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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds the following:
(1) Libya has been designated by the Secretary
of State under section 40(d) of the Arms Export
Control Act (22 U.S.C. 2780(d)) as a state sponsor
of terrorism.
(2) The Government of Libya has steadfastly
refused to hand over for trial the two individuals
currently in Libya who are accused of involvement in
the bombing of Pan Am flight 103 over Lockerbie,
Scotland, in December 1988, in which 269 individ-
uals, including many United States citizens, lost
their lives, and the United Nations Security Council
has voted to impose international sanctions against
Libya for its failure to hand over for trial these ac-
cused individuals.
(3) The Abu Nidal terrorist organization main-
tains a presence in Libya, other terrorist organiza-
tions have repeatedly been invited to Libya, and the
Libyan leader Muammar Qadhafi praised as ‘‘he-
roic’’ the October 1994 suicide bombing of a Tel
Aviv bus that killed and injured dozens of innocent
people.
(4) Libya has attempted to subvert and desta-
bilize Arab and African countries by supporting
coups, funding and training opposition forces and
guerrilla groups, and Libya has, at one time or an-
other, invaded, occupied, or claimed territory in the
countries of Niger, Chad, Tunisia, and Algeria.
(5) Libya has developed or is developing the ca-
pability to produce chemical weapons, maintains
stocks of chemical weapons, and is seeking ballistic
missiles capable of delivering such weapons.
SEC. 2. PROHIBITION ON ASSISTANCE TO FOREIGN GOV-
ERNMENTS THAT PROVIDE LANDING RIGHTS
TO LIBYAN AIRCRAFT.
(a) PROHIBITION.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, the President may not provide
United States assistance to the government of any
country that, after the date of the enactment of this
Act, provides landing rights to aircraft owned or op-
erated by the Government of Libya or by a Libyan
national.
(2) EXCEPTION.—The requirement of para-
graph (1) to prohibit United States assistance to the
government of a country shall not apply to a govern-
ment that allows an aircraft described in paragraph
(1) to use a landing area in such country for emer-
gency purposes, as determined by the Secretary of
State.
(b) WAIVER.—The President may waive the require-
ment of subsection (a)(1) to prohibit United States assist-
ance to the government of a country if the President deter-
mines and certifies to the appropriate congressional com-
mittees that the provision of such assistance—
(1) is in the national interest of the United
States; and
(2) will contribute significantly to the efforts of
the United States—
(A) to secure the extradition to the United
States or to Great Britain of the individuals de-
scribed in section 1(2);
(B) to combat international terrorism;
(C) to strengthen compliance with inter-
national sanctions against Libya; or
(D) to prevent the acquisition or develop-
ment by Libya of chemical, biological, nuclear,
or other weapons of mass destruction or to pre-
vent the ability of Libya to deliver such weap-
ons.
(c) DEFINITIONS.—For purposes of this section, the
following definitions apply:
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means—
(A) the Committee on International Rela-
tions of the House of Representatives; and
(B) the Committee on Foreign Relations of
the Senate.
(2) LIBYAN NATIONAL.—The term ‘‘Libyan na-
tional’’ means—
(A) a citizen of Libya who is a resident of
Libya, as determined by the Secretary of State;
or
(B) a corporation, trust, partnership, or
other legal entity organized under the laws of
Libya.
(3) UNITED
STATES
ASSISTANCE.—The term
‘‘United States assistance’’ means assistance under
of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.), credits, sales, guarantees of extension
of credit, and other assistance under the Arms Ex-
port Control Act (22 U.S.C. 2751 et seq.), and any
other program of assistance or credits provided by
the United States to other countries under other
provisions of law.
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