Libya Stabilization Act

II 116TH CONGRESS 1ST SESSION S. 2934 To clarify United States policy toward Libya, advance a diplomatic solution to the conflict in Libya, and support the people of Libya. IN THE SENATE OF THE UNITED STATES NOVEMBER 21, 2019 Mr. COONS (for himself, Mr. GRAHAM, Mr. MURPHY, and Mr. RUBIO) intro- duced the following bill; which was read twice and referred to the Com- mittee on Foreign Relations A BILL To clarify United States policy toward Libya, advance a diplomatic solution to the conflict in Libya, and support the people of Libya. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Libya Stabilization Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Findings; statement of policy. TITLE I—IDENTIFYING CHALLENGES TO STABILITY IN LIBYA VerDate Sep 11 2014 23:35 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S2934.IS S2934 kjohnson on DSK79L0C42 with BILLS 2 •S 2934 IS Sec. 101. Codification of Executive Order 13726. Sec. 102. Report on activities of certain foreign governments and actors in Libya. Sec. 103. Strategy to counter Russian influence in Libya. TITLE II—ACTIONS TO ADDRESS FOREIGN INTERVENTION IN LIBYA Sec. 201. Definitions. Sec. 202. Imposition of sanctions with respect to persons supporting Russian military intervention in Libya. Sec. 203. Imposition of sanctions with respect to persons threatening the peace or stability of Libya. Sec. 204. Imposition of sanctions with respect to certain persons who are re- sponsible for or complicit in human rights abuses committed in Libya. Sec. 205. Sanctions described. Sec. 206. Waiver; exceptions. Sec. 207. Implementation; regulations; penalties. Sec. 208. Termination. TITLE III—ASSISTANCE FOR LIBYA Sec. 301. Humanitarian relief for the people of Libya and international refu- gees and migrants in Libya. Sec. 302. Support for democratic governance, elections, and democratic civil so- ciety. Sec. 303. Engaging international financial institutions to advance Libyan eco- nomic recovery and improve public sector financial manage- ment. Sec. 304. Recovering assets stolen from the Libyan people. Sec. 305. Special envoy for Libya. SEC. 2. FINDINGS; STATEMENT OF POLICY. 1 (a) FINDINGS.—Congress makes the following find- 2 ings: 3 (1) The stability and territorial unity of Libya 4 is critical to the security of the United States, Eu- 5 rope, North Africa, and the Sahel, as well as mari- 6 time routes in the southern Mediterranean Sea. 7 (2) General Thomas Waldhauser, former Com- 8 mander of United States Africa Command 9 (AFRICOM), told the Committee on Armed Services 10 of the Senate in March 2017, that ‘‘instability in 11 VerDate Sep 11 2014 23:35 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2934.IS S2934 kjohnson on DSK79L0C42 with BILLS 3 •S 2934 IS Libya and North Africa may be the most significant, 1 near-term threat to U.S. and allies’ interests on the 2 continent’’. 3 (3) AFRICOM identifies containing instability 4 in Libya as one of its six main lines of effort in Afri- 5 ca and works to support diplomatic efforts to recon- 6 stitute the Libyan state and to disrupt terrorist or- 7 ganizations that impede that process or threaten 8 United States interests. 9 (4) According to the Director of National Intel- 10 ligence, as of 2019, the capabilities of the Libya- 11 based Islamic State (ISIS) affiliate ‘‘have been de- 12 graded, but it is still capable of conducting attacks 13 on local and Western targets in Libya and possibly 14 elsewhere in the region’’. According to United Na- 15 tions Special Representative of the Secretary Gen- 16 eral (SRSG) Ghassan Salame´, ISIS has conducted 17 several attacks since April 4, 2019. 18 (5) On September 22, 2016, a Joint Commu- 19 nique on Libya, signed by Egypt, Italy, Qatar, Rus- 20 sia, Saudi Arabia, Turkey, the United Arab Emir- 21 ates, and others, reaffirmed a joint ‘‘commitment to 22 the United Nations Support Mission in Libya’s 23 [UNSMIL] efforts under the leadership of the UN 24 Special Representative of the Secretary General’’. 25 VerDate Sep 11 2014 23:35 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2934.IS S2934 kjohnson on DSK79L0C42 with BILLS 4 •S 2934 IS (6) On March 1, 2019, the United States Gov- 1 ernment, along with the Governments of France, 2 Italy, and the United Kingdom, reiterated its strong 3 support to the diplomatic efforts of SRSG Ghassan 4 Salame´ and UNSMIL, rejected a military solution in 5 Libya, and called on all Libyans to work construc- 6 tively with SRSG Salame´ to realize a stable and uni- 7 fied government that can deliver security and pros- 8 perity for all Libyans. 9 (7) UNSMIL planned to host a long-awaited 10 National Conference in Ghadames, Libya to begin 11 on April 14, 2019, to help the people of Libya nego- 12 tiate a path toward interim governance structures 13 and credible and secure elections. 