[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1180 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1180

 To authorize the President to confiscate and vest certain property of 
 the Government of Libya and to authorize the use of that property to 
  provide humanitarian relief to and for the benefit of the people of 
                     Libya, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2011

 Mr. Johnson of South Dakota (for himself, Mr. Shelby, Mr. Kerry, Mr. 
    McCain, Mr. Levin, Mr. Lieberman, and Mr. Reed) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To authorize the President to confiscate and vest certain property of 
 the Government of Libya and to authorize the use of that property to 
  provide humanitarian relief to and for the benefit of the people of 
                     Libya, and for other purposes.

    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 ``Libyan Assets for Humanitarian 
Relief Act of 2011''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) On February 26, 2011, the United Nations Security 
        Council adopted Resolution 1970, which imposed an asset freeze 
        on Colonel Muammar Qaddafi and members of his family.
            (2) On March 17, 2011, the United Nations Security Council 
        adopted Resolution 1973, which expanded the asset freeze to 
        include the Central Bank of Libya, the Libyan Investment 
        Authority, the Libyan Foreign Bank, the Libyan Africa 
        Investment Portfolio, and the Libyan National Oil Corporation.
            (3) The United Nations Security Council stated in 
        Resolution 1973 that the assets frozen would ``at a later 
        stage, as soon as possible, be made available to and for the 
        benefit of the people of the Libyan Arab Jamahiriya''.
            (4) On March 3, 2011, the President of the United States 
        stated that ``Muammar Qaddafi has lost the legitimacy to lead, 
        and he must leave''.
            (5) On March 29, 2011, the Transitional National Council of 
        the Libyan Republic issued ``A Vision of a Democratic Libya'', 
        which stated that its goal is ``building a free and democratic 
        society and ensuring the supremacy of international 
        humanitarian law and human rights declarations'', and that 
        ``[t]his can only be achieved through dialogue, tolerance, co-
        operation, national cohesiveness and the active participation 
        of all citizens''. In that statement, the Transitional National 
        Council pledged itself, without reservation, to the 
        establishment of ``a constitutional civil and free state'' that 
        upholds intellectual and political pluralism and the peaceful 
        transfer of power and guarantees full citizenship rights to all 
        Libyans.
            (6) On April 7, 2011, Ali Aujali, the Official 
        Representative to the United States of the Transitional 
        National Council of the Libyan Republic, wrote to the United 
        States Secretary of the Treasury and requested ``immediate 
        access to some of the frozen Qaddafi regime funds to purchase 
        needed humanitarian supplies and to support critical services 
        such as hospitals, water distribution and sanitation''.
            (7) On May 19, 2011, the President of the United States, 
        referring to the Transitional National Council of the Libyan 
        Republic, stated that ``the opposition has organized a 
        legitimate and credible interim council''.

SEC. 3. AUTHORIZATION OF CONFISCATION OF PROPERTY OF THE GOVERNMENT OF 
              LIBYA.

    (a) In General.--The International Emergency Economic Powers Act 
(50 U.S.C. 1701 et seq.) is amended by adding at the end the following:

``SEC. 209. AUTHORIZATION OF CONFISCATION OF PROPERTY OF THE GOVERNMENT 
              OF LIBYA.

    ``(a) Definitions.--In this section:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                    ``(A) the Committee on Banking, Housing, and Urban 
                Affairs and the Committee on Foreign Relations of the 
                Senate; and
                    ``(B) the Committee on Financial Services and the 
                Committee on Foreign Affairs of the House of 
                Representatives.
            ``(2) Executive agency.--The term `executive agency' has 
        the meaning given that term in section 133 of title 41, United 
        States Code.
            ``(3) Government of libya.--The term `Government of 
        Libya'--
                    ``(A) means the Government of Libya on the date of 
                the enactment of the Libyan Assets for Humanitarian 
                Relief Act of 2011, including any agency or 
                instrumentality of that Government, any entity 
                controlled by that Government, and the Central Bank of 
                Libya; and
                    ``(B) does not include a successor government of 
                Libya.
