[House Prints, 106th Congress]
[From the U.S. Government Printing Office]




106th Congress 2d Session   COMMITTEE PRINT                 

_______________________________________________________________________


 
                        INTERNATIONAL TERRORISM:
                      A COMPILATION OF MAJOR LAWS,
                       TREATIES, AGREEMENTS, AND
                          EXECUTIVE DOCUMENTS

                               ----------                              

                              R E P O R T

                            prepared for the

                  COMMITTEE ON INTERNATIONAL RELATIONS
                     U.S. HOUSE OF REPRESENTATIVES

                                 by the

                     CONGRESSIONAL RESEARCH SERVICE
                          LIBRARY OF CONGRESS

                                     
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13

                                     

                               JULY 2000


    Printed for the use of the Committee on International Relations

For sale by the Superintendent of Documents, Congressional Sales Office
         U.S. Government Printing Office, Washington, DC 20402





                  COMMITTEE ON INTERNATIONAL RELATIONS

  BENJAMIN A. GILMAN, New York, 
             Chairman
SAM GEJDENSON, Connecticut           WILLIAM F. GOODLING, Pennsylvania
TOM LANTOS, California               JAMES A. LEACH, Iowa
HOWARD L. BERMAN, California         HENRY J. HYDE, Illinois
GARY L. ACKERMAN, New York           DOUG BEREUTER, Nebraska
ENI F.H. FALEOMAVAEGA, American SamoaCHRISTOPHER H. SMITH, New Jersey
MATTHEW G. MARTINEZ, California      DAN BURTON, Indiana
DONALD M. PAYNE, New Jersey          ELTON GALLEGLY, California
ROBERT MENENDEZ, New Jersey          ILEANA ROS-LEHTINEN, Florida
SHERROD BROWN, Ohio                  CASS BALLENGER, North Carolina
CYNTHIA A. McKINNEY, Georgia         DANA ROHRABACHER, California
ALCEE L. HASTINGS, Florida           DONALD A. MANZULLO, Illinois
PAT DANNER, Missouri                 EDWARD R. ROYCE, California
EARL F. HILLIARD, Alabama            PETER T. KING, New York
BRAD SHERMAN, California             STEVEN CHABOT, Ohio
ROBERT WEXLER, Florida               MARSHALL ``MARK'' SANFORD, South 
STEVEN R. ROTHMAN, New Jersey        Carolina
JIM DAVIS, Florida                   MATT SALMON, Arizona
EARL P0MEROY, North Dakota           AMO HOUGHTON, New York
WILLIAM D. DELAHUNT, Massachusetts   TOM CAMPBELL, California
GREGORY W. MEEKS, New York           JOHN M. McHUGH, New York
BARBARA LEE, California              KEVIN BRADY, Texas
JOSEPH CROWLEY, New York             RICHARD BURR, North Carolina
JOSEPH M. HOEFFEL, Pennsylvania      PAUL E. GILLMOR, Ohio
                                     GEORGE RADANOVICH, California
                                     JOHN COOKSEY, Louisiana
                                     THOMAS G. TANCREDO, Colorado
                 Richard J. Garon, Chief of Staff
          Kathleen Bertelsen Moazed, Democratic Chief of Staff






                                FOREWORD

                              ----------                              

                          House of Representatives,
                      Committee on International Relations,
                                     Washington, DC, July 25, 2000.

    This updated compendium prepared by the Congressional 
Research Service, entitled ``International Terrorism: A 
Compilation of Major Laws, Treaties, Agreements, and Executive 
Documents'' was requested by me on behalf of the Committee on 
International Relations. The earlier editions have proven to be 
a very useful source for those responsible for dealing with 
issues of international terrorism.
    In addition to U.S. legislation and executive documents 
related to terrorism, the volume also includes bilateral and 
multilateral treaties and agreements, as well as other 
multilateral documents. I would like to acknowledge the efforts 
of those in the Foreign Affairs, Defense, and Trade Division of 
the Congressional Research Service who worked on the project. 
The principal contributors to this volume were C. Winston 
Woodland who coordinated the assembly of the report, and 
Carolyn Hatcher who prepared major portions. Others who 
provided significant contributions included Terrence Lisbeth, 
Dagnija Sterste-Perkins, Marjorie A. Browne, Ellen Grigorian, 
and Raphael Perl, under the direction of Francis T. Miko. I 
also want to acknowledge the advice and assistance provided by 
Michael Kraft of the Office of Counterterrorism, Department of 
State.

                                        Benjamin A. Gilman,
                                                          Chairman.





                          LETTER OF SUBMITTAL

                              ----------                              

                    Congressional Research Service,
                                   The Library of Congress,
                                     Washington, DC, July 24, 2000.
Hon. Benjamin A. Gilman,
Chairman, Committee on International Relations,
    House of Representatives, Washington, DC.
    Dear Mr. Chairman: In response to the Committee's request, 
I am submitting an updated version of a compendium entitled: 
``International Terrorism: A Compilation of Major Laws, 
Treaties, Agreements, and Executive Documents,'' first issued 
as a committee print in August 1987 and subsequently updated in 
July 1991 and December 1994.
    The compilation includes major statutes of interest to the 
committee along with related Executive orders, documents, and 
reports. It also includes international treaties and 
agreements, as well as relevant documents of international 
organizations. The principal contributors to this volume were 
C. Winston Woodland who coordinated the assembly of the volume 
and Carolyn Hatcher who prepared major portions. Others who 
provided significant contributions included Terrence Lisbeth, 
Dagnija Sterste-Perkins, Marjorie A. Browne, Ellen Grigorian, 
and Raphael Perl. The volume was prepared under the overall 
direction of Francis T. Miko. Michael Kraft of the office of 
Counterterrorism, Department of State, provided extensive 
advice and support.

            Sincerely,
                                     Daniel P. Mulhollan, Director.




                                ABSTRACT

                              ----------                              

    This compilation comprises major laws, treaties and 
agreements, and executive documents relating to U.S. and 
international efforts to combat terrorism. The legislation is 
subdivided into sections relating to foreign assistance, the 
Department of State, defense legislation, trade and financial 
issues, aviation security, and other issues.
    It also includes a selection of significant executive 
orders, executive department regulations, and other executive 
branch documents and reports. Sections on international 
agreements include bilateral agreements, as well as relevant 
multilateral treaties. Other multilateral documents include 
selected statements from economic summit conferences, United 
Nations Security Council resolutions, and documents of other 
organizations.






                            C O N T E N T S

                              ----------                              
                                                                   Page
Foreword.........................................................   iii

Letter of Submittal..............................................     v

Abstract.........................................................   vii

A. FOREIGN ASSISTANCE AND RELATED LEGISLATION....................     1

 1. The Foreign Assistance Act of 1961, as amended (Public Law 
    87-195) (partial text).......................................     3
 2. Arms Export Control Act, as amended (Public Law 90-629) 
    (partial text)...............................................    11
 3. Iran and Libya Sanctions Act of 1996 (Public Law 104-172)....    19
 4. Iran-Iraq Arms Nonproliferation Act of 1992, as amended 
    (Title XVI of Public Law 102-484)............................    30
 5. International Security and Development Cooperation Act of 
    1985, as amended (Public Law 99-83) (partial text)...........    35
 6. International Security and Development Cooperation Act of 
    1981, as amended (Public Law 97-113) (partial text)..........    40
 7. Iraq Sanctions Act of 1990 (Public Law 101-513) (partial 
    text)........................................................    42
 8. International Narcotics Control Act of 1990 (Public Law 101-
    623) (partial text)..........................................    46
 9. Foreign Operations, Export Financing, and Related Programs 
    Appropriations Act, 1999 (Public Law 105-277) (partial text).    47
10. Department of Justice Appropriations Act, 1999 (Public Law 
    105-277) (partial text)......................................    58
      Title I--Department of Justice.............................    58
11. Emergency Supplemental Appropriations Act for Fiscal year 
    1999 (Public Law 105-277) (partial text).....................    61
      Title II--Antiterrorism....................................    61
12. Foreign Operations, Export Financing, and Related Programs 
    Appropriations Act, 1997 (Public Law 104-208) (partial text).    68

B. DEPARTMENT OF STATE LEGISLATION...............................    69

 1. State Department Basic Authorities Act of 1956, as amended 
    (Public Law 84-885) (partial text)...........................    71
 2. Intelligence Authorization Act for Fiscal Year 1996 (Public 
    Law 104-93) (partial text)...................................    78
 3. Foreign Relations Authorization Act, Fiscal Years 1998 and 
    1999 (Public Law 105-277) (partial text).....................    80
 4. Foreign Relations Authorization Act, Fiscal Years 1994 and 
    1995, as amended (Public Law 103-236) (partial text).........    82
 5. Foreign Relations Authorization Act, Fiscal Years 1992 and 
    1993, as amended (Public Law 102-138) (partial text).........    86
 6. Foreign Relations Authorization Act, Fiscal Years 1988 and 
    1989, as amended (Public Law 100-204) (partial text).........    87
 7. Department of State and Related Agencies Appropriations Act, 
    1999 (Public Law 105-277) (partial text).....................    90
 8. Emergency Supplemental Appropriations for Fiscal Year 1999 
    (Public Law 105-277) (partial text)..........................    91
 9. Hostage Relief Act of 1980 (Public Law 96-449)...............    93

C. TRADE AND FINANCIAL LEGISLATION...............................   101

 1. Antiterrorism and Effective Death Penalty Act of 1996 (Public 
    Law 104-132) (partial text)..................................   105
 2. Omnibus Diplomatic Security and Antiterrorism Act of 1986, as 
    amended (Public Law 99-399) (partial text)...................   121
 3. Crimes and Criminal Procedure (Title 18, United States Code) 
    (partial text)...............................................   160
 4. Violent Crime Control and Law Enforcement Act of 1994 (Public 
    Law 103-322) (partial text)..................................   209
 5. Act for the Protection of Foreign Officials and Official 
    Guests of the United States (Public Law 92-539) (partial 
    text)........................................................   210
 6. Anti-Terrorism and Arms Export Amendments Act of 1989 (Public 
    Law 101-222) (partial text)..................................   211
 7. Biological Weapons Anti-Terrorism Act of 1989 (Public Law 
    101-298) (partial text)......................................   212
 8. 1984 Act To Combat International Terrorism, as amended 
    (Public Law 98-533) (partial text)...........................   213
 9. Foreign Sovereign Immunities (Title 28, United States Code) 
    (partial text)...............................................   215

D. DEFENSE LEGISLATION...........................................   227

 1. Armed Forces Legislation (Title 10, United State Code) 
    (partial text)...............................................   229
 2. Strom Thurmond National Defense Authorization Act for Fiscal 
    Year 1999 (Public Law 105-261) (partial text)................   237
 3. Department of Defense Appropriations Act, 1999 (Public Law 
    105-262) (partial text)......................................   243
 4. National Defense Authorization Act for Fiscal Year 1998 
    (Public Law 105-85) (partial text)...........................   244
 5. National Defense Authorization Act for Fiscal Year 1997 
    (Public Law 104-201) (partial text)..........................   248
 6. National Defense Authorization Act for Fiscal Year 1995 
    (Public Law 103-337) (partial text)..........................   249
 7. National Defense Authorization Act for Fiscal Year 1994 
    (Public Law 103-160) (partial text)..........................   252
 8. National Defense Authorization Act for Fiscal Year 1993 
    (Public Law 102-484) (partial text)..........................   254
 9. National Defense Authorization Act for Fiscal Year 1987 
    (Public Law 99-661) (partial text)...........................   260
10. Department of Defense Authorization Act, 1986 (Public Law 99-
    145) (partial text)..........................................   261
11. Foreign Intelligence Surveillance (Title 50, United States 
    Code) (partial text).........................................   263
12. Intelligence Authorization Act for Fiscal Year 1996 (Public 
    Law 104-93) (partial text)...................................   274

E. TRADE AND FINANCIAL LEGISLATION...............................   275

 1. Trade Act of 1974, as amended (Public Law 93-618) (partial 
    text)........................................................   277
 2. Export Administration Act of 1979, as amended (Public Law 96-
    72) (partial text)...........................................   282
 3. Trade Expansion Act of 1969, as amended (Public Law 87-794) 
    (partial text)...............................................   291
 4. Trading With The Enemy Act, as amended (Public Law 65-91) 
    (partial text)...............................................   295
 5. International Emergency Economic Powers Act, as amended 
    (Public Law 95-223) (partial text)...........................   298
 6. Export-Import Bank Act of 1945, as amended (Public Law 79-
    173) (partial text)..........................................   303
 7. Internal Revenue Code........................................   308
 8. Bretton Woods Agreements Act Amendments, 1978, as amended 
    (Public Law 95-435) (partial text)...........................   312
 9. International Financial Institutions Act, as amended (Public 
    Law 95-118) (partial text)...................................   313
10. Inter-American Development Bank Act, as amended (Public Law 
    86-147) (partial text).......................................   315

F. AVIATION SECURITY.............................................   317

 1. Aviation Programs (Title 49, United State Code) (partial 
    text)........................................................   319
 2. Federal Aviation Reauthorization Act of 1996 (Public Law 104-
    264) (partial text)..........................................   343
 3. Crimes and Criminal Procedures (Title 18, United States Code)   348
 4. Aviation Security Improvement Act of 1990, as amended (Public 
    Law 101-604) (partial text)..................................   351
 5. International Security and Development Cooperation Act of 
    1985 (Public Law 99-83) (partial text).......................   358

G. OTHER LEGISLATION.............................................   361

 1. The Immigration and Nationality Act, as amended (Public Law 
    82-414)......................................................   363
 2. Middle East Activities.......................................   374
 3. National Emergencies Act, as amended (Public Law 94-412).....   393
 4. Chemical Weapons Convention Implementation Act of 1998 
    (Public Law 105-277) (partial text)..........................   398

H. EXECUTIVE ORDERS..............................................   399

 1. Blocking Property and Prohibiting Transactions with the 
    Taliban (Executive Order 13129, July 4, 1999)................   401
 2. Blocking Sudanese Government Property and Prohibiting 
    Transactions with Sudan (Executive Order 13067, November 3, 
    1997)........................................................   404
 3. Prohibiting Certain Transactions With Respect to Iran 
    (Executive Order 13059, August 19, 1997).....................   406
 4. Prohibiting Certain Transactions With Respect to Iran 
    (Executive Order 12959, May 6, 1995).........................   410
 5. Prohibiting Certain Transactions With Respect to the 
    Development of Iranian Petroleum Resources (Executive Order 
    12957, March 15, 1995).......................................   412
 6. Prohibiting Transactions with Terrorists Who Threaten to 
    Disrupt the Middle East Peace Process (Executive Order 12947, 
    January 24, 1995)............................................   413
 7. Proliferation of Weapons of Mass Destruction (Executive Order 
    12938, November 14, 1994)....................................   416
 8. Continuation of Export Control Regulations (Executive Order 
    12924, August 19, 1994)......................................   421
 9. Barring Overflight, Takeoff, and Landing of Aircraft, Flying 
    to or from Libya (Executive Order 12801, April 15, 1992).....   423
10. Victims of Terrorism Compensation (Executive Order 12598, 
    June 17, 1987)...............................................   425
11. Blocking Libyan Government Property in the United States or 
    Held by U.S. Persons (Executive Order 12544, January 8, 1986)   426
12. Prohibiting Trade and Certain Transactions Involving Libya 
    (Executive Order 12543, January 7, 1986).....................   427
13. Imports of Refined Petroleum Products from Libya (Executive 
    Order 12538, November 15, 1985)..............................   429
14. Revocation of Prohibitions Against Transactions Involving 
    Iran (Executive Order 12282, January 19, 1981)...............   430
15. Hostage Relief Act of 1980--Delegation of Authority 
    (Executive Order 12268, January 15, 1981)....................   431
16. Administration of the Export Administration Act of 1969, as 
    amended (Executive Order 12002, July 7, 1977)................   432

I. EXECUTIVE DEPARTMENT REGULATIONS..............................   435

 1. Department of State:.........................................   437
 2. Department of the Treasury...................................   468
 3. Federal Aviation Administration:.............................   489

J. OTHER EXECUTIVE BRANCH DOCUMENTS AND REPORTS..................   537

 1. Office of the President......................................   539
 2. Office of the Vice President.................................   663
 3. Department of State..........................................   755
 4. Department of Defense........................................   886
 5. Department of Commerce, Bureau of Export Administration......   977
 6. Department of Treasury.......................................  1016
 7. Department of Transportation.................................  1094

K. BILATERAL AGREEMENTS..........................................  1235

 1. Counter terrorism............................................  1237
 2. Aviation Security............................................  1242
 3. Extradition..................................................  1289
 4 Mutual Legal Assistance.......................................  1380

L. MULTILATERAL TREATIES.........................................  1423

 1. Treaties in Force to Which the United States is a Party......  1425
 2. Treaties Signed by the United States, But Not Yet in Force...  1512
 3. Treaties to Which the United States is Not a Party...........  1521

M. OTHER MULTILATERAL DOCUMENTS..................................  1535

 1. Economic Summits of the G-7/G-8 and Related Meetings.........  1537
 2. Other Conferences............................................  1565
 3. Hemispheric Documents........................................  1572
 4. International Civil Aviation Organization Documents..........  1593
 5. United Nations Documents.....................................  1627

APPENDIX.........................................................  1701

  Legislative Requirements for Reports to Congress Concerning 
    International Terrorism......................................  1701
=======================================================================




             A. FOREIGN ASSISTANCE AND RELATED LEGISLATION

                                CONTENTS

                                                                   Page

 1. The Foreign Assistance Act of 1961, as amended (Public Law 
    87-195) (partial text).......................................     3
      Part II:...................................................
            Chapter 8--Antiterrorism Assistance..................     3
                Section 571--General Authority...................     3
                Section 572--Purposes............................     3
                Section 573--Limitations.........................     4
                Section 574--Authorizations of Appropriations....     5
      Part III:..................................................     6
                Section 620A--Prohibition on Assistance to 
                  Governments Supporting International Terrorism.     6
                Section 620G--Prohibition on Assistance to 
                  Countries That Aid Terrorist States............     8
                Section 620H--Prohibition on Assistance to 
                  Countries that Provide Military Equipment to 
                  Terrorist States...............................     9
      Part IV--Enterprise for the Americas Initiative............     9
            Section 701--Purpose.................................     9
            Section 703--Eligibilty for Benefits.................    10
 2. Arms Export Control Act, as amended (Public Law 90-629) 
    (partial text)...............................................    11
      Chapter 1--Foreign and National Security Policy Objectives 
          and Restraints.........................................    11
            Section 6--Foreign Intimidation and Harassment of 
                Individuals in the United States.................    11
      Chapter 3--Military Export Controls........................    11
            Section 38--Control of Arms Exports and Imports......    11
            Section 40--Transactions With Countries Supporting 
                Acts of International Terrorism..................    12
            Section 40A--Transactions with Countries not Fully 
                Cooperating with United States Antiterrorism 
                Efforts..........................................    17
      Chapter 7--Control of Missiles and Missile Equipment or 
          Technology.............................................    18
            Section 72--Denial of the Transfer of Missile 
                Equipment or Technology by United States Persons.    18
            Section 73--Transfers of Missile Equipment or 
                Technology by Foreign Persons....................    18
 3. Iran and Libya Sanctions Act of 1996 (Public Law 104-172)....    19
 4. Iran-Iraq Arms Nonproliferation Act of 1992, as amended 
    (Title XVI of Public Law 102-484)............................    30
 5. International Security and Development Cooperation Act of 
    1985, as amended (Public Law 99-83) (partial text)...........    35
      Title V--International Terrorism and Foreign Airport 
          Security...............................................    35
            Part A--International Terrorism Generally............    35
            Part B--Foreign Airport Security.....................    37
      Title XIII--Miscellaneous Provisions.......................    39
            Section 1302--Codification of Policy Prohibiting 
                Negotations with the Palestine Liberation 
                Organization.....................................    39
 6. International Security and Development Cooperation Act of 
    1981, as amended (Public Law 97-113) (partial text)..........    40
      Title VII--Miscellaneous Provisions........................    40
            Section 718--Condemnation of Libya for Its Support of 
                International Terrorist Movements................    40
            Section 719--United States Citizens Acting in the 
                Service of International Terrorism...............    40
 7. Iraq Sanctions Act of 1990 (Public Law 101-513) (partial 
    text)........................................................    42
      Title V--General Provisions................................    42
            Section 586--Short Title.............................    42
            Section 586F--Declarations Regarding Iraq's Long-
                standing Violations of International Law.........    42
            Section 586G--Sanctions Against Iraq.................    44
            Section 586H--Waiver Authority.......................    45
 8. International Narcotics Control Act of 1990 (Public Law 101-
    623) (partial text)..........................................    46
      Section 2(b)(2)--Economic Assistance and Administration of 
          Justice Programs for Andean Countries..................    46
 9. Foreign Operations, Export Financing, and Related Programs 
    Appropriations Act, 1999 (Public Law 105-277) (partial text).    47
      Title II--Bilateral Economic Assistance....................    47
            Department of State--Nonproliferation, Anti-
                Terrorism, Demining and Related Programs.........    47
      Title V--General Provisions................................    48
            Section-528--Prohibition on Bilateral Assistance to 
                Terrorist Countries..............................    48
            Section 540--Special Authorities.....................    49
            Section 543--Eligibility for Assistance..............    49
            Section 551--Prohibition on Assistance to Foreign 
                Countries that Export Lethal Military Equipment..    50
            Section 559--Special Debt Relief for the Poorest.....    51
            Section 586--Sense of Congress Regarding Iran........    52
            Section 591--National Commission on Terrorism........    52
            Section 596--Sense of Congress Regarding the Trial in 
                the Netherlands of the Suspects Indicted in the 
                Bombing of Pan Am Flight 103.....................    55
10. Department of Justice Appropriations Act, 1999 (Public Law 
    105-277) (partial text)......................................    58
      Title I--Department of Justice.............................    58
11. Emergency Supplemental Appropriations Act for Fiscal year 
    1999 (Public Law 105-277) (partial text).....................    61
      Title II--Antiterrorism....................................    61
12. Foreign Operations, Export Financing, and Related Programs 
    Appropriations Act, 1997 (Public Law 104-208) (partial text).    68
      Title V--General Provisions................................    68
            Section 589--Civil Liability for Acts of State 
                Sponsored Terrorism..............................    68

=======================================================================

           1. The Foreign Assistance Act of 1961, as Amended

  Partial text of Public Law 87-195 [S. 1983], 75 Stat. 424, approved 
                     September 4, 1961, as amended

AN ACT To promote the foreign policy, security, and general welfare of 
 the United States by assisting peoples of the world in their efforts 
toward economic development and internal and external security, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as ``The Foreign Assistance Act of 1961.''

           *       *       *       *       *       *       *


PART II

           *       *       *       *       *       *       *


                Chapter 8--Antiterrorism Assistance \1\

    Sec. 571.\2\ General Authority.--Notwithstanding any other 
provision of law that restricts assistance to foreign countries 
(other than sections 502B and 620A of this Act), the President 
is authorized to furnish, on such terms and conditions as the 
President may determine, assistance to foreign countries in 
order to enhance the ability of their law enforcement personnel 
to deter terrorists and terrorist groups from engaging in 
international terrorist acts such as bombing, kidnaping, 
assassination, hostage taking, and hijacking. Such assistance 
may include training services and the provision of equipment 
and other commodities related to bomb detection and disposal, 
management of hostage situations, physical security, and other 
matters relating to the detection, deterrence, and prevention 
of acts of terrorism, the resolution of terrorist incidents, 
and the apprehension of those involved in such acts.
---------------------------------------------------------------------------
    \1\ Ch. 8 was added by the International Security and Development 
Assistance Authorizations Act of 1983 (sec. 101(b)(2) of the Further 
Continuing Appropriations, 1984; Public Law 98-151; 97 Stat. 972). 
Pursuant to Public Law 98-151, ch. 8 was enacted as contained in title 
II of H.R. 2992, as reported by the House Committee on Foreign Affairs 
on May 17, 1983, except for sec. 575 (redesignated in 1996 as sec. 
574), which was included in Public Law 98-151.
    Sec. 122 of Public Law 104-164 (110 Stat. 1428) provided the 
following:
    ``sec. 122. research and development expenses.
    ``Funds made available for fiscal years 1996 and 1997 to carry out 
chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 
2349aa et seq.; relating to antiterrorism assistance) may be made 
available to the Technical Support Working Group of the Department of 
State for research and development expenses related to contraband 
detection technologies or for field demonstrations of such technologies 
(whether such field demonstrations take place in the United States or 
outside the United States).''.
    \2\ 22 U.S.C. 2349aa. Delegation of Authority No. 145 (February 4, 
1984) delegated the functions conferred upon the President by chapter 8 
to the Director of the Office for Combating Terrorism.
---------------------------------------------------------------------------
    Sec. 572.\3\ Purposes.--Activities conducted under this 
chapter shall be designed--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2349aa-1.
---------------------------------------------------------------------------
          (1) to enhance the antiterrorism skills of friendly 
        countries by providing training and equipment to deter 
        and counter terrorism;
          (2) to strengthen the bilateral ties of the United 
        States with friendly governments by offering concrete 
        assistance in this area of great mutual concern; and
          (3) to increase respect for human rights by sharing 
        with foreign civil authorities modern, humane, and 
        effective antiterrorism techniques.
    Sec. 573.\4\ Limitations.--(a) Whenever the President 
determines it to be consistent with and in furtherance of the 
purposes of this chapter, and on such terms and conditions 
consistent with this Act as he may determine, any agency of the 
United States Government is authorized to furnish services and 
commodities, without charge to funds available to carry out 
this chapter, to an eligible foreign country, subject to 
payment in advance of the value thereof (within the meaning of 
section 644(m)) in United States dollars by the foreign 
country. Credits and the proceeds of guaranteed loans made 
available to such countries pursuant to the Arms Export Control 
Act shall not be used for such payments. Collections under this 
chapter shall be credited to the currently applicable 
appropriation, account, or fund of the agency providing such 
services and commodities and shall be available for the 
purposes for which such appropriation, account, or fund is 
authorized to be used.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2349aa-2. Sec. 121(b)(1) of Public Law 104-164 (110 
Stat. 1428) struck out ``Specific Authorities and'' from the section 
heading. Sec. 121(b)(2) of that Public Law struck out subsec. (a) of 
this section and redesignated subsecs. (b) through (f) as subsecs. (a) 
through (e), respectively. Subsec. (f), however, had been struck out 
previously by Public Law 104-132 (see note below). Subsec. (a) had read 
as follows:
    ``(a) Notwithstanding section 660 of this Act, services and 
commodities may be granted for the purposes of this chapter to eligible 
foreign countries, subject to reimbursement of the value thereof 
(within the meaning of section 644(m)) pursuant to section 632 of this 
Act from funds available to carry out this chapter.''.
---------------------------------------------------------------------------
    (b) The Assistant Secretary of State for Democracy, Human 
Rights, and Labor \5\ shall be consulted in the \6\ 
determinations of the foreign countries that will be furnished 
assistance under this chapter and determinations of the nature 
of assistance to be furnished to each such country.
---------------------------------------------------------------------------
    \5\ Sec. 163(e)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), amended 
the title designation by striking out ``Human Rights and Humanitarian 
Affairs'', and inserting in lieu thereof ``Democracy, Human Rights, and 
Labor''.
    \6\ Sec. 328(a)(1) of the Antiterrorism and Effective Death Penalty 
Act of 1996 (Public Law 104-132; 110 Stat. 1257) struck out 
``development and implementation of the antiterrorism assistance 
program under this chapter, including'' at this point.
---------------------------------------------------------------------------
    (c) \7\ (1) Arms and ammunition may be provided under this 
chapter only if they are directly related to antiterrorism 
assistance.
---------------------------------------------------------------------------
    \7\ Subsec. (c), redesignated from subsec. (d) by sec. 121(b)(3) of 
Public Law 104-164 (110 Stat. 1428), was amended and restated by sec. 
328(a)(2) of the Antiterrorism and Effective Death Penalty Act of 1996 
(Public Law 104-132; 110 Stat. 1257). Portions were amended and 
restated earlier by sec. 213(b) of Public Law 101-604 (104 Stat. 3086), 
sec. 507 of Public Law 99-399 (100 Stat. 873).
    In view of amendments to this subsection by Public Law 104-132, 
amendments contained in sec. 121(b)(4) of Public Law 104-164 (110 Stat. 
1428) cannot be executed. Sec. 121(b)(4) of that Public Law required:
    ``(b) limitations.--Section 573 of such Act (22 U.S.C. 2349aa-2) is 
amended-- * * *
---------------------------------------------------------------------------

