Congressional Record, Volume 166 Issue 196 (Wednesday, November 18, 2020)

[Congressional Record Volume 166, Number 196 (Wednesday, November 18, 2020)]
[House]
[Pages H5886-H5892]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

LIBYA STABILIZATION ACT

Mr. ENGEL. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 4644) to clarify United States policy toward Libya, advance a
diplomatic solution to the conflict in Libya, and support the people of
Libya, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 4644

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Libya
Stabilization Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; statement of policy.

TITLE I--IDENTIFYING CHALLENGES TO STABILITY IN LIBYA

Sec. 101. Report on activities of certain foreign governments and
actors in Libya.
Sec. 102. Report of Russian activities and objectives in Libya.
Sec. 103. Determination of sanctionable activities of the Libyan
National Army with respect to Syria.

TITLE II--ACTIONS TO ADDRESS FOREIGN INTERVENTION IN LIBYA

Sec. 201. Sanctions with respect to foreign persons leading, directing,
or supporting certain foreign government involvement in
Libya.
Sec. 202. Sanctions with respect to foreign persons threatening the
peace or stability of Libya.
Sec. 203. Sanctions with respect to foreign persons who are responsible
for or complicit in gross violations of internationally
recognized human rights committed in Libya.
Sec. 204. Sanctions described.
Sec. 205. Waiver.
Sec. 206. Implementation and regulatory authority.
Sec. 207. Exception relating to importation of goods.
Sec. 208. Definitions.
Sec. 209. Suspension of sanctions.
Sec. 210. Sunset.

TITLE III--ASSISTANCE FOR LIBYA

Sec. 301. Humanitarian relief for the people of Libya and international
refugees and migrants in Libya.
Sec. 302. Support for democratic governance, elections, and civil
society.
Sec. 303. Engaging international financial institutions to advance
Libyan economic recovery and improve public sector
financial management.
Sec. 304. Recovering assets stolen from the Libyan people.

TITLE IV--DETERMINATION OF BUDGETARY EFFECTS

Sec. 401. Determination of budgetary effects.

SEC. 2. FINDINGS; STATEMENT OF POLICY.

(a) Findings.--Congress makes the following findings:
(1) The stability and territorial unity of Libya is
critical to the security of the United States, Europe, North
Africa, and the Sahel, as well as maritime routes in the
southern Mediterranean Sea.
(2) United States Africa Command (AFRICOM) identifies
containing instability in Libya as one of its six main lines
of effort in Africa and works to support diplomatic efforts
to reconstitute the Libyan State and to disrupt terrorist
organizations that impede that process or threaten United
States interests.
(3) According to the Defense Intelligence Agency, the
Islamic State in Libya (ISIS-Libya) is ``degraded''. However,
Secretary of Defense Mark Esper said in November 2019 that
there is a continued need for lethal operations to keep ISIS-
Libya in a degraded state.
(4) On April 4, 2019, Khalifa Haftar, the commander of the
Libyan National Army (LNA) ordered forces loyal to him to
begin a unilateral military operation to take control of
Tripoli, the capital of Libya and seat of the Government of
National Accord (GNA), an interim body that emerged from
previous United Nations-backed negotiations which the United
States Government and the United Nations Security Council
have recognized since 2015.
(5) Both the LNA, the GNA, and their associated forces have
failed to observe their obligations under international
humanitarian law, increased the geographic scope of the
conflict, ignored calls for de-escalation and a ceasefire,
recruited foreign mercenaries, and intensified ground and air
campaigns using heavy weapons, aircraft, and reportedly using
armed drones provided by foreign powers.
(6) According to then-United Nations Special Representative
and Head of the United Nations Support Mission in Libya
(UNSMIL), Ghassan Salame, weapons provided by foreign powers
to the warring parties in violation of the United Nations
arms embargo are being sold to or captured by terrorist
groups active in Libya.
(7) According to the United Nations, since the LNA
offensive began in April 2019, the conflict in Libya has led
to the deaths of more than 2,200 people and the displacement
of more than 150,000 people.
(8) All sides of the conflict have requisitioned the houses
of civilians, targeted medical facilities, and inhibited
humanitarian access to food, health, and other life-saving
services, worsening humanitarian conditions.
(9) More than 2,200 refugees and migrants are detained in
detention facilities in Libya with serious risks of torture,
starvation, sexual abuse, and death. On July 2, 2019, an
airstrike against the Tajura Detention Center killed 53 and
wounded 130 people trapped in the center. The United Nations
has called for the immediate release, evacuation, and
protection of refugees and migrants detained in conflict
zones.
(10) The Department of State's 2020 Trafficking in Persons
Report states with regard to Libya, ``Trafficking victims--
including men, women, and children--are highly vulnerable to
extreme violence and other human rights violations in Libya
by governmental and non-state armed groups, including:
physical, sexual, and verbal assault; abduction for ransom;
extortion; arbitrary killings; inhumane detention; and child
soldiering. . .Migrants in Libya are extremely vulnerable to
sex and labor trafficking [and . . .] are vulnerable to
exploitation by state and non-state actors, including
employers who refuse to pay laborers' wages.''.
(11) In November 2019, the GNA and the Government of Turkey
signed a Memorandum of Understanding on maritime boundaries
in the Mediterranean Sea.
(12) According to a July 2020 Department of Defense
Inspector General report, the Wagner Group, a Russian private
military company, has deployed as many as 2,500 mercenary
forces, including some Syrian fighters, advanced equipment,
and advanced capabilities to support the LNA and Russian
objectives in North Africa.
(13) According to a July 2020 Department of Defense
Inspector General report, ``Turkey's president acknowledged
that his country sent many Syrian militants to Libya to
support the Government of National Accord (GNA). .
..USAFRICOM estimated that 3,500 Syrian mercenaries were in
Libya supporting the GNA as of the end of March. Citing press
reports, USAFRICOM stated that an additional 300 Turkish-
supported `Syrian opposition' fighters arrived in Libya in
early April.''.
(14) In January 2020, LNA-aligned forces shut down oil
production in eastern Libya, which according to the United
Nations threatens devastating consequences for the Libyan
people and for the country's economic and financial
situation.
(15) On January 19, 2020, at a peace conference in Berlin,
representatives of the Governments of Algeria, China, Egypt,
France, Germany, Italy, Russia, Turkey, the Republic of
Congo, the United Arab Emirates, the United Kingdom, and the
United States, as well as regional and multilateral
organizations, agreed to refrain from interference in Libya's
internal affairs, abide by the United Nations arms embargo,
and advance a 55-point communique to resolve the conflict in
Libya.
(16) On January 30, 2020, then-United Nations Special
Representative Salame asserted, ``the warring parties have
continued to receive advanced equipment, fighters, and
advisors from foreign states, in violation of the UN arms
embargo and pledges made by representatives of these
countries in Berlin''.
(17) On February 12, 2020, the United States Assistant
Secretary of State for Near Eastern Affairs testified before
the Senate Foreign Relations Committee, ``The task of
bringing the Libyans back to the negotiating table has been
complicated by the involvement of external actors. Libya is
not the place for Russian mercenaries, or fighters from
Syria, Chad, and Sudan. It is not the place for the Emiratis,
Russians, or Turks to be fighting battles on the ground
through intermediaries they sponsor or support with
sophisticated and deadly equipment in pursuit of their own
agendas.''.
(18) On February 13, 2020, the United Nations Security
Council adopted Resolution 2510, which endorses the
Conclusions of the International Conference on Libya held in
Berlin, affirms the need for a lasting ceasefire, demands
full compliance by all

