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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4644 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 491
116th CONGRESS
  2d Session
                                H. R. 4644

                      [Report No. 116-594, Part I]

  To clarify United States policy toward Libya, advance a diplomatic 
  solution to the conflict in Libya, and support the people of Libya.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 11, 2019

Mr. Deutch (for himself, Mr. Wilson of South Carolina, Mr. Ted Lieu of 
 California, and Mr. Malinowski) introduced the following bill; which 
 was referred to the Committee on Foreign Affairs, and in addition to 
 the Committees on the Judiciary, and Financial Services, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

                           November 17, 2020

Additional sponsors: Mr. Allred, Mr. Kinzinger, Mr. Gonzalez of Texas, 
 Mr. Reschenthaler, Mr. Trone, Mr. Cicilline, Mr. Vela, Mr. Wenstrup, 
                 Mr. Sires, Mr. Sherman, and Mr. Taylor

                           November 17, 2020

    Reported from the Committee on Foreign Affairs with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           November 17, 2020

    Committees on the Judiciary and Financial Services discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on October 
                               11, 2019]

_______________________________________________________________________

                                 A BILL

 
  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.

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).
    (c) Updates of List.--The President shall submit to the appropriate 
congressional committees an updated list under subsection (b)--
            (1) not later than 180 days after the date of the enactment 
        of this Act and annually thereafter for a period of 5 years; or
            (2) as new information becomes available.
    (d) Form.--The list required by subsection (b) 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.
                                                 Union Calendar No. 491

116th CONGRESS

  2d Session

                               H. R. 4644

                      [Report No. 116-594, Part I]

_______________________________________________________________________

                                 A BILL

  To clarify United States policy toward Libya, advance a diplomatic 
  solution to the conflict in Libya, and support the people of Libya.

_______________________________________________________________________

                           November 17, 2020

    Reported from the Committee on Foreign Affairs with an amendment

                           November 17, 2020

    Committees on the Judiciary and Financial Services discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```