          ``(4) in subsection (c) (as redesignated)--

                  ``(A) by striking paragraphs (1) and (2);
                  ``(B) by redesignating paragraphs (3) through (5) as 
                paragraphs (1) through (3), respectively; and
                  ``(C) by amending paragraph (2) (as redesignated) to 
                read as follows:
---------------------------------------------------------------------------
    ``(2)(A) Except as provided in subparagraph (B), funds made 
available to carry out this chapter shall not be made available for the 
procurement of weapons and ammunition.
    ``(B) Subparagraph (A) shall not apply to small arms and ammunition 
in categories I and III of the United States Munitions List that are 
integrally and directly related to antiterrorism training provided 
under this chapter if, at least 15 days before obligating those funds, 
the President notifies the appropriate congressional committees 
specified in section 634A of this Act in accordance with the procedures 
applicable to reprogramming notifications under such section.
    ``(C) The value (in terms of original acquisition cost) of all 
equipment and commodities provided under this chapter in any fiscal 
year may not exceed 25 percent of the funds made available to carry out 
this chapter for that fiscal year.''.
---------------------------------------------------------------------------
    (2) The value (in terms of original acquisition cost) of 
all equipment and commodities provided under this chapter in 
any fiscal year shall not exceed 30 percent of the funds made 
available to carry out this chapter for that fiscal year.
    (d) This chapter does not apply to information exchange 
activities conducted by agencies of the United States 
Government under other authority for such purposes.
    (f) \8\ [Repealed--1996]
---------------------------------------------------------------------------
    \8\ Subsec. (f) was added by sec. 501(c) of Public Law 99-83 (99 
Stat. 221), and struck out by sec. 328(a)(3) of the Antiterrorism and 
Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 
1257). It had read as follows:
    ``(f) Funds made available to carry out this chapter may not be 
used for personnel compensation or benefits.''.
---------------------------------------------------------------------------
    Sec. 574.\9\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \9\ Formerly at 22 U.S.C. 2349aa-3. Sec. 121(c) of Public Law 104-
164 (110 Stat. 1428) repealed sec. 574, which had required reports to 
Congress on antiterrorism assistance.
---------------------------------------------------------------------------
    Sec. 574.\10\ Authorizations of Appropriations.--(a) There 
are authorized to be appropriated to the President to carry out 
this chapter $9,840,000 for the fiscal year 1986 and 
$14,680,000 for the fiscal year 1987.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 2349aa-4. Redesignated from sec. 575 to sec. 574 by 
sec. 121(d) of Public Law 104-164 (110 Stat. 1428). The authorization 
for fiscal year 1986 was enacted by sec. 501(a) of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 219). The authorization for fiscal year 1987 of $14,680,000 was 
inserted in lieu of the amount of $9,840,000 (originally enacted by 
Public Law 99-83) by sec. 401 of Public Law 99-399 (100 Stat. 862). 
Previous authorizations include: fiscal year 1984--$5,000,000; fiscal 
year 1985--no authorization; fiscal years 1988 through 1999--no 
authorization.
    Congress did not enact an authorization for fiscal year 1999. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1999 (division A, sec. 101(d) of Public Law 105-
277; 112 Stat. 2681), waived the requirements for authorization, and 
title II of that Act provided the following:
---------------------------------------------------------------------------

   ``nonproliferation, anti-terrorism, demining and related programs
---------------------------------------------------------------------------
    ``For necessary expenses for nonproliferation, anti-terrorism and 
related programs and activities, $198,000,000, to carry out the 
provisions of chapter 8 of part II of the Foreign Assistance Act of 
1961 for anti-terrorism assistance, section 504 of the FREEDOM Support 
Act for the Nonproliferation and Disarmament Fund, section 23 of the 
Arms Export Control Act or the Foreign Assistance Act of 1961 for 
demining activities, the clearance of unexploded ordnance, and related 
activities, notwithstanding any other provision of law, including 
activities implemented through nongovernmental and international 
organizations, section 301 of the Foreign Assistance Act of 1961 for a 
voluntary contribution to the International Atomic Energy Agency (IAEA) 
and a voluntary contribution to the Korean Peninsula Energy Development 
Organization (KEDO), and for a United States contribution to the 
Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, 
That the Secretary of State shall inform the Committees on 
Appropriations at least twenty days prior to the obligation of funds 
for the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: 
Provided further, That of this amount not to exceed $15,000,000, to 
remain available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided further, That 
such funds may also be used for such countries other than the New 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so: Provided further, That such funds shall be 
subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That of the funds appropriated under 
this heading not less than $35,000,000 should be made available for 
demining, clearance of unexploded ordnance, and related activities: 
Provided further, That of the funds made available for demining and 
related activities, not to exceed $500,000, in addition to funds 
otherwise available for such purposes, may be used for expenses related 
to the operation and management of the demining program: Provided 
further, That funds appropriated under this heading may be made 
available for the International Atomic Energy Agency only if the 
Secretary of State determines (and so reports to the Congress) that 
Israel is not being denied its right to participate in the activities 
of that Agency.''.
    See also in that Act: sec. 506--Prohibition on Financing Nuclear 
Goods; sec. 515--Notification Requirements; and sec. 576--Assistance 
for the Middle East.
    Sec. 328(b) of the Antiterrorism and Effective Death Penalty Act of 
1996 (Public Law 104-132; 110 Stat. 1257) provided the following:
    ``(b) Assistance to Foreign Countries To Procure Explosives 
Detection Devices and Other Counterterrorism Technology.--(1) Subject 
to section 575(b), up to $3,000,000 in any fiscal year may be made 
available--
---------------------------------------------------------------------------

          ``(A) to procure explosives detection devices and other 
        counterterrorism technology; and
          ``(B) for joint counterterrorism research and development 
        projects on such technology conducted with NATO and major non-
        NATO allies under the auspices of the Technical Support Working 
        Group of the Department of State.
---------------------------------------------------------------------------
    ``(2) As used in this subsection, the term `major non-NATO allies' 
means those countries designated as major non-NATO allies for purposes 
of section 2350a(i)(3) of title 10, United States Code.
    ``(c) Assistance to Foreign Countries.--Notwithstanding any other 
provision of law (except section 620A of the Foreign Assistance Act of 
1961) up to $1,000,000 in assistance may be provided to a foreign 
country for counterterrorism efforts in any fiscal year if--
---------------------------------------------------------------------------

          ``(1) such assistance is provided for the purpose of 
        protecting the property of the United States Government or the 
        life and property of any United States citizen, or furthering 
        the apprehension of any individual involved in any act of 
        terrorism against such property or persons; and
          ``(2) the appropriate committees of Congress are notified not 
        later than 15 days prior to the provision of such 
        assistance.''.
    (b) Amounts appropriated under this section are authorized 
to remain available until expended.

           *       *       *       *       *       *       *


                                PART III


Chapter 1--General Provisions

           *       *       *       *       *       *       *


    Sec. 620A.\11\, \12\ Prohibition on Assistance 
to Governments Supporting International Terrorism.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 2371.
    \12\ Section 620A was added by sec. 303 of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 753). It was amended and restated by sec. 503(a) of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 220). It was further amended and restated by sec. 5 
of the Anti-Terrorism and Arms Export Amendments Act of 1989 (Public 
Law 101-222; 103 Stat. 1897).
    Section 10 of the Anti-Terrorism and Arms Export Amendments Act of 
1989 (Public Law 101-222; 103 Stat. 1900) provided the following in 
relation to the amendment of sec. 620A:
    ``Sec. 10. self-defense in accordance with international law.
    ``The use by any government of armed force in the exercise of 
individual or collective self-defense in accordance with applicable 
international agreements and customary international law shall not be 
considered an act of international terrorism for purposes of the 
amendments made by this Act.''.
    The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1999 (division A, sec. 101(d) of Public Law 105-
277; 112 Stat. 2681), provided the following:
---------------------------------------------------------------------------

      ``prohibition on bilateral assistance to terrorist countries
---------------------------------------------------------------------------
    ``Sec. 528. (a) Notwithstanding any other provision of law, funds 
appropriated for bilateral assistance under any heading of this Act and 
funds appropriated under any such heading in a provision of law enacted 
prior to enactment of this Act, shall not be made available to any 
country which the President determines--
---------------------------------------------------------------------------

          ``(1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism, or
          ``(2) otherwise supports international terrorism.
---------------------------------------------------------------------------
    ``(b) The President may waive the application of subsection (a) to 
a country if the President determines that national security or 
humanitarian reasons justify such waiver. The President shall publish 
each waiver in the Federal Register and, at least fifteen days before 
the waiver takes effect, shall notify the Committees on Appropriations 
of the waiver (including the justification for the waiver) in 
accordance with the regular notification procedures of the Committees 
on Appropriations.
---------------------------------------------------------------------------
          * * * * * * *

 ``prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism
---------------------------------------------------------------------------
    ``Sec. 551. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 40(d) of the Arms Export Control Act or any other 
comparable provision of law. The prohibition under this section with 
respect to a foreign government shall terminate 12 months after that 
government ceases to provide such military equipment. This section 
applies with respect to lethal military equipment provided under a 
contract entered into after October 1, 1997.
    ``(b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of 
the United States.
    ``(c) Whenever the waiver of subsection (b) is exercised, the 
President shall submit to the appropriate congressional committees a 
report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance estimated 
to be provided, including the estimated dollar amount of such 
assistance, and an explanation of how the assistance furthers United 
States national interests.''.
    See also in that Act: sec. 540--Special Authorities; sec. 543--
Eligibility for Assistance; and sec. 559--Special Debt Relief for the 
Poorest; and sec. 591--National Commission on Terrorism.
    See also sec. 586 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2047), cited as the ``Iraq Sanctions Act of 1990'',in sec. A.7 of 
this publication.
---------------------------------------------------------------------------
    (a) \13\ Prohibition.--The United States shall not provide 
any assistance under this Act, the Agricultural Trade 
Development and Assistance Act of 1954, the Peace Corps Act, or 
the Export-Import Bank Act of 1945 to any country if the 
Secretary of State determines that the government of that 
country has repeatedly provided support for acts of 
international terrorism.
---------------------------------------------------------------------------
    \13\ See also 18 U.S.C. 2332d, as added by sec. 321 of Public Law 
104-132 (110 Stat. 1254), which provides that U.S. persons engaging in 
financial transactions with the government of a country designated as 
supporting international terrorism under sec. 6(j) of the Export 
Administration Act (50 U.S.C. App. 2405) shall be fined under title 18, 
imprisoned for not more than 10 years, or both.
---------------------------------------------------------------------------
    (b) Publication of Determinations.--Each determination of 
the Secretary of State under subsection (a), including each 
determination in effect on the date of the enactment of the 
Antiterrorism and Arms Export Amendments Act of 1989, shall be 
published in the Federal Register.
    (c) Rescission.--A determination made by the Secretary of 
State under subsection (a) may not be rescinded unless the 
President submits to the Speaker of the House of 
Representatives and the Chairman of the Committee on Foreign 
Relations of the Senate--
          (1) before the proposed rescission would take effect, 
        a report certifying that--
                  (A) there has been a fundamental change in 
                the leadership and policies of the government 
                of the country concerned;
                  (B) that government is not supporting acts of 
                international terrorism;
                  (C) that government has provided assurances 
                that it will not support acts of international 
                terrorism in the future; or
          (2) at least 45 days before the proposed rescission 
        would take effect, a report justifying the rescission 
        and certifying that--
                  (A) the government concerned has not provided 
                any support for international terrorism during 
                the preceding 6-month period; and
                  (B) the government concerned has provided 
                assurances that it will not support acts of 
                international terrorism in the future.
    (d) Waiver.--Assistance prohibited by subsection (a) may be 
provided to a country described in that subsection if--
          (1) the President determines that national security 
        interests or humanitarian reasons justify a waiver of 
        subsection (a), except that humanitarian reasons may 
        not be used to justify assistance under part II of this 
        Act (including chapter 4, chapter 6, and chapter 8), or 
        the Export-Import Bank Act of 1945; and
          (2) at least 15 days before the waiver takes effect, 
        the President consults with the Committee on Foreign 
        Affairs \14\ of the House of Representatives and the 
        Committee on Foreign Relations of the Senate regarding 
        the proposed waiver and submits a report to the Speaker 
        of the House of Representatives and the chairman of the 
        Committee on Foreign Relations of the Senate 
        containing--
---------------------------------------------------------------------------
    \14\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that referenses to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
                  (A) the name of the recipient country;
                  (B) a description of the national security 
                interests or humanitarian reasons which require 
                the waiver;
                  (C) the type and amount of and the 
                justification for the assistance to be provided 
                pursuant to the waiver; and
                  (D) the period of time during which such 
                waiver will be effective.
The waiver authority granted in this subsection may not be used 
to provide any assistance under the Foreign Assistance Act of 
1961 which is also prohibited by section 40 of the Arms Export 
Control Act.

           *       *       *       *       *       *       *


SEC. 620G.\15\, \16\ PROHIBITION ON ASSISTANCE TO COUNTRIES 
                    THAT AID TERRORIST STATES.

    (a) Withholding of Assistance.--The President shall 
withhold assistance under this Act to the government of any 
country that provides assistance to the government of any other 
country for which the Secretary of State has made a 
determination under section 620A.
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 2377. Sec. 325 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1256) added 
this sec. 620G.
    Sec. 149 of Public Law 104-164 (110 Stat. 1436) also added a new 
sec. 620G, relating to depleted uranium ammunition.
    \16\ Sec. 329 of that Act (110 Stat. 1258) defined assistance as 
follows:
    ``(1) the term `assistance' means assistance to or for the benefit 
of a government of any country that is provided by grant, concessional 
sale, guaranty, insurance, or by any other means on terms more 
favorable than generally available in the applicable market, whether in 
the form of a loan, lease, credit, debt relief, or otherwise, including 
subsidies for exports to such country and favorable tariff treatment of 
articles that are the growth, product, or manufacture of such country; 
and
    ``(2) the term `assistance' does not include assistance of the type 
authorized under chapter 9 of part 1 of the Foreign Assistance Act of 
1961 (relating to international disaster assistance).''.
---------------------------------------------------------------------------
    (b) Waiver.--Assistance prohibited by this section may be 
furnished to a foreign government described in subsection (a) 
if the President determines that furnishing such assistance is 
important to the national interests of the United States and, 
not later than 15 days before obligating such assistance, 
furnishes a report to the appropriate committees of Congress 
including--
          (1) a statement of the determination;
          (2) a detailed explanation of the assistance to be 
        provided;
          (3) the estimated dollar amount of the assistance; 
        and
          (4) an explanation of how the assistance furthers 
        United States national interests.

           *       *       *       *       *       *       *


SEC. 620H.\16\, \17\ PROHIBITION ON ASSISTANCE TO COUNTRIES 
                    THAT PROVIDE MILITARY EQUIPMENT TO TERRORIST 
                    STATES.

    (a) Prohibition.--
          (1) In general.--The President shall withhold 
        assistance under this Act to the government of any 
        country that provides lethal military equipment to a 
        country the government of which the Secretary of State 
        has determined is a terrorist government for the 
        purposes of section 6(j) of the Export Administration 
        Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2371).
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 2378. Sec. 326 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1256) added 
sec. 620H.
---------------------------------------------------------------------------
          (2) Applicability.--The prohibition under this 
        section with respect to a foreign government shall 
        terminate 1 year after that government ceases to 
        provide lethal military equipment. This section applies 
        with respect to lethal military equipment provided 
        under a contract entered into after the date of 
        enactment of this Act.\18\
---------------------------------------------------------------------------
    \18\ ``[D]ate of enactment of this Act'' probably refers to 
enactment of the amendment, April 24, 1996.
---------------------------------------------------------------------------
    (b) Waiver.--Notwithstanding any other provision of law, 
assistance may be furnished to a foreign government described 
in subsection (a) if the President determines that furnishing 
such assistance is important to the national interests of the 
United States and, not later than 15 days before obligating 
such assistance, furnishes a report to the appropriate 
committees of Congress including--
          (1) a statement of the determination;
          (2) a detailed explanation of the assistance to be 
        provided;
          (3) the estimated dollar amount of the assistance; 
        and
          (4) an explanation of how the assistance furthers 
        United States national interests.

           *       *       *       *       *       *       *


          PART IV--ENTERPRISE FOR THE AMERICAS INITIATIVE \19\


SEC. 701.\20\ PURPOSE.

    The purpose of this part is to encourage and support 
improvement in the lives of the people of Latin America and the 
Caribbean through market-oriented reforms and economic growth 
with interrelated actions to promote debt reduction, investment 
reforms, community based conservation, and sustainable use of 
the environment, and child survival and child development. The 
Facility will support these objectives through administration 
of debt reduction operations under this part for those 
countries with democratically elected governments that meet 
investment reforms and other policy conditions.
---------------------------------------------------------------------------
    \19\ Sec. 602(a) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3664) added Part IV--Enterprise for the Americas 
Initiative, secs. 701-710. Formerly, Part IV, which related to 
amendments to other laws, was repealed by sec. 401 of the FA Act of 
1962.
    \20\ 22 U.S.C. 2430.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 703.\21\ ELIGIBILITY FOR BENEFITS.

  (a) Requirements.--To be eligible for benefits from the 
Facility under this part, a country must be a Latin American or 
Caribbean country--
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 2430b.
---------------------------------------------------------------------------
          (1) whose government is democratically elected;
          (2) whose government has not repeatedly provided 
        support for acts of international terrorism;
          (3) whose government is not failing to cooperate on 
        international narcotics control matters;
          (4) whose government (including its military or other 
        security forces) does not engage in a consistent 
        pattern of gross violations of internationally 
        recognized human rights;
          (5) that has in effect, has received approval for, 
        or, as appropriate in exceptional circumstances, is 
        making significant progress toward--
                  (A) an International Monetary Fund standby 
                arrangement, extended Fund arrangement, or an 
                arrangement under the structural adjustment 
                facility or enhanced structural adjustment 
                facility, or in exceptional circumstances, a 
                Fund monitored program or its equivalent, 
                unless the President determines (after 
                consultation with the Enterprise for the 
                Americas Board) that such an arrangement or 
                program (or its equivalent) could reasonably be 
                expected to have significant adverse social or 
                environmental effects; and
                  (B) as appropriate, structural or sectoral 
                adjustment loans from the International Bank 
                for Reconstruction and Development or the 
                International Development Association, unless 
                the President determines (after consultation 
                with the Enterprise for the Americas Board) 
                that the resulting adjustment requirements 
                could reasonably be expected to have 
                significant adverse social or environmental 
                effects;
          (6) has put in place major investment reforms in 
        conjunction with an Inter-American Development Bank 
        loan or otherwise is implementing, or is making 
        significant progress toward, an open investment regime; 
        and
          (7) if appropriate, has agreed with its commercial 
        bank lenders on a satisfactory financing program, 
        including, as appropriate, debt or debt service 
        reduction.
  (b) Eligibility Determinations.--Consistent with subsection 
(a), the President shall determine whether a country is 
eligible to receive benefits under this part. The President 
shall notify the appropriate congressional committees of his 
intention to designate a country as an eligible country at 
least 15 days in advance of any formal determination.

           *       *       *       *       *       *       *


                     2. The Arms Export Control Act

  Public Law 90-629 [H.R. 15681], 82 Stat. 1320, approved October 22, 
                            1968, as amended

    AN ACT To consolidate and revise foreign assistance legislation 
               relating to reimbursable military exports.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Arms Export Control Act''.\1\
---------------------------------------------------------------------------
    \1\ The new title, ``Arms Export Control Act,'' was added in lieu 
of ``The Foreign Military Sales Act'' by sec. 201 of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 734). Sec. 201 further stated that ``any reference to the 
Foreign Military Sales Act shall be deemed to be a reference to the 
Arms Export Control Act.''.
---------------------------------------------------------------------------

    Chapter 1--FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND 
RESTRAINTS

           *       *       *       *       *       *       *


    Sec. 6.\2\ Foreign Intimidation and Harassment of 
Individuals in the United States.--No letters of offer may be 
issued, no credits or guarantees may be extended, and no export 
licenses may be issued under this Act with respect to any 
country determined by the President to be engaged in a 
consistent pattern of acts of intimidation or harassment 
directed against individuals in the United States. The 
President shall report any such determination promptly to the 
Speaker of the House of Representatives and to the chairman of 
the Committee on Foreign Relations of the Senate.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2756. Sec. 6. was added by sec. 115 of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1528).

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

Chapter 3--MILITARY EXPORT CONTROLS

           *       *       *       *       *       *       *


    Sec. 38.\3\ Control of Arms Exports and Imports.--(a)(1) * 
* *
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2778.
---------------------------------------------------------------------------
    (2) \4\ Decisions on issuing export licenses under this 
section shall be made in coordination with the Director of the 
United States Arms Control and Disarmament Agency, taking into 
account the Director's assessment as to whether the export of 
an article would contribute to an arms race, aid in the 
development of weapons of mass destruction, support 
international terrorism, increase the possibility of outbreak 
or escalation of conflict, or prejudice the development of 
bilateral or multilateral arms control or nonproliferation 
agreements or other arrangements. The Director of the Arms 
Control and Disarmament Agency is authorized, whenever the 
Director determines that the issuance of an export license 
under this section would be detrimental to the national 
security of the United States, to recommend to the President 
that such export license be disapproved.
---------------------------------------------------------------------------
    \4\ Sec. 714(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497), amended 
and restated para. (2). The paragraph formerly read as follows:
    ``(2) Decisions on issuing export licenses under this section shall 
be made in coordination with the director of the United States Arms 
Control and Disarmament Agency and shall take into account the 
Director's opinion as to whether the export of an article will 
contribute to an arms race, support international terrorism, increase 
the possibility of outbreak or escalation of conflict, or prejudice the 
development of bilateral or multilateral arms control arrangements.''.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
    Sec. 40.\5\ Transactions With Countries Supporting Acts of 
International Terrorism.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2780. See also 22 CFR Part 120-130. Sec. 40 was added 
by sec. 509(a) of Public Law 99-399 (100 Stat. 874). Sec. 40 was 
amended and restated by the Anti-Terrorism and Arms Export Amendments 
Act of 1989 (Public Law 101-222; 103 Stat. 1892). It previously read as 
follows:
    ``Sec. 40. Exports to Countries Supporting Acts of International 
Terrorism.
    ``(a) Prohibition.--Except as provided in subsection (b), items on 
the United States Munitions List may not be exported to any country 
which the Secretary of State has determined, for purposes of section 
6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 
2405(j)(1)(A)), has repeatedly provided support for acts of 
international terrorism.
    ``(b) Waiver.--The President may waive the prohibition contained in 
subsection (a) in the case of a particular export if the President 
determines that the export is important to the national interests of 
the United States and submits to the Congress a report justifying that 
determination and describing the proposed export. Any such waiver shall 
expire at the end of 90 days after it is granted unless the Congress 
enacts a law extending the waiver.''.
---------------------------------------------------------------------------
    (a) Prohibited Transactions by the United States 
Government.--The following transactions by the United States 
Government are prohibited:
          (1) Exporting or otherwise providing (by sale, lease 
        or loan, grant, or other means), directly or 
        indirectly, any munitions item to a country described 
        in subsection (d) under the authority of this Act, the 
        Foreign Assistance Act of 1961, or any other law 
        (except as provided in subsection (h)). In implementing 
        this paragraph, the United States Government--
                  (A) shall suspend delivery to such country of 
                any such item pursuant to any such transaction 
                which has not been completed at the time the 
                Secretary of State makes the determination 
                described in subsection (d), and
                  (B) shall terminate any lease or loan to such 
                country of any such item which is in effect at 
                the time the Secretary of State makes that 
                determination.
          (2) Providing credits, guarantees, or other financial 
        assistance under the authority of this Act, the Foreign 
        Assistance Act of 1961, or any other law (except as 
        provided in subsection (h)), with respect to the 
        acquisition of any munitions item by a country 
        described in subsection (d). In implementing this 
        paragraph, the United States Government shall suspend 
        expenditures pursuant to any such assistance obligated 
        before the Secretary of States makes the determination 
        described in subsection (d). The President may 
        authorize expenditures otherwise required to be 
        suspended pursuant to the preceding sentence if the 
        President has determined, and reported to the Congress, 
        that suspension of those expenditures causes undue 
        financial hardship to a supplier, shipper, or similar 
        person and allowing the expenditure will not result in 
        any munitions item being made available for use by such 
        country.
          (3) Consenting under section 3(a) of this Act, under 
        section 505(a) of the Foreign Assistance Act of 1961, 
        under the regulations issued to carry out section 38 of 
        this Act, or under any other law (except as provided in 
        subsection (h)), to any transfer of any munitions item 
        to a country described in subsection (d). In 
        implementing this paragraph, the United States 
        Government shall withdraw any such consent, which is in 
        effect at the time the Secretary of State makes the 
        determination described in subsection (d), except that 
        this sentence does not apply with respect to any item 
        that has already been transferred to such country.
          (4) Providing any license or other approval under 
        section 38 of this Act for any export or other transfer 
        (including by means of a technical assistance 
        agreement, manufacturing licensing agreement, or 
        coproduction agreement) of any munitions item to a 
        country described in subsection (d). In implementing 
        this paragraph, the United States Government shall 
        suspend any such license or other approval which is in 
        effect at the time the Secretary of State makes the 
        determination described in subsection (d), except that 
        this sentence does not apply with respect to any item 
        that has already been exported or otherwise transferred 
        to such country.
          (5) Otherwise facilitating the acquisition of any 
        munitions item by a country described in subsection 
        (d). This paragraph applies with respect to activities 
        undertaken--
                  (A) by any department, agency, or other 
                instrumentality of the Government,
                  (B) by any officer or employee of the 
                Government (including members of the United 
                States Armed Forces), or
                  (C) by any other person at the request or on 
                behalf of the Government.
The Secretary of State may waive the requirements of the second 
sentence of paragraph (1), the second sentence of paragraph 
(3), and the second sentence of paragraph (4) to the extent 
that the Secretary determines, after consultation with the 
Congress, that unusual and compelling circumstances require 
that the United States Government not take the actions 
specified in that sentence.
    (b) Prohibited Transactions by United States Persons.--
          (1) In general.--A United States person may not take 
        any of the following actions:
                  (A) Exporting any munitions item to any 
                country described in subsection (d).
                  (B) Selling, leasing, loaning, granting, or 
                otherwise providing any munitions item to any 
                country described in subsection (d).
                  (C) Selling, leasing, loaning, granting, or 
                otherwise providing any munitions item to any 
                recipient which is not the government of or a 
                person in a country described in subsection (d) 
                if the United States person has reason to know 
                that the munitions item with be made available 
                to any country described in subsection (d).
                  (D) Taking any other action which would 
                facilitate the acquisition, directly or 
                indirectly, of any munitions item by the 
                government of any country described in 
                subsection (d), or any person acting on behalf 
                of that government, if the United States person 
                has reason to know that that action will 
                facilitate the acquisition of that item by such 
                a government or person.
          (2) Liability for actions of foreign subsidiaries, 
        etc.--A United State person violates this subsection if 
        a corporation or other person that is controlled in 
        fact by that United States person (as determined under 
        regulations, which the President shall issue), takes an 
        action described in paragraph (1) outside the United 
        States.
          (3) Applicability to actions outside the united 
        states.--Paragraph (1) applies with respect to actions 
        described in that paragraph which are taken either 
        within or outside the United States by a United States 
        person described in subsection (l)(3)(A) or (B). To the 
        extent provided in regulations issued under subsection 
        (l)(3)(D), paragraph (1) applies with respect to 
        actions described in that paragraph which are taken 
        outside the United State by a person designated as a 
        United States person in those regulations.
    (c) Transfers to Governments and Persons Covered.--This 
section applies with respect to--
          (1) the acquisition of munitions items by the 
        government of a country described in subsection (d); 
        and
          (2) the acquisition of munitions items by any 
        individual, group, or other person within a country 
        described in subsection (d), except to the extent that 
        subparagraph (D) of subsection (b)(1) provides 
        otherwise.
    (d) \6\ Countries Covered by Prohibition.--The prohibitions 
contained in this section apply with respect to a country if 
the Secretary of State determines that the government of that 
country has repeatedly provided support for acts of 
international terrorism. For purposes of this subsection, such 
acts shall include all activities that the Secretary determines 
willfully aid or abet the international proliferation of 
nuclear explosive devices to individuals or groups or willfully 
aid or abet an individual or groups in acquiring unsafeguarded 
special nuclear material.
---------------------------------------------------------------------------
    \6\ Sec. 551 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1999 (division A, sec. 101(d) of 
Public Law 105-277; 112 Stat. 2681), provided the following:
---------------------------------------------------------------------------