[[Page H5887]]

member states with the United Nations arms embargo, and
expresses unequivocal support for the United Nations Special
Representative and the ongoing UNSMIL-facilitated intra-
Libyan dialogue.
(b) Statement of Policy.--It is the policy of the United
States--
(1) to advance a peaceful resolution to the conflict in
Libya through a political process as the best way to secure
United States interests, ensure a stable and unified Libya,
reduce the threat of terrorism, and provide peace and
opportunity to the Libyan people;
(2) to support the implementation of United Nations
Security Council Resolutions 1970 (2011) and 1973 (2011),
which established an arms embargo on Libya, and subsequent
resolutions modifying and extending the embargo;
(3) to enforce Executive Order 13726 (81 Fed. Reg. 23559;
relating to blocking property and suspending entry into the
United States of persons contributing to the situation in
Libya (April 19, 2016)), designed to target individuals or
entities who ``threaten the peace, security, and stability of
Libya'';
(4) to oppose attacks on civilians, medical workers, and
critical infrastructure, including water supplies, in Libya,
and to support accountability for those engaged in such
heinous actions;
(5) to support Libya's sovereignty, independence,
territorial integrity, and national unity consistent with
United Nations Security Council Resolution 2510 (2020) and
all predecessor resolutions with respect to Libya, including
by--
(A) taking action to end the violence and flow of arms;
(B) rejecting attempts by any party to illicitly export
Libya's oil; and
(C) urging Libyan parties to eject foreign military and
mercenary forces;
(6) to leverage diplomatic relations to convince the
parties to the conflict in Libya to immediately de-escalate
and halt their current fighting and persuade foreign powers
to stop providing personnel, including mercenaries, weapons,
and financing that exacerbate the conflict;
(7) to support building on the Libyan Political Agreement
as a viable framework for the political solution in Libya and
to urge all Libyan parties to resume the inclusive Libyan-led
and Libyan-owned political process under the auspices of
UNSMIL;
(8) to support a negotiated and peaceful political solution
that includes a single, unified, inclusive, and effective
Libyan Government approved by the Libyan House of
Representatives, the end of a transitional period achieved
through free, fair, inclusive, and credible elections, a fair
and transparent allocation of resources, interim security
arrangements, and a process for the reunification of Libyan
government ministries and Libyan sovereign institutions,
including the Central Bank of Libya, the National Oil
Corporation, and the Libyan Investment Authority;
(9) to support constant, unimpeded, and reliable
humanitarian access to those in need and to hold accountable
those who impede or threaten the delivery of humanitarian
assistance;
(10) to seek to bring an end to trafficking in persons such
as slavery, forced labor, and sexual exploitation, including
with respect to migrants;
(11) to advocate for the immediate release and safe
evacuations of detained refugees and migrants trapped by the
fighting in Libya;
(12) to encourage implementation of UNSMIL's plan for the
organized and gradual closure of migrant detention centers in
Libya;
(13) to support current and future democratic and economic
development; and
(14) to discourage all parties from heightening tensions in
the region, through unhelpful and provocative actions.

