[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 379 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 379
To advance a diplomatic solution to the conflict in Libya and support
the people of Libya.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 23, 2021
Mr. Coons (for himself, Mr. Graham, Mr. Murphy, and Mr. Rubio)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To 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. Codification of Executive Order 13726.
Sec. 102. Report on activities of certain foreign governments and
actors in Libya.
Sec. 103. Strategy to counter Russian influence in Libya.
TITLE II--ACTIONS TO ADDRESS FOREIGN INTERVENTION IN LIBYA
Sec. 201. Definitions.
Sec. 202. Imposition of sanctions with respect to persons supporting
Russian military intervention in Libya.
Sec. 203. Imposition of sanctions with respect to persons threatening
the peace or stability of Libya.
Sec. 204. Imposition of sanctions with respect to certain persons who
are responsible for or complicit in human
rights abuses committed in Libya.
Sec. 205. Sanctions described.
Sec. 206. Waiver; exceptions.
Sec. 207. Implementation; regulations; penalties.
Sec. 208. Termination.
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 democratic
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) AFRICOM has identified 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) On April 4, 2019, Khalifa Haftar, the commander of the
Libyan Arab Armed Forces/Libyan National Army (LAAF/LNA)
movement, 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 United
Nations Security Council have recognized since 2015.
(4) Although the LAAF/LNA movement initiated the offensive,
all parties to the conflict and their associated forces have
since April 2019 failed to observe their obligations under
international humanitarian law and increased the geographic
scope of the conflict, including by using heavy weapons,
aircraft, and armed drones provided by foreign powers in
violation of the United Nations arms embargo. Foreign
mercenaries have reportedly also participated in the conflict.
(5) In November 2019, the GNA and the Government of Turkey
signed a Memorandum of Understanding on maritime boundaries in
the Mediterranean Sea, which was opposed by European Union
member states and other countries in the region.
(6) 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.
(7) On January 30, 2020, then-United Nations Special
Representative of the Secretary General (SRSG) Ghassan Salame
asserted that ``the warring parties have continued to receive a
sizable amount of advanced equipment, fighters, and advisors
from foreign sponsors, in brazen violation of the UN arms
embargo as well as of the pledges made by representatives of
these countries in Berlin''.
(8) On February 12, 2020, the United States Assistant
Secretary of State for Near Eastern Affairs testified before
the Committee on Foreign Relations of the Senate, ``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.''.
(9) On September 2, 2020, Acting SRSG Stephanie Williams
described to the United Nations Security Council cargo
shipments and dozens of military resupply flights to the LAAF/
LNA and the GNA as ``an alarming breach of Libya's sovereignty,
a blatant violation of the UN arms embargo, not to mention the
commitments undertaken by the Berlin conference participants''.
(10) On October 23, 2020, conflict parties in Libya agreed
to a United Nations-facilitated ceasefire which called for all
military units and armed groups on the front lines to return to
their camps, all mercenaries and foreign fighters to depart
from Libyan territory, and all military agreements on training
be suspended within three months of the ceasefire's signing.
Ceasefire enforcement is historically difficult in Libya, and
as of February 2021, mercenaries, foreign fighters, and foreign
militaries remained active there. On February 4, 2021, the
United Nations Security Council requested an advance team be
sent to Libya as a first step to sending monitors to observe
the ceasefire.
(11) On November 13, 2020, UNSMIL announced that national
elections in Libya are scheduled to take place on December 24,
2021. On January 20, 2021, Libyan leaders agreed to hold a
constitutional referendum prior to the December 2021 election.
On February 5, 2021, the 74-member United Nations-led Libyan
Political Dialogue Forum reached an agreement on a unified
interim Libyan executive to lead the country to national
elections on December 24, 2021.
(12) According to the United Nations, since the LNA
movement offensive began in April 2019, the conflict in Libya
has led to the deaths of more than 400 civilians and the
displacement of more than 200,000 people.
(13) Parties to the conflict in Libya have killed
civilians, committed torture and abuse, committed mass
extrajudicial killings, requisitioned the houses of civilians,
targeted medical facilities, and blocked humanitarian access to
food, health, and other life-saving services, worsening
humanitarian conditions.