 ``prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism
---------------------------------------------------------------------------
    ``Sec. 551. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 40(d) of the Arms Export Control Act or any other 
comparable provision of law. The prohibition under this section with 
respect to a foreign government shall terminate 12 months after that 
government ceases to provide such military equipment. This section 
applies with respect to lethal military equipment provided under a 
contract entered into after October 1, 1997.
    ``(b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of 
the United States.
    ``(c) Whenever the waiver of subsection (b) is exercised, the 
President shall submit to the appropriate congressional committees a 
report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance estimated 
to be provided, including the estimated dollar amount of such 
assistance, and an explanation of how the assistance furthers United 
States national interests.''.
---------------------------------------------------------------------------
    (e) Publication of Determinations.--Each determination of 
the Secretary of State under subsection (d) shall be published 
in the Federal Register.
    (f) Rescission.--(1) A determination made by the Secretary 
of State under subsection (d) may not be rescinded unless the 
President submits to the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign 
Relations of the Senate--
          (A) before the proposed rescission would take effect, 
        a report certifying that--
                  (i) there has been a fundamental change in 
                the leadership and policies of the government 
                of the country concerned;
                  (ii) that government is not supporting acts 
                of international terrorism; and
                  (iii) that government has provided assurances 
                that it will not support acts of international 
                terrorism in the future; or
          (B) at least 45 days before the proposed rescission 
        would take effect, a report justifying the rescission 
        and certifying that--
                  (i) the government concerned has not provided 
                any support for international terrorism during 
                the preceding 6-month period; and
                  (ii) the government concerned has provided 
                assurances that it will not support acts of 
                international terrorism in the future.
  (2) (A) No rescission under paragraph (1)(B) of a 
determination under subsection (d) may be made if the Congress, 
within 45 days after receipt of a report under paragraph 
(1)(B), enacts a joint resolution the matter after the 
resolving clause of which is as follows: ``That the proposed 
rescission of the determination under section 40(d) of the Arms 
Export Control Act pursuant to the report submitted to the 
Congress on ________________ is hereby prohibited.'', the blank 
to be completed with the appropriate date.
  (B) A joint resolution described in subparagraph (A) and 
introduced within the appropriate 45-day period shall be 
considered in the Senate and the House of Representatives in 
accordance with paragraphs (3) through (7) of section 8066(c) 
of the Department of Defense Appropriations Act (as contained 
in Public Law 98-473), except that references in such 
paragraphs to the Committees on Appropriations of the House of 
Representatives and the Senate shall be deemed to be references 
to the Committee on Foreign Affairs \7\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate, respectively.
---------------------------------------------------------------------------
    \7\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (g) Waiver.--The President may waive the prohibitions 
contained in this section with respect to a specific 
transaction if--
          (1) the President determines that the transaction is 
        essential to the national security interests of the 
        United States; and
          (2) not less than 15 days prior to the proposed 
        transaction, the President--
                  (A) consults with the Committee on Foreign 
                Affairs \7\ of the House of Representatives and 
                the Committee on Foreign Relations of the 
                Senate; and
                  (B) submits to the Speaker of the House of 
                Representatives and the chairman of the 
                Committee on Foreign Relations of the Senate a 
                report containing--
                          (i) the name of any country involved 
                        in the proposed transaction, the 
                        identity of any recipient of the items 
                        to be provided pursuant to the proposed 
                        transaction, and the anticipated use of 
                        those items;
                          (ii) a description of the munitions 
                        items involved in the proposed 
                        transaction (including their market 
                        value) and the actual sale price at 
                        each step in the transaction (or if the 
                        items are transferred by other than 
                        sale, the manner in which they will be 
                        provided);
                          (iii) the reasons why the proposed 
                        transaction is essential to the 
                        national security interests of the 
                        United States and the justification for 
                        such proposed transaction;
                          (iv) the date on which the proposed 
                        transaction is expected to occur; and
                          (v) the name of every United States 
                        Government department, agency, or other 
                        entity involved in the proposed 
                        transaction, every foreign government 
                        involved in the proposed transaction, 
                        and every private party with 
                        significant participation in the 
                        proposed transaction.
To the extent possible, the information specified in 
subparagraph (B) of paragraph (2) shall be provided in 
unclassified form, with any classified information provided in 
an addendum to the report.
    (h) Exemption for Transactions Subject to National Security 
Act Reporting Requirements.--The prohibitions contained in this 
section do not apply with respect to any transaction subject to 
reporting requirements under title V of the National Security 
Act of 1947 (50 U.S.C. 413 et seq.; relating to congressional 
oversight of intelligence activities).
    (i) Relation to Other Laws.--
          (1) In general.--With regard to munitions items 
        controlled pursuant to this Act, the provisions of this 
        section shall apply notwithstanding any other 
        provisions of law, other than section 614(a) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)).
          (2) Section 614(a) waiver authority.--If the 
        authority of section 614(a) of the Foreign Assistance 
        Act of 1961 is used to permit a transaction under that 
        Act or the Arms Export Control Act which is otherwise 
        prohibited by this section, the written policy 
        justification required by that section shall include 
        the information specified in subsection (g)(2)(B) of 
        this section.
    (j) Criminal Penalty.--Any person who willfully violates 
this section shall be fined for each violation not more than 
$1,000,000, imprisoned not more than 10 years, or both.
    (k) Civil Penalties; Enforcement.--In the enforcement of 
this section, the President is authorized to exercise the same 
powers concerning violations and enforcement which are 
conferred upon departments, agencies, and officials by sections 
11(c), 11(e), 11(g), and 12(a) of the Export Administration Act 
of 1979 (subject to the same terms and conditions as are 
applicable to such powers under that Act), except that, 
notwithstanding section 11(c) of that Act, the civil penalty 
for each violation of this section may not exceed $500,000.
    (l) Definitions.--As used in this section--
          (1) the term ``munitions item'' means any item 
        enumerated on the United States Munitions list (without 
        regard to whether the item is imported into or exported 
        from the United States);
          (2) the term ``United States'', when used 
        geographically, means the several States, the District 
        of Columbia, the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands, and any 
        territory or possession of the United States;
          (3) the term ``United States person'' means--
                  (A) any citizen or permanent resident alien 
                of the United States;
                  (B) any sole proprietorship, partnership, 
                company, association, or corporation having its 
                principal place of business within the United 
                States or organized under the laws of the 
                United States, any State, the District of 
                Columbia, the Commonwealth of Puerto Rico, the 
                Commonwealth of the Northern Mariana Islands, 
                or any territory or possession of the United 
                States;
                  (C) any other person with respect to that 
                person's actions while in the United States; 
                and
                  (D) to the extent provided in regulations 
                issued by the Secretary of state, any person 
                that is not described in subparagraph (A), (B), 
                or (C) but--
                          (i) is a foreign subsidiary or 
                        affiliate of a United States person 
                        described in subparagraph (B) and is 
                        controlled in fact by that United 
                        States person (as determined in 
                        accordance with those regulations), or
                          (ii) is otherwise subject to the 
                        jurisdiction of the United States
                with respect to that person's actions while 
                outside the United States;
          (4) the term ``nuclear explosive device'' has the 
        meaning given that term in section 830(4) of the 
        Nuclear Proliferation Prevention Act of 1994; and
          (5) the term ``unsafeguarded special nuclear 
        material'' has the meaning given that term in section 
        830(8) of the Nuclear Proliferation Prevention Act of 
        1994.
    Sec. 40A.\8\ Transactions With Countries Not Fully 
Cooperating With United States Antiterrorism Efforts.--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2781. Sec. 330 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1258) added 
this sec. 40A.
---------------------------------------------------------------------------
    (a) Prohibited Transactions.--No defense article or defense 
service may be sold or licensed for export under this Act in a 
fiscal year to a foreign country that the President determines 
and certifies to Congress, by May 15 of the calendar year in 
which that fiscal year begins, is not cooperating fully with 
United States antiterrorism efforts.
    (b) Waiver.--The President may waive the prohibition set 
forth in subsection (a) with respect to a specific transaction 
if the President determines that the transaction is important 
to the national interests of the United States.

           *       *       *       *       *       *       *


CHAPTER 7--CONTROL OF MISSILES AND MISSILE EQUIPMENT OR TECHNOLOGY \9\

           *       *       *       *       *       *       *


---------------------------------------------------------------------------
    \9\ Sec. 1703 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1745) added chapter 7, secs. 
71-74.
---------------------------------------------------------------------------
    Sec. 72.\10\ Denial of the Transfer of Missile Equipment or 
Technology by United States Persons.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 2797a.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
    (c) \11\ Presumption.--In determining whether to apply 
sanctions under subsection (a) to a United States person 
involved in the export, transfer, or trade of an item on the 
MTCR Annex, it should be a rebuttable presumption that such 
item is designed for use in a missile listed in the MTCR Annex 
if the President determines that the final destination of the 
item is a country the government of which the Secretary of 
State has determined, for purposes of 6(j)(1)(A) of the Export 
Administration Act of 1979, has repeatedly provided support for 
acts of international terrorism.
---------------------------------------------------------------------------
    \11\ Sec. 734(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 505), added subsec. 
(c).

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
    Sec. 73.\12\ Transfers of Missile Equipment or Technology 
by Foreign Persons.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 2797b.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
    (f) \13\ Presumption.--In determining whether to apply 
sanctions under subsection (a) to a foreign person involved in 
the export, transfer, or trade of an item on the MTCR Annex, it 
should be a rebuttable presumption that such item is designed 
for use in a missile listed in the MTCR Annex if the President 
determines that the final destination of the item is a country 
the government of which the Secretary of State has determined, 
for purposes of 6(j)(1)(A) of the Export Administration Act of 
1979, has repeatedly provided support for acts of international 
terrorism.
---------------------------------------------------------------------------
    \13\ Sec. 734(b) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 505), added subsec. 
(f).

           *       *       *       *       *       *       *


                3. Iran and Libya Sanctions Act of 1996

Public Law 104-172 [H.R. 3107], 110 Stat. 1541, approved August 5, 1996

   AN ACT To impose sanctions on persons making certain investments 
   directly and significantly contributing to the enhancement of the 
  ability of Iran or Libya to develop its petroleum resources, and on 
    persons exporting certain items that enhance Libya's weapons or 
    aviation capabilities or enhance Libya's ability to develop its 
              petroleum resources, 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.\1\ SHORT TITLE.

    This Act may be cited as the ``Iran and Libya Sanctions Act 
of 1996''.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 1701 note. In a memorandum of November 21, 1996 (61 
F.R. 64249), the President made the following delegations of authority 
under this Act:
    ``. . . I hereby delegate to the Secretary of State the functions 
vested in the President by the following provisions of the Iran and 
Libya Sanctions Act of 1996 (Public Law 104-172) (`the Act'), such 
functions to be exercised in consultation with the Departments of the 
Treasury and Commerce and the United States Trade Representative, and 
with the Export-Import Bank and the Federal Reserve Board and other 
interested agencies as appropriate: sections 4(c), 5(a), 5(b), 5(c), 
5(f), 6(1), 6(2), and 9(c). I hereby delegate to the Secretary of State 
the functions vested in the President by the following provisions of 
the Act: sections 4(a), 4(b), 4(d), 4(e), 5(d), 5(e), 9(a), 9(b), and 
10. * * * The following functions vested in the President by the 
following provisions of the Act delegated by this memorandum may be 
redelegated: 4(a), 4(b), 4(d), 4(e), 4(d), 5(e), and 10. All other 
functions delegated by this memorandum may not be redelegated.''.
---------------------------------------------------------------------------

SEC. 2.\1\ FINDINGS.

    The Congress makes the following findings:
          (1) The efforts of the Government of Iran to acquire 
        weapons of mass destruction and the means to deliver 
        them and its support of acts of international terrorism 
        endanger the national security and foreign policy 
        interests of the United States and those countries with 
        which the United States shares common strategic and 
        foreign policy objectives.
          (2) The objective of preventing the proliferation of 
        weapons of mass destruction and acts of international 
        terrorism through existing multilateral and bilateral 
        initiatives requires additional efforts to deny Iran 
        the financial means to sustain its nuclear, chemical, 
        biological, and missile weapons programs.
          (3) The Government of Iran uses its diplomatic 
        facilities and quasi-governmental institutions outside 
        of Iran to promote acts of international terrorism and 
        assist its nuclear, chemical, biological, and missile 
        weapons programs.
          (4) The failure of the Government of Libya to comply 
        with Resolutions 731, 748, and 883 of the Security 
        Council of the United Nations, its support of 
        international terrorism, and its efforts to acquire 
        weapons of mass destruction constitute a threat to 
        international peace and security that endangers the 
        national security and foreign policy interests of the 
        United States and those countries with which it shares 
        common strategic and foreign policy objectives.

SEC. 3.\1\ DECLARATION OF POLICY.

    (a) Policy With Respect to Iran.--The Congress declares 
that it is the policy of the United States to deny Iran the 
ability to support acts of international terrorism and to fund 
the development and acquisition of weapons of mass destruction 
and the means to deliver them by limiting the development of 
Iran's ability to explore for, extract, refine, or transport by 
pipeline petroleum resources of Iran.
    (b) Policy With Respect to Libya.--The Congress further 
declares that it is the policy of the United States to seek 
full compliance by Libya with its obligations under Resolutions 
731, 748, and 883 of the Security Council of the United 
Nations, including ending all support for acts of international 
terrorism and efforts to develop or acquire weapons of mass 
destruction.

SEC. 4.\1\ MULTILATERAL REGIME.

    (a) Multilateral Negotiations.--In order to further the 
objectives of section 3, the Congress urges the President to 
commence immediately diplomatic efforts, both in appropriate 
international fora such as the United Nations, and bilaterally 
with allies of the United States, to establish a multilateral 
sanctions regime against Iran, including provisions limiting 
the development of petroleum resources, that will inhibit 
Iran's efforts to carry out activities described in section 2.
    (b) Reports to Congress.--The President shall report to the 
appropriate congressional committees, not later than 1 year 
after the date of the enactment of this Act, and periodically 
thereafter, on the extent that diplomatic efforts described in 
subsection (a) have been successful. Each report shall 
include--
          (1) the countries that have agreed to undertake 
        measures to further the objectives of section 3 with 
        respect to Iran, and a description of those measures; 
        and
          (2) the countries that have not agreed to measures 
        described in paragraph (1), and, with respect to those 
        countries, other measures (in addition to that provided 
        in subsection (d)) the President recommends that the 
        United States take to further the objectives of section 
        3 with respect to Iran.
    (c) Waiver.--The President may waive the application of 
section 5(a) with respect to nationals of a country if--
          (1) that country has agreed to undertake substantial 
        measures, including economic sanctions, that will 
        inhibit Iran's efforts to carry out activities 
        described in section 2 and information required by 
        subsection (b)(1) has been included in a report 
        submitted under subsection (b); and
          (2) the President, at least 30 days before the waiver 
        takes effect, notifies the appropriate congressional 
        committees of his intention to exercise the waiver.
    (d) Enhanced Sanction.--
          (1) Sanction.--With respect to nationals of countries 
        except those with respect to which the President has 
        exercised the waiver authority of subsection (c), at 
        any time after the first report is required to be 
        submitted under subsection (b), section 5(a) shall be 
        applied by substituting ``$20,000,000'' for 
        ``$40,000,000'' each place it appears, and by 
        substituting ``$5,000,000'' for ``$10,000,000''.
          (2) Report to congress.--The President shall report 
        to the appropriate congressional committees any country 
        with respect to which paragraph (1) applies.
    (e) Interim Report on Multilateral Sanctions; Monitoring.--
The President, not later than 90 days after the date of the 
enactment of this Act, shall report to the appropriate 
congressional committees on--
          (1) whether the member states of the European Union, 
        the Republic of Korea, Australia, Israel, or Japan have 
        legislative or administrative standards providing for 
        the imposition of trade sanctions on persons or their 
        affiliates doing business or having investments in Iran 
        or Libya;
          (2) the extent and duration of each instance of the 
        application of such sanctions; and
          (3) the disposition of any decision with respect to 
        such sanctions by the World Trade Organization or its 
        predecessor organization.

SEC. 5.\1\ IMPOSITION OF SANCTIONS.

    (a) Sanctions With Respect to Iran.--Except as provided in 
subsection (f), the President shall impose 2 or more of the 
sanctions described in paragraphs (1) through (6) of section 6 
if the President determines that a person has, with actual 
knowledge, on or after the date of the enactment of this Act, 
made an investment of $40,000,000 or more (or any combination 
of investments of at least $10,000,000 each, which in the 
aggregate equals or exceeds $40,000,000 in any 12-month 
period), that directly and significantly contributed to the 
enhancement of Iran's ability to develop petroleum resources of 
Iran.
    (b) Mandatory Sanctions With Respect to Libya.--
          (1) Violations of prohibited transactions.--Except as 
        provided in subsection (f), the President shall impose 
        2 or more of the sanctions described in paragraphs (1) 
        through (6) of section 6 if the President determines 
        that a person has, with actual knowledge, on or after 
        the date of the enactment of this Act, exported, 
        transferred, or otherwise provided to Libya any goods, 
        services, technology, or other items the provision of 
        which is prohibited under paragraph 4(b) or 5 of 
        Resolution 748 of the Security Council of the United 
        Nations, adopted March 31, 1992, or under paragraph 5 
        or 6 of Resolution 883 of the Security Council of the 
        United Nations, adopted November 11, 1993, if the 
        provision of such items significantly and materially--
                  (A) contributed to Libya's ability to acquire 
                chemical, biological, or nuclear weapons or 
                destabilizing numbers and types of advanced 
                conventional weapons or enhanced Libya's 
                military or paramilitary capabilities;
                  (B) contributed to Libya's ability to develop 
                its petroleum resources; or
                  (C) contributed to Libya's ability to 
                maintain its aviation capabilities.
          (2) Investments that contribute to the development of 
        petroleum resources.--Except as provided in subsection 
        (f), the President shall impose 2 or more of the 
        sanctions described in paragraphs (1) through (6) of 
        section 6 if the President determines that a person 
        has, with actual knowledge, on or after the date of the 
        enactment of this Act, made an investment of 
        $40,000,000 or more (or any combination of investments 
        of at least $10,000,000 each, which in the aggregate 
        equals or exceeds $40,000,000 in any 12-month period), 
        that directly and significantly contributed to the 
        enhancement of Libya's ability to develop its petroleum 
        resources.
    (c) Persons Against Which the Sanctions Are To Be 
Imposed.--The sanctions described in subsections (a) and (b) 
shall be imposed on--
          (1) any person the President determines has carried 
        out the activities described in subsection (a) or (b); 
        and
          (2) any person the President determines--
                  (A) is a successor entity to the person 
                referred to in paragraph (1);
                  (B) is a parent or subsidiary of the person 
                referred to in paragraph (1) if that parent or 
                subsidiary, with actual knowledge, engaged in 
                the activities referred to in paragraph (1); or
                  (C) is an affiliate of the person referred to 
                in paragraph (1) if that affiliate, with actual 
                knowledge, engaged in the activities referred 
                to in paragraph (1) and if that affiliate is 
                controlled in fact by the person referred to in 
                paragraph (1).
For purposes of this Act, any person or entity described in 
this subsection shall be referred to as a ``sanctioned 
person''.
    (d) Publication in Federal Register.--The President shall 
cause to be published in the Federal Register a current list of 
persons and entities on whom sanctions have been imposed under 
this Act. The removal of persons or entities from, and the 
addition of persons and entities to, the list, shall also be so 
published.
    (e) Publication of Projects.\2\--The President shall cause 
to be published in the Federal Register a list of all 
significant projects which have been publicly tendered in the 
oil and gas sector in Iran.
---------------------------------------------------------------------------
    \2\ The Department of State published such a list in Public Notice 
No. 2501, January 2, 1997 (62 F.R. 1141).
---------------------------------------------------------------------------
    (f) Exceptions.--The President shall not be required to 
apply or maintain the sanctions under subsection (a) or (b)--
          (1) in the case of procurement of defense articles or 
        defense services--
                  (A) under existing contracts or subcontracts, 
                including the exercise of options for 
                production quantities to satisfy requirements 
                essential to the national security of the 
                United States;
                  (B) if the President determines in writing 
                that the person to which the sanctions would 
                otherwise be applied is a sole source supplier 
                of the defense articles or services, that the 
                defense articles or services are essential, and 
                that alternative sources are not readily or 
                reasonably available; or
                  (C) if the President determines in writing 
                that such articles or services are essential to 
                the national security under defense 
                coproduction agreements;
          (2) in the case of procurement, to eligible products, 
        as defined in section 308(4) of the Trade Agreements 
        Act of 1979 (19 U.S.C. 2518(4)), of any foreign country 
        or instrumentality designated under section 301(b)(1) 
        of that Act (19 U.S.C. 2511(b)(1));
          (3) to products, technology, or services provided 
        under contracts entered into before the date on which 
        the President publishes in the Federal Register the 
        name of the person on whom the sanctions are to be 
        imposed;
          (4) to--
                  (A) spare parts which are essential to United 
                States products or production;
                  (B) component parts, but not finished 
                products, essential to United States products 
                or production; or
                  (C) routine servicing and maintenance of 
                products, to the extent that alternative 
                sources are not readily or reasonably 
                available;
          (6) to information and technology essential to United 
        States products or production; or
          (7) to medicines, medical supplies, or other 
        humanitarian items.

SEC. 6.\1\ DESCRIPTION OF SANCTIONS.

    The sanctions to be imposed on a sanctioned person under 
section 5 are as follows:
          (1) Export-import bank assistance for exports to 
        sanctioned persons.--The President may direct the 
        Export-Import Bank of the United States not to give 
        approval to the issuance of any guarantee, insurance, 
        extension of credit, or participation in the extension 
        of credit in connection with the export of any goods or 
        services to any sanctioned person.
          (2) Export sanction.--The President may order the 
        United States Government not to issue any specific 
        license and not to grant any other specific permission 
        or authority to export any goods or technology to a 
        sanctioned person under--
                  (i) the Export Administration Act of 1979;
                  (ii) the Arms Export Control Act;
                  (iii) the Atomic Energy Act of 1954; or
                  (iv) any other statute that requires the 
                prior review and approval of the United States 
                Government as a condition for the export or 
                reexport of goods or services.
          (3) Loans from united states financial 
        institutions.--The United States Government may 
        prohibit any United States financial institution from 
        making loans or providing credits to any sanctioned 
        person totaling more than $10,000,000 in any 12-month 
        period unless such person is engaged in activities to 
        relieve human suffering and the loans or credits are 
        provided for such activities.
          (4) Prohibitions on financial institutions.--The 
        following prohibitions may be imposed against a 
        sanctioned person that is a financial institution:
                  (A) Prohibition on designation as primary 
                dealer.--Neither the Board of Governors of the 
                Federal Reserve System nor the Federal Reserve 
                Bank of New York may designate, or permit the 
                continuation of any prior designation of, such 
                financial institution as a primary dealer in 
                United States Government debt instruments.
                  (B) Prohibition on service as a repository of 
                government funds.--Such financial institution 
                may not serve as agent of the United States 
                Government or serve as repository for United 
                States Government funds.
        The imposition of either sanction under subparagraph 
        (A) or (B) shall be treated as 1 sanction for purposes 
        of section 5, and the imposition of both such sanctions 
        shall be treated as 2 sanctions for purposes of section 
        5.
          (5) Procurement sanction.--The United States 
        Government may not procure, or enter into any contract 
        for the procurement of, any goods or services from a 
        sanctioned person.
          (6) Additional sanctions.--The President may impose 
        sanctions, as appropriate, to restrict imports with 
        respect to a sanctioned person, in accordance with the 
        International Emergency Economic Powers Act (50 U.S.C. 
        1701 and following).

SEC. 7.\1\ ADVISORY OPINIONS.

    The Secretary of State may, upon the request of any person, 
issue an advisory opinion to that person as to whether a 
proposed activity by that person would subject that person to 
sanctions under this Act. Any person who relies in good faith 
on such an advisory opinion which states that the proposed 
activity would not subject a person to such sanctions, and any 
person who thereafter engages in such activity, will not be 
made subject to such sanctions on account of such activity.

SEC. 8.\1\ TERMINATION OF SANCTIONS.

    (a) Iran.--The requirement under section 5(a) to impose 
sanctions shall no longer have force or effect with respect to 
Iran if the President determines and certifies to the 
appropriate congressional committees that Iran--
          (1) has ceased its efforts to design, develop, 
        manufacture, or acquire--
                  (A) a nuclear explosive device or related 
                materials and technology;
                  (B) chemical and biological weapons; and
                  (C) ballistic missiles and ballistic missile 
                launch technology; and
          (2) has been removed from the list of countries the 
        governments of which have been determined, for purposes 
        of section 6(j) of the Export Administration Act of 
        1979, to have repeatedly provided support for acts of 
        international terrorism.
    (b) Libya.--The requirement under section 5(b) to impose 
sanctions shall no longer have force or effect with respect to 
Libya if the President determines and certifies to the 
appropriate congressional committees that Libya has fulfilled 
the requirements of United Nations Security Council Resolution 
731, adopted January 21, 1992, United Nations Security Council 
Resolution 748, adopted March 31, 1992, and United Nations 
Security Council Resolution 883, adopted November 11, 1993.

SEC. 9.\1\ DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.

    (a) Delay of Sanctions.--
          (1) Consultations.--If the President makes a 
        determination described in section 5(a) or 5(b) with 
        respect to a foreign person, the Congress urges the 
        President to initiate consultations immediately with 
        the government with primary jurisdiction over that 
        foreign person with respect to the imposition of 
        sanctions under this Act.
          (2) Actions by government of jurisdiction.--In order 
        to pursue consultations under paragraph (1) with the 
        government concerned, the President may delay 
        imposition of sanctions under this Act for up to 90 
        days. Following such consultations, the President shall 
        immediately impose sanctions unless the President 
        determines and certifies to the Congress that the 
        government has taken specific and effective actions, 
        including, as appropriate, the imposition of 
        appropriate penalties, to terminate the involvement of 
        the foreign person in the activities that resulted in 
        the determination by the President under section 5(a) 
        or 5(b) concerning such person.
          (3) Additional delay in imposition of sanctions.--The 
        President may delay the imposition of sanctions for up 
        to an additional 90 days if the President determines 
        and certifies to the Congress that the government with 
        primary jurisdiction over the person concerned is in 
        the process of taking the actions described in 
        paragraph (2).
          (4) Report to congress.--Not later than 90 days after 
        making a determination under section 5(a) or 5(b), the 
        President shall submit to the appropriate congressional 
        committees a report on the status of consultations with 
        the appropriate foreign government under this 
        subsection, and the basis for any determination under 
        paragraph (3).
    (b) Duration of Sanctions.--A sanction imposed under 
section 5 shall remain in effect--
          (1) for a period of not less than 2 years from the 
        date on which it is imposed; or
          (2) until such time as the President determines and 
        certifies to the Congress that the person whose 
        activities were the basis for imposing the sanction is 
        no longer engaging in such activities and that the 
        President has received reliable assurances that such 
        person will not knowingly engage in such activities in 
        the future, except that such sanction shall remain in 
        effect for a period of at least 1 year.
    (c) Presidential Waiver.--
          (1) Authority.--The President may waive the 
        requirement in section 5 to impose a sanction or 
        sanctions on a person described in section 5(c), and 
        may waive the continued imposition of a sanction or 
        sanctions under subsection (b) of this section, 30 days 
        or more after the President determines and so reports 
        to the appropriate congressional committees that it is 
        important to the national interest of the United States 
        to exercise such waiver authority.
          (2) Contents of report.--Any report under paragraph 
        (1) shall provide a specific and detailed rationale for 
        the determination under paragraph (1), including--
                  (A) a description of the conduct that 
                resulted in the determination under section 
                5(a) or (b), as the case may be;
                  (B) in the case of a foreign person, an 
                explanation of the efforts to secure the 
                cooperation of the government with primary 
                jurisdiction over the sanctioned person to 
                terminate or, as appropriate, penalize the 
                activities that resulted in the determination 
                under section 5(a) or (b), as the case may be;
                  (C) an estimate as to the significance--
                          (i) of the provision of the items 
                        described in section 5(a) to Iran's 
                        ability to develop its petroleum 
                        resources, or
                          (ii) of the provision of the items 
                        described in section 5(b)(1) to the 
                        abilities of Libya described in 
                        subparagraph (A), (B), or (C) of 
                        section 5(b)(1), or of the investment 
                        described in section 5(b)(2) on Libya's 
                        ability to develop its petroleum 
                        resources, as the case may be; and
                  (D) a statement as to the response of the 
                United States in the event that the person 
                concerned engages in other activities that 
                would be subject to section 5(a) or (b).
          (3) Effect of report on waiver.--If the President 
        makes a report under paragraph (1) with respect to a 
        waiver of sanctions on a person described in section 
        5(c), sanctions need not be imposed under section 5(a) 
        or (b) on that person during the 30-day period referred 
        to in paragraph (1).

SEC. 10.\1\ REPORTS REQUIRED.

    (a) Report on Certain International Initiatives.--Not later 
than 6 months after the date of the enactment of this Act, and 
every 6 months thereafter, the President shall transmit a 
report to the appropriate congressional committees describing--
          (1) the efforts of the President to mount a 
        multilateral campaign to persuade all countries to 
        pressure Iran to cease its nuclear, chemical, 
        biological, and missile weapons programs and its 
        support of acts of international terrorism;
          (2) the efforts of the President to persuade other 
        governments to ask Iran to reduce the presence of 
        Iranian diplomats and representatives of other 
        government and military or quasi-governmental 
        institutions of Iran and to withdraw any such diplomats 
        or representatives who participated in the takeover of 
        the United States embassy in Tehran on November 4, 
        1979, or the subsequent holding of United States 
        hostages for 444 days;
          (3) the extent to which the International Atomic 
        Energy Agency has established regular inspections of 
        all nuclear facilities in Iran, including those 
        presently under construction; and
          (4) Iran's use of Iranian diplomats and 
        representatives of other government and military or 
        quasi-governmental institutions of Iran to promote acts 
        of international terrorism or to develop or sustain 
        Iran's nuclear, chemical, biological, and missile 
        weapons programs.
    (b) Other Reports.--The President shall ensure the 
continued transmittal to the Congress of reports describing--
          (1) the nuclear and other military capabilities of 
        Iran, as required by section 601(a) of the Nuclear Non-
        Proliferation Act of 1978 and section 1607 of the 
        National Defense Authorization Act for Fiscal Year 
        1993; and
          (2) the support provided by Iran for acts of 
        international terrorism, as part of the Department of 
        State's annual report on international terrorism.

SEC. 11.\1\ DETERMINATIONS NOT REVIEWABLE.

    A determination to impose sanctions under this Act shall 
not bereviewable in any court.

SEC. 12.\1\ EXCLUSION OF CERTAIN ACTIVITIES.