TITLE I--IDENTIFYING CHALLENGES TO STABILITY IN LIBYA

SEC. 101. REPORT ON ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS
AND ACTORS IN LIBYA.

(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Director of National Intelligence,
shall submit to the appropriate congressional committees a
report that includes--
(1) a description of the full extent of involvement in
Libya by foreign governments, including the Governments of
Russia, Turkey, the United Arab Emirates, Egypt, Sudan, Chad,
China, Saudi Arabia, and Qatar, including--
(A) a description of which governments are linked to drone
and aircraft strikes;
(B) a list of the types and estimated amounts of equipment
transferred by each government described in this paragraph to
the parties to the conflict, including foreign military
contractors, mercenaries, or paramilitary forces operating in
Libya; and
(C) an estimate of the financial support provided by each
government described in this paragraph to the parties to the
conflict, including foreign military contractors,
mercenaries, or paramilitary forces operating in Libya;
(2) an analysis and determination of whether the actions by
the governments described in paragraph (1) violate the arms
embargo with respect to Libya under United Nations Security
Council Resolution 2473 (2019) and other relevant Security
Council resolutions;
(3) a list of the specific offending materiel or financial
support transfers provided by a government described in
paragraph (1) that violate the arms embargo with respect to
Libya under United Nations Security Council Resolution 2473
(2019) and other relevant Security Council resolutions;
(4) a description of the activities of each foreign armed
group, including the Russian Wagner Group, Turkish military
contractors and mercenaries, affiliates of ISIS, al-Qaida in
the Islamic Maghreb (AQIM), and Ansar al-Sharia, in Libya;
(5) a description of European Union and North Atlantic
Treaty Organization (NATO) efforts to enforce the United
Nations arms embargo and facilitate a ceasefire;
(6) a description of any violations of the arms embargo by
European Union member states; and
(7) a description of United States diplomatic engagement
with the European Union and NATO regarding enforcement of the
United Nations arms embargo.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.

SEC. 102. REPORT OF RUSSIAN ACTIVITIES AND OBJECTIVES IN
LIBYA.

(a) Findings.--Congress makes the following findings:
(1) General Stephen Townsend, Commander of United States
Africa Command (AFRICOM), warned in January 2020 that in
Libya, Russia seeks to ``demonstrate itself as an alternative
partner to the West'' and seeks to position itself alongside
the southern flank of the North Atlantic Treaty Organization
(NATO).
(2) AFRICOM has also stated that the Russian military
presence in Libya threatens future United States military
partnerships and counterterrorism cooperation by impeding
United States access to Libya.
(3) In May 2020, AFRICOM reported that the Government of
Russia deployed 14 MiG-29 and Su-24 aircraft to Libya to
support Russian state-sponsored private military contractors,
including the Wagner Group.
(b) Report.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report that
contains an assessment of Russian activities and objectives
in Libya, including--
(A) the potential threat such activities pose to the United
States, southern Europe, NATO, and partners in the
Mediterranean Sea and North African region;
(B) the direct role of Russia in Libyan financial affairs,
to include issuing and printing currency; and
(C) Russia's use of mercenaries, military contractors,
equipment, and paramilitary forces in Libya.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Foreign Relations of the Senate.

SEC. 103. DETERMINATION OF SANCTIONABLE ACTIVITIES OF THE
LIBYAN NATIONAL ARMY WITH RESPECT TO SYRIA.

Not later than 180 days after the date of the enactment of
this Act, the President shall submit to the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a list of
members of the Libyan National Army (LNA), and details of
their activities, that the President determines are knowingly
responsible for sanctionable offenses pursuant to--
(1) section 7412 of the Caesar Syria Civilian Protection
Act of 2019 (22 U.S.C. 8791 note; 133 Stat. 2292); or
(2) Executive Order 13582 (76 Fed. Reg. 52209; relating to
blocking property of the Government of Syria and prohibiting
certain transactions with respect to Syria (August 17,
2011)).

TITLE II--ACTIONS TO ADDRESS FOREIGN INTERVENTION IN LIBYA

SEC. 201. SANCTIONS WITH RESPECT TO FOREIGN PERSONS LEADING,
DIRECTING, OR SUPPORTING CERTAIN FOREIGN
GOVERNMENT INVOLVEMENT IN LIBYA.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall impose each of
the sanctions described in section 204 with respect to each
foreign person that the President determines knowingly
engages in an activity described in subsection (b).
(b) Activities Described.--A foreign person engages in an
activity described in this subsection if the person leads,
directs, or provides significant financial, material, or
technological support to, or knowingly engages in a
significant transaction with, a non-Libyan foreign person
that is--
(1) in Libya in a military or commercial capacity as a
military contractor, mercenary, or part of a paramilitary
force; and

[[Page H5888]]

(2) engaged in significant actions that threaten the peace,
security, or stability of Libya.

SEC. 202. SANCTIONS WITH RESPECT TO FOREIGN PERSONS
THREATENING THE PEACE OR STABILITY OF LIBYA.