14 (8) On April 4, 2019, Khalifa Haftar, the com- 15 mander of the Libyan National Army (LNA) move- 16 ment ordered forces loyal to him to begin a unilat- 17 eral military operation to take control of Tripoli, the 18 capital of Libya, while United Nations Secretary- 19 General Antonio Guterres was visiting Tripoli to 20 promote the National Conference. 21 (9) Tripoli is the seat of the Government of Na- 22 tional Accord (GNA), an interim body that emerged 23 from previous United Nations-backed negotiations 24 and that the United States Government and the 25 VerDate Sep 11 2014 23:35 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2934.IS S2934 kjohnson on DSK79L0C42 with BILLS 5 •S 2934 IS United Nations Security Council have recognized 1 since 2015. 2 (10) Although the LNA movement initiated the 3 offensive, all parties to the conflict and their associ- 4 ated forces have since April 2019 failed to observe 5 their obligations under international humanitarian 6 law and increased the geographic scope of the con- 7 flict, including by using heavy weapons, aircraft, and 8 armed drones provided by foreign powers in violation 9 of the United Nations arms embargo. Foreign mer- 10 cenaries have reportedly also participated in the con- 11 flict. 12 (11) Without the full cooperation of all United 13 Nations member states in implementing the arms 14 embargo in accordance with United Nations Security 15 Council Resolution 2473 (2019), and all relevant 16 predecessor resolutions, the flow of weapons to 17 Libya will continue to fuel the conflict. 18 (12) According to SRSG Salame´, weapons pro- 19 vided by foreign powers to the warring parties are 20 being sold to or captured by terrorist groups active 21 in Libya. 22 (13) According to the United Nations, since the 23 LNA movement offensive began in April 2019, the 24 conflict in Libya has led to the deaths of more than 25 VerDate Sep 11 2014 23:35 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2934.IS S2934 kjohnson on DSK79L0C42 with BILLS 6 •S 2934 IS 1,100 people, including more than 100 civilians, and 1 the displacement of more than 120,000 people. 2 (14) Parties to the conflict in Libya have requi- 3 sitioned the houses of civilians, targeted medical fa- 4 cilities, and inhibited humanitarian access to food, 5 health, and other life-saving services, worsening hu- 6 manitarian conditions. 7 (15) More than 5,100 refugees and migrants 8 are detained in detention facilities in Libya, includ- 9 ing more than 3,000 in and around the conflict 10 zones in Tripoli, with serious risks of torture, star- 11 vation, sexual abuse, and death. On July 2, 2019, an 12 airstrike against the Tajura Detention Center killed 13 53 and wounded 130 people trapped in the center. 14 The United Nations has called for the immediate re- 15 lease, evacuation, and protection of refugees and mi- 16 grants detained in conflict zones. 17 (b) STATEMENT OF POLICY.—It is the policy of the 18 United States— 19 (1) to engage regularly at the senior-most levels 20 and assert there is no military solution to the con- 21 flict in Libya and that only a political process can 22 secure United States interests, ensure a stable and 23 unified Libya, reduce the threat of terrorism, and 24 VerDate Sep 11 2014 23:35 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2934.IS S2934 kjohnson on DSK79L0C42 with BILLS 7 •S 2934 IS provide peace and opportunity to the people of 1 Libya; 2 (2) to support the implementation of United 3 Nations Security Council Resolutions 1970 (2011) 4 and 1973 (2011), which established an arms embar- 5 go on Libya, and subsequent resolutions modifying 6 and extending the embargo; 7 (3) to support the implementation of United 8 Nations Security Council Resolutions 2146 (2014) 9 and 2362 (2017), which condemn attempts to illic- 10 itly export petroleum and refined petroleum products 11 from Libya, including by parallel institutions which 12 are not acting under the authority of the Govern- 13 ment of National Accord; 14 (4) to promote unified and effective Libyan 15 oversight over the Libyan National Oil Corporation, 16 the Central Bank of Libya, and the Libyan Invest- 17 ment Authority; 18 (5) to enforce Executive Order 13726 (81 Fed. 19 Reg. 23559; relating to blocking property and sus- 20 pending entry into the United States of persons con- 21 tributing to the situation in Libya (April 19, 2016)), 22 designed to target individuals or entities who 23 ‘‘threaten the peace, security, and stability of 24 Libya’’; 25 VerDate Sep 11 2014 23:35 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2934.IS S2934 kjohnson on DSK79L0C42 with BILLS 8 •S 2934 IS (6) to employ sanctions and support war-crimes 1 prosecution, against any and all