    Nothing in this Act shall apply to any activities subject 
to the reporting requirements of title V of the National 
Security Act of 1947.

SEC. 13.\1\ EFFECTIVE DATE; SUNSET.

    (a) Effective Date.--This Act shall take effect on the date 
of the enactment of this Act.
    (b) Sunset.--This Act shall cease to be effective on the 
date that is 5 years after the date of the enactment of this 
Act.

SEC. 14.\1\ DEFINITIONS.

    As used in this Act:
          (1) Act of international terrorism.--The term ``act 
        of international terrorism'' means an act--
                  (A) which is violent or dangerous to human 
                life and that is a violation of the criminal 
                laws of the United States or of any State or 
                that would be a criminal violation if committed 
                within the jurisdiction of the United States or 
                any State; and
                  (B) which appears to be intended--
                          (i) to intimidate or coerce a 
                        civilian population;
                          (ii) to influence the policy of a 
                        government by intimidation or coercion; 
                        or
                          (iii) to affect the conduct of a 
                        government by assassination or 
                        kidnapping.
          (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on Finance, the Committee on Banking, 
        Housing, and Urban Affairs, and the Committee on 
        Foreign Relations of the Senate and the Committee on 
        Ways and Means, the Committee on Banking and Financial 
        Services, and the Committee on International Relations 
        of the House of Representatives.
          (3) Component part.--The term ``component part'' has 
        the meaning given that term in section 11A(e)(1) of the 
        Export Administration Act of 1979 (50 U.S.C. App. 
        2410a(e)(1)).
          (4) Develop and development.--To ``develop'', or the 
        ``development'' of, petroleum resources means the 
        exploration for, or the extraction, refining, or 
        transportation by pipeline of, petroleum resources.
          (5) Financial institution.--The term ``financial 
        institution'' includes--
                  (A) a depository institution (as defined in 
                section 3(c)(1) of the Federal Deposit 
                Insurance Act), including a branch or agency of 
                a foreign bank (as defined in section 1(b)(7) 
                of the International Banking Act of 1978);
                  (B) a credit union;
                  (C) a securities firm, including a broker or 
                dealer;
                  (D) an insurance company, including an agency 
                or underwriter; and
                  (E) any other company that provides financial 
                services.
          (6) Finished product.--The term ``finished product'' 
        has the meaning given that term in section 11A(e)(2) of 
        the Export Administration Act of 1979 (50 U.S.C. App. 
        2410a(e)(2)).
          (7) Foreign person.--The term ``foreign person'' 
        means--
                  (A) an individual who is not a United States 
                person or an alien lawfully admitted for 
                permanent residence into the United States; or
                  (B) a corporation, partnership, or other 
                nongovernmental entity which is not a United 
                States person.
          (8) Goods and technology.--The terms ``goods'' and 
        ``technology'' have the meanings given those terms in 
        section 16 of the Export Administration Act of 1979 (50 
        U.S.C. App. 2415).
          (9) Investment.--The term ``investment'' means any of 
        the following activities if such activity is undertaken 
        pursuant to an agreement, or pursuant to the exercise 
        of rights under such an agreement, that is entered into 
        with the Government of Iran or a nongovenmental entity 
        in Iran, or with the Government of Libya or a 
        nongovernmental entity in Libya, on or after the date 
        of the enactment of this Act:
                  (A) The entry into a contract that includes 
                responsibility for the development of petroleum 
                resources located in Iran or Libya (as the case 
                may be), or the entry into a contract providing 
                for the general supervision and guarantee of 
                another person's performance of such a 
                contract.
                  (B) The purchase of a share of ownership, 
                including an equity interest, in that 
                development.
                  (C) The entry into a contract providing for 
                the participation in royalties, earnings, or 
                profits in that development, without regard to 
                the form of the participation.
        The term ``investment'' does not include the entry 
        into, performance, or financing of a contract to sell 
        or purchase goods, services, or technology.
          (10) Iran.--The term ``Iran'' includes any agency or 
        instrumentality of Iran.
          (11) Iranian diplomats and representatives of other 
        government and military or quasi-governmental 
        institutions of iran.--The term ``Iranian diplomats and 
        representatives of other government and military or 
        quasi-governmental institutions of Iran'' includes 
        employees, representatives, or affiliates of Iran's--
                  (A) Foreign Ministry;
                  (B) Ministry of Intelligence and Security;
                  (C) Revolutionary Guard Corps;
                  (D) Crusade for Reconstruction;
                  (E) Qods (Jerusalem) Forces;
                  (F) Interior Ministry;
                  (G) Foundation for the Oppressed and 
                Disabled;
                  (H) Prophet's Foundation;
                  (I) June 5th Foundation;
                  (J) Martyr's Foundation;
                  (K) Islamic Propagation Organization; and
                  (L) Ministry of Islamic Guidance.
          (12) Libya.--The term ``Libya'' includes any agency 
        or instrumentality of Libya.
          (13) Nuclear explosive device.--The term ``nuclear 
        explosive device'' means any device, whether assembled 
        or disassembled, that is designed to produce an 
        instantaneous release of an amount of nuclear energy 
        from special nuclear material (as defined in section 
        11(aa) of the Atomic Energy Act of 1954) that is 
        greater than the amount of energy that would be 
        released from the detonation of one pound of 
        trinitrotoluene (TNT).
          (14) Person.--The term ``person'' means--
                  (A) a natural person;
                  (B) a corporation, business association, 
                partnership, society, trust, any other 
                nongovernmental entity, organization, or group, 
                and any governmental entity operating as a 
                business enterprise; and
                  (C) any successor to any entity described in 
                subparagraph (B).
          (15) Petroleum resources.--The term ``petroleum 
        resources'' includes petroleum and natural gas 
        resources.
          (16) United states or state.--The term ``United 
        States'' or ``State'' means the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        the Commonwealth of the Northern Mariana Islands, 
        American Samoa, Guam, the United States Virgin Islands, 
        and any other territory or possession of the United 
        States.
          (17) United states person.--The term ``United States 
        person'' means--
                  (A) a natural person who is a citizen of the 
                United States or who owes permanent allegiance 
                to the United States; and
                  (B) a corporation or other legal entity which 
                is organized under the laws of the United 
                States, any State or territory thereof, or the 
                District of Columbia, if natural persons 
                described in subparagraph (A) own, directly or 
                indirectly, more than 50 percent of the 
                outstanding capital stock or other beneficial 
                interest in such legal entity.

             4. Iran-Iraq Arms Nonproliferation Act of 1992

Partial text of Public Law 102-484 [National Defense Authorization Act 
for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved October 23, 
                            1992, as amended

        TITLE XVI--IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992

SEC. 1601.\1\ SHORT TITLE.

    This title may be cited as the ``Iran-Iraq Arms Non-
Proliferation Act of 1992''.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 1701 note. In a September 27, 1994, memorandum for 
the Secretary of State, the President delegated all functions vested in 
the President by this title to the Secretary of State, in consultation 
with the Secretaries of Defense, Treasury, Commerce, the Director of 
the Arms Control and Disarmament Agency, and other heads of appropriate 
departments and agencies (59 F.R. 50685).
---------------------------------------------------------------------------

SEC. 1602. UNITED STATES POLICY.

    (a) In General.--It shall be the policy of the United 
States to oppose, and urgently to seek the agreement of other 
nations also to oppose, any transfer to Iran or Iraq of any 
goods or technology, including dual-use goods or technology, 
wherever that transfer could materially contribute to either 
country's acquiring chemical, biological, nuclear, or 
destabilizing numbers and types of advanced conventional 
weapons.
    (b) Sanctions.--(1) In the furtherance of this policy, the 
President shall apply sanctions and controls with respect to 
Iran, Iraq, and those nations and persons who assist them in 
acquiring weapons of mass destruction in accordance with the 
Foreign Assistance Act of 1961, the Nuclear Non-Proliferation 
Act of 1978, the Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991, chapter 7 of the Arms Export 
Control Act,\2\ and other relevant statutes, regarding the non-
proliferation of weapons of mass destruction and the means of 
their delivery.
---------------------------------------------------------------------------
    \2\ For text of chapter 7 of the Arms Export Control Act, see 
section A.2 of this publication.
---------------------------------------------------------------------------
    (2) The President should also urgently seek the agreement 
of other nations to adopt and institute, at the earliest 
practicable date, sanctions and controls comparable to those 
the United States is obligated to apply under this subsection.
    (c) Public Identification.--The Congress calls on the 
President to identify publicly (in the report required by 
section 1607) any country or person that transfers goods or 
technology to Iran or Iraq contrary to the policy set forth in 
subsection (a).

SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS.

    The sanctions against Iraq specified in paragraphs (1) 
through (4) of section 586G(a) of the Iraq Sanctions Act of 
1990 (as contained in Public Law 101-513),\3\ including denial 
of export licenses for United States persons and prohibitions 
on United States Government sales, shall be applied to the same 
extent and in the same manner with respect to Iran.
---------------------------------------------------------------------------
    \3\ For text, see sec. A.7 of this publication.
---------------------------------------------------------------------------

SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.

    (a) Prohibition.--If any person transfers or retransfers 
goods or technology so as to contribute knowingly and 
materially to the efforts by Iran or Iraq (or any agency or 
instrumentality of either such country) to acquire chemical, 
biological, or nuclear weapons or \4\ to acquire destabilizing 
numbers and types of advanced conventional weapons, then the 
sanctions described in subsection (b) shall be imposed.
---------------------------------------------------------------------------
    \4\ Sec. 1408(a) of Public Law 104-106 (110 Stat. 494) inserted 
``to acquire chemical, biological, or nuclear weapons or'' before ``to 
acquire''.
---------------------------------------------------------------------------
    (b) Mandatory Sanctions.--The sanctions to be imposed 
pursuant to subsection (a) are as follows:
          (1) Procurement sanction.--For a period of two years, 
        the United States Government shall not procure, or 
        enter into any contract for the procurement of, any 
        goods or services from the sanctioned person.
          (2) Export sanction.--For a period of two years, the 
        United States Government shall not issue any license 
        for any export by or to the sanctioned person.

SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.

    (a) Prohibition.--If the President determines that the 
government of any foreign country transfers or retransfers 
goods or technology so as to contribute knowingly and 
materially to the efforts by Iran or Iraq (or any agency or 
instrumentality of either such country) to acquire chemical, 
biological, or nuclear weapons or \5\ to acquire destabilizing 
numbers and types of advanced conventional weapons, then--
---------------------------------------------------------------------------
    \5\ Sec. 1408(b) of Public Law 104-106 (110 Stat. 494) inserted 
``to acquire chemical, biological, or nuclear weapons or'' before ``to 
acquire''.
---------------------------------------------------------------------------
          (1) the sanctions described in subsection (b) shall 
        be imposed on such country; and
          (2) in addition, the President may apply, in the 
        discretion of the President, the sanction described in 
        subsection (c).
    (b) Mandatory Sanctions.--Except as provided in paragraph 
(2), the sanctions to be imposed pursuant to subsection (a)(1) 
are as follows:
          (1) Suspension of united states assistance.--The 
        United States Government shall suspend, for a period of 
        one year, United States assistance to the sanctioned 
        country.
          (2) Multilateral development bank assistance.--The 
        Secretary of the Treasury shall instruct the United 
        States Executive Director to each appropriate 
        international financial institution to oppose, and vote 
        against, for a period of one year, the extension by 
        such institution of any loan or financial or technical 
        assistance to the sanctioned country.
          (3) Suspension of codevelopment or coproduction 
        agreements.--The United States shall suspend, for a 
        period of one year, compliance with its obligations 
        under any memorandum of understanding with the 
        sanctioned country for the codevelopment or 
        coproduction of any item on the United States Munitions 
        List (established under section 38 of the Arms Export 
        Control Act), including any obligation for 
        implementation of the memorandum of understanding 
        through the sale to the sanctioned country of technical 
        data or assistance or the licensing for export to the 
        sanctioned country of any component part.
          (4) Suspension of military and dual-use technical 
        exchange agreements.--The United States shall suspend, 
        for a period of one year, compliance with its 
        obligations under any technical exchange agreement 
        involving military and dual-use technology between the 
        United States and the sanctioned country that does not 
        directly contribute to the security of the United 
        States, and no military or dual-use technology may be 
        exported from the United States to the sanctioned 
        country pursuant to that agreement during that period.
          (5) United states munitions list.--No item on the 
        United States Munitions List (established pursuant to 
        section 38 of the Arms Export Control Act) may be 
        exported to the sanctioned country for a period of one 
        year.
    (c) Discretionary Sanction.--The sanction referred to in 
subsection (a)(2) is as follows:
          (1) Use of authorities of international emergency 
        economic powers act.--Except as provided in paragraph 
        (2), the President may exercise, in accordance with the 
        provisions of that Act, the authorities of the 
        International Emergency Economic Powers Act with 
        respect to the sanctioned country.
          (2) Exception.--Paragraph (1) does not apply with 
        respect to urgent humanitarian assistance.

SEC. 1606. WAIVER.

    The President may waive the requirement to impose a 
sanction described in section 1603, in the case of Iran, or a 
sanction described in section 1604(b) or 1605(b), in the case 
of Iraq and Iran, 15 days after the President determines and so 
reports to the Committees on Armed Services and Foreign 
Relations of the Senate and the Committees on Armed Services 
and Foreign Affairs of the House of Representatives \6\ that it 
is essential to the national interest of the United States to 
exercise such waiver authority. Any such report shall provide a 
specific and detailed rationale for such determination.
---------------------------------------------------------------------------
    \6\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------

SEC. 1607. REPORTING REQUIREMENT.

    (a) Annual Report.--Beginning one year after the date of 
the enactment of this Act, and every 12 months thereafter, the 
President shall submit to the Committees on Armed Services and 
Foreign Relations of the Senate and the Committees on Armed 
Services and Foreign Affairs of the House of Representatives 
\6\ a report detailing--
          (1) all transfers or retransfers made by any person 
        or foreign government during the preceding 12-month 
        period which are subject to any sanction under this 
        title; and
          (2) the actions the President intends to undertake or 
        has undertaken pursuant to this title with respect to 
        each such transfer.
    (b) Report on Individual Transfers.--Whenever the President 
determines that a person or foreign government has made a 
transfer which is subject to any sanction under this title, the 
President shall, within 30 days after such transfer, submit to 
the Committees on Armed Services and Foreign Relations of the 
Senate and the Committees on Armed Services and Foreign Affairs 
of the House of Representatives \6\ a report--
          (1) identifying the person or government and 
        providing the details of the transfer; and
          (2) describing the actions the President intends to 
        undertake or has undertaken under the provisions of 
        this title with respect to each such transfer.
    (c) Form of Transmittal.--Reports required by this section 
may be submitted in classified as well as in unclassified form.

SEC. 1608. DEFINITIONS.

    For purposes of this title:
          (1) The term ``advanced conventional weapons'' 
        includes--
                  (A) such long-range precision-guided 
                munitions, fuel air explosives, cruise 
                missiles, low observability aircraft, other 
                radar evading aircraft, advanced military 
                aircraft, military satellites, electromagnetic 
                weapons, and laser weapons as the President 
                determines destabilize the military balance or 
                enhance offensive capabilities in destabilizing 
                ways;
                  (B) such advanced command, control, and 
                communications systems, electronic warfare 
                systems, or intelligence collection systems as 
                the President determines destabilize the 
                military balance or enhance offensive 
                capabilities in destabilizing ways; and
                  (C) such other items or systems as the 
                President may, by regulation, determine 
                necessary for purposes of this title.
          (2) The term ``cruise missile'' means guided missiles 
        that use aerodynamic lift to offset gravity and 
        propulsion to counteract drag.
          (3) The term ``goods or technology'' means--
                  (A) any article, natural or manmade 
                substance, material, supply, or manufactured 
                product, including inspection and test 
                equipment; and
                  (B) any information and know-how (whether in 
                tangible form, such as models, prototypes, 
                drawings, sketches, diagrams, blueprints, or 
                manuals, or in intangible form, such as 
                training or technical services) that can be 
                used to design, produce, manufacture, utilize, 
                or reconstruct goods, including computer 
                software and technical data.
          (4) The term ``person'' means any United States or 
        foreign individual, partnership, corporation, or other 
        form of association, or any of their successor 
        entities, parents, or subsidiaries.
          (5) The term ``sanctioned country'' means a country 
        against which sanctions are required to be imposed 
        pursuant to section 1605.
          (6) The term ``sanctioned person'' means a person 
        that makes a transfer described in section 1604(a).
          (7) The term ``United States assistance'' means--
                  (A) \7\ any assistance under the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2151 et 
                seq.), other than urgent humanitarian 
                assistance or medicine;
---------------------------------------------------------------------------
    \7\ Sec. 1408(c) of Public Law 104-106 (110 Stat. 494) amended and 
restated subpara. (A), which formerly read as follows:
    ``(A) any assistance under the Foreign Assistance Act of 1961, 
other than--
---------------------------------------------------------------------------

          ``(i) urgent humanitarian assistance or medicine, and
          ``(ii) assistance under chapter 11 of part I (as enacted by 
        the Freedom for Russia and Emerging Eurasian Democracies and 
        Open Markets Support Act of 1992);''.
                  (B) sales and assistance under the Arms 
                Export Control Act;
                  (C) financing by the Commodity Credit 
                Corporation for export sales of agricultural 
                commodities; and
                  (D) financing under the Export-Import Bank 
                Act.

   5. International Security and Development Cooperation Act of 1985

   Partial text of Public Law 99-83 [S. 960], 99 Stat. 190, approved 
                       August 8, 1985 as amended

 AN ACT To authorize international development and security assistance 
 programs and Peace Corps programs for fiscal years 1986 and 1987, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the 
``International Security and Development Cooperation Act of 
1985''.

           *       *       *       *       *       *       *


   TITLE V--INTERNATIONAL TERRORISM AND FOREIGN AIRPORT SECURITY \1\

               Part A--International Terrorism Generally

SEC. 501. * * *

SEC. 502. COORDINATION OF ALL UNITED STATES TERRORISM-RELATED 
                    ASSISTANCE TO FOREIGN COUNTRIES.

    (a) Coordination.--The Secretary of State shall be 
responsible for coordinating all assistance related to 
international terrorism which is provided by the United States 
Government.
---------------------------------------------------------------------------
    \1\ See Section F for the text of legislation on foreign airport 
security.
---------------------------------------------------------------------------
    (b) Reports.--Not later than February 1 each year, the 
Secretary of State, in consultation with appropriate United 
States Government agencies, shall report to the appropriate 
committees of the Congress on the assistance related to 
international terrorism which was provided by the United States 
Government during the preceding fiscal year. Such reports may 
be provided on a classified basis to the extent necessary, and 
shall specify the amount and nature of the assistance provided.
    (c) Rule of Construction.--Nothing contained in this 
section shall be construed to limit or impair the authority or 
responsibility of any other Federal agency with respect to law 
enforcement, domestic security operations, or intelligence 
activities as defined in Executive Order 12333.\2\
---------------------------------------------------------------------------
    \2\ For text, see U.S. Congress. House. Committee on International 
Relations. Legislation on Foreign Relations Through 1996, (Washington, 
G.P.O., 1997), vol. II, sec. D.
---------------------------------------------------------------------------

SEC. 503.\3\ PROHIBITION ON ASSISTANCE TO COUNTRIES SUPPORTING 
                    INTERNATIONAL TERRORISM. * * *
---------------------------------------------------------------------------

    \3\ Sec. 503(a) amended sec. 620A of the FAA of 1961. Sec. 503(b) 
amended sec. 3(f) of the AECA.
---------------------------------------------------------------------------

SEC. 504. PROHIBITION ON IMPORTS FROM AND EXPORTS TO LIBYA.

    (a) Prohibition on Imports.--Notwithstanding any other 
provision of law, the President may prohibit any article grown, 
produced, extracted, or manufactured in Libya from being 
imported into the United States.
    (b) Prohibition on Exports.--Notwithstanding any other 
provision of law, the President may prohibit any goods or 
technology, including technical data or other information, 
subject to the jurisdiction of the United States or exported by 
any person subject to the jurisdiction of the United States, 
from being exported to Libya.
    (c) Definition.--For purposes of this section, the term 
``United States'', when used in a geographical sense, includes 
territories and possessions of the United States.

SEC. 505.\4\ BAN ON IMPORTING GOODS AND SERVICES FROM COUNTRIES 
                    SUPPORTING TERRORISM.

    (a) Authority.--The President may ban the importation into 
the United States of any good or service from any country which 
supports terrorism or terrorist organizations or harbors 
terrorist or terrorist organizations.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2349aa-9.
---------------------------------------------------------------------------
    (b) Consultation.--The President, in every possible 
instance, shall consult with the Congress before exercising the 
authority granted by this section and shall consult regularly 
with the Congress so long as that authority is being exercised.
    (c) Reports.--Whenever the President exercises the 
authority granted by this section, he shall immediately 
transmit to the Congress a report specifying--
          (1) The country with respect to which the authority 
        is to be exercised and the imports to be prohibited;
          (2) the circumstances which necessitate the exercise 
        of such authority;
          (3) why the President believes those circumstances 
        justify the exercise of such authority; and
          (4) why the President believes the prohibitions are 
        necessary to deal with those circumstances.
At least once during each succeeding 6-month period after 
transmitting a report pursuant to this subsection, the 
President shall report to the Congress with respect to the 
actions taken, since the last such report, pursuant to this 
section and with respect to any changes which have occurred 
concerning any information previously furnished pursuant to 
this subsection.
    (d) Definition.--For purposes of this section, the term 
``United States'' includes territories and possessions of the 
United States.

SEC. 506. INTERNATIONAL ANTI-TERRORISM COMMITTEE.

    The Congress calls upon the President to seek the 
establishment of an international committee, to be known as the 
International Anti-Terrorism Committee, consisting of 
representatives of the member countries of the North Atlantic 
Treaty Organization, Japan, and such other countries as may be 
invited and may choose to participate. The purpose of the 
Committee should be to focus the attention and secure the 
cooperation of the governments and the public of the 
participating countries and of other countries on the problems 
and responses to international terrorism, by serving as a forum 
at both the political and law enforcement levels.

SEC. 507. INTERNATIONAL TERRORISM CONTROL TREATY.

    It is the sense of the Congress that the President should 
establish a process by which democratic and open societies of 
the world, which are those most plagued by terrorism, negotiate 
a viable treaty to effectively prevent and respond to terrorist 
attacks. Such a treaty should incorporate an operative 
definition of terrorism, and should establish effective close 
intelligence-sharing, joint counterterrorist training, and 
uniform laws on asylum, extradition, and swift punishment for 
perpetrators of terrorism. Parties to such a treaty should 
include, but not be limited to, those democratic nations who 
are most victimized by terrorism.

SEC. 508. STATE TERRORISM.

    It is sense of the Congress that all civilized nations 
should firmly condemn the increasing use of terrorism by 
certain states as an official instrument for promoting their 
policy goals, as evidenced by such examples as the brutal 
assassination of Major Arthur D. Nicholson, Junior, by a member 
of the Soviet armed forces.

                    Part B--Foreign Airport Security

SEC. 551. SECURITY STANDARDS FOR FOREIGN AIR TRANSPORTATION.

    (a) \5\ Security at Foreign Airports.--* * * [Repealed--
1994]
---------------------------------------------------------------------------
    \5\ Sec. 7(b) of Public Law 103-272 (108 Stat. 1379) repealed sec. 
551(a) and (b), which enacted an amendment to sec. 1115 of the Federal 
Aviation Act of 1958, and related amendments, concerning security 
standards in foreign air transportation, codified at 49 U.S.C. App. 
1515.
---------------------------------------------------------------------------
    (b) Conforming Amendments.--* * * [Repealed--1994]
    (c) Closing of Beirut International Airport.--It is the 
sense of the Congress that the President is urged and 
encouraged to take all appropriate steps to carry forward his 
announced policy of seeking the effective closing of the 
international airport in Beirut, Lebanon, at least until such 
time as the Government of Lebanon has instituted measures and 
procedures designed to prevent the use of that airport by 
aircraft hijackers and other terrorists in attacking civilian 
airlines or their passengers, hijacking their aircraft, or 
taking or holding their passengers hostage.

SEC. 552.\6\ * * * [Repealed--1994]

SEC. 553.\7\ * * * [Repealed--1994]

SEC. 554. ENFORCEMENT OF INTERNATIONAL CIVIL AVIATION ORGANIZATION 
                    STANDARDS.

    The Secretary of State and the Secretary of Transportation, 
jointly, shall call on the member countries of the 
International Civil Aviation Organization to enforce that 
Organization's existing standards and to support United States 
actions enforcing such standards.
---------------------------------------------------------------------------
    \6\ Formerly at 49 U.S.C. app. 1515a. Sec. 552, relating to travel 
advisories and suspension of foreign assistance, was repealed by sec. 
7(b) of Public Law 103-272 (108 Stat. 1379).
    \7\ Formerly at 49 U.S.C. app. 1356b. Sec. 553, relating to the 
United States airmarshal program, was repealed by sec. 7(b) of Public 
Law 103-272 (108 Stat. 1379).
---------------------------------------------------------------------------

SEC. 555. INTERNATIONAL CIVIL AVIATION BOYCOTT OF COUNTRIES SUPPORTING 
                    INTERNATIONAL TERRORISM.

    It is the sense of the Congress that the President--
          (1) should call for an international civil aviation 
        boycott with respect to those countries which the 
        President determines--
                  (A) grant sanctuary from prosecution to any 
                individual or group which has committed an act 
                of international terrorism, or
                  (B) otherwise support international 
                terrorism; and
          (2) should take steps, both bilateral and 
        multilateral, to achieve a total international civil 
        aviation boycott with respect to those countries.

SEC. 556.\8\ * * * [Repealed--1994]
---------------------------------------------------------------------------

    \8\ Formerly 49 U.S.C. app. 1515 note. Sec. 556, relating to 
multilateral and bilateral agreements with respect to aircraft 
sabotage, aircraft hijacking, and airport security, was repealed by 
sec. 7(b) of Public Law 103-272 (108 Stat. 1379).
---------------------------------------------------------------------------

SEC. 557. RESEARCH ON AIRPORT SECURITY TECHNIQUES FOR DETECTING 
                    EXPLOSIVES.

    In order to improve security at international airports, 
there are authorized to be appropriated to the Secretary of 
Transportation from the Airport and Airway Trust Fund (in 
addition to amounts otherwise available for such purpose) 
$5,000,000, without fiscal year limitation, to be used for 
research on and the development of airport security devices or 
techniques for detecting explosives.

SEC. 558. HIJACKING OF TWA FLIGHT 847 AND OTHER ACTS OF TERRORISM.

    The Congress joins with all Americans in celebrating the 
release of the hostages taken from Trans World Airlines flight 
847. It is the sense of the Congress that--
          (1) purser Uli Derickson, pilot John Testrake, co-
        pilot Philip Maresca, flight engineer Benjamin 
        Zimmermann, and the rest of the crew of Trans World 
        Airlines flight 847 displayed extraordinary valor and 
        heroism during the hostages' ordeal and therefore 
        should be commended;
          (2) the hijackers who murdered United States Navy 
        Petty Officer Stethem should be immediately brought to 
        justice;
          (3) all diplomatic means should continue to be 
        employed to obtain the release of the 7 United States 
        citizens previously kidnapped and still held in 
        Lebanon;
          (4) acts of international terrorism should be 
        universally condemned; and
          (5) the Secretary of State should be supported in his 
        efforts to gain international cooperation to prevent 
        future acts of terrorism.

SEC. 559. * * *

                  TITLE XIII--MISCELLANEOUS PROVISIONS

SEC. 1301. * * *

SEC. 1302.\9\ CODIFICATION OF POLICY PROHIBITING NEGOTIATIONS WITH THE 
                    PALESTINE LIBERATION ORGANIZATION

    (a) United States Policy.--The United States in 1975 
declared in a memorandum of agreement with Israel, and has 
reaffirmed since, that ``The United States will continue to 
adhere to its present policy with respect to the Palestine 
Liberation Organization, whereby it will not recognize or 
negotiate with the Palestine Liberation Organization so long as 
the Palestine Liberation Organization does not recognize 
Israel's right to exist and does not accept Security Council 
Resolutions 242 and 338.''.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 2151 note. Sec. 531 of the Foreign Assistance 
Appropriations Act, 1986 (Sec. 101(i) of Public Law 99-190; 99 Stat. 
1307), provided the following:
    ``In reaffirmation of the 1975 memorandum of agreement between the 
United States and Israel, and in accordance with section 1302 of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83), no employee of or individual acting on behalf of the United 
States Government shall recognize or negotiate with the Palestine 
Liberation Organization or representatives thereof, so long as the 
Palestine Liberation Organization does not recognize Israel's right to 
exist, does not accept Security Council Resolutions 242 and 338, and 
does not renounce the use of terrorism.''. Sec. 530 of the Foreign 
Assistance and Related Programs Appropriations Act, 1987 (sec. 101(f) 
of Public Law 99-591; 100 Stat. 3341-231) contained identical language.
    Sec. 527 of the Foreign Assistance and Related Agencies 
Appropriations Act 1987 (see. 101(f) of Public Law 99-591; 100 Stat. 
3341-230) provided:
    ``Notwithstanding any other provision of law or this Act, none of 
the funds provided for ``International organizations and programs'' 
shall be available for the United States proportionate share for any 
programs for the Palestine Liberation Organization, the Southwest 
African Peoples Organization, Libya, Iran, or, at the discretion of the 
President, Communist countries listed in section 620(f) of the Foreign 
Assistance Act of 1961, as amended.''.
---------------------------------------------------------------------------
    (b) Reaffirmation and Codification of Policy.--The United 
States hereby reaffirms that policy. In accordance with that 
policy, no officer or employee of the United States Government 
and no agent or other individual acting on behalf of the United 
States Government shall negotiate with the Palestine Liberation 
Organization or any representatives thereof (except in 
emergency or humanitarian situations) unless and until the 
Palestine Liberation Organization recognizes Israel's right to 
exist, accepts United Nations Security Council Resolutions 242 
and 338 and renounces the use of terrorism, except that no 
funds authorized to be appropriated by this or any other Act 
may be obligated or made available for the conduct of the 
current dialogue on the Middle East process with any 
representative of the Palestine Liberation Organization if the 
President knows and advises the Congress that the 
representative directly participated in the planning or 
execution of a particular terrorist activity which resulted in 
the death or kidnapping of a United States citizen.
          * * * * * * *

   6. International Security and Development Cooperation Act of 1981

 Partial text of Public Law 97-113 [S. 1196], 95 Stat. 1519, approved 
                     December 29, 1981, as amended

 AN ACT To authorize appropriations for the fiscal years 1982 and 1983 
for international security and development assistance and for the Peace 
 Corps, to establish the Peace Corps as an autonomous agency, and for 
                            other purposes.