(a) Imposition of Sanctions.--The President shall impose
each of the sanctions described in section 204 with respect
to each foreign person on the list required by subsection
(b).
(b) List.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a list of--
(1) foreign persons, including senior government officials,
militia leaders, paramilitary leaders, and other persons who
provide significant support to militia or paramilitary groups
in Libya, that the President determines are knowingly--
(A) engaged in significant actions or policies that
threaten the peace, security, or stability of Libya,
including any supply of arms or related materiel in violation
of a United Nations Security Council resolution with respect
to Libya;
(B) engaged in significant actions or policies that
obstruct, undermine, delay, or impede, or pose a significant
risk of obstructing, undermining, delaying, or impeding the
United Nations-mediated political process that seeks a
negotiated and peaceful solution to the Libyan crisis;
(C) engaged in significant actions that may lead to or
result in the misappropriation of significant state assets of
Libya;
(D) involved in, or has been involved in, the significant
illicit exploitation of crude oil or any other natural
resources in Libya, including the significant illicit
production, refining, brokering, sale, purchase, or export of
Libyan oil;
(E) significantly threatening or coercing Libyan state
financial institutions or the Libyan National Oil Company; or
(F) significantly responsible for actions or policies that
are intended to undermine efforts to promote stabilization
and economic recovery in Libya;
(2) foreign persons that the President determines are
successor entities to persons referred to in subparagraphs
(A) through (F) of paragraph (1); and
(3) foreign persons that the President determines--
(A) own or control, or are owned or controlled by, a person
referred to in any of subparagraphs (A) through (F) of
paragraph (1) or paragraph (2); and
(B) have provided, or attempted to provide, significant
financial, material, technological, or other support for, or
goods or services in support of, a person referred to in any
of subparagraphs (A) through (F) of paragraph (1) or
paragraph (2) for purposes of engaging in any activity listed
in such subparagraphs (A) through (F) of paragraph (1).
(4) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 180 days after the date of the enactment
of this Act and annually thereafter for a period of 5 years;
or
(B) as new information becomes available.
(5) Form.--The list required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.

SEC. 203. SANCTIONS WITH RESPECT TO FOREIGN PERSONS WHO ARE
RESPONSIBLE FOR OR COMPLICIT IN GROSS
VIOLATIONS OF INTERNATIONALLY RECOGNIZED HUMAN
RIGHTS COMMITTED IN LIBYA.

SEC. 204. SANCTIONS DESCRIBED.

(a) Sanctions Described.--The sanctions to be imposed with
respect to a foreign person under section 201, 202, or 203
are the following:
(1) Blocking of property.--The President shall exercise all
of the powers granted to the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)
(except that the requirements of section 202 of such Act (50
U.S.C. 1701) shall not apply) to the extent necessary to
block and prohibit all transactions in property and interests
in property of the person if such property and interests in
property are in the United States, come within the United
States, or are or come within the possession or control of a
United States person.
(2) Inadmissibility of certain individuals.--
(A) Ineligibility for visas, admission, or parole.--A
foreign person who meets any of the criteria described
section 201, 202, or 203 is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--A foreign person subject to
section 201, 202, or 203 is subject to the following:
(i) Revocation of any visa or other entry documentation
regardless of when the visa or other entry documentation is
or was issued.
(ii) A revocation under clause (i) shall--

(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry
documentation that is in the foreign person's possession.

(b) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations promulgated under section
306(2) to carry out subsection (a)(1) to the same extent that
such penalties apply to a person that commits an unlawful act
described in section 206(a) of that Act.
(c) Exception.--Sanctions under subsection (a)(2) shall not
apply to an alien if admitting or paroling the alien into the
United States is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations of the United States.
(d) Exception to Comply With National Security.--The
following activities shall be exempt from sanctions under
this section:
(1) Activities subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091
et seq.).
(2) Any authorized intelligence or law enforcement
activities of the United States.

SEC. 205. WAIVER.

The President may waive the application of sanctions
imposed on a foreign person under this title if the
President--
(1) determines that such a waiver is in the national
interest of the United States; and
(2) not later than the date on which such waiver will take
effect, submits to the appropriate congressional committees a
notice of and justification for such waiver.

SEC. 206. IMPLEMENTATION AND REGULATORY AUTHORITY.

The President--
(1) is authorized to exercise all authorities provided to
the President under sections 203 and 205 of the International
Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to
carry out this title; and
(2) shall issue such regulations, licenses, and orders as
are necessary to carry out this title.

SEC. 207. EXCEPTION RELATING TO IMPORTATION OF GOODS.

(a) In General.--The authorities and requirements to impose
sanctions under this title shall not include the authority or
requirement to impose sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or man-made substance, material, supply
or manufactured product, including inspection and test
equipment and excluding technical data.

SEC. 208. DEFINITIONS.

In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(2) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(3) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(4) Foreign government.--The term ``foreign government''
means any government of a country other than the United
States.
(5) Knowingly.--The term ``knowingly'' with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(6) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or an
alien lawfully admitted for permanent residence to the United
States; or
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
(7) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized

[[Page H5889]]

human rights'' has the meaning given such term in section
502B(d)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2304(d)(1)).

SEC. 209. SUSPENSION OF SANCTIONS.