parties engaging in 2 attacks on civilians, medical workers, and critical in- 3 frastructure, including water supplies, in Libya; 4 (7) to contribute to the peace and stability of 5 Libya, prevent destabilizing arms shipments, and 6 support efforts to safeguard Libya’s oil resources in 7 accordance with United Nations Security Council 8 Resolutions 2259 (2015), 2278 (2016), 2362 9 (2017), and 2473 (2019); 10 (8) to leverage diplomatic relations to convince 11 the parties to the conflict in Libya to immediately 12 de-escalate and halt their current fighting and per- 13 suade foreign powers to stop providing weapons and 14 financing that exacerbate the conflict; 15 (9) to encourage the parties to promptly return 16 to a political process led by the SRSG and head of 17 UNSMIL; 18 (10) to support the United Nations-mediated 19 political process, which seeks a negotiated and 20 peaceful solution to the Libyan crisis; 21 (11) that a negotiated and peaceful political so- 22 lution should include a transitional, civilian-led gov- 23 ernment representing all Libyans, preparations for 24 credible elections, a fair and transparent allocation 25 VerDate Sep 11 2014 23:35 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2934.IS S2934 kjohnson on DSK79L0C42 with BILLS 9 •S 2934 IS of resources, interim security arrangements, and a 1 process to reunify security and economic institu- 2 tions; 3 (12) to support constant, unimpeded, and reli- 4 able humanitarian access to those in need and to 5 hold accountable those who impede or threaten the 6 delivery of humanitarian assistance; 7 (13) to advocate for the immediate release and 8 safe evacuations of detained refugees and migrants 9 trapped by the fighting in Libya; 10 (14) to assist implementation of UNSMIL’s 11 plan for the organized and gradual closure of mi- 12 grant detention centers in Libya and ensure robust 13 protection assistance for refugees and migrants; and 14 (15) to support future democratic development 15 and the economic recovery of Libya both during and 16 after a negotiated and peaceful political solution. 17 TITLE I—IDENTIFYING CHAL- 18 LENGES TO STABILITY IN 19 LIBYA 20 SEC. 101. CODIFICATION OF EXECUTIVE ORDER 13726. 21 Notwithstanding any other provision of law or Execu- 22 tive order, Executive Order 13726 (81 Fed. Reg. 23559), 23 signed on April 19, 2016, and entitled ‘‘Blocking Property 24 and Suspending Entry into the United States of Persons 25 VerDate Sep 11 2014 23:35 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2934.IS S2934 kjohnson on DSK79L0C42 with BILLS 10 •S 2934 IS Contributing to the Situation in Libya’’ shall have the 1 force and effect of law. 2 SEC. 102. REPORT ON ACTIVITIES OF CERTAIN FOREIGN 3 GOVERNMENTS AND ACTORS IN LIBYA. 4 (a) IN GENERAL.—Not later than 90 days after the 5 date of the enactment of this Act, the Secretary of State, 6 in coordination with the Director of National Intelligence, 7 shall submit to the appropriate congressional committees 8 a report that includes— 9 (1) a description of the full extent of involve- 10 ment in Libya by the Governments of Saudi Arabia, 11 Egypt, the United Arab Emirates, Qatar, Turkey, 12 Sudan, Russia, the People’s Republic of China, 13 France, and Italy, including— 14 (A) a description of which governments are 15 linked to drone and aircraft strikes; 16 (B) the estimated dollar value and the 17 amounts of various types of equipment trans- 18 ferred to the warring parties; and 19 (C) an attribution of outside financial sup- 20 port provided to each reported presence of for- 21 eign forces and mercenaries in Libya; 22 (2) a determination and analysis of whether the 23 actions by the governments identified in paragraph 24 (1)— 25 VerDate Sep 11 2014 23:35 Dec 02, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2934.IS S2934 kjohnson on DSK79L0C42 with BILLS 11 •S 2934 IS (A) violate the arms embargo with respect 1 to Libya in accordance with United Nations Se- 2 curity Council Resolution 2473 (2019) and 3 predecessor Security Council resolutions; or 4 (B) contribute to civilian death, harm, or 5 other violations of international humanitarian 6 law; 7 (3) a list of the specific offending materiel or fi- 8 nancial support transfers that would be in violation 9 of the arms embargo with respect to Libya in ac- 10 cordance with United Nations Security Council Res- 11 olution 2473 (2019) and predecessor Security Coun- 12 cil resolutions; 13 (4) a determination and analysis of the activi- 14 ties of foreign armed groups, including affiliates of 15 the Islamic State (ISIS), al-Qaida in the Islamic 16 Maghreb (AQIM), and Ansar al-Sharia, in Libya; 17 and 18 (5) a determination of whether and to what ex- 19 tent the conflict in [Text truncated for display. Full text available on Congress.gov.]