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

                              short title

    Section 1. This Act may be cited as the ``International 
Security and Development Cooperation Act of 1981''.




           *       *       *       *       *       *       *
                  TITLE VII--MISCELLANEOUS PROVISIONS




           *       *       *       *       *       *       *
   condemnation of libya for its support of international terrorist 
                               movements

    Sec. 718. (a) The Congress condemns the Libyan Government 
for its support of international terrorist movements, its 
efforts to obstruct positive movement toward the peaceful 
resolution of problems in the Middle East region, and its 
actions to destabilize and control governments of neighboring 
states in Africa.
    (b) The Congress believes that the President should conduct 
an immediate review of concrete steps the United States could 
take, individually and in concert with its allies, to bring 
economic and political pressure on Libya to cease such 
activities, and should submit a report on that review to the 
Congress within one hundred and eighty days after the date of 
enactment of this Act. Such a review should include the 
possibility of tariffs on or prohibitions against the import of 
crude oil from Libya.

united states citizens acting in the service of international terrorism

    Sec. 719. (a) It is the sense of the Congress that the 
spread of international terrorism poses a grave and growing 
danger for world peace and for the national security of the 
United States. As a part of its vigorous opposition to the 
activities of international terrorist leaders and the increase 
of international terrorism, the United States should take all 
steps necessary to ensure that no United States citizen is 
acting in the service of terrorism or of the proponents of 
terrorism.
    (b) * * *

           *       *       *       *       *       *       *


                     7. Iraq Sanctions Act of 1990

    Partial text of Public Law 101-513 [Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 1991; H.R. 5114], 
           104 Stat. 1979 at 2047, approved November 5, 1990

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1991, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for foreign operations, 
export financing, and related programs for the fiscal year 
ending September 30, 1991, and for other purposes, namely:

           *       *       *       *       *       *       *


TITLE V--GENERAL PROVISIONS

           *       *       *       *       *       *       *


                       iraq sanctions act of 1990

SEC. 586. SHORT TITLE.

  Sections 586 through 586J of this Act may be cited as the 
``Iraq Sanctions Act of 1990''.

           *       *       *       *       *       *       *


SEC. 586F. DECLARATIONS REGARDING IRAQ'S LONG-STANDING VIOLATIONS OF 
                    INTERNATIONAL LAW.

  (a) Iraq's Violations of International Law.--The Congress 
determines that--
          (1) the Government of Iraq has demonstrated repeated 
        and blatant disregard for its obligations under 
        international law by violating the Charter of the 
        United Nations, the Protocol for the Prohibition of the 
        Use in War of Asphyxiating, Poisonous or Other Gases, 
        and of Bacteriological Methods of Warfare (done at 
        Geneva, June 17, 1925), as well as other international 
        treaties;
          (2) the Government of Iraq is a party to the 
        International Covenant on Civil and Political Rights 
        and the International Covenant on Economic, Social, and 
        Cultural Rights and is obligated under the Covenants, 
        as well as the Universal Declaration of Human Rights, 
        to respect internationally recognized human rights;
          (3) the State Department's Country Reports on Human 
        Rights Practices for 1989 again characterizes Iraq's 
        human rights record as ``abysmal'';
          (4) Amnesty International, Middle East Watch, and 
        other independent human rights organizations have 
        documented extensive, systematic, and continuing human 
        rights abuses by the Government of Iraq, including 
        summary executions, mass political killings, 
        disappearances, widespread use of torture, arbitrary 
        arrests and prolonged detention without trial of 
        thousands of political opponents, forced relocation and 
        deportation, denial of nearly all civil and political 
        rights such as freedom of association, assembly, 
        speech, and the press, and the imprisonment, torture, 
        and execution of children;
          (5) since 1987, the Government of Iraq has 
        intensified its severe repression of the Kurdish 
        minority of Iraq, deliberately destroyed more than 
        3,000 villages and towns in the Kurdish regions, and 
        forcibly expelled more than 500,000 people, thus 
        effectively depopulating the rural areas of Iraqi 
        Kurdistan;
          (6) Iraq has blatantly violated international law by 
        initiating use of chemical weapons in the Iran-Iraq 
        war;
          (7) Iraq has also violated international law by using 
        chemical weapons against its own Kurdish citizens, 
        resulting in tens of thousands of deaths and more than 
        65,000 refugees;
          (8) Iraq continues to expand its chemical weapons 
        capability, and President Saddam Hussein has threatened 
        to use chemical weapons against other nations;
          (9) persuasive evidence exists that Iraq is 
        developing biological weapons in violation of 
        international law;
          (10) there are strong indications that Iraq has taken 
        steps to produce nuclear weapons and has attempted to 
        smuggle from the United States, in violation of United 
        States law, components for triggering devices used in 
        nuclear warheads whose manufacture would contravene the 
        Treaty on the Non-Proliferation of Nuclear Weapons, to 
        which Iraq is a party; and
          (11) Iraqi President Saddam Hussein has threatened to 
        use terrorism against other nations in violation of 
        international law and has increased Iraq's support for 
        the Palestine Liberation Organization and other 
        Palestinian groups that have conducted terrorist acts.
  (b) Human Rights Violations.-- * * *
  (c) Support for International Terrorism.--(1) The Congress 
determines that Iraq is a country which has repeatedly provided 
support for acts of international terrorism, a country which 
grants sanctuary from prosecution to individuals or groups 
which have committed an act of international terrorism, and a 
country which otherwise supports international terrorism. The 
provisions of law specified in paragraph (2) and all other 
provisions of law that impose sanctions against a country which 
has repeatedly provided support for acts of international 
terrorism, which grants sanctuary from prosecution to an 
individual or group which has committed an act of international 
terrorism, or which otherwise supports international terrorism 
shall be fully enforced against Iraq.
  (2) The provisions of law referred to in paragraph (1) are--
          (A) section 40 of the Arms Export Control Act;
          (B) section 620A of the Foreign Assistance Act of 
        1961;
          (C) sections 555 and 556 of this Act (and the 
        corresponding sections of predecessor foreign 
        operations appropriations Acts); and
          (D) section 555 of the International Security and 
        Development Cooperation Act of 1985.
  (d) Multilateral Cooperation.--The Congress calls on the 
President to seek multilateral cooperation--
          (1) to deny dangerous technologies to Iraq;
          (2) to induce Iraq to respect internationally 
        recognized human rights; and
          (3) to induce Iraq to allow appropriate international 
        humanitarian and human rights organizations to have 
        access to Iraq and Kuwait, including the areas in 
        northern Iraq traditionally inhabited by Kurds.

SEC. 586G. SANCTIONS AGAINST IRAQ.

  (a) Imposition.--Except as provided in section 586H, the 
following sanctions shall apply with respect to Iraq:
          (1) FMS sales.--The United States Government shall 
        not enter into any sale with Iraq under the Arms Export 
        Control Act.
          (2) Commercial arms sales.--Licenses shall not be 
        issued for the export to Iraq of any item on the United 
        States Munitions List.
          (3) Exports of certain goods and technology.--The 
        authorities of section 6 of the Export Administration 
        Act of 1979 (50 U.S.C. App. 2405) shall be used to 
        prohibit the export to Iraq of any goods or technology 
        listed pursuant to that section or section 5(c)(1) of 
        that Act (50 U.S.C. App. 2404(c)(1)) on the control 
        list provided for in section 4(b) of that Act (50 
        U.S.C. App. 2403(b)).
          (4) Nuclear equipment, materials, and technology.--
                  (A) NRC licenses.--The Nuclear Regulatory 
                Commission shall not issue any license or other 
                authorization under the Atomic Energy Act of 
                1954 (42 U.S.C. 2011 and following) for the 
                export to Iraq of any source or special nuclear 
                material, any production or utilization 
                facility, any sensitive nuclear technology, any 
                component, item, or substance determined to 
                have significance for nuclear explosive 
                purposes pursuant to section 109b. of the 
                Atomic Energy Act of 1954 (42 U.S.C. 2139(b)), 
                or any other material or technology requiring 
                such a license or authorization.
                  (B) Distribution of nuclear materials.--The 
                authority of the Atomic Energy Act of 1954 
                shall not be used to distribute any special 
                nuclear material, source material, or byproduct 
                material to Iraq.
                  (C) DOE authorizations.--The Secretary of 
                Energy shall not provide a specific 
                authorization under section 57b. (2) of the 
                Atomic Energy Act of 1954 (42 U.S.C. 
                2077(b)(2)) for any activity that would 
                constitute directly or indirectly engaging in 
                Iraq in activities that require a specific 
                authorization under that section.
          (5) Assistance from international financial 
        institutions.--The United States shall oppose any loan 
        or financial or technical assistance to Iraq by 
        international financial institutions in accordance with 
        section 701 of the International Financial Institutions 
        Act (22 U.S.C. 262d).
          (6) Assistance through the export-import bank.--
        Credits and credit guarantees through the Export-Import 
        Bank of the United States shall be denied to Iraq.
          (7) Assistance through the commodity credit 
        corporation.--Credit, credit guarantees, and other 
        assistance through the Commodity Credit Corporation 
        shall be denied to Iraq.
          (8) Foreign assistance.--All forms of assistance 
        under the Foreign Assistance Act of 1961 (22 U.S.C. 
        2151 and following) other than emergency assistance for 
        medical supplies and other forms of emergency 
        humanitarian assistance, and under the Arms Export 
        Control Act (22 U.S.C. 2751 and following) shall be 
        denied to Iraq.
  (b) Contract Sanctity.--For purposes of the export controls 
imposed pursuant to subsection (a)(3), the date described in 
subsection (m)(1) of section 6 of the Export Administration Act 
of 1979 (50 U.S.C. App. 2405) shall be deemed to be August 1, 
1990.

SEC. 586H. WAIVER AUTHORITY.

  (a) In General.--The President may waive the requirements of 
any paragraph of section 586G(a) if the President makes a 
certification under subsection (b) or subsection (c).
  (b) Certification of Fundamental Changes in Iraqi Policies 
and Actions.--The authority of subsection (a) may be exercised 
60 days after the President certifies to the Congress that--
          (1) the Government of Iraq--
                  (A) * * *
                  (B) * * *
                  (C) does not provide support for 
                international terrorism;

           *       *       *       *       *       *       *

  (c) Certification of Fundamental Changes in Iraqi Leadership 
and Policies.--The authority of subsection (a) may be exercised 
30 days after the President certifies to the Congress that--
          (1) there has been a fundamental change in the 
        leadership of the Government of Iraq; and
          (2) the new Government of Iraq has provided reliable 
        and credible assurance that--
                  (A) * * *
                  (B) * * *
                  (C) it is not and will not provide support 
                for international terrorism; and
                  (D) * * *
  (d) Information To Be Included in Certifications.--Any 
certification under subsection (b) or (c) shall include the 
justification for each determination required by that 
subsection. The certification shall also specify which 
paragraphs of section 586G(a) the President will waive pursuant 
to that certification.

           *       *       *       *       *       *       *


             8. International Narcotics Control Act of 1990

    Partial text of Public Law 101-623 [H.R. 5567], 104 Stat. 3350, 
                       approved November 21, 1990

  AN ACT To authorize international narcotics control activities for 
               fiscal year 1991, 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 AND TABLE OF CONTENTS.

  (a) \1\ Short Title.--This Act may be cited as the 
``International Narcotics Control Act of 1990''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 2. ECONOMIC ASSISTANCE AND ADMINISTRATION OF JUSTICE PROGRAMS FOR 
                    ANDEAN COUNTRIES.

  (a) * * *
  (b) Administration of Justice Programs.--
          (1) Additional assistance for bolivia, colombia, and 
        peru.-- * * *
          (2) Protection against narco-terrorist attacks.--
        Funds used in accordance with paragraph (1) may be used 
        to provide to Bolivia, Colombia, and Peru, 
        notwithstanding section 660 of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2420; relating to the 
        prohibition on assistance to law enforcement agencies), 
        such assistance as the government of that country may 
        request to provide protection against narco-terrorist 
        attacks on judges, other government officials, and 
        members of the press.

           *       *       *       *       *       *       *


     9. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 1999

  Partial text of section 101(d) of Division A of Public Law 105-277 
         [H.R. 4328], 112 Stat. 2681, approved October 21, 1998

    (d) For programs, projects or activities in the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1999, provided as follows, to be effective 
as if it had been enacted into law as the regular 
appropriations Act:

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1999, and 
for other purposes.

           *       *       *       *       *       *       *


                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

    For expenses necessary to enable the President to carry out 
the provisions of the Foreign Assistance Act of 1961, and for 
other purposes, to remain available until September 30, 1999, 
unless otherwise specified herein, as follows:

           *       *       *       *       *       *       *


Department of State

           *       *       *       *       *       *       *


    nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-terrorism 
and related programs and activities, $198,000,000, to carry out 
the provisions of chapter 8 of part II of the Foreign 
Assistance Act of 1961 for anti-terrorism assistance, section 
504 of the FREEDOM Support Act for the Nonproliferation and 
Disarmament Fund, section 23 of the Arms Export Control Act or 
the Foreign Assistance Act of 1961 for demining activities, the 
clearance of unexploded ordnance, and related activities, 
notwithstanding any other provision of law, including 
activities implemented through nongovernmental and 
international organizations, section 301 of the Foreign 
Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA) and a voluntary 
contribution to the Korean Peninsula Energy Development 
Organization (KEDO), and for a United States contribution to 
the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission: Provided, That the Secretary of State shall inform 
the Committees on Appropriations at least twenty days prior to 
the obligation of funds for the Comprehensive Nuclear Test Ban 
Treaty Preparatory Commission: Provided further, That of this 
amount not to exceed $15,000,000, to remain available until 
expended, may be made available for the Nonproliferation and 
Disarmament Fund, notwithstanding any other provision of law, 
to promote bilateral and multilateral activities relating to 
nonproliferation and disarmament: Provided further, That such 
funds may also be used for such countries other than the New 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of 
the United States to do so: Provided further, That such funds 
shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That of the 
funds appropriated under this heading not less than $35,000,000 
should be made available for demining, clearance of unexploded 
ordnance, and related activities: Provided further, That of the 
funds made available for demining and related activities, not 
to exceed $500,000, in addition to funds otherwise available 
for such purposes, may be used for expenses related to the 
operation and management of the demining program: Provided 
further, That funds appropriated under this heading may be made 
available for the International Atomic Energy Agency only if 
the Secretary of State determines (and so reports to the 
Congress) that Israel is not being denied its right to 
participate in the activities of that Agency.

           *       *       *       *       *       *       *


TITLE V--GENERAL PROVISIONS

           *       *       *       *       *       *       *


       prohibition on bilateral assistance to terrorist countries

    Sec. 528.\1\ (a) Notwithstanding any other provision of 
law, funds appropriated for bilateral assistance under any 
heading of this Act and funds appropriated under any such 
heading in a provision of law enacted prior to enactment of 
this Act, shall not be made available to any country which the 
President determines--
---------------------------------------------------------------------------
    \1\ Sec. 576 of the Foreign Assistance Appropriations Act, 1988, 
first enacted a ``Prohibition on Bilateral Assistance to Terrorist 
Countries''. Sec. 564 of the Foreign Assistance Appropriations Act, 
1990, substantially reworded this prohibition, providing the criteria 
for restriction, and the requirement for Presidential determination and 
waiver.
    See also sec. 620A of the Foreign Assistance Act of 1961, sec. 40 
of the Arms Export Control Act (this volume), and sec. 6(j) of the 
Export Administration Act (Sec. E, this volume).
---------------------------------------------------------------------------
          (1) grants sanctuary from prosecution to any 
        individual or group which has committed an act of 
        international terrorism, or
          (2) otherwise supports international terrorism.
    (b) The President may waive the application of subsection 
(a) to a country if the President determines that national 
security or humanitarian reasons justify such waiver. The 
President shall publish each waiver in the Federal Register 
and, at least fifteen days before the waiver takes effect, 
shall notify the Committees on Appropriations of the waiver 
(including the justification for the waiver) in accordance with 
the regular notification procedures of the Committees on 
Appropriations.

           *       *       *       *       *       *       *


                          special authorities

    Sec. 540. (a) * * *

           *       *       *       *       *       *       *

    (d) \2\ (1) Waiver.--The President may waive the provisions 
of section 1003 of Public Law 100-204 if the President 
determines and certifies in writing to the Speaker of the House 
of Representatives and the President pro tempore of the Senate 
that it is important to the national security interests of the 
United States.
---------------------------------------------------------------------------
    \2\ In a memorandum of November 25, 1998, for the Secretary of 
State, the President ``determine[d] and certif[ied] that it is 
important to the national security interests of the United States to 
waive the provisions of section 1003 of the Anti-Terrorism Act of 1987, 
Public Law 100-204, through May 24, 1999.'' (Presidential Determination 
No. 99-5; 63 F.R. 68145).
    Sec. 3 of the Middle East Peace Facilitation Act of 1993, as 
amended (Public Law 103-125; 107 Stat. 1309), authorized the President 
to suspend certain provisions of law as they applied to the P.L.O. or 
entities associated with it if certain conditions were met and the 
President so certified and consulted with relevant congressional 
committees. This authority was continued in the Middle East Peace 
Facilitation Act of 1994 (part E of Public Law 103-236) and the Middle 
East Peace Facilitation Act of 1995 (title VI of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1996; Public Law 104-107).
    New authority to waive certain provisions was continued in general 
provisions of this Act; see also secs. 552, 556, 566, and 584.
    The President issued such a certification in Presidential 
Determination No. 94-13 of January 14, 1994 (59 F.R. 4777), which was 
extended until January 1, 1995, by Presidential Determination No. 94-30 
of June 30, 1994 (59 F.R. 35607); until July 1, 1995, by Presidential 
Determination No. 95-12 of December 31, 1994 (60 F.R. 2673); until 
August 15, 1995, by Presidential Determination No. 95-31 of July 2, 
1995 (60 F.R. 35827); until October 1, 1995, by Presidential 
Determination No. 95-36 of August 14, 1995 (60 F.R. 44725); until 
November 1, 1995, by Presidential Determination No. 95-50 of September 
30, 1995 (60 F.R. 53093); until December 31, 1995, by Presidential 
Determination No. 96-5 of November 13, 1995 (60 F.R. 57821); until 
March 31, 1996, by Presidential Determination No. 96-8 of January 4, 
1996 (61 F.R. 2889); until June 15, 1996, by Presidential Determination 
No. 96-20 of April 1, 1996 (61 F.R. 26019); until August 12, 1996, by 
Presidential Determination No. 96-32 of June 14, 1996 (61 F.R. 32629); 
until February 12, 1997, by Presidential Determination No. 96-41 of 
August 12, 1996 (61 F.R. 43137); until August 12, 1997, by Presidential 
Determination No. 97-17 of February 21, 1997 (62 F.R. 9903); through 
June 4, 1998, by Presidential Determination No. 98-8 of December 5, 
1997 (62 F.R. 66255); through November 26, 1998, by Presidential 
Determination No. 98-29 of June 3, 1998 (63 F.R. 32711); and through 
May 24, 1999, by Presidential Determination No. 99-5 of November 25, 
1998 (63 F.R. 68145).
---------------------------------------------------------------------------
    (2) Period of Application of Waiver.--Any waiver pursuant 
to paragraph (1) shall be effective for no more than a period 
of six months at a time and shall not apply beyond twelve 
months after enactment of this Act.

           *       *       *       *       *       *       *


                       eligibility for assistance

    Sec. 543.\3\ (a) Assistance Through Nongovernmental 
Organizations.--Restrictions contained in this or any other Act 
with respect to assistance for a country shall not be construed 
to restrict assistance in support of programs of 
nongovernmental organizations from funds appropriated by this 
Act to carry out the provisions of chapters 1, 10, and 11 of 
part I and chapter 4 of part II of the Foreign Assistance Act 
of 1961, and from funds appropriated under the heading 
``Assistance for Eastern Europe and the Baltic States'': 
Provided, That the President shall take into consideration, in 
any case in which a restriction on assistance would be 
applicable but for this subsection, whether assistance in 
support of programs of nongovernmental organizations is in the 
national interest of the United States: Provided further, That 
before using the authority of this subsection to furnish 
assistance in support of programs of nongovernmental 
organizations, the President shall notify the Committees on 
Appropriations under the regular notification procedures of 
those committees, including a description of the program to be 
assisted, the assistance to be provided, and the reasons for 
furnishing such assistance: Provided further, That nothing in 
this subsection shall be construed to alter any existing 
statutory prohibitions against abortion or involuntary 
sterilizations contained in this or any other Act.
---------------------------------------------------------------------------
    \3\ Similar language was first enacted in sec. 562 of the Foreign 
Assistance Appropriations Act, 1993.
---------------------------------------------------------------------------
    (b) Public Law 480.--During fiscal year 1999, restrictions 
contained in this or any other Act with respect to assistance 
for a country shall not be construed to restrict assistance 
under the Agricultural Trade Development and Assistance Act of 
1954: Provided, That none of the funds appropriated to carry 
out title I of such Act and made available pursuant to this 
subsection may be obligated or expended except as provided 
through the regular notification procedures of the Committees 
on Appropriations.
    (c) Exception.--This section shall not apply--
          (1) with respect to section 620A of the Foreign 
        Assistance Act or any comparable provision of law 
        prohibiting assistance to countries that support 
        international terrorism; or
          (2) with respect to section 116 of the Foreign 
        Assistance Act of 1961 or any comparable provision of 
        law prohibiting assistance to countries that violate 
        internationally recognized human rights.

           *       *       *       *       *       *       *


  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

    Sec. 551.\4\ (a) None of the funds appropriated or 
otherwise made available by this Act may be available to any 
foreign government which provides lethal military equipment to 
a country the government of which the Secretary of State has 
determined is a terrorist government for purposes of section 
40(d) of the Arms Export Control Act or any other comparable 
provision of law. The prohibition under this section with 
respect to a foreign government shall terminate 12 months after 
that government ceases to provide such military equipment. This 
section applies with respect to lethal military equipment 
provided under a contract entered into after October 1, 1997.
---------------------------------------------------------------------------
    \4\ Similar language was first enacted as sec. 573 of the Foreign 
Assistance Appropriations Act, 1994. See also sec. 620A of the Foreign 
Assistance Act of 1961.
---------------------------------------------------------------------------
    (b) Assistance restricted by subsection (a) or any other 
similar provision of law, may be furnished if the President 
determines that furnishing such assistance is important to the 
national interests of the United States.
    (c) Whenever the waiver of subsection (b) is exercised, the 
President shall submit to the appropriate congressional 
committees a report with respect to the furnishing of such 
assistance. Any such report shall include a detailed 
explanation of the assistance estimated to be provided, 
including the estimated dollar amount of such assistance, and 
an explanation of how the assistance furthers United States 
national interests.

           *       *       *       *       *       *       *


                  special debt relief for the poorest

    Sec. 559. (a) \5\ Authority To Reduce Debt.--The President 
may reduce amounts owed to the United States (or any agency of 
the United States) by an eligible country as a result of--
---------------------------------------------------------------------------
    \5\ In a memorandum of July 8, 1996, the President delegated to the 
Secretary of the Treasury, in consultation with the Secretaries of 
State and Defense, the functions, authorities, and duties conferred on 
the President by sec. 570(a) of this Act, sec. 561(a) of Public Law 
103-306, and any similar subsequent provision of law (61 F.R. 38563).
---------------------------------------------------------------------------
          (1) guarantees issued under sections 221 and 222 of 
        the Foreign Assistance Act of 1961;
          (2) credits extended or guarantees issued under the 
        Arms Export Control Act; or
          (3) any obligation or portion of such obligation for 
        a Latin American country, to pay for purchases of 
        United States agricultural commodities guaranteed by 
        the Commodity Credit Corporation under export credit 
        guarantee programs authorized pursuant to section 5(f ) 
        of the Commodity Credit Corporation Charter Act of June 
        29, 1948, as amended, section 4(b) of the Food for 
        Peace Act of 1966, as amended (Public Law 89-808), or 
        section 202 of the Agricultural Trade Act of 1978, as 
        amended (Public Law 95-501).
    (b) Limitations.--
          (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt 
        relief and referendum agreements, commonly referred to 
        as ``Paris Club Agreed Minutes''.
          (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is 
        provided in advance by appropriations Acts.
          (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy 
        debt burdens that are eligible to borrow from the 
        International Development Association, but not from the 
        International Bank for Reconstruction and Development, 
        commonly referred to as ``IDA-only'' countries.
    (c) Conditions.--The authority provided by subsection (a) 
may be exercised only with respect to a country whose 
government--
          (1) does not have an excessive level of military 
        expenditures;
          (2) has not repeatedly provided support for acts of 
        international terrorism;
          (3) is not failing to cooperate on international 
        narcotics control matters;
          (4) (including its military or other security forces) 
        does not engage in a consistent pattern of gross 
        violations of internationally recognized human rights; 
        and
          (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995.
    (d) Availability of Funds.--The authority provided by 
subsection (a) may be used only with regard to funds 
appropriated by this Act under the heading ``Debt restructuring 
''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) shall not be considered assistance 
for purposes of any provision of law limiting assistance to a 
country. The authority provided by subsection (a) may be 
exercised notwithstanding section 620(r) of the Foreign 
Assistance Act of 1961.

           *       *       *       *       *       *       *


                    sense of congress regarding iran

    Sec. 586. (a) The Congress finds that--
          (1) according to the Department of State, Iran 
        continues to support international terrorism, providing 
        training, financing, and weapons to such terrorist 
        groups as Hizballah, Islamic Jihad and Hamas;
          (2) Iran continues to oppose the Arab-Israeli peace 
        process and refuses to recognize Israel's right to 
        exist;
          (3) Iran continues aggressively to seek weapons of 
        mass destruction and the missiles to deliver them;
          (4) it is long-standing United States policy to offer 
        official government-to-government dialogue with the 
        Iranian regime, such offers having been repeatedly 
        rebuffed by Tehran;
          (5) more than a year after the election of President 
        Khatemi, Iranian foreign policy continues to threaten 
        American security and that of our allies in the Middle 
        East; and
          (6) despite repeated offers and tentative steps 
        toward rapprochement with Iran by the Clinton 
        Administration, including a decision to waive sanctions 
        under the Iran-Libya Sanctions Act and the President's 
        veto of the Iran Missile Proliferation Sanctions Act, 
        Iran has failed to reciprocate in a meaningful manner.
    (b) Therefore it is the sense of the Congress that--
          (1) the Administration should make no concessions to 
        the Government of Iran unless and until that government 
        moderates its objectionable policies, including taking 
        steps to end its support of international terrorism, 
        opposition to the Middle East peace process, and the 
        development and proliferation of weapons of mass 
        destruction and their means of delivery; and
          (2) there should be no change in United States policy 
        toward Iran until there is credible and sustained 
        evidence of a change in Iranian policies.

