States Agency for International
Development, should work with relevant foreign governments and
multilateral organizations to coordinate a high-level summit with
respect to Libya in order to--
(1) advance a ceasefire;
(2) facilitate a political process to achieve such a
ceasefire; and
(3) coordinate donations to advance the provision of
humanitarian assistance to the people of Libya and
international migrants and refugees in Libya in order to carry
out the strategy required by subsection (c).
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
SEC. 302. SUPPORT FOR DEMOCRATIC GOVERNANCE, ELECTIONS, AND CIVIL
SOCIETY.
(a) In General.--The Secretary of State shall coordinate United
States Government efforts to--
(1) support efforts to resolve the current civil conflict
in Libya;
(2) work to help the people of Libya and a future Libyan
government develop functioning, unified Libyan economic,
security, and governing institutions;
(3) work to ensure free, fair, inclusive, and credible
elections organized by an independent and effective High
National Elections Commission in Libya, including through
supporting electoral security and international election
observation and by providing training and technical assistance
to institutions with election-related responsibilities, as
appropriate;
(4) work with the people of Libya, nongovernmental
organizations, and Libyan institutions to strengthen democratic
governance, reinforce civilian institutions and support
decentralization in order to address community grievances,
promote social cohesion, mitigate drivers of violent extremism,
and help communities recover from Islamic State occupation;
(5) defend against gross violations of internationally
recognized human rights in Libya, including by supporting
efforts to document such violations;
(6) to combat corruption and improve the transparency and
accountability of Libyan government institutions; and
(7) to support the efforts of independent media outlets to
broadcast, distribute, and share information with the Libyan
people.
(b) Risk Mitigation and Assistance Monitoring.--The Secretary of
State and Administrator of the United States Agency for International
Development shall ensure that appropriate steps are taken to mitigate
risk of diversion of assistance for Libya and ensure reliable third-
party monitoring is utilized for projects in Libya that United States
Government personnel are unable to access and monitor.
(c) Report.--
(1) In general.--Not later than 180 days after enactment of
this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development, shall submit to the appropriate congressional
committees a report on the activities carried out under
subsection (a).
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$23,000,000 for fiscal year 2021 to carry out subsection (a).
(2) Notification requirements.--Any expenditure of amounts
made available to carry out subsection (a) shall be subject to
the notification requirements applicable to--
(A) expenditures from the Economic Support Fund
under section 531(c) of the Foreign Assistance Act of
1961 (22 U.S.C. 2346(c)); and
(B) expenditures from the Development Assistance
Fund under section 653(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2413(a)).
SEC. 303. ENGAGING INTERNATIONAL FINANCIAL INSTITUTIONS TO ADVANCE
LIBYAN ECONOMIC RECOVERY AND IMPROVE PUBLIC SECTOR
FINANCIAL MANAGEMENT.
(a) In General.--The Secretary of the Treasury shall instruct the
United States Executive Director at each international financial
institution to use the voice, vote, and influence of the United States
to support, in a way that is consistent with broader United States
national interests, a Libyan-led process to develop a framework for the
economic recovery of Libya and improved public sector financial
management, complementary to United Nations-led peace efforts and in
support of the future establishment of a sovereign state with
democratic institutions and the rule of law in Libya.
(b) Additional Elements.--To the extent consistent with broader
United States national interests, the framework described in subsection
(a) shall include the following policy proposals:
(1) To restore, respect, and safeguard the integrity,
unity, and lawful governance of Libya's key economic ministries
and institutions, in particular the Central Bank of Libya, the
Libya Investment Authority, the National Oil Corporation, and
the Audit Bureau (AB).
(2) To improve the accountability and effectiveness of
Libyan authorities, including sovereign economic institutions,
in providing services and opportunity to the Libyan people.
(3) To assist in improving public financial management and
reconciling the public accounts of national financial
institutions and letters of credit issued by private Libyan
financial institutions as needed pursuant to a political
process.
(4) To restore the production, efficient management, and
development of Libya's oil and gas industries so such
industries are resilient against malign foreign influence and
can generate prosperity on behalf of the Libyan people.
(5) To promote the development of private sector
enterprise.
(6) To improve the transparency and accountability of
public sector employment and wage distribution.
(7) To strengthen supervision of and reform of Libyan
financial institutions.
(8) To eliminate exploitation of price controls and market
distorting subsidies in the Libyan economy.
(9) To support opportunities for United States businesses.
(c) Consultation.--In supporting the framework described in
subsection (a), the Secretary of the Treasury shall instruct the United
States Executive Director at each international financial institution
to encourage the institution to consult with relevant stakeholders in
the financial, governance, and energy sectors.
(d) Definition of International Financial Institution.--In this
section, the term ``international financial institution'' means the
International Monetary Fund, International Bank for Reconstruction and
Development, European Bank for Reconstruction and Development,
International Development Association, International Finance
Corporation, Multilateral Investment Guarantee Agency, African
Development Bank, African Development Fund, Asian Development Bank,
Inter-American Development Bank, Bank for Economic Cooperation and
Development in the Middle East and North Africa, and Inter-American
Investment Corporation.
(e) Termination.--The requirements of this section shall cease to
be effective on December 31, 2024.
SEC. 304. RECOVERING ASSETS STOLEN FROM THE LIBYAN PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of State, the Secretary of the Treasury, and the Attorney
General should, to the extent practicable, advance a coordinated
international effort--
(1) to carry out special financial investigations to
identify and track assets taken from the people and
institutions of Libya through theft, corruption, money
laundering, or other illicit means; and
(2) to work with foreign governments--
(A) to share financial investigations intelligence,
as appropriate;
(B) to oversee the assets identified pursuant to
paragraph (1); and
(C) to provide technical assistance to help
governments establish the necessary legal framework to
carry out asset forfeitures.
(b) Additional Elements.--The coordinated international effort
described in subsection (a) should include input from--
(1) the Office of Terrorist Financing and Financial Crimes
of the Department of the Treasury;
(2) the Financial Crimes Enforcement Network of the
Department of the Treasury; and
(3) the Money Laundering and Asset Recovery Section of the
Department of Justice.
TITLE IV--DETERMINATION OF BUDGETARY EFFECTS
SEC. 401. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives November 18, 2020.
Attest:
CHERYL L. JOHNSON,
Clerk.
Libya Stabilization Act
#4644 | HR Congress #116
Policy Area: International Affairs
Subjects: AfricaAlliancesAsiaChinaConflicts and warsCongressional oversightCriminal investigation, prosecution, interrogationCurrencyDetention of personsDiplomacy, foreign officials, Americans abroadEconomic developmentEgyptElections, voting, political campaign regulationEuropeForeign aid and international reliefForeign and international bankingForeign and international corporationsForeign loans and debtForeign property
Last Action: Received in the Senate and Read twice and referred to the Committee on Foreign Relations. (11/30/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text