[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.
                                 <all>