           *       *       *       *       *       *       *


                    national commission on terrorism

    Sec. 591. (a) Establishment of National Commission on 
Terrorism.--
          (1) Establishment.--There is established a national 
        commission on terrorism to review counter-terrorism 
        policies regarding the prevention and punishment of 
        international acts of terrorism directed at the United 
        States. The commission shall be known as ``The National 
        Commission on Terrorism''.
          (2) Composition.--The commission shall be composed of 
        10 members appointed as follows:
                  (A) Three members shall be appointed by the 
                Majority Leader of the Senate.
                  (B) Three members shall be appointed by the 
                Speaker of the House of Representatives.
                  (C) Two members shall be appointed by the 
                Minority Leader of the Senate.
                  (D) Two members shall be appointed by the 
                Minority Leader of the House of 
                Representatives.
                  (E) The appointments of the members of the 
                commission should be made no later than 3 
                months after the date of the enactment of this 
                Act.
          (3) Qualifications.--The members should have a 
        knowledge and expertise in matters to be studied by the 
        commission.
          (4) Chair.--The Speaker of the House of 
        Representatives, after consultation with the majority 
        leader of the Senate and the minority leaders of the 
        House of Representatives and the Senate, shall 
        designate one of the members of the Commission to serve 
        as chair of the Commission.
          (5) Period of appointment: vacancies.--Members shall 
        be appointed for the life of the Commission. Any 
        vacancy in the Commission shall be filled in the same 
        manner as the original appointment.
          (6) Security clearances.--All Members of the 
        Commission should hold appropriate security clearances.
    (b) Duties.--
          (1) In general.--The commission shall consider issues 
        relating to international terrorism directed at the 
        United States as follows:
                  (A) Review the laws, regulations, policies, 
                directives, and practices relating to 
                counterterrorism in the prevention and 
                punishment of international terrorism directed 
                towards the United States.
                  (B) Assess the extent to which laws, 
                regulations, policies, directives, and 
                practices relating to counterterrorism have 
                been effective in preventing or punishing 
                international terrorism directed towards the 
                United States. At a minimum, the assessment 
                should include a review of the following:
                          (i) Evidence that terrorist 
                        organizations have established an 
                        infrastructure in the western 
                        hemisphere for the support and conduct 
                        of terrorist activities.
                          (ii) Executive branch efforts to 
                        coordinate counterterrorism activities 
                        among Federal, State, and local 
                        agencies and with other nations to 
                        determine the effectiveness of such 
                        coordination efforts.
                          (iii) Executive branch efforts to 
                        prevent the use of nuclear, biological, 
                        and chemical weapons by terrorists.
                  (C) Recommend changes to counterterrorism 
                policy in preventing and punishing 
                international terrorism directed toward the 
                United States.
          (2) Report.--Not later than 6 months after the date 
        on which the Commission first meets, the Commission 
        shall submit to the President and the Congress a final 
        report of the findings and conclusions of the 
        commission, together with any recommendations.
    (c) Administrative Matters.--
          (1) Meetings.--
                  (A) The commission shall hold its first 
                meeting on a date designated by the Speaker of 
                the House which is not later than 30 days after 
                the date on which all members have been 
                appointed.
                  (B) After the first meeting, the commission 
                shall meet upon the call of the chair.
                  (C) A majority of the members of the 
                commission shall constitute a quorum, but a 
                lesser number may hold meetings.
          (2) Authority of individuals to act for commission.--
        Any member or agent of the commission may, if 
        authorized by the commission, take any action which the 
        commission is authorized to take under this section.
          (3) Powers.--
                  (A) The commission may hold such hearings, 
                sit and act at such times and places, take such 
                testimony, and receive such evidence as the 
                commission considers advisable to carry out its 
                duties.
                  (B) The commission may secure directly from 
                any agency of the Federal Government such 
                information as the commission considers 
                necessary to carry out its duties. Upon the 
                request of the chair of the commission, the 
                head of a department or agency shall furnish 
                the requested information expeditiously to the 
                commission.
                  (C) The commission may use the United States 
                mails in the same manner and under the same 
                conditions as other departments and agencies of 
                the Federal Government.
          (4) Pay and expenses of commission members.--
                  (A) Subject to appropriations, each member of 
                the commission who is not an employee of the 
                government shall be paid at a rate not to 
                exceed the daily equivalent of the annual rate 
                of basic pay prescribed for level IV of the 
                Executive Schedule under section 5315 of title 
                5, United States Code, for each day (including 
                travel time) during which such member is 
                engaged in performing the duties of the 
                commission.
                  (B) Members and personnel for the commission 
                may travel on aircraft, vehicles, or other 
                conveyances of the Armed Forces of the United 
                States when travel is necessary in the 
                performance of a duty of the commission except 
                when the cost of commercial transportation is 
                less expensive.
                  (C) The members of the commission may be 
                allowed travel expenses, including per diem in 
                lieu of subsistence, at rates authorized for 
                employees of agencies under subchapter I of 
                chapter 57 of title 5, United States Code, 
                while away from their homes or regular places 
                of business in the performance of services for 
                the commission.
                  (D)(i) A member of the commission who is an 
                annuitant otherwise covered by section 8344 or 
                8468 of title 5, United States Code, by reason 
                of membership on the commission shall not be 
                subject to the provisions of such section with 
                respect to membership on the commission.
                  (ii) A member of the commission who is a 
                member or former member of a uniformed service 
                shall not be subject to the provisions of 
                subsections (b) and (c) of section 5532 of such 
                title with respect to membership on the 
                commission.
          (5) Staff and administrative support.--
                  (A) The chairman of the commission may, 
                without regard to civil service laws and 
                regulations, appoint and terminate an executive 
                director and up to three additional staff 
                members as necessary to enable the commission 
                to perform its duties. The chairman of the 
                commission may fix the compensation of the 
                executive director and other personnel without 
                regard to the provisions of chapter 51, and 
                subchapter III of chapter 53, of title 5, 
                United States Code, relating to classification 
                of positions and General Schedule pay rates, 
                except that the rate of pay may not exceed the 
                maximum rate of pay for GS-15 under the General 
                Schedule.
                  (B) Upon the request of the chairman of the 
                commission, the head of any department or 
                agency of the Federal Government may detail, 
                without reimbursement, any personnel of the 
                department or agency to the commission to 
                assist in carrying out its duties. The detail 
                of an employee shall be without interruption or 
                loss of civil service status or privilege.
    (d) Termination of Commission.--The commission shall 
terminate 30 days after the date on which the commission 
submits a final report.
    (e) Funding.--There are authorized to be appropriated such 
sums as may be necessary to carry out the provisions of this 
section.

           *       *       *       *       *       *       *


    sense of congress regarding the trial in the netherlands of the 
         suspects indicted in the bombing of pan am flight 103

    Sec. 596. (a) Findings.--Congress makes the following 
findings:
          (1) On December 21, 1988, 270 people, including 189 
        United States citizens, were killed in a terrorist 
        bombing on Pan Am Flight 103 over Lockerbie, Scotland.
          (2) Britain and the United States indicted 2 Libyan 
        intelligence agents--Abdel Basset Al-Megrahi and Lamen 
        Khalifa Fhimah--in 1991 and sought their extradition 
        from Libya to the United States or the United Kingdom 
        to stand trial for this heinous terrorist act.
          (3) The United Nations Security Council called for 
        the extradition of the suspects in Security Council 
        Resolution 731 and imposed sanctions on Libya in 
        Security Council Resolutions 748 and 883 because Libyan 
        leader, Colonel Muammar Qadhafi, refused to transfer 
        the suspects to either the United States or the United 
        Kingdom to stand trial.
          (4) The sanctions in Security Council Resolutions 748 
        and 883 include a worldwide ban on Libya's national 
        airline, a ban on flights into and out of Libya by 
        other nations' airlines, a prohibition on supplying 
        arms, airplane parts, and certain oil equipment to 
        Libya, and a freeze on Libyan government funds in other 
        countries.
          (5) Colonel Qadhafi has continually refused to 
        extradite the suspects to either the United States or 
        the United Kingdom and has insisted that he will only 
        transfer the suspects to a third and neutral country to 
        stand trial.
          (6) On August 24, 1998, the United States and the 
        United Kingdom proposed that Colonel Qadhafi transfer 
        the suspects to the Netherlands, where they would stand 
        trial before a Scottish court, under Scottish law, and 
        with a panel of Scottish judges.
          (7) The United States-United Kingdom proposal is 
        consistent with those previously endorsed by the 
        Organization of African Unity, the League of Arab 
        States, the Non-Aligned Movement, and the Islamic 
        Conference.
          (8) The United Nations Security Council endorsed the 
        United States-United Kingdom proposal on August 27, 
        1998, in United Nations Security Council Resolution 
        1192.
          (9) The United States Government has stated that this 
        proposal is nonnegotiable and has called on Colonel 
        Qadhafi to respond promptly, positively, and 
        unequivocally to this proposal by ensuring the timely 
        appearance of the two accused individuals in the 
        Netherlands for trial before the Scottish court.
          (10) The United States Government has called on Libya 
        to ensure the production of evidence, including the 
        presence of witnesses before the court, and to comply 
        fully with all the requirements of the United Nations 
        Security Council resolutions.
          (11) Secretary of State Albright has said that the 
        United States will urge a multilateral oil embargo 
        against Libya in the United Nations Security Council if 
        Colonel Muammar Qadhafi does not transfer the suspects 
        to The Netherlands to stand trial.
          (12) The United Nations Security Council will convene 
        on October 30, 1998, to review sanctions imposed on 
        Libya.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) Colonel Qadhafi should promptly transfer the 
        indicted suspects Abdel Basset Al-Megrahi and Lamen 
        Khalifa Fhimah to The Netherlands to stand trial before 
        the Scottish court;
          (2) the United States Government should remain firm 
        in its commitment not to negotiate with Colonel Qadhafi 
        on any of the details of the proposal approved by the 
        United Nations in United Nations Security Council 
        Resolution 1192; and
          (3) if Colonel Qadhafi does not transfer the indicted 
        suspects Abdel Basset Al-Megrahi and Lamen Khalifa 
        Fhimah to The Netherlands by October 29, 1998, the 
        United States Permanent Representative to the United 
        Nations should--
                  (A) introduce a resolution in the United 
                Nations Security Council to impose a 
                multilateral oil embargo against Libya;
                  (B) actively promote adoption of the 
                resolution by the United Nations Security 
                Council; and
                  (C) assure that a vote will occur in the 
                United Nations Security Council on such a 
                resolution.

           *       *       *       *       *       *       *

    This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1999''.

           10. Department of Justice Appropriations Act, 1999

Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency 
 Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681-50, 
approved October 21, 1998

           *       *       *       *       *       *       *


    Sec. 101. * * *
    (b) For programs, projects or activities in the Departments 
of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1999, provided as follows, to be 
effective as if it had been enacted into law as the regular 
appropriations Act:

AN ACT Making appropriations for the Departments of Commerce, Justice, 
  and State, the Judiciary, and related agencies for the fiscal year 
           ending September 30, 1999, and for other purposes.

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

salaries and expenses

           *       *       *       *       *       *       *


                         counterterrorism fund

    For necessary expenses, as determined by the Attorney 
General, $10,000,000, to remain vailable until expended, to 
reimburse any Department of Justice organization for (1) the 
costs incurred in establishing the operational capability of an 
office or facility which has been damaged or destroyed as a 
result of any domestic or international terrorist incident; (2) 
the costs of providing support to counter, investigate or 
prosecute domestic or international terrorism, including 
payment of rewards in connection with these activities; (3) the 
costs of conducting a terrorism threat assessment of Federal 
agencies and their facilities; (4) the costs associated with 
ensuring the continuance of essential Government functions 
during a time of emergency;and (5) the costs of activities 
related to the protection of the Nation's critical 
infrastructure: Provided, That any Federal agency may be 
reimbursed for the costs of detaining in foreign countries 
individuals accused of acts of terrorism that violate the laws 
of the United States: Provided further, That funds provided 
under this paragraph shall be available only after the Attorney 
General notifies the Committees on Appropriations of the House 
of Representatives and the Senate in accordance with section 
605 of this Act.
    In addition, for necessary expenses, as determined by the 
Attorney General, $135,000,000, to remain available until 
expended, to reimburse or transfer to agencies of the 
Department of Justice for any costs incurred in connection 
with: (1) providing bomb training and response capabilities to 
State and local law enforcement agencies; (2) providing 
training and related equipment for chemical, biological, 
nuclear, and cyber attack prevention and response capabilities 
for States, cities, territories, and local jurisdictions; and 
(3) providing grants, contracts, cooperative agreements, and 
other assistance authorized by sections 819, 821, and 822 of 
the Antiterrorism and Effective Death Penalty Act of 1996: 
Provided, That such funds transferred to the Office of Justice 
Programs may include amounts for management and administration, 
which shall be transferred to and merged with the ``Justice 
Assistance'' account.

           *       *       *       *       *       *       *


                    Federal Bureau of Investigation

                         salaries and expenses

    For necessary expenses of the Federal Bureau of 
Investigation for detection, investigation, and prosecution of 
crimes against the United States; including purchase for 
police-type use of not to exceed 2,668 passenger motor 
vehicles, of which 2,000 will be for replacement only, without 
regard to the general purchase price limitation for the current 
fiscal year, and hire of passenger motor vehicles; acquisition, 
lease, maintenance, and operation of aircraft; and not to 
exceed $70,000 to meet unforeseen emergencies of a confidential 
character, to be expended under the direction of, and to be 
accounted for solely under the certificate of, the Attorney 
General, $2,746,805,000; of which not to exceed $50,000,000 for 
automated data processing and telecommunications and technical 
investigative equipment and not to exceed $1,000,000 for 
undercover operations shall remain available until September 
30, 2000; of which not less than $292,473,000 shall be for 
counterterrorism investigations, foreign counterintelligence, 
and other activities related to our national security; of which 
not to exceed $61,800,000 shall remain available until 
expended; of which not to exceed $10,000,000 is authorized to 
be made available for making advances for expenses arising out 
of contractual or reimbursable agreements with State and local 
law enforcement agencies while engaged in cooperative 
activities related to violent crime, terrorism, organized 
crime, and drug investigations; and of which $1,500,000 shall 
be available to maintain an independent program office 
dedicated solely to the automation of fingerprint 
identification services: Provided, That not to exceed $45,000 
shall be available for official reception and representation 
expenses: Provided further, That no funds in this Act may be 
used to provide ballistics imaging equipment to any State or 
local authority which has obtained similar equipment through a 
Federal grant or subsidy unless the State or local authority 
agrees to return that equipment or to repay that grant or 
subsidy to the Federal Government.
    In addition, $223,356,000 for such purposes, to remain 
available until expended, to be derived from the Violent Crime 
Reduction Trust Fund, as authorized by the Violent Crime 
Control and Law Enforcement Act of 1994, as amended, and the 
Antiterrorism and Effective Death Penalty Act of 1996.

           *       *       *       *       *       *       *

    Sec. 115. (a)(1) Notwithstanding any other provision of 
law, for fiscal year 1999, the Attorney General may obligate 
any funds appropriated for or reimbursed to the 
Counterterrorism programs, projects or activities of the 
Department of Justice to purchase or lease equipment or any 
related items, or to acquire interim services, without regard 
to any otherwise applicable Federal acquisition rule, if the 
Attorney General determines that--
          (A) there is an exigent need for the equipment, 
        related items, or services in order to support an 
        ongoing counterterrorism, national security, or 
        computercrime investigation or prosecution;
          (B) the equipment, related items, or services 
        required are not available within the Department of 
        Justice; and
          (C) adherence to that Federal acquisition rule 
        would--
                  (i) delay the timely acquisition of the 
                equipment, related items, or services; and
                  (ii) adversely affect an ongoing 
                counterterrorism, national security, or 
                computercrime investigation or prosecution.
    (2) In this subsection, the term ``Federal acquisition 
rule'' means any provision of title II or IX of the Federal 
Property and Administrative Services Act of 1949, the Office of 
Federal Procurement Policy Act, the Small Business Act, the 
Federal Acquisition Regulation, or any other provision of law 
or regulation that establishes policies, procedures, 
requirements, conditions, or restrictions for procurements by 
the head of a department or agency or the Federal Government.
    (b) The Attorney General shall immediately notify the 
Committees on Appropriations of the House of Representatives 
and the Senate in writing of each expenditure under subsection 
(a), which notification shall include sufficient information to 
explain the circumstances necessitating the exercise of the 
authority under that subsection.

           *       *       *       *       *       *       *

    This title may be cited as the ``Department of Justice 
Appropriations Act, 1999''.

     11. Emergency Supplemental Appropriations for Fiscal Year 1999

Title II of division B of Public Law 105-277 [Omnibus Consolidated and 
 Emergency Supplemental Appropriations Act for Fiscal Year 1999; H.R. 
          4328], 112 Stat. 2681-565, approved October 21, 1998

DIVISION B--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

           *       *       *       *       *       *       *


                        TITLE II--ANTITERRORISM

                               CHAPTER 1

                         DEPARTMENT OF JUSTICE

                    Federal Bureau of Investigation

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$21,680,000, to remain available until expended: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Diplomatic 
and Consular Programs'', $773,700,000, to remain available 
until expended, of which $25,700,000 shall be available only to 
the extent that an official budget request that includes the 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided, That as determined by the 
Secretary of State, such funds may be used to procure services 
and equipment overseas necessary to improve worldwide security 
and reconstitute embassy operations in Kenya and Tanzania on 
behalf of any other agency: Provided further, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                         salaries and expenses

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Salaries 
and Expenses'', $12,000,000, to remain available until 
expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                      office of inspector general

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Office of 
Inspector General'', $1,000,000, to remain available until 
expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

           security and maintenance of united states missions

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Security 
and Maintenance of United States Missions'', $627,000,000, to 
remain available until expended; of which $56,000,000 is for 
security projects, relocations, and security equipment on 
behalf of missions of other U.S. Government agencies, which 
amount may be transferred to any appropriation for this 
purpose, to be merged with and available for the same time 
period as the appropriation to which transferred; and of which 
$185,000,000 is for capital improvements or relocation of 
office and residential facilities to improve security, which 
amount shall become available fifteen days after notice thereof 
has been transmitted to the Appropriations Committees of both 
Houses of Congress: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

           emergencies in the diplomatic and consular service

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Emergencies 
in the Diplomatic and Consular Service'', $10,000,000, to 
remain available until expended: Provided, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER 2

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

    For an additional amount for ``Operation and Maintenance, 
Defense- Wide'', $358,427,000, to remain available for 
obligation until expended: Provided, That the Secretary of 
Defense may transfer these funds to fiscal year 1999 
appropriations for operation and maintenance; procurement; 
research, development, test and evaluation; and family housing: 
Provided further, That the funds transferred shall be merged 
with and be available for the same purposes and for the same 
time period as the appropriation to which transferred: Provided 
further, That the transfer authority provided under this 
heading is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That 
the entire amount made available under this heading is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
the entire amount shall be available only to the extent that an 
official budget request for $358,427,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 201.\1\ Maintenance and Operation of Equipment. * * *
---------------------------------------------------------------------------
    \1\ Sec. 201 amended sec. 374 of title 10, United States Code. See 
sec. D.1 of this publication for text..
---------------------------------------------------------------------------

                     (including transfer of funds)

    Sec. 202. In addition to amounts appropriated or otherwise 
made available in the Department of Defense Appropriations Act, 
1999, $50,000,000 is hereby appropriated, only to initiate and 
expand activities of the Department of Defense to prevent, 
prepare for, and respond to a terrorist attack in the United 
States involving weapons of mass destruction: Provided, That 
$35,000,000 of the funds made available in this section shall 
be transferred to the following accounts in the specified 
amounts:
          ``National Guard Personnel, Army'', $4,000,000;
          ``National Guard Personnel, Air Force'', $1,000,000;
          ``Operation and Maintenance, Army'', $2,000,000;
          ``Operation and Maintenance, Army National Guard'', 
        $20,000,000; and
          ``Procurement, Defense-Wide'', $8,000,000:
Provided further, That of the funds made available in this 
section, $15,000,000 shall be transferred to ``Research, 
Development, Test and Evaluation, Army'', only to develop and 
support a long term, sustainable Weapons of Mass Destruction 
emergency preparedness training program: Provided further, That 
funds transferred pursuant to this section shall be merged with 
and be available for the same purposes and for the same time 
period as the appropriation to which transferred: Provided 
further, That the transfer authority provided in this section 
is in addition to any other transfer authority available to the 
Department of Defense: Provided further, That the entire amount 
provided in this section is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That the entire amount shall be 
available only to the extent that an official budget request 
for $50,000,000, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress.
    Sec. 203. In addition to amounts appropriated or otherwise 
made available in the Department of Defense Appropriations Act, 
1999, $120,500,000, to remain available for obligation until 
expended, is appropriated to the proper accounts within the 
Department of the Air Force: Provided, That the additional 
amount shall be made available only for the provision of crisis 
response aviation support for critical national security, law 
enforcement and emergency response agencies: Provided further, 
That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That the entire amount shall be 
available only to the extent that an official budget request 
for $120,500,000, that includes designation of the entire 
amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended, is transmitted by the President to the Congress: 
Provided further, That the President of the United States shall 
submit to the Congress by March 15, 1999, an interagency 
agreement for the utilization of Department of Defense assets 
to support the crisis response requirements of the Federal 
Bureau of Investigation and the Federal Emergency Management 
Agency.

                               CHAPTER 3

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   International Security Assistance

                         economic support fund

                     (including transfer of funds)

    Notwithstanding section 10 of Public Law 91-672, for an 
additional amount for ``Economic Support Fund'' for assistance 
for Kenya and Tanzania, $50,000,000, to remain available until 
September 30, 2000: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
funds appropriated under this paragraph may be made available 
for administrative costs associated with assistance provided 
under this paragraph: Provided further, That $2,500,000 shall 
be transferred to and merged with ``Operating Expenses of the 
Agency for International Development'' for security and related 
expenses: Provided further, That $1,269,000 shall be 
transferred to and merged with ``Peace Corps'' for security and 
related expenses: Provided further, That the transfers 
authorized in the preceding provisos shall be in addition to 
sums otherwise available for such purposes: Provided further, 
That funds appropriated under this paragraph shall only be 
available through the regular notification procedures of the 
Committees on Appropriations.

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956 and section 10 of Public Law 91-672, 
for an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'' for anti-terrorism 
assistance, $20,000,000, to remain available until September 
30, 2000: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                         National Park Service

                 operation of the national park system

    For an additional amount for ``Operation of the National 
Park System'' for emergency security related expenses, 
$2,320,000, to remain available until expended: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                              construction

    For an additional amount for ``Construction'' for emergency 
security related expenses, $3,680,000, to remain available 
until expended: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                               CHAPTER 5

                        ARCHITECT OF THE CAPITOL

                         Capitol Visitor Center

    For necessary expenses for the planning, engineering, 
design, and construction, as each such milestone is approved by 
the Committee on Rules and Administration of the Senate, the 
Committee on House Oversight of the House of Representatives, 
the Committees on Appropriations of the House of 
Representatives and of the Senate, and other appropriate 
committees of the House of Representatives and of the Senate, 
of a new facility to provide greater security for all persons 
working in or visiting the United States Capitol and to enhance 
the educational experience of those who have come to learn 
about the Capitol building and Congress, $100,000,000, to be 
supplemented by private funds, which shall remain available 
until expended: Provided, That Section 3709 of the Revised 
Statutes of the United States (41 U.S.C. 5) shall not apply to 
the funds made available under this heading: Provided further, 
That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                          CAPITOL POLICE BOARD

                         Security Enhancements

    For the Capitol Police Board for security enhancements to 
the Capitol complex, including the buildings and grounds of the 
Library of Congress, $106,782,000, to remain available until 
expended: Provided, That such security enhancements shall be 
carried out in accordance with a plan or plans approved by the 
Committee on House Oversight of the House of Representatives, 
the Committee on Rules and Administration of the Senate, the 
Committee on Appropriations of the House of Representatives, 
and the Committee on Appropriations of the Senate: Provided 
further, That the Capitol Police Board shall transfer to the 
Architect of the Capitol such portion of the funds made 
available under this heading as the Architect may require for 
expenses necessary to provide support for the security 
enhancements, subject to the approval of the Committee on 
Appropriations of the House of Representatives and the 
Committee on Appropriations of the Senate: Provided further, 
That the Capitol Police Board shall transfer to the Librarian 
of Congress such portion of the funds made available under this 
heading as the Librarian may require for expenses necessary to 
provide support for the security enhancements, subject to the 
approval of the Committee on Appropriations of the House of 
Representatives and the Committee on Appropriations of the 
Senate: Provided further, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                    GENERAL PROVISION, THIS CHAPTER

    The responsibility for design, installation, and 
maintenance of security systems to protect the physical 
security of the buildings and grounds of the Library of 
Congress is transferred from the Architect of the Capitol to 
the Capitol Police Board. Such design, installation, and 
maintenance shall be carried out under the direction of the 
Committee on House Oversight of the House of Representatives 
and the Committee on Rules and Administration of the Senate, 
and without regard to section 3709 of the Revised Statutes of 
the United States (41 U.S.C. 5). Any alteration to a 
structural, mechanical, or architectural feature of the 
buildings and grounds of the Library of Congress that is 
required for a security system under the preceding sentence may 
be carried out only with the approval of the Architect of the 
Capitol.

                               CHAPTER 6

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                        facilities and equipment

                    (airport and airway trust fund)

    For an additional amount for ``Facilities and Equipment'', 
$100,000,000, for necessary expenses for acquisition, 
installation and related activities supporting the deployment 
of bulk and trace explosives detection systems and other 
advanced security equipment at airports in the United States, 
to remain available until September 30, 2001: Provided, That 
the entire amount shall be available only to the extent an 
official budget request for a specific dollar amount that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, 
That the entire amount is designated as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                               CHAPTER 7

                       DEPARTMENT OF THE TREASURY

                Federal Law Enforcement Training Center

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$3,548,000, to remain available until expended: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                      United States Secret Service

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$80,808,000, to remain available until expended: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

    12. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 1997

Partial text of Public Law 104-208 [Omnibus Consolidated Appropriations 
Act, 1997; H.R. 3610], 110 Stat. 3009, approved September 30, 1996

           *       *       *       *       *       *       *


         civil liability for acts of state sponsored terrorism

    Sec. 589. (a) an official, employee, or agent of a foreign 
state designated as a state sponsor of terrorism designated 
under section 6(j) of the Export Administration Act of 1979 
while acting within the scope of his or her office, employment, 
or agency shall be liable to a United States national or the 
national's legal representative for personal injury or death 
caused by acts of that official, employee, or agent for which 
the courts of the United States may maintain jurisdiction under 
section 1605(a)(7) of title 28, United States Code, for money 
damages which may include economic damages, solatium, pain, and 
suffering, and punitive damages if the acts were among those 
described in section 1605(a)(7).
    (b) Provisions related to statute of limitations and 
limitations on discovery that would apply to an action brought 
under 28 U.S.C. 1605(f) and (g) shall also apply to actions 
brought under this section. No action shall be maintained under 
this action if an official, employee, or agent of the United 
States, while acting within the scope of his or her office, 
employment, or agency would not be liable for such acts if 
carried out within the United States.
    Titles I through V of this Act may be cited as the 
``Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1997''.
=======================================================================




                   B. DEPARTMENT OF STATE LEGISLATION

                                CONTENTS

                                                                   Page

 1. State Department Basic Authorities Act of 1956, as amended 
    (Public Law 84-885) (partial text)...........................    71
      Title I--Basic Authorities Generally.......................    71
            Section 1--Secretary of State--Coordinator for 
                Counterterrorism.................................    71
            Section 36--Rewards for Information on Terrorism.....    71
            Section 39--Counterterrorism Protection Fund.........    75
            Section 40--Authority to Control Certain Terrorism-
                Related Services.................................    75
            Section 51--Denial of Visas..........................    77
 2. Intelligence Authorization Act for Fiscal Year 1996 (Public 
    Law 104-93) (partial text)...................................    78
      Title III--General Provisions..............................    78
            Section 310--Assistance to Foreign Countries.........    78
      Title VI--Federal Bureau of Investigation..................    78
 3. Foreign Relations Authorization Act, Fiscal Years 1998 and 
    1999 (Public Law 105-277) (partial text).....................    80
      Subtitle B--Foreign Relations Authorization................    80
      Title XX--General Provisions...............................    80
      Chapter 2--Consular Authorities of the Department of State.    80
            Section 2221--Use of Certain Passport Processing Fees 
                for Enhanced Passport Services...................    80
 4. Foreign Relations Authorization Act, Fiscal Years 1994 and 
    1995, as amended (Public Law 103-236) (partial text).........    82
      Title I--Department of State and Related Agencies..........    82
            Part B--Authorities and Activities...................    82
                Section 133--Terrorism Rewards and Reports.......    82
                Section 140--Visas...............................    82
      Title V--Foreign Policy....................................    83
            Part A--General Provisions...........................    83
                Section 517--Sense of the Senate on the 
                  Establishment of an International Criminal 
                  Court..........................................    83
                Section 518--International Criminal Court 
                  Participation..................................    84
            Part B--Spoils of War Act............................    85
                Section 516--Short Title.........................    85
                Section 553--Prohibition on Transfers to 
                  Countries which Support Terrorism..............    85
 5. Foreign Relations Authorization Act, Fiscal Years 1992 and 
    1993, as amended (Public Law 102-138) (partial text).........    86
      Title III--Miscellaneous Foreign Policy Provisions.........    86
            Part A--Foreign Policy Provisions....................    86
                Section 304--Report on Terrorist Assets in the 
                  United States..................................    86
 6. Foreign Relations Authorization Act, Fiscal Years 1988 and 
    1989, as amended (Public Law 100-204) (partial text).........    87
      Title I--The Department of State...........................    87
            Part B--Department of State Authorities and 
                Activities.......................................    87
                Section 140--Annual Country Reports on Terrorism.    87
 7. Department of State and Related Agencies Appropriations Act, 
    1999 (Public Law 105-277) (partial text).....................    90
      Title IV--Department of State and Related Agencies.........    90
            Diplomatic and Consular Programs.....................    90
 8. Emergency Supplemental Appropriations for Fiscal Year 1999 
    (Public Law 105-277) (partial text)..........................    91
      Title II--Antiterrorism....................................    91
            Chapter 1--Department of State Administration of 
                Foreign Affairs..................................    91
                Diplomatic and Consular Programs.................    91
 9. Hostage Relief Act of 1980 (Public Law 96-449)...............    93

=======================================================================

           1. State Department Basic Authorities Act of 1956

Public Law 84-885 [S. 2569], 70 Stat. 890, approved August 1, 1956, as 
                                amended

 AN ACT To provide certain basic authority for the Department of State.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``State Department Basic Authorities 
Act of 1956''.