            ``(4) Successor government of libya.--The term `successor 
        government of Libya' means a successor government to the 
        Government of Libya (as defined in paragraph (3)) that is 
        recognized as the legitimate governing authority of Libya by 
        the Government of the United States.
    ``(b) Statement of Policy.--It is the policy of the United States 
to provide humanitarian relief to and for the benefit of the people of 
Libya and to support the aspirations of the people of Libya for 
democratic self-government.
    ``(c) Authorization of Confiscation of Property of the Government 
of Libya.--
            ``(1) In general.--The President--
                    ``(A) may confiscate and vest, through instructions 
                or licenses or in such other manner as the President 
                determines appropriate, funds and other property of the 
                Government of Libya that are subject to the 
                jurisdiction of the United States in the amounts 
                specified in subsection (f);
                    ``(B) may liquidate or sell any of such property; 
                and
                    ``(C) shall deposit any funds confiscated and 
                vested under subparagraph (A) and any funds resulting 
                from the liquidation or sale of property under 
                subparagraph (B) in the account established under 
                subsection (d).
            ``(2) Vesting.--All right, title, and interest in funds and 
        other property confiscated under paragraph (1) shall vest in 
        the Government of the United States.
    ``(d) Establishment of Account for Confiscated Property.--
            ``(1) In general.--The President shall establish a non-
        interest-bearing account to consist of the funds deposited into 
        the account under subsection (c)(1)(C).
            ``(2) Use of funds.--The funds in the account established 
        under paragraph (1) shall be available to be used only as 
        specified in subsection (e)(1).
    ``(e) Use of Confiscated Property To Provide Humanitarian Relief to 
the People of Libya.--
            ``(1) In general.--Subject to paragraph (2), the President 
        may transfer funds from the account established under 
        subsection (d)--
                    ``(A) to such executive agencies and, subject to 
                paragraph (3), such other persons as the President 
                determines appropriate, to be used only for costs 
                related to providing humanitarian relief to and for the 
                benefit of the people of Libya, consistent with the 
                purposes of United Nations Security Council Resolutions 
                1970 (2011) and 1973 (2011); and
                    ``(B) on and after the date on which a successor 
                government of Libya is recognized by the Government of 
                the United States, to the successor government of 
                Libya.
            ``(2) Limitations on transfer of funds.--
                    ``(A) Limitations on transfer to certain persons 
                and organizations.--None of the funds transferred under 
                this subsection may knowingly be provided to--
                            ``(i) an organization designated as a 
                        foreign terrorist organization under section 
                        219(a) of the Immigration and Nationality Act 
                        (8 U.S.C. 1189(a));
                            ``(ii) a person that provides support for 
                        acts of international terrorism or for an 
                        organization described in clause (i);
                            ``(iii) a person whose property or 
                        interests in property are blocked pursuant to 
                        this Act, unless the transfer is authorized by 
                        the Secretary of the Treasury; or
                            ``(iv) a person the President determines is 
                        responsible for violations of internationally 
                        recognized human rights.
                    ``(B) Prohibition on use of funds for military 
                purposes.--None of the funds transferred under this 
                subsection may be used to purchase weapons or military 
                equipment of either a lethal or nonlethal nature.
            ``(3) Certifications by certain persons.--The President may 
        not transfer funds to any person, other than an executive 
        agency, under paragraph (1)(A) unless that person certifies to 
        the President that the person--
                    ``(A) will use such funds only for the costs 
                described in paragraph (1)(A); and
                    ``(B) will not--
                            ``(i) transfer any of such funds to a 
                        person or organization described in paragraph 
                        (2)(A); or
                            ``(ii) use any of such funds to purchase 
                        weapons or military equipment of either a 
                        lethal or nonlethal nature.
            ``(4) Terms and conditions.--If the President exercises the 
        authority provided under this section, the President shall 
        impose such additional terms and conditions as the President 
        determines appropriate with respect to the transfer of funds 
        under this subsection and with respect to the use of such 
        funds.
