I

104TH CONGRESS

2D SESSION H. R. 4332

To prohibit United States assistance to foreign governments that provide

landing rights to Libyan aircraft.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 28, 1996

Mr. LANTOS (for himself and Mr. HYDE) introduced the following bill; which

was referred to the Committee on International Relations

A BILL

To prohibit United States assistance to foreign governments

that provide landing rights to Libyan aircraft.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS.

4 The Congress finds the following:

5 (1) Libya has been designated by the Secretary

6 of State under section 40(d) of the Arms Export

7 Control Act (22 U.S.C. 2780(d)) as a state sponsor

8 of terrorism.

9 (2) The Government of Libya has steadfastly

10 refused to hand over for trial the two individuals
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1 currently in Libya who are accused of involvement in

2 the bombing of Pan Am flight 103 over Lockerbie,

3 Scotland, in December 1988, in which 269 individ4 uals, including many United States citizens, lost

5 their lives, and the United Nations Security Council

6 has voted to impose international sanctions against

7 Libya for its failure to hand over for trial these ac8 cused individuals.

9 (3) The Abu Nidal terrorist organization main10 tains a presence in Libya, other terrorist organiza11 tions have repeatedly been invited to Libya, and the

12 Libyan leader Muammar Qadhafi praised as ‘‘he13 roic’’ the October 1994 suicide bombing of a Tel

14 Aviv bus that killed and injured dozens of innocent

15 people.

16 (4) Libya has attempted to subvert and desta17 bilize Arab and African countries by supporting

18 coups, funding and training opposition forces and

19 guerrilla groups, and Libya has, at one time or an20 other, invaded, occupied, or claimed territory in the

21 countries of Niger, Chad, Tunisia, and Algeria.

22 (5) Libya has developed or is developing the ca23 pability to produce chemical weapons, maintains

24 stocks of chemical weapons, and is seeking ballistic

25 missiles capable of delivering such weapons.
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1 SEC. 2. PROHIBITION ON ASSISTANCE TO FOREIGN GOV2 ERNMENTS THAT PROVIDE LANDING RIGHTS

3 TO LIBYAN AIRCRAFT.

4 (a) PROHIBITION.—

5 (1) IN GENERAL.—Notwithstanding any other

6 provision of law, the President may not provide

7 United States assistance to the government of any

8 country that, after the date of the enactment of this

9 Act, provides landing rights to aircraft owned or op10 erated by the Government of Libya or by a Libyan

11 national.

12 (2) EXCEPTION.—The requirement of para13 graph (1) to prohibit United States assistance to the

14 government of a country shall not apply to a govern15 ment that allows an aircraft described in paragraph

16 (1) to use a landing area in such country for emer17 gency purposes, as determined by the Secretary of

18 State.

19 (b) WAIVER.—The President may waive the require20 ment of subsection (a)(1) to prohibit United States assist21 ance to the government of a country if the President deter22 mines and certifies to the appropriate congressional com23 mittees that the provision of such assistance—

24 (1) is in the national interest of the United

25 States; and
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1 (2) will contribute significantly to the efforts of

2 the United States—

3 (A) to secure the extradition to the United

4 States or to Great Britain of the individuals de5 scribed in section 1(2);

6 (B) to combat international terrorism;

7 (C) to strengthen compliance with inter8 national sanctions against Libya; or

9 (D) to prevent the acquisition or develop10 ment by Libya of chemical, biological, nuclear,

11 or other weapons of mass destruction or to pre12 vent the ability of Libya to deliver such weap13 ons.

14 (c) DEFINITIONS.—For purposes of this section, the

15 following definitions apply:

16 (1) APPROPRIATE CONGRESSIONAL COMMIT17 TEES.—The term ‘‘appropriate congressional com18 mittees’’ means—

19 (A) the Committee on International Rela20 tions of the House of Representatives; and

21 (B) the Committee on Foreign Relations of

22 the Senate.

23 (2) LIBYAN NATIONAL.—The term ‘‘Libyan na24 tional’’ means—
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1 (A) a citizen of Libya who is a resident of

2 Libya, as determined by the Secretary of State;

3 or

4 (B) a corporation, trust, partnership, or

5 other legal entity organized under the laws of

6 Libya.

7 (3) UNITED STATES ASSISTANCE.—The term

8 ‘‘United States assistance’’ means assistance under

9 of the Foreign Assistance Act of 1961 (22 U.S.C.

10 2151 et seq.), credits, sales, guarantees of extension

11 of credit, and other assistance under the Arms Ex12 port Control Act (22 U.S.C. 2751 et seq.), and any

13 other program of assistance or credits provided by

14 the United States to other countries under other

15 provisions of law.

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