II 112th CONGRESS 1st Session S. 1520 IN THE SENATE OF THE UNITED STATES September 7, 2011 Mr. Menendez (for himself, Mr. Lautenberg, Mr. Schumer, and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To ensure the continued investigation of terrorist attacks against the United States attributable to the government of Muammar Qaddafi.

1.

Short title

This Act may be cited as the Pan Am Flight 103 Accountability Act of 2011.

2.

Investigation of terrorist attacks against the United States attributable to the government of Muammar Qaddafi

(a)

Continuing investigation

(1)

In general

The President shall continue any investigative activities of any Federal agencies with regard to the bombing of Pan Am flight 103 and any other terrorist attacks attributable to the government of Muammar Qaddafi against United States citizens, with the goal of determining the identities of the individuals responsible for the attacks and bringing such individuals to justice. (2)

Cooperation

(A)

In general

The President shall urge the Transitional National Council and any successor government of Libya to cooperate with and participate in the investigative activities described in paragraph (1). (B)

Consideration of cooperation in assistance decisions

The President shall consider the cooperation by the Transitional National Council and any successor government of Libya with respect to the investigative activities described in paragraph (1) when making decisions about the provision of United States assistance to the successor government. (b)

Restriction on availability of frozen assets

(1)

Limitation

Except as provided in paragraph (2), the President may not distribute property confiscated from Muammar Qaddafi, his family, and the Government of Libya to the Transitional National Council or any successor government of Libya until the President certifies to Congress that the Transitional National Council or successor government is fully cooperating with requests for information and ongoing investigations related to the bombing of Pan Am flight 103 and any other terrorist attacks attributable to the government of Muammar Qaddafi against United States citizens. (2)

Exception for humanitarian assistance

The restriction in paragraph (1) does not apply to the distribution of property for humanitarian purposes. (3)

National security waiver

The President may waive the restriction in paragraph (1) upon certifying to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives that the provision of confiscated assets to the Transitional National Council or any successor government of Libya is in the national security interest of the United States. (c)

Report

(1)

In general

Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to Congress a report on investigative activities described in subsection (a), including the following elements: (A)A description of efforts by the President to ascertain information through all available channels, including inquiries with members of the Transitional National Council and any successor government of Libya, about the bombing of Pan Am flight 103 and other terrorist attacks attributable to the government of Muammar Qaddafi against United States citizens, with the goal of determining the identities of persons who have knowledge about such attacks or were involved in the planning, execution, or cover-up of the attacks. (B)An assessment of the cooperation of the Transitional National Council and any successor government of Libya in ascertaining such information and in facilitating access to necessary persons and documents related to the bombing of Pan Am flight 103 and other terrorist attacks attributable to the government of Muammar Qaddafi against United States citizens. (2)

Form

The report required under paragraph (1) shall be unclassified, but may contain a classified annex. (3)

Sunset

The reporting requirement under paragraph (1) shall terminate upon a certification by the President to Congress that the Transitional National Council or any successor government of Libya has made available all relevant information about the bombing of Pan Am Flight 103 and other terrorist attacks attributable to the government of Muammar Qaddafi against United States citizens.