                  TITLE I--BASIC AUTHORITIES GENERALLY

                organization of the department of state

    Section 1. (a) Secretary of State.--

           *       *       *       *       *       *       *

  (f)\1\ Coordinator for Counterterrorism.--
---------------------------------------------------------------------------
    \1\ Sec. (f) was added by Sec. 2301(a) of Public Law 105-277 (112 
Stat. 2681-824)
---------------------------------------------------------------------------
    (1) In general.--There is within the office of the 
Secretary of State a Coordinator for Counterterrorism (in this 
paragraph referred to as the `Coordinator') who shall be 
appointed by the President, by and with the advice and consent 
of the Senate.
    (2) Duties.--
          (A) In general.--The Coordinator shall perform such 
        duties and exercise such powers as the Secretary of 
        State shall prescribe.
          (B) Duties described.--The principal duty of the 
        Coordinator shall be the overall supervision (including 
        policy oversight of resources) of international 
        counterterrorism activities. The Coordinator shall be 
        the principal adviser to the Secretary of State on 
        international counterterrorism matters. The Coordinator 
        shall be the principal counterterrorism official within 
        the senior management of the Department of State and 
        shall report directly to the Secretary of State.
    (3) Rank and status of ambassador.--The Coordinator shall 
have the rank and status of Ambassador at Large.''.

           *       *       *       *       *       *       *


SEC. 36.\2\ DEPARTMENT OF STATE REWARDS PROGRAM.
---------------------------------------------------------------------------

    \2\ 22 U.S.C. 2708. Sec 36 was added by sec. 102 of Public Law 98-
533 (98 Stat. 2708). It was subsequently amended by Public Law 100-690 
(102 Stat. 4287); by Public Law 103-236 (108 Stat. 519); by Public Law 
104-134 (110 Stat. 1321-45); In 1998, sec. 36 was amended both by sec. 
2202 of Public Law 105-277 (112 Stat. 2681-805) and subsequently by 
sec. 101 of Public Law 105-323 (112 Stat. 3029).
---------------------------------------------------------------------------
    (a) Establishment.--
          (1) In general.--There is established a program for 
        the payment of rewards to carry out the purposes of 
        this section.
          (2) Purpose.--The rewards program shall be designed 
        to assist in the prevention of acts of international 
        terrorism, international narcotics trafficking, and 
        other related criminal acts.
          (3) Implementation.--The rewards program shall be 
        administered by the Secretary of State, in 
        consultation, as appropriate, with the Attorney 
        General.
    (b) Rewards Authorized.--In the sole discretion of the 
Secretary (except as provided in subsection (c)(2)) and in 
consultation, as appropriate, with the Attorney General, the 
Secretary may pay a reward to any individual who furnishes 
information leading to--
          (1) the arrest or conviction in any country of any 
        individual for the commission of an act of 
        international terrorism against a United States person 
        or United States property;
          (2) the arrest or conviction in any country of any 
        individual conspiring or attempting to commit an act of 
        international terrorism against a United States person 
        or United States property;
          (3) the arrest or conviction in any country of any 
        individual for committing, primarily outside the 
        territorial jurisdiction of the United States, any 
        narcotics-related offense if that offense involves or 
        is a significant part of conduct that involves--
                  (A) a violation of United States narcotics 
                laws such that the individual would be a major 
                violator of such laws;
                  (B) the killing or kidnapping of--
                          (i) any officer, employee, or 
                        contract employee of the United States 
                        Government while such individual is 
                        engaged in official duties, or on 
                        account of that individual's official 
                        duties, in connection with the 
                        enforcement of United States narcotics 
                        laws or the implementing of United 
                        States narcotics control objectives; or
                          (ii) a member of the immediate family 
                        of any such individual on account of 
                        that individual's official duties, in 
                        connection with the enforcement of 
                        United States narcotics laws or the 
                        implementing of United States narcotics 
                        control objectives; or
                  (C) an attempt or conspiracy to commit any 
                act described in subparagraph (A) or (B);
          (4) the arrest or conviction in any country of any 
        individual aiding or abetting in the commission of an 
        act described in paragraph (1), (2), or (3); or
          (5) the prevention, frustration, or favorable 
        resolution of an act described in paragraph (1), (2), 
        or (3).
    (c) Coordination.--
          (1) Procedures.--To ensure that the payment of 
        rewards pursuant to this section does not duplicate or 
        interfere with the payment of informants or the 
        obtaining of evidence or information, as authorized to 
        the Department of Justice, the offering, 
        administration, and payment of rewards under this 
        section, including procedures for--
                  (A) identifying individuals, organizations, 
                and offenses with respect to which rewards will 
                be offered;
                  (B) the publication of rewards;
                  (C) the offering of joint rewards with 
                foreign governments;
                  (D) the receipt and analysis of data; and
                  (E) the payment and approval of payment, 
                shall be governed by procedures developed by 
                the Secretary of State, in consultation with 
                the Attorney General.
          (2) Prior approval of attorney general required.--
        Before making a reward under this section in a matter 
        over which there is Federal criminal jurisdiction, the 
        Secretary of State shall obtain the concurrence of the 
        Attorney General.
    (d) Funding.--
          (1) Authorization of appropriations.--Notwithstanding 
        section 102 of the Foreign Relations Authorization Act, 
        Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 
        408), but subject to paragraph (2), there are 
        authorized to be appropriated to the Department of 
        State from time to time such amounts as may be 
        necessary to carry out this section.
          (2) Limitation.--No amount of funds may be 
        appropriated under paragraph (1) which, when added to 
        the unobligated balance of amounts previously 
        appropriated to carry out this section, would cause 
        such amounts to exceed $15,000,000.
          (3) Allocation of funds.--To the maximum extent 
        practicable, funds made available to carry out this 
        section should be distributed equally for the purpose 
        of preventing acts of international terrorism and for 
        the purpose of preventing international narcotics 
        trafficking.
          (4) Period of availability.--Amounts appropriated 
        under paragraph (1) shall remain available until 
        expended.
    (e) Limitations and Certification.--
          (1) Maximum amount.--No reward paid under this 
        section may exceed $2,000,000.
          (2) Approval.--A reward under this section of more 
        than $100,000 may not be made without the approval of 
        the Secretary.
          (3) Certification for payment.--Any reward granted 
        under this section shall be approved and certified for 
        payment by the Secretary.
          (4) Nondelegation of authority.--The authority to 
        approve rewards of more than $100,000 set forth in 
        paragraph (2) may not be delegated.
          (5) Protection measures.--If the Secretary determines 
        that the identity of the recipient of a reward or of 
        the members of the recipient's immediate family must be 
        protected, the Secretary may take such measures in 
        connection with the payment of the reward as he 
        considers necessary to effect such protection.
    (f) Ineligibility.--An officer or employee of any entity of 
Federal, State, or local government or of a foreign government 
who, while in the performance of his or her official duties, 
furnishes information described in subsection (b) shall not be 
eligible for a reward under this section.
    (g) Reports.--
          (1) Reports on payment of rewards.--Not later than 30 
        days after the payment of any reward under this 
        section, the Secretary shall submit a report to the 
        appropriate congressional committees with respect to 
        such reward. The report, which may be submitted in 
        classified form if necessary, shall specify the amount 
        of the reward paid, to whom the reward was paid, and 
        the acts with respect to which the reward was paid. The 
        report shall also discuss the significance of the 
        information for which the reward was paid in dealing 
        with those acts.
          (2) Annual reports.--Not later than 60 days after the 
        end of each fiscal year, the Secretary shall submit a 
        report to the appropriate congressional committees with 
        respect to the operation of the rewards program. The 
        report shall provide information on the total amounts 
        expended during the fiscal year ending in that year to 
        carry out this section, including amounts expended to 
        publicize the availability of rewards.
    (h) Publication Regarding Rewards Offered by Foreign 
Governments.--Notwithstanding any other provision of this 
section, in the sole discretion of the Secretary, the resources 
of the rewards program shall be available for the publication 
of rewards offered by foreign governments regarding acts of 
international terrorism which do not involve United States 
persons or property or a violation of the narcotics laws of the 
United States.
    (i) Determinations of the Secretary.--A determination made 
by the Secretary under this section shall be final and 
conclusive and shall not be subject to judicial review.
    (j) Definitions.--As used in this section:
          (1) Act of international terrorism.--The term `act of 
        international terrorism' includes--
                  (A) any act substantially contributing to the 
                acquisition of unsafeguarded special nuclear 
                material (as defined in paragraph (8) of 
                section 830 of the Nuclear Proliferation 
                Prevention Act of 1994 (22 U.S.C. 3201 note)) 
                or any nuclear explosive device (as defined in 
                paragraph (4) of that section) by an 
                individual, group, or non-nuclear-weapon state 
                (as defined in paragraph (5) of that section); 
                and
                  (B) any act, as determined by the Secretary, 
                which materially supports the conduct of 
                international terrorism, including the 
                counterfeiting of United States currency or the 
                illegal use of other monetary instruments by an 
                individual, group, or country supporting 
                international terrorism as determined for 
                purposes of section 6(j)(1)(A) of the Export 
                Administration Act of 1979 (50 U.S.C. App. 
                2405(j)(1)(A)).
          (2) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the 
        Committee on International Relations of the House of 
        Representatives and the Committee on Foreign Relations 
        of the Senate.
          (3) Member of the immediate family.--The term `member 
        of the immediate family', with respect to an 
        individual, includes--
                  (A) a spouse, parent, brother, sister, or 
                child of the individual;
                  (B) a person with respect to whom the 
                individual stands in loco parentis; and
                  (C) any person not covered by subparagraph 
                (A) or (B) who is living in the individual's 
                household and is related to the individual by 
                blood or marriage.
          (4) Rewards program.--The term `rewards program' 
        means the program established in subsection (a)(1).
          (5) United states narcotics laws.--The term `United 
        States narcotics laws' means the laws of the United 
        States for the prevention and control of illicit 
        trafficking in controlled substances (as such term is 
        defined in section 102(6) of the Controlled Substances 
        Act (21 U.S.C. 802(6))).
          (6) United states person.--The term `United States 
        person' means--
                  (A) a citizen or national of the United 
                States; and
                  (B) an alien lawfully present in the United 
                States.

           *       *       *       *       *       *       *


                    counterterrorism protection fund

    Sec. 39.\3\ (a) Authority.--The Secretary of State may 
reimburse domestic and foreign persons, agencies, or 
governments for the protection of judges or other persons who 
provide assistance or information relating to terrorist 
incidents primarily outside the territorial jurisdiction of the 
United States. Before making a payment under this section in a 
matter over which there is Federal criminal jurisdiction, the 
Secretary shall advise and consult with the Attorney General.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2711. Sec. 39 was added by sec. 504(2) of Public Law 
99-399 (100 Stat. 871).
---------------------------------------------------------------------------
    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of State for 
``Administration of Foreign Affairs'' $1,000,000 for fiscal 
year 1986 and $1,000,000 for fiscal year 1987 for use in 
reimbursing persons, agencies, or governments under this 
section.
    (c) Designation of Fund.--Amounts made available under this 
section may be referred to as the ``Counterterrorism Protection 
Fund''.

        authority to control certain terrorism-related services

    Sec. 40.\4\ (a) Authority.--The Secretary of State may, by 
regulation, impose controls on the provisions of the services 
described in subsection (b) if the Secretary determines that 
provision of such services would aid and abet international 
terrorism.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2712. Sec. 40 was added by sec. 506(2) of Public Law 
99-399 (100 Stat. 872).
---------------------------------------------------------------------------
    (b) Services Subject to Control.--The services subject to 
control under subsection (a) are the following:
          (1) Serving in or with the security forces of a 
        designated foreign government.
          (2) Providing training or other technical services 
        having a direct military, law enforcement, or 
        intelligence application, to or for the security forces 
        of a designated foreign government.
Any regulations issued to impose controls on services described 
in paragraph (2) shall list the specific types of training and 
other services subject to the controls.
    (c) Persons Subject of Controls.--These services may be 
controlled under subsection (a) when they are provided within 
the United States by any individual or entity and when they are 
provided anywhere in the world by a United States person.
    (d) Licenses.--In carrying out subsection (a), the 
Secretary of State may require licenses, which may be revoked, 
suspended, or amended, without prior notice, whenever such 
action is deemed to be advisable.
    (e) Definitions.--
          (1) Designated foreign government.--As used in this 
        section, the term ``designated foreign government' 
        means a foreign government that the Secretary of State 
        has determined, for purposes of section 6(j)(1) of the 
        Export Administration Act of 1979, has repeatedly 
        provided support for acts of international terrorism.
          (2) Security forces.--As used in this section, the 
        term ``security forces'' means any military or 
        paramilitary forces, any police or other law 
        enforcement agency (including any police or other law 
        enforcement agency at the regional or local level), and 
        any intelligence agency of a foreign government.
          (3) United states.--As used in this section, the term 
        ``United States'' includes any State, the District of 
        Columbia, the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands, and any 
        territory or possession of the United States.
          (4) United states person.--As used in this section, 
        the term ``United States person'' means any United 
        States national, any permanent resident alien, and any 
        sole proprietorship, partnership, company, association, 
        or corporation organized under the laws of or having 
        its principal place of business within the United 
        States.
    (f) Violations.--
          (1) Penalties.--Whoever willfully violates any 
        regulation issued under this section shall be fined not 
        more than $100,000 or five times the total compensation 
        received for the conduct which constitutes the 
        violation, whichever is greater, or imprisoned for not 
        more than ten years, or both, for each such offense.
          (2) Investigations.--The Attorney General and the 
        Secretary of the Treasury shall have authority to 
        investigate violations of regulations issued under this 
        section.
    (g) Congressional Oversight.--
          (1) Review of regulations.--Not less than 30 days 
        before issuing any regulations under this section 
        (including any amendment thereto), the Secretary of 
        State shall transmit the proposed regulations to the 
        Congress.
          (2) Reports.--Not less than once every six months, 
        the Secretary of State shall report to the Congress 
        concerning the number and character of licenses granted 
        and denied during the previous reporting period, and 
        such other information as the Secretary may find to be 
        relevant to the accomplishment of the objectives of 
        this section.
  (h) Relationship to Other Laws.--The authority granted by 
this section is in addition to the authorities granted by any 
other provision of law.

           *       *       *       *       *       *       *


                          denial of visas \5\

  Sec. 51.\5\ (a) Report to Congress.--The Secretary shall 
report, on a timely basis, to the appropriate committees of the 
Congress each time a consular post denies a visa on the grounds 
of terrorist activities or foreign policy. Such report shall 
set forth the name and nationality of each such person and a 
factual statement of the basis for such denial.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2723. Sec. 127(a) of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 
Stat. 660), added sec. 51. See also sec. 128 of that Act, relating to 
visa lookout systems.
    Functions vested in the Secretary of State in this section were 
further delegated to the Under Secretary for Political Affairs, in 
consultation with the Under Secretary for Management, by Delegation of 
Authority No. 193, January 7, 1992 (Public Notice 1555; 57 F.R. 2298; 
January 21, 1992).
---------------------------------------------------------------------------
  (b) Limitation.--Information contained in such report may be 
classified to the extent necessary and shall protect 
intelligence sources and methods.
  (c) Appropriate Committees.--For the purposes of this section 
the term ``appropriate committees of the Congress'' means the 
Committee on the Judiciary and the Committee on Foreign Affairs 
\6\ of the House of Representatives and the Committee on the 
Judiciary and the Committee on Foreign Relations of the Senate.
---------------------------------------------------------------------------
    \6\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.

           *       *       *       *       *       *       *


         2. Intelligence Authorization Act for Fiscal Year 1996

 Public Law 104-93 [H.R. 1665], 109 Stat. 961, approved January 6, 1996

      AN ACT To authorize appropriations for fiscal year 1996 for 
 intelligence and intelligence-related activities of the United States 
     Government, the Community Management Account, and the Central 
  Intelligence Agency Retirement and Disability System, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Intelligence Authorization Act for 
Fiscal Year 1996''.

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the 
``Intelligence Authorization Act for Fiscal Year 1996''.

           *       *       *       *       *       *       *


TITLE III--GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 310. ASSISTANCE TO FOREIGN COUNTRIES.

    Notwithstanding any other provision of law, funds 
authorized to be appropriated by this Act may be used to 
provide assistance to a foreign country for counterterrorism 
efforts if--
          (1) such assistance is provided for the purpose of 
        protecting the property of the United States Government 
        or the life and property of any United States citizen, 
        or furthering the apprehension of any individual 
        involved in any act of terrorism against such property 
        or persons; and
          (2) the Committee on Intelligence of the Senate and 
        the Permanent Select Committee on Intelligence of the 
        House of Representatives are notified not later than 15 
        days prior to the provision of such assistance.

           *       *       *       *       *       *       *


               TITLE VI--FEDERAL BUREAU OF INVESTIGATION

SEC. 601. DISCLOSURE OF INFORMATION AND CONSUMER REPORTS TO FBI FOR 
                    COUNTERINTELLIGENCE PURPOSES.

    (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 
1681 et seq.) is amended by adding after section 623 the 
following new section:``

Sec. 624.\1\ Disclosures to FBI for counterintelligence purposes

    ``(a) Identity of Financial Institutions.--Notwithstanding 
section 604 or any other provision of this title, a consumer 
reporting agency shall furnish to the Federal Bureau of 
Investigation the names and addresses of all financial 
institutions (as that term is defined in section 1101 of the 
Right to Financial Privacy Act of 1978) at which a consumer 
maintains or has maintained an account, to the extent that 
information is in the files of the agency, when presented with 
a written request for that information, signed by the Director 
of the Federal Bureau of Investigation, or the Director's 
designee, which certifies compliance with this section. The 
Director or the Director's designee may make such a 
certification only if the Director or the Director's designee 
has determined in writing that--
---------------------------------------------------------------------------
    \1\ 15 USC 1681u.
---------------------------------------------------------------------------
          ``(1) such information is necessary for the conduct 
        of an authorized foreign counterintelligence 
        investigation; and
          ``(2) there are specific and articulable facts giving 
        reason to believe that the consumer--
                  ``(A) is a foreign power (as defined in 
                section 101 of the Foreign Intelligence 
                Surveillance Act of 1978) or a person who is 
                not a United States person (as defined in such 
                section 101) and is an official of a foreign 
                power; or
                  ``(B) is an agent of a foreign power and is 
                engaging or has engaged in an act of 
                international terrorism (as that term is 
                defined in section 101(c) of the Foreign 
                Intelligence Surveillance Act of 1978) or 
                clandestine intelligence activities that 
                involve or may involve a violation of criminal 
                statutes of the United States.

           *       *       *       *       *       *       *

      ``(c) Court Order for Disclosure of Consumer Reports.--
Notwithstanding section 604 or any other provision of this 
title, if requested in writing by the Director of the Federal 
Bureau of Investigation, or a designee of the Director, a court 
may issue an order ex parte directing a consumer reporting 
agency to furnish a consumer report to the Federal Bureau of 
Investigation, upon a showing in camera that--
          ``(1) the consumer report is necessary for the 
        conduct of an authorized foreign counterintelligence 
        investigation; and
          ``(2) there are specific and articulable facts giving 
        reason to believe that the consumer whose consumer 
        report is sought--
                  ``(A) is an agent of a foreign power, and
                  ``(B) is engaging or has engaged in an act of 
                international terrorism (as that term is 
                defined in section 101(c) of the Foreign 
                Intelligence Surveillance Act of 1978) or 
                clandestine intelligence activities that 
                involve or may involve a violation of criminal 
                statutes of the United States.

           *       *       *       *       *       *       *


   3. Foreign Relations Authorization Act, Fiscal Years 1998 and 1999

     Partial text of subdivision B of Public Law 105-277 [Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 1999; H.R. 
          4328], 112 Stat. 2681-801, approved October 21, 1998

             SUBDIVISION B--FOREIGN RELATIONS AUTHORIZATION

                      TITLE XX--GENERAL PROVISIONS

SEC. 2001.\1\ SHORT TITLE.

    This subdivision may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2651 note.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 2202. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM.\2\ * * *.

           *       *       *       *       *       *       *


       CHAPTER 2--CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE

SEC. 2221. USE OF CERTAIN PASSPORT PROCESSING FEES FOR ENHANCED 
                    PASSPORT SERVICES.

    For each of the fiscal years 1998 and 1999, of the fees 
collected for expedited passport processing and deposited to an 
offsetting collection pursuant to title V of the Department of 
State and Related Agencies Appropriations Act for Fiscal Year 
1995 (Public Law 103-317; 22 U.S.C. 214 note), 30 percent shall 
be available only for enhancing passport services for United 
States citizens, improving the integrity and efficiency of the 
passport issuance process, improving the secure nature of the 
United States passport, investigating passport fraud, and 
deterring entry into the United States by terrorists, drug 
traffickers, or other criminals.
---------------------------------------------------------------------------
    \2\ Sec. 2202 amends section 36 of the State Department Basic 
Authorities Act of 1956. The text of this amendment can be found at 
sec. B.1 in this volume.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

  TITLE XXIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF 
                  STATE PERSONNEL; THE FOREIGN SERVICE

           CHAPTER 1--ORGANIZATION OF THE DEPARTMENT OF STATE

SEC. 2301. COORDINATOR FOR COUNTERTERRORISM.\3\ * * *.

           *       *       *       *       *       *       *


    (b) Technical and Conforming Amendments.--Section 161 of 
the Foreign Relations Authorization Act, Fiscal Years 1994 and 
1995 (Public Law 103-236) is amended by striking subsection 
(e).
---------------------------------------------------------------------------
    \3\ Sec. 2301 amends section 1 of the State Department Basic 
Authorities Act of 1956. The text of this amendment can be found at 
sec. B.1 in this volume.

   4. Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

Public Law 103-236 [H.R. 2333], 108 Stat. 382, approved April 30, 1994, 
                               as amended

  AN ACT To authorize appropriations for the Department of State, the 
 United States Information Agency, and related agencies, 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.\1\ SHORT TITLE.

    This Act may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2651 note.
---------------------------------------------------------------------------

TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES

           *       *       *       *       *       *       *


PART B--AUTHORITIES AND ACTIVITIES

           *       *       *       *       *       *       *


SEC. 133. TERRORISM REWARDS AND REPORTS.

    (a) Rewards for Information on Acts of International 
Terrorism in the United States.--
          (1) \2\ * * *
---------------------------------------------------------------------------
    \2\ Para. (1) amended sec. 36 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2708).
---------------------------------------------------------------------------
          (2) Notwithstanding section 36(g) of the State 
        Department Basic Authorities Act of 1956 (22 U.S.C. 
        2708), in addition to amounts otherwise available the 
        Department of State may expend not more than $4,000,000 
        in fiscal years 1994 and 1995 to pay rewards pursuant 
        to section 36(a) of such Act.
    (b) \3\ Annual Reports on Terrorism.--* * *
---------------------------------------------------------------------------
    \3\ Subsec. (b) amended sec. 140(b)(2) of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f); and 
sec. 304(a) of the Foreign Relations Authorization Act, Fiscal Years 
1992 and 1993 (Public Law 102-138).

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 140. VISAS.

    (a) * * *
    (b) \4\ Automated Visa Lookout System.--Not later than 18 
months after the date of the enactment of this Act, the 
Secretary of State shall implement an upgrade of all overseas 
visa lookout operations to computerized systems with automated 
multiple-name search capabilities.
---------------------------------------------------------------------------
    \4\ 8 U.S.C. 1182 note.
---------------------------------------------------------------------------
    (c) \4\ Processing of Visas for Admission to the United 
States.--
          (1)(A) Beginning 24 months after the date of the 
        enactment of this Act, whenever a United States 
        consular officer issues a visa for admission to the 
        United States, that official shall certify, in writing, 
        that a check of the Automated Visa Lookout System, or 
        any other system or list which maintains information 
        about the excludability of aliens under the Immigration 
        and Nationality Act, has been made and that there is no 
        basis under such system for the exclusion of such 
        alien.
          (B) If, at the time an alien applies for an immigrant 
        or nonimmigrant visa, the alien's name is included in 
        the Department of State's visa lookout system and the 
        consular officer to whom the application is made fails 
        to follow the procedures in processing the application 
        required by the inclusion of the alien's name in such 
        system, the consular officer's failure shall be made a 
        matter of record and shall be considered as a serious 
        negative factor in the officer's annual performance 
        evaluation.
          (2) If an alien to whom a visa was issued as a result 
        of a failure described in paragraph (1)(B) is admitted 
        to the United States and there is thereafter probable 
        cause to believe that the alien was a participant in a 
        terrorist act causing serious injury, loss of life, or 
        significant destruction of property in the United 
        States, the Secretary of State shall convene an 
        Accountability Review Board under the authority of 
        title III of the Omnibus Diplomatic Security and 
        Antiterrorism Act of 1986.

           *       *       *       *       *       *       *


                        TITLE V--FOREIGN POLICY

PART A--GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 517. SENSE OF THE SENATE ON THE ESTABLISHMENT OF AN INTERNATIONAL 
                    CRIMINAL COURT.

    (a) Senate Findings.--The Senate makes the following 
findings:
          (1) The freedom and security of the international 
        community rests on the sanctity of the rule of law.
          (2) The international community is increasingly 
        threatened by unlawful acts such as war crimes, 
        genocide, aggression, crimes against humanity, 
        terrorism, drug trafficking, money laundering, and 
        other crimes of an international character.
          (3) The prosecution of individuals suspected of 
        carrying out such acts is often impeded by political 
        and legal obstacles such as amnesties, disputes over 
        extradition, differences in the structure and 
        capabilities of national courts, and the lack of 
        uniform guidelines under which to try such individuals.
          (4) The war crimes trials held in the aftermath of 
        World War II at Nuremberg, Germany, and Tokyo, Japan, 
        demonstrated that fair and effective prosecution of war 
        criminals could be carried out in an international 
        forum.
          (5) Since its inception in 1945 the United Nations 
        has sought to build on the precedent established at the 
        Nuremberg and Tokyo trials by establishing a permanent 
        international criminal court with jurisdiction over 
        crimes of an international character.
          (6) United Nations General Assembly Resolution 44/39, 
        adopted on December 4, 1989, called on the 
        International Law Commission to study the feasibility 
        of an international criminal court.
          (7) In the years after passage of that resolution the 
        International Law Commission has taken a number of 
        steps to advance the debate over such a court, 
        including--
                  (A) the provisional adoption of a draft Code 
                of Crimes Against the Peace and Security of 
                Mankind;
                  (B) the creation of a Working Group on an 
                International Criminal Jurisdiction and the 
                formulation by that Working Group of several 
                concrete proposals for the establishment and 
                operation of an international criminal court; 
                and
                  (C) the determination that an international 
                criminal court along the lines of that 
                suggested by the Working Group is feasible and 
                that the logical next step would be to proceed 
                with the formal drafting of a statute for such 
                a court.
          (8) United Nations General Assembly Resolution 47/33, 
        adopted on November 25, 1992, called on the 
        International Law Commission to begin the process of 
        drafting a statute for an international criminal court 
        at its next session.
          (9) Given the developments of recent years, the time 
        is propitious for the United States to lend its support 
        to this effort.
    (b) Sense of the Senate.--It is the sense of the Senate 
that--
          (1) the establishment of an international criminal 
        court with jurisdiction over crimes of an international 
        character would greatly strengthen the international 
        rule of law;
          (2) such a court would thereby serve the interests of 
        the United States and the world community; and
          (3) the United States delegation should make every 
        effort to advance this proposal at the United Nations.
    (c) * * *

SEC. 518. INTERNATIONAL CRIMINAL COURT PARTICIPATION.

    The United States Senate will not consent to the 
ratification of a treaty providing for United States 
participation in an international criminal court with 
jurisdiction over crimes of an international nature which 
permits representatives of any terrorist organization, 
including but not limited to the Palestine Liberation 
Organization, or citizens, nationals or residents of any 
country listed by the Secretary of State under section 6(j) of 
the Export Administration Act of 1979 as having repeatedly 
provided support for acts of international terrorism, to sit in 
judgement \5\ on American citizens.
---------------------------------------------------------------------------
    \5\ As enrolled. Should read ``judgment''.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

                       PART B--SPOILS OF WAR ACT

SEC. 551.\6\ SHORT TITLE.

    This part may be cited as the ``Spoils of War Act of 
1994''.
---------------------------------------------------------------------------
    \6\ 50 U.S.C. 2201 note.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 553.\7\ PROHIBITION ON TRANSFERS TO COUNTRIES WHICH SUPPORT 
                    TERRORISM.

    Spoils of war in the possession, custody, or control of the 
United States may not be transferred to any country determined 
by the Secretary of State, for purposes of section 40 of the 
Arms Export Control Act, to be a nation whose government has 
repeatedly provided support for acts of international 
terrorism.
---------------------------------------------------------------------------
    \7\ 50 U.S.C. 2202.

           *       *       *       *       *       *       *


   5. Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

Partial text of Public Law 102-138 [H.R. 1415], 105 Stat. 647, approved 
                      October 28, 1991, amended by

 AN ACT To authorize appropriations for fiscal years 1992 and 1993 for 
            the Department of State, 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.\1\ SHORT TITLE.

