[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 244 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 244
To provide for United States policy toward Libya.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 1, 2001
Mrs. Feinstein (for herself, Mr. Helms, Mr. Brownback, Mr. Leahy, Mr.
Reid, Mr. Nelson of Nebraska, Mrs. Clinton, Mr. Dodd, Mr. Baucus, Mrs.
Boxer, Mr. Byrd, and Mr. Carper) introduced the following bill; which
was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To provide for United States policy toward Libya.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for the Victims of Pan Am
103 Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) 270 people, including 189 Americans, were killed in the
terrorist bombing of Pan Am Flight 103 over Lockerbie, Scotland
on December 21, 1988;
(2) On January 31, 2001 the three judges of the Scottish
court meeting in the Netherlands to try the two Libyan suspects
in the bombing of Pan Am 103 found that ``the conception,
planning and execution of the plot which led to the planting of
the explosive device was of Libyan origin'';
(3) The Court found conclusively that Abdel Basset Ali
Megrahi ``caused an explosive device to detonate on board Pan
Am 103'' and sentenced him to a life term in prison;
(4) The Court accepted the evidence that Abdel Basset Ali
Megrahi was a member of the Jamahiriyah Security Organization,
one of the main Libyan intelligence services;
(5) United Nations Security Council Resolutions 731 and 748
of 1992 applied economic sanctions against Libya until Libya
extradited the Pan Am 103 suspects and cooperated with the
court, and, although the United Nations has suspended the
sanctions, the Secretary-General's report of June 30, 1999,
which stated that Libya was cooperating with the court did not
recommend permanently dropping the sanctions.
(6) The United Nations Security Council has required Libya
to pay compensation to the families of the victims of Pan Am
103 if the suspects are found guilty, and end support for
international terrorism before multilateral sanctions can be
permanently lifted;
SEC. 3. DEFINITIONS.
In this Act:
(1) Government of libya.--The term ``Government of Libya''
includes any agency or instrumentality of the Government of
Libya.
(2) United states assistance.--The term ``United States
assistance'' means--
(A) any assistance under the Foreign Assistance Act
of 1961 (including programs under title IV of chapter
2, relating to the Overseas Private Investment
Corporation);
(B) sales, or financing on any terms, under the
Arms Export Control Act;
(C) the provision of agricultural commodities under
the Agricultural Trade Development and Assistance Act
of 1954; and
(D) financing under the Export-Import Bank Act of
1945.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of Libya and its leader, Moammar
Gaddafi, should be condemned, in the strongest possible terms,
for support of international terrorism, including the bombing
of Pan Am 103;
(2) the Government of Libya should immediately make a full
and complete public accounting of and apology for the bombing
of Pan Am 103 and provide adequate and due compensation to the
families of the victims of Pan Am 103;
(3) the President, Secretary of State, and other United
States Government officials should encourage other countries to
maintain international sanctions against Libya until Libya
provides a full and complete public accounting and apology and
accepted public responsibility for the bombing of Pan Am 103,
pays compensation to the families of the victims of Pan Am 103,
and ends support for international terrorism;
(4) the President should instruct the United States
Permanent Representative to the United Nations to encourage the
members of the United Nations Security Council to maintain
United Nations sanctions against Libya until Libya provides a
full and complete public accounting and apology and accepted
public responsibility for the bombing of Pan Am 103, pays
compensation to the families of the victims of Pan Am 103, and
ends support for international terrorism, and to oppose any
efforts to lift United Nations sanctions until these conditions
are met; and
(5) the President should consult fully with Congress in
considering policy toward Libya.
SEC. 5. POLICY OF THE UNITED STATES TOWARD LIBYA.
(a) In General.--It shall be the policy of the United States to
oppose the removal of United Nations sanctions, United States sanctions
(including sanctions imposed pursuant to the authorities of law
specified in subsection (b)), the travel ban, and all other United
States restrictions on Libya until the conditions specified in section
7 have been satisfied.
(b) Covered Sanctions.--The authorities of law specified in this
subsection are the following:
(1) The International Security and Development Cooperation
Act of 1981 (Public Law 97-113).
(2) The International Security and Development Cooperation
Act of 1985 (Public Law 99-83).
(3) The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1994 (Public Law 103-87).
(4) The Iran and Libya Sanctions Act of 1996 (Public Law
104-172).
SEC. 6. PROHIBITION ON UNITED STATES ASSISTANCE FOR LIBYA.
Notwithstanding any other provision of law, United States
assistance shall not be provided to the Government of Libya until the
President determines and certifies to the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives that the conditions specified in section 7
have been satisfied.
SEC. 7. CONDITIONS.
The conditions specified in this section are the following:
(1) All cases of United States nationals who were victims
of Libyan terrorism have been resolved.
(2) The Government of Libya has provided compensation to
the families of the victims of Pan Am 103.
(3) The Government of Libya has provided a full and
complete public accounting and apology and accepted public
responsibility for the bombing.
(4) The Government of Libya has taken real and concrete
steps to end support for international terrorism.
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