(a) In General.--The President may suspend in whole or in
part the imposition of sanctions otherwise required under
this title for periods not to exceed 90 days if the President
determines that the parties to the conflict in Libya have
agreed to and are upholding a sustainable, good-faith
ceasefire in support of a lasting political solution in
Libya.
(b) Notification Required.--Not later than 30 days after
the date on which the President makes a determination to
suspend the imposition of sanctions as described in
subsection (a), the President shall submit to the appropriate
congressional committees a notification of the determination.
(c) Reimposition of Sanctions.--Any sanctions suspended
under subsection (a) shall be reimposed if the President
determines that the criteria described in that subsection are
no longer being met.

SEC. 210. SUNSET.

The requirement to impose sanctions under this title shall
cease to be effective on December 31, 2024.

TITLE III--ASSISTANCE FOR LIBYA

SEC. 301. HUMANITARIAN RELIEF FOR THE PEOPLE OF LIBYA AND
INTERNATIONAL REFUGEES AND MIGRANTS IN LIBYA.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should--
(A) continue efforts to address Libya's humanitarian
crisis;
(B) leverage diplomatic relations with the warring parties
to guarantee constant, reliable humanitarian access by
frontline providers in Libya;
(C) leverage diplomatic relations with the warring parties,
the United Nations, and the European Union to encourage the
voluntary safe passage of detained vulnerable migrants and
refugees from the conflict zones in Libya; and
(D) support efforts to document and publicize gross
violations of internationally recognized human rights and
international humanitarian law, including efforts related to
trafficking in persons such as slavery, forced labor, and
sexual exploitation, and hold perpetrators accountable; and
(2) humanitarian assistance to address the crisis in Libya
should be targeted toward those most in need and delivered
through partners that uphold internationally recognized
humanitarian principles, with robust monitoring to ensure
assistance is reaching intended beneficiaries.
(b) Assistance Authorized.--The Administrator of the United
States Agency for International Development, in coordination
with the Secretary of State, should continue to support
humanitarian assistance to individuals and communities in
Libya, including--
(1) health assistance, including logistical and technical
assistance to hospitals, ambulances, and health clinics in
affected communities, including migrant communities, and
provision of basic public health commodities;
(2) services, such as medicines and medical supplies and
equipment;
(3) assistance to provide--
(A) protection, food, and shelter, including to migrant
communities; and
(B) water, sanitation, and hygiene (commonly referred to as
``WASH''); and
(4) technical assistance to ensure health, food, and
commodities are appropriately selected, procured, targeted,
monitored, and distributed.
(c) Strategy.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development, shall submit to the
appropriate congressional committees a strategy on the
following:
(1) How the United States, working with relevant foreign
governments and multilateral organizations, plans to address
the humanitarian situation in Libya.
(2) Diplomatic efforts by the United States to encourage
strategic burden-sharing with international donors, including
foreign governments and multilateral organizations on efforts
to improve the humanitarian situation in Libya.
(3) How to address humanitarian access challenges and
ensure protection for vulnerable refugees and migrants,
including protection from trafficking in persons such as
slavery, forced labor, and sexual exploitation.
(4) How the United States is mitigating risk, utilizing
third party monitors, and ensuring effective delivery of
assistance.
(d) Diplomatic Engagement.--The Secretary of State, in
consultation with the Administrator of the United States
Agency for International Development, should work with
relevant foreign governments and multilateral organizations
to coordinate a high-level summit with respect to Libya in
order to--
(1) advance a ceasefire;
(2) facilitate a political process to achieve such a
ceasefire; and
(3) coordinate donations to advance the provision of
humanitarian assistance to the people of Libya and
international migrants and refugees in Libya in order to
carry out the strategy required by subsection (c).
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.

SEC. 302. SUPPORT FOR DEMOCRATIC GOVERNANCE, ELECTIONS, AND
CIVIL SOCIETY.

(a) In General.--The Secretary of State shall coordinate
United States Government efforts to--
(1) support efforts to resolve the current civil conflict
in Libya;
(2) work to help the people of Libya and a future Libyan
government develop functioning, unified Libyan economic,
security, and governing institutions;
(3) work to ensure free, fair, inclusive, and credible
elections organized by an independent and effective High
National Elections Commission in Libya, including through
supporting electoral security and international election
observation and by providing training and technical
assistance to institutions with election-related
responsibilities, as appropriate;
(4) work with the people of Libya, nongovernmental
organizations, and Libyan institutions to strengthen
democratic governance, reinforce civilian institutions and
support decentralization in order to address community
grievances, promote social cohesion, mitigate drivers of
violent extremism, and help communities recover from Islamic
State occupation;
(5) defend against gross violations of internationally
recognized human rights in Libya, including by supporting
efforts to document such violations;
(6) to combat corruption and improve the transparency and
accountability of Libyan government institutions; and
(7) to support the efforts of independent media outlets to
broadcast, distribute, and share information with the Libyan
people.
(b) Risk Mitigation and Assistance Monitoring.--The
Secretary of State and Administrator of the United States
Agency for International Development shall ensure that
appropriate steps are taken to mitigate risk of diversion of
assistance for Libya and ensure reliable third-party
monitoring is utilized for projects in Libya that United
States Government personnel are unable to access and monitor.
(c) Report.--
(1) In general.--Not later than 180 days after enactment of
this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development, shall submit to the appropriate congressional
committees a report on the activities carried out under
subsection (a).
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$23,000,000 for fiscal year 2021 to carry out subsection (a).
(2) Notification requirements.--Any expenditure of amounts
made available to carry out subsection (a) shall be subject
to the notification requirements applicable to--
(A) expenditures from the Economic Support Fund under
section 531(c) of the Foreign Assistance Act of 1961 (22
U.S.C. 2346(c)); and
(B) expenditures from the Development Assistance Fund under
section 653(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2413(a)).