            ``(5) Use by executive agencies.--Notwithstanding any other 
        provision of law, any funds transferred to an executive agency 
        under this subsection--
                    ``(A) shall remain available until expended;
                    ``(B) shall be used only for the costs described in 
                paragraph (1)(A);
                    ``(C) may be distributed in such manner as the head 
                of the executive agency determines appropriate to 
                accomplish the purposes of this section, including 
                through grants and contributions; and
                    ``(D) may be transferred among executive agencies.
    ``(f) Initial and Subsequent Authorizations of Confiscation of 
Property.--
            ``(1) Authority.--The authority of the President to 
        confiscate and vest funds and other property under subsection 
        (c) shall be limited as follows:
                    ``(A) Initial limitation.--Effective on and after 
                the date of the enactment of the Libyan Assets for 
                Humanitarian Relief Act of 2011, the President may 
                confiscate and vest not more than $4,000,000,000 under 
                subsection (c).
                    ``(B) Confiscation and vesting of additional 
                amounts.--
                            ``(i) In general.--If, at any one time 
                        after the date of the enactment of the Libyan 
                        Assets for Humanitarian Relief Act of 2011, the 
                        President submits to Congress the notification 
                        described in clause (ii), effective on and 
                        after the day after the end of the 30-day 
                        period beginning on the date on which that 
                        notification is submitted, the President may 
                        confiscate and vest not more than an additional 
                        $4,000,000,000 under subsection (c) over the 
                        amount authorized to be confiscated and vested 
                        under subparagraph (A), unless a joint 
                        resolution of disapproval described in 
                        paragraph (2) is enacted within the 30-day 
                        period after the notification is submitted.
                            ``(ii) Notification described.--The 
                        notification described in this clause is a 
                        notification--
                                    ``(I) that the President intends to 
                                confiscate and vest the additional 
                                amount specified in clause (i) to be 
                                used for the costs described in 
                                subsection (e)(1)(A); and
                                    ``(II) submitted with a report--
                                            ``(aa) describing the 
                                        necessity of confiscating and 
                                        vesting that additional amount; 
                                        and
                                            ``(bb) detailing the plan 
                                        of the President with respect 
                                        to the use of that additional 
                                        amount.
                    ``(C) Emergency certification; confiscation and 
                vesting to address emergency humanitarian needs.--
                            ``(i) In general.--If, at any one time 
                        after the date of the enactment of the Libyan 
                        Assets for Humanitarian Relief Act of 2011, the 
                        President submits to Congress the certification 
                        described in clause (ii), effective on and 
                        after the date on which that certification is 
                        submitted, the President may confiscate and 
                        vest not more than an additional $2,000,000,000 
                        under subsection (c) over the amounts otherwise 
                        authorized to be confiscated and vested under 
                        this paragraph.
                            ``(ii) Certification described.--The 
                        certification described in this clause is a 
                        certification by the President that it is 
                        necessary to confiscate and vest the additional 
                        amount specified in clause (i) to address an 
                        emergency need for additional humanitarian 
                        assistance.
            ``(2) Joint resolution of disapproval.--
                    ``(A) Joint resolution of disapproval.--In this 
                paragraph, the term `joint resolution of disapproval' 
                means only a joint resolution of the 2 Houses of 
                Congress, the sole matter after the resolving clause of 
                which is as follows: `That Congress disapproves of the 
                confiscation and vesting of the amount of funds or 
                other property specified in section 209(f)(1)(B)(i) of 
                the International Emergency Economic Powers Act.'.
                    ``(B) Procedures for considering resolutions.--
                            ``(i) Introduction.--A joint resolution of 
                        disapproval--
                                    ``(I) may be introduced in the 
                                House of Representatives or the Senate 
                                during the 10-day period beginning on 
                                the date on which a notification 
                                described in paragraph (1)(B)(ii) is 
                                submitted;
                                    ``(II) in the House of 
                                Representatives, may be introduced by 
                                any Member of the House of 
                                Representatives;
                                    ``(III) in the Senate, may be 
                                introduced by any Member of the Senate; 
                                and
                                    ``(IV) may not be amended.
