[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4332 Introduced in House (IH)]







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 Representatives 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 
        individuals, 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 accused individuals.
            (3) The Abu Nidal terrorist organization maintains a 
        presence in Libya, other terrorist organizations have 
        repeatedly been invited to Libya, and the Libyan leader Muammar 
        Qadhafi praised as ``heroic'' 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 destabilize Arab and 
        African countries by supporting coups, funding and training 
        opposition forces and guerrilla groups, and Libya has, at one 
        time or another, invaded, occupied, or claimed territory in the 
        countries of Niger, Chad, Tunisia, and Algeria.
            (5) Libya has developed or is developing the capability 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 GOVERNMENTS 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 operated by the Government of Libya or by a Libyan 
        national.
            (2) Exception.--The requirement of paragraph (1) to 
        prohibit United States assistance to the government of a 
        country shall not apply to a government that allows an aircraft 
        described in paragraph (1) to use a landing area in such 
        country for emergency purposes, as determined by the Secretary 
        of State.
    (b) Waiver.--The President may waive the requirement of subsection 
(a)(1) to prohibit United States assistance to the government of a 
country if the President determines and certifies to the appropriate 
congressional committees 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 described in 
                section 1(2);
                    (B) to combat international terrorism;
                    (C) to strengthen compliance with international 
                sanctions against Libya; or
                    (D) to prevent the acquisition or development by 
                Libya of chemical, biological, nuclear, or other 
                weapons of mass destruction or to prevent the ability 
                of Libya to deliver such weapons.
    (c) Definitions.--For purposes of this section, the following 
definitions apply:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on International Relations of the 
                House of Representatives; and
                    (B) the Committee on Foreign Relations of the 
                Senate.
            (2) Libyan national.--The term ``Libyan national'' 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 Export 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.
                                 <all>