SEC. 303. ENGAGING INTERNATIONAL FINANCIAL INSTITUTIONS TO
ADVANCE LIBYAN ECONOMIC RECOVERY AND IMPROVE
PUBLIC SECTOR FINANCIAL MANAGEMENT.

(a) In General.--The Secretary of the Treasury shall
instruct the United States Executive Director at each
international financial institution to use the voice, vote,
and influence of the United States to support, in a way that
is consistent with broader United States national interests,
a Libyan-led process to develop a framework for the economic
recovery of Libya and improved public sector financial
management, complementary to United Nations-led peace efforts
and in support of the future establishment of a sovereign
state with democratic institutions and the rule of law in
Libya.
(b) Additional Elements.--To the extent consistent with
broader United States national interests, the framework
described in subsection (a) shall include the following
policy proposals:
(1) To restore, respect, and safeguard the integrity,
unity, and lawful governance of Libya's key economic
ministries and institutions, in particular the Central Bank
of Libya, the Libya Investment Authority, the National Oil
Corporation, and the Audit Bureau (AB).
(2) To improve the accountability and effectiveness of
Libyan authorities, including sovereign economic
institutions, in providing services and opportunity to the
Libyan people.
(3) To assist in improving public financial management and
reconciling the public accounts of national financial
institutions and letters of credit issued by private Libyan
financial institutions as needed pursuant to a political
process.
(4) To restore the production, efficient management, and
development of Libya's oil

[[Page H5890]]

and gas industries so such industries are resilient against
malign foreign influence and can generate prosperity on
behalf of the Libyan people.
(5) To promote the development of private sector
enterprise.
(6) To improve the transparency and accountability of
public sector employment and wage distribution.
(7) To strengthen supervision of and reform of Libyan
financial institutions.
(8) To eliminate exploitation of price controls and market
distorting subsidies in the Libyan economy.
(9) To support opportunities for United States businesses.
(c) Consultation.--In supporting the framework described in
subsection (a), the Secretary of the Treasury shall instruct
the United States Executive Director at each international
financial institution to encourage the institution to consult
with relevant stakeholders in the financial, governance, and
energy sectors.
(d) Definition of International Financial Institution.--In
this section, the term ``international financial
institution'' means the International Monetary Fund,
International Bank for Reconstruction and Development,
European Bank for Reconstruction and Development,
International Development Association, International Finance
Corporation, Multilateral Investment Guarantee Agency,
African Development Bank, African Development Fund, Asian
Development Bank, Inter-American Development Bank, Bank for
Economic Cooperation and Development in the Middle East and
North Africa, and Inter-American Investment Corporation.
(e) Termination.--The requirements of this section shall
cease to be effective on December 31, 2024.

SEC. 304. RECOVERING ASSETS STOLEN FROM THE LIBYAN PEOPLE.

(a) Sense of Congress.--It is the sense of Congress that
the Secretary of State, the Secretary of the Treasury, and
the Attorney General should, to the extent practicable,
advance a coordinated international effort--
(1) to carry out special financial investigations to
identify and track assets taken from the people and
institutions of Libya through theft, corruption, money
laundering, or other illicit means; and
(2) to work with foreign governments--
(A) to share financial investigations intelligence, as
appropriate;
(B) to oversee the assets identified pursuant to paragraph
(1); and
(C) to provide technical assistance to help governments
establish the necessary legal framework to carry out asset
forfeitures.
(b) Additional Elements.--The coordinated international
effort described in subsection (a) should include input
from--
(1) the Office of Terrorist Financing and Financial Crimes
of the Department of the Treasury;
(2) the Financial Crimes Enforcement Network of the
Department of the Treasury; and
(3) the Money Laundering and Asset Recovery Section of the
Department of Justice.

TITLE IV--DETERMINATION OF BUDGETARY EFFECTS

SEC. 401. DETERMINATION OF BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Engel) and the gentleman from Florida (Mr. Yoho) each will
control 20 minutes.
The Chair recognizes the gentleman from New York.

General Leave

Mr. ENGEL. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days in which to revise and extend their remarks and
include extraneous material on H.R. 4644.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of the Libya Stabilization Act,
an important piece of legislation introduced by the chairman and the
ranking member of the Middle East and North Africa Subcommittee, Mr.
Deutch, along with Ranking Member Wilson.
This bill responds to years of instability and violence in Libya,
which has given Russia a new foothold in North Africa and contributed
to the growth of violent extremist groups.
Though there is welcome news of an emerging ceasefire in Libya,
facilitated by the United Nations, sporadic violence continues and
dangerous militia groups remain active throughout the country.
The Libya Stabilization Act addresses these threats by sanctioning
outside actors who fuel the conflict or perpetrate human rights abuses.
The bill also directs additional U.S. support to humanitarian relief
and assistance efforts to help strengthen democratic governance; build
a better, peaceful future for Libya; and ensure the security of the
U.S. and our allies.
It is in our interest to help prevent Libya from spiraling even
further into lawlessness. A vacuum of leadership in Tripoli gives way
to extremism, which poses threats to the United States, our allies, and
partners.
I thank Mr. Deutch and Mr. Wilson for their work on this measure, and
I urge my colleagues to support it.
Mr. Speaker, I reserve the balance of my time.
House of Representatives,