                            ``(ii) Referral to committees.--A joint 
                        resolution of disapproval introduced in the 
                        Senate shall be referred to the Committee on 
                        Banking, Housing, and Urban Affairs and a joint 
                        resolution of disapproval introduced in the 
                        House of Representatives shall be referred to 
                        the Committee on Foreign Affairs.
                            ``(iii) Committee discharge and floor 
                        consideration.--The provisions of subsections 
                        (c) through (f) of section 152 of the Trade Act 
                        of 1974 (19 U.S.C. 2192) (relating to committee 
                        discharge and floor consideration of certain 
                        resolutions in the House of Representatives and 
                        the Senate) apply to a resolution of 
                        disapproval under this paragraph to the same 
                        extent as such subsections apply to joint 
                        resolutions under such section 152, except 
                        that--
                                    ``(I) subsection (c)(1) of such 
                                section 152 shall be applied and 
                                administered by substituting `10 days' 
                                for `30 days'; and
                                    ``(II) subsection (f)(1)(A)(i) of 
                                such section 152 shall be applied and 
                                administered by substituting `Committee 
                                on Banking, Housing, and Urban Affairs' 
                                for `Committee on Finance'.
                    ``(C) Rules of house of representatives and 
                senate.--This paragraph is enacted by Congress--
                            ``(i) as an exercise of the rulemaking 
                        power of the Senate and the House of 
                        Representatives, respectively, and as such is 
                        deemed a part of the rules of each House, 
                        respectively, but applicable only with respect 
                        to the procedure to be followed in that House 
                        in the case of a joint resolution, and it 
                        supersedes other rules only to the extent that 
                        it is inconsistent with such rules; and
                            ``(ii) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as relating to the procedure 
                        of that House) at any time, in the same manner 
                        and to the same extent as in the case of any 
                        other rule of that House.
    ``(g) Recordkeeping.--
            ``(1) In general.--The President may, in exercising the 
        authority provided under this section, require any person to 
        keep a full record of--
                    ``(A) any act or transaction carried out pursuant 
                to any regulation, instruction, license, order, or 
                direction issued under this section, either before, 
                during, or after the completion of the act or 
                transaction;
                    ``(B) any property in which any foreign country or 
                any national of a foreign country has or has had any 
                interest; and
                    ``(C) any other information the President 
                determines necessary to carry out the provisions of 
                this section.
            ``(2) Production of information.--The President may require 
        any person--
                    ``(A) to provide any information required to be 
                kept by the person under paragraph (1) under oath and 
                in the form of reports or any other form; and
                    ``(B) to produce any books of account, records, 
                contracts, letters, memoranda, or other papers in the 
                custody or control of the person that relate to any 
                information required to be kept under paragraph (1).
    ``(h) Reports on Use of Funds.--
            ``(1) In general.--Not later than 90 days after the 
        President first confiscates and vests funds or other property 
        under subsection (c), and every 90 days thereafter, the 
        President shall submit to the appropriate congressional 
        committees a report detailing, for the 90-day period preceding 
        the submission of the report--
                    ``(A) the amount of funds and other property 
                confiscated and transferred under this section;
                    ``(B) the executive agencies and other persons to 
                which such funds were transferred;
                    ``(C) the manner in which such funds were used; and
                    ``(D) the amount remaining in the account 
                established under subsection (d) at the end of the 90-
                day period.