(14) According to the United Nations Office for the
Coordination of Humanitarian Affairs, as of December 2020, more
than 574,000 migrants and refugees remained in Libya and
``continue to be at risk of killing, torture, arbitrary
detention, rape and other forms of sexual and gender-based
violence, forced labor, extortion and exploitation''. Among
these, between 1,000 and 3,000 migrants and refugees are held
in official detention centers and ``many other migrants and
refugees are believed to be held at other sites run by militias
and trafficking groups''.
(15) On January 19, 2021, at least 43 migrants died in a
shipwreck off of Libya's coast, highlighting the vulnerable
position of non-Libyan migrants who are either subject to
detention and abuses in Libya or are forced to undertake unsafe
attempts to reach Europe. More than 100 migrants drowned in
2020 and nearly 100 have drowned since January 2021 in the
Mediterranean.
(16) On January 21, 2021, the United States joined the
Governments of France, Germany, Italy, and the United Kingdom
to remind all Berlin Conference participants of the need to
``continue to support a ceasefire, restore full respect for the
UN arms embargo, and end the toxic foreign interference that
undermines the aspirations of all Libyans to reestablish their
sovereignty and choose their future peacefully through national
elections''.
(b) Statement of Policy.--It is the policy of the United States--
(1) to engage regularly at the senior-most levels and
assert there is no military solution to the conflict in Libya
and that only a political process can secure United States
interests, ensure a stable and unified Libya, reduce the threat
of terrorism, and provide peace and opportunity to the people
of Libya;
(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 support the implementation of United Nations
Security Council Resolutions 2146 (2014) and 2362 (2017), which
condemn attempts to illicitly export petroleum and refined
petroleum products from Libya, including by parallel
institutions which are not acting under the authority of the
Government of National Accord;
(4) to promote unified and effective Libyan oversight over
the Libyan National Oil Corporation, the Central Bank of Libya,
and the Libyan Investment Authority;
(5) 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'';
(6) to employ sanctions and support war-crimes prosecution,
against any and all parties engaging in attacks on civilians,
medical workers, and critical infrastructure, including water
supplies, in Libya;
(7) to contribute to the peace and stability of Libya,
prevent destabilizing arms shipments, and support efforts to
safeguard Libya's oil resources in accordance with United
Nations Security Council Resolutions 2259 (2015), 2278 (2016),
2362 (2017), and 2473 (2019);
(8) to leverage diplomatic relations to convince the
parties to the conflict in Libya to de-escalate and persuade
foreign powers to stop providing weapons and financing that
exacerbate the conflict;
(9) to encourage the parties to continue to engage in the
political process led by UNSMIL;
(10) to support the United Nations-mediated political
process, which seeks a negotiated and peaceful solution to the
Libyan crisis;
(11) that a negotiated and peaceful political solution
should include a transitional, civilian-led government
representing all Libyans, preparations for credible elections,
a fair and transparent allocation of resources, interim
security arrangements, and a process to reunify security and
economic institutions;
(12) 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;
(13) to advocate for the immediate release and safe
evacuations of detained refugees and migrants threatened by
conflict in Libya;
(14) to assist implementation of UNSMIL's plan for the
organized and gradual closure of migrant detention centers in
Libya and ensure robust protection assistance for refugees and
migrants; and
(15) to support future democratic development and the
economic recovery of Libya both during and after a negotiated
and peaceful political solution.
TITLE I--IDENTIFYING CHALLENGES TO STABILITY IN LIBYA
SEC. 101. CODIFICATION OF EXECUTIVE ORDER 13726.
Notwithstanding any other provision of law or Executive order,
Executive Order 13726 (81 Fed. Reg. 23559), signed on April 19, 2016,
and entitled ``Blocking Property and Suspending Entry into the United
States of Persons Contributing to the Situation in Libya'' shall have
the force and effect of law.