Committee on the Judiciary,

Washington, DC, November 9, 2020.
Hon. Eliot Engel,
Chairman, Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Chairman Engel: This is to advise you that the
Committee on the Judiciary has now had an opportunity to
review the provisions in H.R. 4644, the ``Libya Stabilization
Act,'' that fall within our Rule X jurisdiction. I appreciate
your consulting with us on those provisions. The Judiciary
Committee has no objection to your including them in the bill
for consideration on the House floor, and to expedite that
consideration is willing to forgo action on H.R. 4644, with
the understanding that we do not thereby waive any future
jurisdictional claim over those provisions or their subject
matters.
In the event a House-Senate conference on this or similar
legislation is convened, the Judiciary Committee reserves the
right to request an appropriate number of conferees to
address any concerns with these or similar provisions that
may arise in conference.
Please place this letter into the Congressional Record
during consideration of the measure on the House floor. Thank
you for the cooperative spirit in which you have worked
regarding this matter and others between our committees.
Sincerely,
Jerrold Nadler,
Chairman.
____

House of Representatives,

Committee on Foreign Affairs,

Washington, DC, November 11, 2020.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Chairman Nadler: I am writing to you concerning H.R.
4644, Libya Stabilization Act. I appreciate your willingness
to work cooperatively on this legislation.
I acknowledge that provisions of the bill fall within the
jurisdiction of the House Committee on the Judiciary under
House Rule X, and that your Committee will forgo action on
H.R. 4644 to expedite floor consideration. I further
acknowledge that the inaction of your Committee with respect
to the bill does not waive any future jurisdictional claim
over the matters contained in the bill that fall within your
jurisdiction. I will also support the appointment of
Committee on the Judiciary conferees during any House-Senate
conference convened on this legislation.
Lastly, I will ensure that our exchange of letters is
included in the Congressional Record during floor
consideration of the bill. Thank you again for your
cooperation regarding the legislation. I look forward to
continuing to work with you as the measure moves through the
legislative process.
Sincerely,
Eliot L. Engel,
Chairman.
____

House of Representatives,

Committee on Foreign Affairs,

Washington, DC, November 11, 2020.
Hon. Maxine Waters,
Committee on Financial Services,
House of Representatives, Washington, DC.
Dear Chairwoman Waters: I am writing to you concerning H.R.
4644, Libya Stabilization Act. I appreciate your willingness
to work cooperatively on this legislation.
I acknowledge that provisions of the bill fall within the
jurisdiction of the Committee on Financial Services under
House Rule X, and that your Committee will forgo action on
H.R. 4644 to expedite floor consideration. I further
acknowledge that the inaction of your Committee with respect
to the bill does not waive any future jurisdictional claim
over the matters contained in the bill that fall within your
jurisdiction. I also acknowledge that your Committee will be
appropriately consulted and involved as this or similar
legislation moves forward, and will support the appointment
of Committee on Financial Services conferees during any
House-Senate conference convened on this legislation.
Lastly, I will ensure that our exchange of letters is
included in the Congressional Record during floor
consideration of the bill. Thank you again for your
cooperation regarding the legislation. I look forward to
continuing to work with you as the measure moves through the
legislative process.
Sincerely,
Eliot L. Engel,
Chairman.

[[Page H5891]]

____
House of Representatives,

Committee on Financial Services,

Washington, DC, November 13, 2020.
Hon. Eliot Engel,
Chairman, Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: I am writing concerning H.R. 4644, the
Libya Stabilization Act. In order to permit H.R. 4644 to
proceed expeditiously to the House Floor, I agree to forgo
formal consideration of the bill.
The Committee on Financial Services takes this action to
forego formal consideration of H.R. 4644 in light of the
mutually agreed changes to provisions within the jurisdiction
of the Committee on Financial Services. We are also doing so
based on our mutual understanding that, by foregoing formal
consideration of H.R. 4644 at this time, we do not waive any
jurisdiction over the subject matter contained in this or
similar legislation, and that our Committee will be
appropriately consulted and involved as this or similar
legislation moves forward with regard to any matters in the
Committee's jurisdiction. The Committee also reserves the
right to seek appointment of an appropriate number of
conferees to any House-Senate conference involving this or
similar legislation that involves the Committee's
jurisdiction and request your support for any such request.
Finally, I would appreciate your response to this letter
confirming this understanding, and I would ask that a copy of
our exchange of letters on this matter be included in the
Congressional Record during Floor consideration of H.R. 4644.
Sincerely,
Maxine Waters,
Chairwoman.