            ``(2) Special rule with respect to report relating to 
        authorization of confiscation of additional amounts.--If, after 
        the date on which a report is required to be submitted by 
        paragraph (1) and before the next such report is required to be 
        submitted, the President submits to the appropriate 
        congressional committees the report described in subsection 
        (f)(1)(B)(ii)(II), the President--
                    ``(A) shall include in the report described in 
                subsection (f)(1)(B)(ii)(II) the information required 
                to be included in the report required by paragraph (1) 
                for the period that--
                            ``(i) begins on the date on which the last 
                        report required by paragraph (1) was required 
                        to be submitted; and
                            ``(ii) ends on the date on which the 
                        President submits the report described in 
                        subsection (f)(1)(B)(ii)(II); and
                    ``(B) may include in the next report required by 
                paragraph (1) only the information required by 
                paragraph (1) for the period--
                            ``(i) beginning on the date on which the 
                        report described in subsection 
                        (f)(1)(B)(ii)(II) is submitted; and
                            ``(ii) ending on the date on which the 
                        report required by paragraph (1) is required to 
                        be submitted.
    ``(i) Government Accountability Office Report.--Not later than 180 
days after the date of the enactment of the Libyan Assets for 
Humanitarian Relief Act of 2011, and every 180 days thereafter, the 
Comptroller General of the United States shall submit to the 
appropriate congressional committees a report assessing the 
confiscation and vesting of funds and other property under subsection 
(c) and the use of funds under subsection (e).
    ``(j) Penalties.--The penalties provided for in subsections (b) and 
(c) of section 206 shall apply to a person that violates, attempts to 
violate, conspires to violate, or causes a violation of this section or 
any regulation, instruction, license, order, or direction issued under 
this section to the same extent that such penalties apply to a person 
that commits an unlawful act described in section 206(a).
    ``(k) Judicial Review.--
            ``(1) Safe harbor.--A person that complies fully with a 
        regulation, instruction, license, order, or direction issued 
        under this section may not be held liable for a violation of 
        this section.
            ``(2) Good faith compliance.--A person may not be held 
        liable in any court for or with respect to any act or omission 
        done in good faith in connection with the administration of, or 
        pursuant to and in reliance on, this section, or any 
        regulation, instruction, license, order, or direction issued 
        under this section.
            ``(3) No legal process with respect to confiscated 
        property.--Any funds or other property confiscated and vested 
        under subsection (c), including any proceeds from the 
        liquidation or sale of such property, shall be immune from any 
        legal process or attachment.
            ``(4) Actions taken under this section.--No action taken 
        under this section, other than the imposition of penalties with 
        respect to a person under subsection (j), shall be reviewable 
        in any court in the United States.
            ``(5) Rule of construction.--This section does not create 
        any right or benefit, substantive or procedural, that is 
        enforceable at law or in equity by any party against the United 
        States, any agency of the United States, any officer or 
        employee of the United States, or any other person.
    ``(l) Termination.--
            ``(1) In general.--Except to the extent necessary to carry 
        out the plan required by paragraph (2), the provisions of this 
        section (other than subsections (a), (g), (j), (k), and (m)) 
        shall terminate on the date described in paragraph (3).
            ``(2) Plan for distribution of remaining amounts.--On the 
        date described in paragraph (3), the President shall submit to 
        the appropriate congressional committees a report describing 
        the plan of the President for using any funds remaining of the 
        amounts confiscated and vested under this section that--
                    ``(A) describes how any of such funds that are 
                obligated as of that date will be expended; and
                    ``(B) provides for the distribution of any of such 
                funds that are unobligated as of that date to a 
                successor government of Libya.
            ``(3) Date described.--The date described in this paragraph 
        is the date on which the national emergency declared by the 
        President with respect to Libya pursuant to section 202 expires 
        and is not continued by the President.
    ``(m) Regulations.--The President shall prescribe such regulations 
as may be necessary to carry out the provisions of this section.''.
    (b) Clerical Amendment.--Section 204 of the International Emergency 
Economic Powers Act (50 U.S.C. 1703) is amended--
            (1) in subsection (b), by striking ``Whenever'' and 
        inserting ``Except as provided in subsection (e), whenever''; 
        and
            (2) by adding at the end the following:
    ``(e) Reports Relating to Confiscation of Assets of the Government 
of Libya.--If the President exercises the authority provided under 
section 209, the President shall submit reports in accordance with 
subsection (h) of that section.''.
                                 <all>