SEC. 102. 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 coordination 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,
the People's Republic of 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;
(C) the estimated dollar value of various types of
equipment and 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; and
(D) the identification of any regular or irregular
forces, including but not limited to mercenary groups
and militias operating inside Libya, at the direction
or with the consent of governments listed in this
paragraph;
(2) a determination and analysis of whether the actions by
the governments identified in paragraph (1)--
(A) violate the arms embargo with respect to Libya
in accordance with United Nations Security Council
Resolution 2473 (2019) and predecessor Security Council
resolutions;
(B) contribute to civilian death, harm, or other
violations of international humanitarian law; or
(C) involved weapons of United States origin or
were in violation of United States end user license
agreements;
(3) a description of United States diplomatic engagement
with any governments found to be in violation of the arms
embargo regarding enforcement of the embargo;
(4) 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 in accordance with United Nations Security Council
Resolution 2473 (2019) and predecessor Security Council
resolutions;
(5) a determination and analysis of the activities of
foreign armed groups, including the Russian Wagner Group,
military contractors and mercenaries employed or engaged by the
governments of Turkey and the United Arab Emirates, affiliates
of the Islamic State (ISIS), al-Qaida in the Islamic Maghreb
(AQIM), and other extremist groups, in Libya;
(6) a determination of whether and to what extent the
conflict in Libya is enabling the recruitment and training
efforts of armed groups, including affiliates of ISIS, AQIM,
and other extremist groups;
(7) a description of European Union and North Atlantic
Treaty Organization efforts to enforce the United Nations arms
embargo and facilitate a sustainable ceasefire, and of United
States diplomatic engagement on these efforts;
(8) a description of any violations of the arms embargo by
European Union member states; and
(9) a description of European Union and Arab League states'
contributions to ceasefire monitoring, arms embargo
enforcement, and election support and how the United States can
partner with the EU and Arab League states on such
contributions.
(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 Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 103. STRATEGY TO COUNTER RUSSIAN INFLUENCE IN LIBYA.
(a) Findings.--Congress makes the following findings:
(1) In January 2020, General Stephen Townsend, Commander of
AFRICOM, warned 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 NATO.
(2) On May 29, 2020, AFRICOM assessed that Russia deployed
14 military aircraft to Libya to support Russian state-
sponsored private military contractors there.
(3) On June 18, 2020, AFRICOM Director of Operations
Brigadier General Bradford Gering stated that ``Russia
continues to push for a strategic foothold on NATO's southern
flank . . . at the expense of innocent Libya lives''.
(4) In January 2021, United States officials told the
international press that mercenaries affiliated with the Wagner
Group were constructing sophisticated defensive fortifications
in central Libya.
(b) Report and Strategy.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State and the Secretary
of Defense shall submit to the appropriate congressional
committees a report on--
(A) an assessment of Russian influence and
objectives in Libya;
(B) the potential threat such influence poses to
the United States, southern Europe, and NATO operations
in the Mediterranean Sea;
(C) Russia's use of currency issuing and printing;
(D) Russia's use of mercenaries, military
contractors, and paramilitary forces in Libya; and
(E) an assessment of the sanctions and other
policies adopted by United States partners and allies
against the Wagner Group and its destabilizing
activities in Libya.
(2) Strategy.--Not later than 30 days after the date on
which the report required by paragraph (1) is submitted to the
appropriate congressional committees, the Secretary of State
and the Secretary of Defense shall brief the appropriate
congressional committees regarding a strategy to counter
threats identified in the report.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, the Select Committee on
Intelligence, and the Committee on Appropriations of
the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of
the House of Representatives.
TITLE II--ACTIONS TO ADDRESS FOREIGN INTERVENTION IN LIBYA
SEC. 201. DEFINITIONS.
In this title:
(1) Admission; admitted, alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those terms
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
(2) 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.
(3) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person and
that is not a foreign government, unless acting in a commercial
capacity.
(4) 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.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(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.
SEC. 202. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS SUPPORTING
RUSSIAN MILITARY INTERVENTION IN LIBYA.
(a) In General.--On and after the date that is 180 days after the
date on which the report required by section 102 is submitted to the
appropriate congressional committees, the President shall impose the
sanctions described in section 205 with respect to a foreign person if
the President determines that the foreign person, on or after the date
of the enactment of this Act, 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 knowingly provides
significant financial, material, or technological support to, or
knowingly engages in a significant transaction with a foreign person
that is knowingly operating in a military capacity in Libya for or on
behalf of the Government of the Russian Federation.
SEC. 203. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS THREATENING
THE PEACE OR STABILITY OF LIBYA.