Mr. YOHO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 4644, the Libya Stabilization
Act. Despite a U.N. arms embargo, foreign actors are continuing to
support both sides of the conflict.
For example, Russia is supporting General Haftar's Libyan National
Army. AFRICOM publishes pictures of advanced Russian aircraft in Libya.
AFRICOM also estimates that Russia is supporting thousands of
mercenaries from the Wagner Group and from Syria to fight for Haftar.
Turkey has brought in more than 5,000 Syrian mercenaries to support the
Government of National Accord.
Flooding Libya with foreign mercenaries and heavy weaponry could
destabilize the country and region for generations.
We need to incentivize all parties to embrace a political track to
establish stable governance in Libya and end the violence. That is the
purpose of this legislation before us today.
I am pleased that since our committee first considered this bill over
the summer, the U.N. has managed to broker a ceasefire. The parties are
using this opportunity to continue negotiations regarding the future of
Libya.
Unfortunately, as we have seen many times in this conflict, there is
still the possibility that spoilers could upend this peace process.
That is why, under this legislation, if individuals are threatening
the peace, security, and stability of Libya, they will be subject to
sanctions. But the bill clearly states that if there is a ceasefire in
place, as there is at this time, at this very moment, then the
sanctions do not apply.
We are using our leverage to support the emerging political process
and a peaceful future for the people of Libya.
Mr. Speaker, I reserve the balance of my time.

{time} 1315

Mr. ENGEL. Mr. Speaker, it is now my pleasure to yield 2\1/2\ minutes
to the gentleman from Florida (Mr. Deutch), the author of this
important bill and the chair of the Subcommittee on the Middle East,
North Africa, and International Terrorism.
Mr. DEUTCH. Mr. Speaker, I will speak to this bill in just a couple
of seconds, but I want to pause, if I may, just to reflect on the
Committee on Foreign Affairs bills that are on the floor today and what
they say about the chairman of our committee, Mr. Engel.
Mr. Engel, for more than three decades in the United States House of
Representatives, has led with American values representing human
rights, standing with our allies, and standing up against autocrats all
around the world. And since I don't know, because of the pandemic, how
much floor time we will have in the coming days and weeks, I wanted to
take this moment to express on behalf of not only myself but I know so
so many of his colleagues and friends around the country our deep
appreciation for his leadership for all these years.
Mr. Speaker, I am pleased today that we are considering the Libya
Stabilization Act, a bipartisan bill that I introduced with my
colleague, Middle East Subcommittee Ranking Member Joe Wilson.
As Mr. Yoho said, since we advanced this legislation out of committee
in July, Libya experienced a cease-fire and a burst of diplomacy that I
hope will bring increased security and, eventually, peace to all
Libyans.
The most recent round of U.N.-led talks yielded an agreement to hold
``free and fair, inclusive and credible'' Presidential and
parliamentary elections next year.
These are important accomplishments, and credit should be given to
the Libyan representatives to the negotiations, as well as the U.N.,
the U.S. Embassy in Libya, and both the Tunisian and Egyptian
Governments for hosting recent political and military discussions.
However, hard work and difficult compromises lie ahead. Recent talks
failed to yield a transitional governmental administration. Public
services like electricity continue to be limited or nonexistent.
Moreover, progress on securing withdrawal of weapons, foreign forces,
and mercenaries from Libya remains elusive. And we should not forget
that previous diplomatic efforts in Libya repeatedly failed.
That is why it is so important that we pass this bill today. It calls
for a more active U.S. role in diplomacy, provides humanitarian
assistance, and supports future elections, measures that will reinforce
negotiations.
It also sanctions those who deploy mercenaries, support militias,
violate the U.N. arms embargo, and commit human rights violations in
Libya. The bill's punitive measures take effect if the cease-fire
collapses, which will incentivize the warring parties to remain at the
negotiating table rather than return to the battlefield.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. ENGEL. Mr. Speaker, I yield an additional 1 minute to the
gentleman from Florida (Mr. Deutch).
Mr. DEUTCH. Mr. Speaker, the bill that we will pass today
demonstrates this Congress' interest in deescalating the conflict and
that we support working with the U.N., our European allies, regional
states, and Libyans to end the war and to help rebuild Libya.
Again, Mr. Speaker, I thank Mr. Wilson for his leadership on this
issue. I also thank both the majority and minority staffs of the
committee, and special thanks to Ryan Doherty of my staff for his
tireless efforts in bringing this bill to this floor today.
Mr. YOHO. Mr. Speaker, in closing, I want to thank the gentleman from
Florida (Mr. Deutch) and the gentleman from South Carolina (Mr. Wilson)
for their leadership in introducing this bill, which I support.
Mr. Speaker, I urge all Members to support this legislation, and I
yield back the balance of my time.
Mr. ENGEL. Mr. Speaker, I want to once again thank Mr. Deutch and Mr.
Wilson for their hard work in authorizing this measure.
I want to thank Mr. Deutch for his kind words. We have worked very
closely together through the years on the Foreign Affairs Committee. He
has been one of the best members--always there, always fighting, always
principled--and I thank him for the nice, kind words he said about me.
We all say kind things about him because he is such an important
member of the House Foreign Affairs Committee, and I have enjoyed
serving with him all these years. So I thank the gentleman from Florida
(Mr. Deutch).
Mr. Speaker, let me say, I urge all Members to join me in supporting
this legislation, again, Mr. Deutch's and Mr. Wilson's hard work in
authoring this measure. I urge all colleagues to support this, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Engel) that the House suspend the rules
and pass the bill, H.R. 4644, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.

[[Page H5892]]

A motion to reconsider was laid on the table.

____________________