(a) In General.--On and after the date that is 180 days after the
date of the enactment of this Act, the President shall impose the
sanctions described in section 205 with respect to a foreign person if
the President determines that the person, on or after the date of the
enactment of this Act, knowingly engages in an activity described in
subsection (b).
(b) Activities Described.--A foreign person engages in an activity
described in this subsection if, on or after the date of enactment, the
person knowingly--
(1) is engaging in significant actions that threaten the
peace, security, or stability of Libya by supplying arms or
related material to Libyan forces;
(2) is engaging in significant actions that obstruct,
undermine, delay, or impede the United Nations-mediated
political process that seeks a negotiated and peaceful solution
to the Libyan crisis;
(3) is engaging in significant actions that lead to or
result in the misappropriation of significant assets of the
Government of Libya;
(4) is 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
oil produced in Libya;
(5) is significantly threatening or coercing financial
institutions owned or controlled by the Government of Libya or
the Libyan National Oil Company;
(6) is significantly responsible for actions that are
undermining--
(A) the United Nations-led political process to end
the conflict in Libya; or
(B) efforts to maintain peace and promote
stabilization and economic recovery in Libya;
(7) is significantly responsible for civilian casualties or
violations of international humanitarian law;
(8) is violating the UN arms embargo;
(9) is a successor entity to a person referred to in any of
paragraphs (1) through (8);
(10) owns or controls, or is owned or controlled by, a
person referred to in any of paragraphs (1) through (8);
(11) is acting for or on behalf of a person referred to in
any of paragraphs (1) through (8); or
(12) has 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
paragraphs (1) through (8).
SEC. 204. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN PERSONS WHO
ARE RESPONSIBLE FOR OR COMPLICIT IN HUMAN RIGHTS ABUSES
COMMITTED IN LIBYA.
(a) In General.--The President shall impose the sanctions described
in section 205 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
that the President determines are knowingly responsible for or
complicit in, or to have directly or indirectly engaged in,
serious human rights abuses and violations of international
humanitarian law 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 until the
date that is 5 years after such date of enactment; 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. 205. SANCTIONS DESCRIBED.
The sanctions to be imposed with respect to a foreign person under
section 202, 203, or 204 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.--An alien described in section 202, 203, or
204(b)(1) 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.--
(i) In general.--An alien described in
section 202, 203, or 204(b)(1) is subject to
revocation of any visa or other entry
documentation regardless of when the visa or
other entry documentation is or was issued.
(ii) Immediate effect.--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 alien's possession.
SEC. 206. WAIVER; EXCEPTIONS.
(a) Waiver.--The President, acting through the Secretary of State,
may waive the application of sanctions imposed with respect to a
foreign person under this title if the Secretary--
(1) determines that such a waiver is in the national
interest of the United States; and
(2) not later than the date on which the waiver takes
effect, submits to the appropriate congressional committees a
notice of and justification for the waiver.
(b) Exception for Compliance With International Obligations.--
Section 205(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.
(c) Exception Relating to Importation of Goods.--
(1) 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.
(2) Good defined.--In this subsection, 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. 207. IMPLEMENTATION; REGULATIONS; PENALTIES.
(a) Implementation.--The President may 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.
(b) Regulations.--The President shall issue such regulations,
licenses, and orders as are necessary to carry out this title.
(c) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this title or any
regulation, license, or order issued to carry out this title shall be
subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
SEC. 208. TERMINATION.
The requirement to impose sanctions under this title shall
terminate on December 31, 2026.
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) expand efforts to address Libya's humanitarian
crisis, which has been exacerbated by the conflict and
the COVID-19 pandemic;
(B) leverage diplomatic relations with the conflict
parties to guarantee constant, reliable humanitarian
access by frontline providers in Libya;
(C) leverage diplomatic relations with the conflict
parties, the United Nations, and the European Union to
ensure the release of vulnerable migrants and refugees
from detention centers and ensure their voluntary safe
passage; and
(D) expand efforts to document and publicize
violations of human rights and international
humanitarian law 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.
(b) Assistance Authorized.--
(1) In general.--The Administrator of the United States
Agency for International Development, in coordination with the
Secretary of State, is authorized to provide humanitarian
assistance to individuals and communities in Libya.
(2) Included assistance.--Assistance authorized by
paragraph (1) shall include the following to affected
communities, including refugee and migrant populations:
(A) Urgently needed health assistance, including
logistical and technical assistance to hospitals,
ambulances, and health clinics to support an effective
COVID-19 response and educational resources to increase
COVID-19 vaccine acceptance.
(B) Resources and training to increase
communication and education to help communities slow
the spread of COVID-19 and to increase future vaccine
acceptance.
(C) Public health commodities and services,
including medicines and basic medical supplies and
equipment.
(D) Protection assistance for vulnerable
populations, including women, children, refugees, and
migrants.
(E) Other assistance, including food, shelter,
water, sanitation, and hygiene (WASH), as needed.
(F) Technical assistance to ensure health, food,
and commodities are appropriately selected, procured,
targeted, 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 Government, working with relevant
foreign governments and multilateral organizations, plans to
address the humanitarian situation in Libya.
(2) How to leverage diplomatic and assistance tools as well
as strategic burden-sharing with international partners to
improve the humanitarian situation in Libya.
(3) How to confront humanitarian access challenges, which
have been compounded by COVID-19, and ensure the delivery of
humanitarian aid.
(4) How to ensure protection for vulnerable refugees and
migrants.
(5) How to address tragic and persistent deaths of migrants
and refugees at sea and human trafficking.
(6) How the United States will engage in diplomatic efforts
to ensure support from international donors, including foreign
governments and multilateral organizations.
(d) Diplomatic Engagement.--The Secretary of State, in consultation
with the Administrator of the United States Agency for International
Development, shall work with relevant foreign governments and
multilateral organizations to coordinate a high-level donor summit and
carry out diplomatic engagement to advance the provision of
humanitarian assistance to the people of Libya and international
migrants and refugees in Libya and carry out the strategy required
under subsection (c).
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 302. SUPPORT FOR DEMOCRATIC GOVERNANCE, ELECTIONS, AND DEMOCRATIC
CIVIL SOCIETY.
(a) In General.--The Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development, shall--
(1) work with the United Nations Support Mission in Libya
to bolster Libyan efforts to prepare for national elections;
(2) work to help the people of Libya and a future Libyan
government unify Libyan financial and governing institutions to
deliver tangible results that improve the lives of the Libyan
people;
(3) work to ensure transparent, credible, and inclusive
future referenda and elections in Libya, including through
supporting electoral security and domestic and international
election observation and by providing related training and
technical assistance to institutions with election-related
responsibilities; and
(4) work with nongovernmental organizations--
(A) to strengthen democratic governance and
institutions to ensure that future elected governments
are able to deliver improvements to the Libyan people,
support decentralization, and give the public a
stronger voice in their government;
(B) to increase public and stakeholder confidence
in Libya's electoral system;
(C) to defend internationally recognized human
rights for the people of Libya, including support for
efforts to document crimes against humanity and
violations of human rights;
(D) to combat corruption and improve the
transparency and accountability of government
institutions; and
(E) to support the efforts of state and independent
media outlets to broadcast, distribute, and share
accurate and reliable news and information with the
people of Libya.
(b) Strategy Requirement.--
(1) In general.--Not later than 45 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 to carry out the activities
described in subsection (a). The strategy shall be updated,
including with benchmarks of progress made to date, and
resubmitted to the appropriate congressional committees not
later than 15 days after the scheduling of credible
presidential and parliamentary elections in Libya.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of State $23,000,000 for each of fiscal years
2022 through 2026 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, in consultation
with the Secretary of State and the Administrator of the United States
Agency for International Development, 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 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 democratic institutions and the rule of law in Libya.
(b) Additional Elements.--The framework described in subsection (a)
shall include the following policy proposals:
(1) To reunify the leadership and operations of Libya's key
economic ministries and institutions.
(2) To improve the efficiency and reach of Libyan
government programs that support poverty alleviation and a
social safety net.
(3) To assist in reconciling the public accounts of
national financial institutions and letters of credit issued by
private Libyan financial institutions.
(4) To restore the production and efficient management of
Libya's oil industry, including rebuilding any damaged energy
infrastructure.
(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 to minimize corruption and ensure
resources equitably serve the people of Libya.
(8) To eliminate exploitation of price controls and market
distorting subsidies in the Libyan economy.
(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, 2026.
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 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.
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