    This Act may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2651 note.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

           TITLE III--MISCELLANEOUS FOREIGN POLICY PROVISIONS

PART A--FOREIGN POLICY PROVISIONS  

           *       *       *       *       *       *       *


SEC. 304. REPORT ON TERRORIST ASSETS IN THE UNITED STATES.

  (a) Reports to Congress.--Beginning 90 days after the date of 
enactment of this Act and every 365 days thereafter, the 
Secretary of the Treasury, in consultation with the Attorney 
General and appropriate investigative agencies,\2\ shall submit 
to the Committee on Foreign Relations and the Committee on 
Finance of the Senate and the Committee on Foreign Affairs \3\ 
and the Committee on Ways and Means of the House of 
Representatives a report describing the nature and extent of 
assets held in the United States by terrorist countries and any 
organization engaged in international terrorism. Each such 
report shall provide a detailed list and description of 
specific assets.\4\
---------------------------------------------------------------------------
    \2\ Sec. 133(b)(2)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 396), struck 
out ``Treasury'' and inserted in lieu thereof ``Treasury, in 
consultation with the Attorney General and appropriate investigative 
agencies,''.
    \3\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
    \4\ Sec. 133(b)(2)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 396), added 
this sentence.
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  (b) Definitions.--For purposes of this section--
          (1) the term ``terrorist countries'', refers to 
        countries designated by the Secretary of State under 
        section 40(d) of the Arms Export Control Act; and
          (2) the term ``international terrorism'' has the 
        meaning given such term in section 140(d) of the 
        Foreign Relations Authorization Act, Fiscal Years 1988 
        and 1989.

   6. Foreign Relations Authorization Act, Fiscal Years 1988 and 1989

    Partial text of Public Law 100-204 [H.R. 1777], 101 Stat. 1331, 
                 approved December 22, 1987, as amended

 AN ACT To authorize appropriations for fiscal years 1988 and 1989 for 
  the Department of State, the United States Information Agency, the 
  Voice of America, the Board for International Broadcasting, 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.\1\ SHORT TITLE AND TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2651 note.

           *       *       *       *       *       *       *

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                    TITLE I--THE DEPARTMENT OF STATE

Part B--Department of State Authorities and Activities

           *       *       *       *       *       *       *


SEC. 140.\2\ ANNUAL COUNTRY REPORTS ON TERRORISM.

  (a) Requirement of Annual Country Reports on Terrorism.--The 
Secretary of State shall transmit to the Speaker of the House 
of Representatives and the Committee on Foreign Relations of 
the Senate, by April 30 \3\ of each year, a full and complete 
report providing--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2656f.
    \3\ Sec. 122 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 27), struck out 
``March 31'' and inserted in lieu thereof ``April 30''.
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          (1) detailed assessments with respect to each foreign 
        country--
                  (A) in which acts of international terrorism 
                occurred which were, in the opinion of the 
                Secretary, of major significance;
                  (B) about which the Congress was notified 
                during the preceding five years pursuant to 
                section 6(j) of the Export Administration Act 
                of 1979; and
                  (C) which the Secretary determines should be 
                the subject of such report; \4\
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    \4\ Sec. 578(1) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of 
the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-208; 
110 Stat. 3009), struck out ``and'' at the end of para. (1), struck out 
a period at the end of para. (2) and inserted instead a semicolon, and 
added new paras. (3) and (4).
---------------------------------------------------------------------------
          (2) all relevant information about the activities 
        during the preceding year of any terrorist group, and 
        any umbrella group under which such terrorist group 
        falls, known to be responsible for the kidnapping or 
        death of an American citizen during the preceding five 
        years, any terrorist group known to be financed by 
        countries about which Congress was notified during the 
        preceding year pursuant to section 6(j) of the Export 
        Administration Act of 1979, and any other known 
        international terrorist group which the Secretary 
        determines should be the subject of such report; \4\
          (3) \4\ with respect to each foreign country from 
        which the United States Government has sought 
        cooperation during the previous five years in the 
        investigation or prosecution of an act of international 
        terrorism against United States citizens or interests, 
        information on--
                  (A) the extent to which the government of the 
                foreign country is cooperating with the United 
                States Government in apprehending, convicting, 
                and punishing the individual or individuals 
                responsible for the act; and
                  (B) the extent to which the government of the 
                foreign country is cooperating in preventing 
                further acts of terrorism against United States 
                citizens in the foreign country; and
          (4) \4\ with respect to each foreign country from 
        which the United States Government has sought 
        cooperation during the previous five years in the 
        prevention of an act of international terrorism against 
        such citizens or interests, the information described 
        in paragraph (3)(B).
  (b) Provisions To Be Included in Report.--The report required 
under subsection (a) should to the extent feasible include (but 
not be limited to)--
          (1) with respect to subsection (a)(1)--
                  (A) a review of major counterterrorism 
                efforts undertaken by countries which are the 
                subject of such report, including, as 
                appropriate, steps taken in international fora;
                  (B) the response of the judicial system of 
                each country which is the subject of such 
                report with respect to matters relating to 
                terrorism affecting American citizens or 
                facilities, or which have, in the opinion of 
                the Secretary, a significant impact on United 
                States counterterrorism efforts, including 
                responses to extradition requests; and
                  (C) significant support, if any, for 
                international terrorism by each country which 
                is the subject of such report, including (but 
                not limited to)--
                          (i) political and financial support;
                          (ii) diplomatic support through 
                        diplomatic recognition and use of the 
                        diplomatic pouch;
                          (iii) providing sanctuary to 
                        terrorists or terrorist groups; and
                          (iv) the positions (including voting 
                        records) on matters relating to 
                        terrorism in the General Assembly of 
                        the United Nations and other 
                        international bodies and fora of each 
                        country which is the subject of such 
                        report; and
          (2) with respect to subsection (a)(2), any--
                  (A) significant financial support provided by 
                foreign governments to those groups directly, 
                or provided in support of their activities;
                  (B) provisions of significant military or 
                paramilitary training or transfer of weapons by 
                foreign governments to those groups;
                  (C) provision of diplomatic recognition or 
                privileges by foreign governments to those 
                groups;
                  (D) provision by foreign governments of 
                sanctuary from prosecution to these groups or 
                their members responsible for the commission, 
                attempt, or planning of an act of international 
                terrorism; and
                  (E) efforts by the United States to eliminate 
                international financial support provided to 
                those groups directly or provided in support of 
                their activities.
  (c) Classification of Report.--
          (1) Except as provided in paragraph (2),\5\ the 
        report required under subsection (a) shall, to the 
        extent practicable, be submitted in an unclassified 
        form and may be accompanied by a classified appendix.
---------------------------------------------------------------------------
    \5\ Sec. 578(2)(A) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of 
the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-208; 
110 Stat. 3009), struck out ``The report'' in subsec. (c) and inserted 
in lieu thereof ``(1) Except as provided in paragraph (2), the 
report''. Sec. 578(2)(B) of that Act also indented para. (1).
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          (2) \6\ If the Secretary of State determines that the 
        transmittal of the information with respect to a 
        foreign country under paragraph (3) or (4) of 
        subsection (a) in classified form would make more 
        likely the cooperation of the government of the foreign 
        country as specified in such paragraph, the Secretary 
        may transmit the information under such paragraph in 
        classified form.
---------------------------------------------------------------------------
    \6\ Sec. 578(2)(C) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of 
the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-208; 
110 Stat. 3009), added para. (2).
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  (d) Definitions.--As used in this section--
          (1) the term ``international terrorism'' means 
        terrorism involving citizens or the territory of more 
        than 1 country;
          (2) the term ``terrorism'' means premeditated, 
        politically motivated violence perpetrated against 
        noncombatant targets by subnational groups or 
        clandestine agents; and
          (3) the term ``terrorist group'' means any group 
        practicing, or which has significant subgroups which 
        practice, international terrorism.
  (e) Reporting Period.--
          (1) The report required under subsection (a) shall 
        cover the events of the calendar year preceding the 
        year in which the report is submitted.
          (2) The report required by subsection (a) to be 
        submitted by March 31, 1988, may be submitted no later 
        than August 31, 1988.

  7. Department of State and Related Agencies Appropriations Act, 1999

Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency 
 Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681-92, 
approved October 21, 1998

           *       *       *       *       *       *       *


    Sec. 101. * * *
    (b) For programs, projects, or activities in the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1999, provided as follows, 
to be effective as if it had been enacted into law as the 
regular appropriations Act:

AN ACT Making appropriations for the Departments of Commerce, Justice, 
  and State, the Judiciary, and related agencies for the fiscal year 
ending September 30, 1999, and for other purposes.

           *       *       *       *       *       *       *


           TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    For necessary expenses of the Department of State and the 
Foreign Service not otherwise provided for, including expenses 
authorized by the State Department Basic Authorities Act of 
1956, as amended; representation to certain international 
organizations in which the United States participates pursuant 
to treaties, ratified pursuant to the advice and consent of the 
Senate, or specific Acts of Congress; acquisition by exchange 
or purchase of passenger motor vehicles as authorized by 31 
U.S.C. 1343, 40 U.S.C. 481(c), and 22 U.S.C. 2674; and for 
expenses of general administration, $1,644,300,000: Provided, 
That, of the amount made available under this heading, not to 
exceed $4,000,000 may be transferred to, and merged with, funds 
in the ``Emergencies in the Diplomatic and Consular Service'' 
appropriations account, to be available only for emergency 
evacuations and terrorism rewards: * * *

           *       *       *       *       *       *       *


     8. Emergency Supplemental Appropriations for Fiscal Year 1999

 Partial text of Title II of division B of Public Law 105-277 [Omnibus 
 Consolidated and Emergency Supplemental Appropriations Act for Fiscal 
  Year 1999; H.R. 4328], 112 Stat. 2681-565, approved October 21, 1998

DIVISION B--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

           *       *       *       *       *       *       *


                        TITLE II--ANTITERRORISM

CHAPTER 1

           *       *       *       *       *       *       *


                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Diplomatic 
and Consular Programs'', $773,700,000, to remain available 
until expended, of which $25,700,000 shall be available only to 
the extent that an official budget request that includes the 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided, That as determined by the 
Secretary of State, such funds may be used to procure services 
and equipment overseas necessary to improve worldwide security 
and reconstitute embassy operations in Kenya and Tanzania on 
behalf of any other agency: Provided further, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                         salaries and expenses

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Salaries 
and Expenses'', $12,000,000, to remain available until 
expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                      office of inspector general

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Office of 
Inspector General'', $1,000,000, to remain available until 
expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

           security and maintenance of united states missions

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Security 
and Maintenance of United States Missions'', $627,000,000, to 
remain available until expended; of which $56,000,000 is for 
security projects, relocations, and security equipment on 
behalf of missions of other U.S. Government agencies, which 
amount may be transferred to any appropriation for this 
purpose, to be merged with and available for the same time 
period as the appropriation to which transferred; and of which 
$185,000,000 is for capital improvements or relocation of 
office and residential facilities to improve security, which 
amount shall become available fifteen days after notice thereof 
has been transmitted to the Appropriations Committees of both 
Houses of Congress: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

           emergencies in the diplomatic and consular service

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Emergencies 
in the Diplomatic and Consular Service'', $10,000,000, to 
remain available until expended: Provided, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                   9. Hostage Relief Act of 1980 \1\

Public Law 96-449 [H.R. 7085], 94 Stat. 1967, approved October 14, 1980

AN ACT To provide certain benefits to individuals held hostage in Iran 
     and to similarly situated individuals, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Hostage Relief Act of 1980''.

                  TITLE I--SPECIAL PERSONNEL BENEFITS

                              definitions

    Sec. 101. For purposes of this title--
---------------------------------------------------------------------------
    \1\ 5 U.S.C. 5561 note. See also sec. 599C of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1991 (Public Law 101-513; 104 Stat. 2064), as amended by sec. 302 of 
Public Law 102-138 (105 Stat. 707), and further amended by sec. 5 of 
Public Law 102-499 (106 Stat. 3266), relating to benefits for U.S. 
hostages in Iraq and Kuwait and U.S. hostages captured in Lebanon.
---------------------------------------------------------------------------
          (1) The term ``American hostage'' means any 
        individual who, while--
                  (A) in the civil service or the uniformed 
                services of the United States, or
                  (B) a citizen or resident alien of the United 
                States rendering personal service to the United 
                States abroad similar to the service of a civil 
                officer or employee of the United States (as 
                determined by the Secretary of State),
        is placed in a captive status during the hostage 
        period.
          (2) The term ``hostage period'' means the period 
        beginning on November 4, 1979, and ending on the later 
        of--
                  (A) the date the President specifies, by 
                Executive order, as the date on which all 
                citizens and resident aliens of the United 
                States who were placed in a captive status due 
                to the seizure of the United States Embassy in 
                Iran have been returned to the United States or 
                otherwise accounted for, or
                  (B) January 1, 1983.
          (3) The term ``family member'', when used with 
        respect to any American hostage, means--
                  (A) any dependent (as defined in section 5561 
                of title 5, United States Code) of such 
                hostage; and
                  (B) any member of the hostage's family or 
                household (as determined under regulations 
                which the Secretary of State shall prescribe).
          (4) The term ``captive status'' means a missing 
        status arising because of a hostile action abroad--
                  (A) which is directed against the United 
                States during the hostage period; and
                  (B) which is identified by the Secretary of 
                State in the Federal Register.
          (5) The term ``missing status''--
                  (A) in the case of employees, has the meaning 
                given it in section 5561(5) of title 5, United 
                States Code;
                  (B) in the case of members of the uniformed 
                services, has the meaning given it in section 
                551(2) of title 37, United States Code; and
                  (C) in the case of other individuals, has a 
                similar meaning as that provided under such 
                sections, as determined by the Secretary of 
                State.
          (6) The terms ``pay and allowances'', ``employee'', 
        and ``agency'' have the meanings given to such terms in 
        section 5561 of title 5, United States Code, and the 
        terms ``civil service'', ``uniformed services'', and 
        ``armed forces'' have the meanings given to such terms 
        in section 2101 of such title 5.

       pay and allowances may be allotted to special savings fund

    Sec. 102. (a) The Secretary of the Treasury shall establish 
a savings fund to which the head of an agency may allot all or 
any portion of the pay and allowances of any American hostage 
which are for pay periods during which the American hostage is 
in a captive status and which are not subject to an allotment 
under section 5563 of title 5, United States Code, under 
section 553 of title 37, United States Code, or under any other 
provision of law.
    (b) Amounts so allotted to the savings fund shall bear 
interest at a rate which, for any calendar quarter, shall be 
equal to the average rate paid on United States Treasury bills 
with three-month maturities issued during the preceding 
calendar quarter. Such interest shall be compounded quarterly.
    (c) Amounts may be allotted to the savings fund from pay 
and allowances for any pay period ending after November 4, 
1979, and before the establishment of the savings fund. 
Interest on amounts allotted from the pay and allowances for 
any such pay period shall be calculated as if the allotment had 
occurred at the end of the pay period.
    (d) Amounts in the savings fund credited to any American 
hostage shall be considered as pay and allowances for purposes 
of section 5563 of title 5, United States Code (or in the case 
of a member of the uniformed services, for purposes of section 
553 of title 37, United States Code) and shall otherwise be 
subject to withdrawal under procedures which the Secretary of 
the Treasury shall establish.

              medical and health care and related expenses

    Sec. 103. Under regulations prescribed by the President, 
the head of an agency may pay (by advancement or reimbursement) 
any individual who is an American hostage, or any family member 
of such an individual, for medical and health care, and other 
expenses related to such care, to the extent such care--
          (1) is incident to that individual being an American 
        hostage; and
          (2) is not covered by insurance.

                         education and training

    Sec. 104. (a)(1) Under regulations prescribed by the 
President, the head of an agency shall pay (by advancement or 
reimbursement) a spouse or child of an American hostage for 
expenses incurred for subsistence, tuition, fees, supplies, 
books, and equipment, and other educational expenses, while 
attending an educational or training institution.
    (2) Except as provided in paragraph (3), payments shall be 
available under this subsection for a spouse or child of an 
individual who is an American hostage for education or training 
which occurs--
          (A) after the nineteenth day after the date the 
        individual is placed in a captive status, and
          (B) on or before--
                  (i) the end of any semester or quarter (as 
                appropriate) which begins before the date on 
                which the hostage ceases to be in a captive 
                status, or
                  (ii) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course which began before such date or the end 
                of the twelve-week period following that date.
In order to respond to special circumstances, the President may 
specify a date for purposes of cessation of assistance under 
subparagraph (B) which is later than the date which would 
otherwise apply under subparagraph (B).
    (3) In the event an American hostage dies and the death is 
incident to that individual being an American hostage, payments 
shall be available under this subsection for a spouse or child 
of an individual who is an American hostage for education or 
training which occurs after the date of death.
    (4) The preceding provisions of this subsection shall not 
apply with respect to any spouse or child who is eligible for 
assistance under chapter 35 of title 38, United States Code.
    (b)(1) In order to respond to special circumstances, the 
head of an agency may, under regulations prescribed by the 
President, pay (by advancement or reimbursement) an American 
hostage for expenses incurred for subsistence, tuition, fees, 
supplies, books, and equipment, and other educational expenses, 
while attending an educational or training institution.
    (2) Payments shall be available under this subsection for 
an American hostage for education or training which occurs--
          (A) after the termination of such hostages' captive 
        status, and
          (B) on or before--
                  (i) the end of any semester or quarter (as 
                appropriate) which begins before the date which 
                is 10 years after the day on which the hostage 
                ceases to be in a captive status, or
                  (ii) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course which began before such date or the end 
                of the twelve-week period following that date.
    (c) Assistance under this section shall be discontinued for 
any individual whose conduct or progress is unsatisfactory 
under standards consistent with those established pursuant to 
section 1724 of title 38, United States Code.
    (d) In no event may assistance be provided under this 
section for any individual for a period in excess of forty-five 
months (or the equivalent thereof in part-time education or 
training).
    (e) Regulations prescribed by the President under this 
section shall provide that the program under this section be 
consistent with the assistance program under chapters 35 and 36 
of title 38, United States Code.

  extension of applicability of certain benefits of the soldiers' and 
                   sailors' civil relief act of 1940

    Sec. 105. (a) Under regulations prescribed by the 
President, an American hostage is entitled to the benefits 
provided by the Soldiers' and Sailors' Civil Relief Act of 1940 
(50 U.S.C. App. 501 et seq.), including the benefits provided 
by section 701 (50 U.S.C. App. 591) but excluding the benefits 
provided by sections 104, 105, 106, 400 through 408, 501 
through 512, and 514 (50 U.S.C. App. 514, 515, 516, 540 through 
548, 561 through 572, and 574).
    (b) In applying such Act for purposes of this section--
          (1) the term ``person in the military service'' is 
        deemed to include any such American hostage;
          (2) the term ``period of military service'' is deemed 
        to include the period during which such American 
        hostage is in a captive status; and
          (3) references to the Secretary of the Army, the 
        Secretary of the Navy, the Adjutant General of the 
        Army, the Chief of Naval Personnel, and the Commandant, 
        United States Marine Corps, are deemed to be references 
        to the Secretary of State.
    (c) The preceding provisions of this section shall not 
apply with respect to any American hostage covered by such 
provisions of the Soldiers' and Sailors' Civil Relief Act of 
1940 by reason of being in the Armed Forces.

                   applicability to colombian hostage

    Sec. 106. Notwithstanding the requirements of section 
101(1), for purposes of this title, Richard Starr of Edmonds, 
Washington, who, as a Peace Corps volunteer, was held captive 
in Colombia and released on or about February 10, 1980, shall 
be held and considered to be an American hostage placed in a 
captive status on November 4, 1979.

                             effective date

    Sec. 107. The preceding provisions of this title shall take 
effect as of November 4, 1979.

                        TITLE II--TAX PROVISIONS

                compensation excluded from gross income

    Sec. 201. For purposes of the Internal Revenue Code of 
1986,\2\ the gross income of an individual who was at any time 
an American hostage does not include compensation from the 
United States received for any month during any part of which 
such individual was--
---------------------------------------------------------------------------
    \2\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100 
Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted 
in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited 
in any law.
---------------------------------------------------------------------------
          (1) in captive status, or
          (2) hospitalized as a result of such individual's 
        captive status.

    income taxes of hostage where death results from captive status

    Sec. 202. (a) General Rule.--In the case of an individual 
who was at any time an American hostage and who dies as a 
result of injury or disease or physical or mental disability 
incurred or aggravated while such individual was in captive 
status--
          (1) any tax imposed by subtitle A of the Internal 
        Revenue Code of 1986 \2\ shall not apply with respect 
        to--
                  (A) the taxable year in which falls the date 
                of such individual's death, or
                  (B) any prior taxable year ending on or after 
                the first day such individual was in captive 
                status, and
          (2) any tax imposed under such subtitle A for taxable 
        years preceding those specified in paragraph (1) which 
        is unpaid at the date of such individual's death 
        (including interest, additions to the tax, and 
        additional amounts)--
                  (A) shall not be assessed,
                  (B) if assessed, the assessment shall be 
                abated, and
                  (C) if collected, shall be credited or 
                refunded as an overpayment.
    (b) Death Must Occur Within 2 Years of Cessation of Captive 
Status.--This section shall not apply unless the death of the 
individual occurs within 2 years after such individual ceases 
to be in captive status.

                      spouse may file joint return

    Sec. 203. (a) General Rule.--If an individual is an 
American hostage who is in captive status, such individual's 
spouse may elect to file a joint return under section 6013(a) 
of the Internal Revenue Code of 1986 \2\ for any taxable year--
          (1) which begins on or before the day which is 2 
        years after the date on which the hostage period ends, 
        and
          (2) for which such spouse is otherwise entitled to 
        file such a joint return.
    (b) Certain Rules Made Applicable.--For purposes of 
subsection (a), paragraphs (2) and (4) of section 6013(f) of 
such Code (relating to joint return where individual is in 
missing status) shall apply as if the election described in 
subsection (a) of this section were an election described in 
paragraph (1) of such section 6013(f).

 time for performing certain acts postponed by reason of captive status

    Sec. 204. (a) General Rule.--In the case of any individual 
who was at any time an American hostage, any period during 
which he was in captive status (and any period during which he 
was outside the United States and hospitalized as a result of 
captive status), and the next 180 days thereafter, shall be 
disregarded in determining, under the internal revenue laws, in 
respect of any tax liability (including any interest, penalty, 
additional amount, or addition to the tax) of such individual--
          (1) whether any of the acts specified in paragraph 
        (1) of section 7508(a) of the Internal Revenue Code of 
        1986 \2\ was performed within the time prescribed 
        therefor, and
          (2) the amount of any credit or refund (including 
        interest).
    (b) Application to Spouse.--The provisions of this section 
shall apply to the spouse of any individual entitled to the 
benefits of subsection (a). The preceding sentence shall not 
cause this section to apply to any spouse for any taxable year 
beginning more than 2 years after the date on which the hostage 
period ends.
    (c) Section 7508(d) Made Applicable.--Subsection (d) of 
section 7508 of the Internal Revenue Code of 1986 \2\ shall 
apply to subsection (a) in the same manner as if the benefits 
of subsection (a) were provided by subsection (a) of such 
section 7508.

                     definitions and special rules

    Sec. 205. (a) American Hostage.--For purposes of this 
title, the term ``American hostage'' means any individual who, 
while--
          (1) in the civil service or the uniformed services of 
        the United States, or
          (2) a citizen or resident alien of the United States 
        rendering personal service to the United States abroad 
        similar to the service of a civil officer or employee 
        of the United States (as determined by the Secretary of 
        State),
is placed in a captive status during the hostage period.
    (b) Hostage Period.--For purposes of this title, the term 
``hostage period'' means the period beginning on November 4, 
1979, and ending on whichever of the following dates is the 
earlier:
          (1) the date the President specifies, by Executive 
        order, as the date on which all citizens and resident 
        aliens of the United States who were placed in a 
        captive status due to the seizure of the United States 
        Embassy in Iran have been returned to the United States 
        or otherwise accounted for, or
          (2) December 31, 1981.
    (c) Captive Status.--For purposes of this title--
          (1) In general.--The term ``captive status'' means a 
        missing status arising because of a hostile action 
        abroad--
                  (A) which is directed against the United 
                States during the hostage period, and
                  (B) which is identified by the Secretary of 
                State in the Federal Register.
          (2) Missing status defined.--The term ``missing 
        status''--
                  (A) in the case of employees, has the meaning 
                given it in section 5561(5) of title 5, United 
                States Code,
                  (B) in the case of members of the uniformed 
                services, has the meaning given it in section 
                551(2) of title 37, United States Code, and
                  (C) in the case of other individuals, has a 
                similar meaning as that provided under such 
                sections, as determined by the Secretary of 
                State.
          For purposes of the preceding sentence, the term 
        ``employee'' has the meaning given to such term by 
        section 5561(2) of title 5, United States Code.
    (d) Hospitalized as a Result of Captive Status.--
          (1) In general.--For purposes of this title, an 
        individual shall be treated as hospitalized as a result 
        of captive status if such individual is hospitalized as 
        a result of injury or disease or physical or mental 
        disability incurred or aggravated while such individual 
        was in captive status.
          (2) 2-year limit.--Hospitalization shall be taken 
        into account for purposes of paragraph (1) only if it 
        is hospitalization--
                  (A) occurring on or before the day which is 2 
                years after the date on which the individual's 
                captive status ends (or, if earlier, the date 
                on which the hostage period ends), or
                  (B) which is part of a continuous period of 
                hospitalization which began on or before the 
                day determined under subparagraph (A).
    (e) Civil Service; Uniformed Services.--For purposes of 
this section, the terms ``civil service'' and ``uniformed 
services'' have the meanings given to such terms by section 
2101 of title 5, United States Code.
    (f) Application of Title to All Tehran Hostages.--In the 
case of any citizen or resident alien of the United States who 
is determined by the Secretary of State to have been held 
hostage in Tehran at any time during November 1979, for 
purposes of this title--
          (1) such individual shall be treated as an American 
        hostage whether or not such individual meets the 
        requirements of paragraph (1) or (2) of subsection (a), 
        and
          (2) if such individual was not in the civil service 
        or the uniformed services of the United States--
                  (A) section 201 shall be applied by 
                substituting ``earned income (as defined in 
                section 911(b) of the Internal Revenue Code of 
                1986) \2\ attributable to'' for ``compensation 
                from the United States received for'', and
                  (B) the amount excluded from gross income 
                under section 201 for any month shall not 
                exceed the monthly equivalent of the annual 
                rate of basic pay payable for level V of the 
                Executive Schedule.
    (g) Application of Title to Individual Held Captive in 
Colombia.--For purposes of this title, Richard Starr of 
Edmonds, Washington, who, as a Peace Corps volunteer, was held 
captive in Colombia, shall be treated as an American hostage 
who was in captive status beginning on November 4, 1979, and 
ending on February 10, 1980.
    (h) Special Rules.--
          (1) Compensation.--For purposes of this title, the 
        term ``compensation'' shall not include any amount 
        received as an annuity or as retirement pay.
          (2) Wage withholding.--Any amount excluded from gross 
        income under section 201 shall not be treated as wages 
        for purposes of chapter 24 of the Internal Revenue Code 
        of 1986.\2\

                   study of tax treatment of hostages

    Sec. 206. (a) Study.--The Chief of Staff of the Joint 
Committee on Taxation shall study all aspects of the tax 
treatment of citizens and resident aliens of the United States 
who are taken hostage or are otherwise placed in a missing 
status.
    (b) Report.--The Chief of Staff of the Joint Committee on 
Taxation shall, before July 1, 1981, report the results of the 
study made pursuant to subsection (a) to the Committee on Ways 
and Means of the House of Representatives and the Committee on 
Finance of the Senate.

              TITLE III--TREATMENT OF THE HOSTAGES IN IRAN

                 visits by the international red cross

    Sec. 301. (a) The Congress finds that--
          (1) the continued illegal and unjustified detention 
        of the American hostages by the Government of Iran has 
        resulted in the deterioration of relations between the 
        United States and Iran; and
          (2) the protracted length and the conditions of their 
        confinement have reportedly endangered the physical and 
        mental well-being of the hostages.
    (b) Therefore, it is the sense of the Congress that the 
President should make a formal request of the International 
Committee of the Red Cross to--
          (1) make regular and periodic visits to the American 
        hostages being held in Iran for the purpose of 
        determining whether the hostages are being treated in a 
        humane and decent manner and whether they are receiving 
        proper medical attention;
          (2) urge other countries to solicit the cooperation 
        of the Government of Iran in the visits to the hostages 
        by the International Committee of the Red Cross; and
          (3) report to the United States its findings after 
        each such visit.
=======================================================================




          C. ANTITERRORISM AND DIPLOMATIC SECURITY LEGISLATION

                                CONTENTS

                                                                   Page

1. Antiterrorism and Effective Death Penalty Act of 1996 (Public 
    Law 104-132) (partial text)..................................   105
      Title II--Justice for Victims..............................   105
      Title III--International Terrorism Prohibitions............   106
      Title V--Nuclear, Biological, and Chemical Weapons 
          Restrictions...........................................   110
      Title VI--Implementation of Plastic Explosives Convention..   115
      Title VII--Criminal Law Modifications to Counter Terrorism.   116
      Title VIII--Assistance to Law Enforcement..................   117
2. Omnibus Diplomatic Security and Antiterrorism Act of 1986, as 
    amended (Public Law 99-399) (partial text)...................   121
      Title I--Diplomatic Security...............................   123
      Title II--Personnel........................................   127
      Title III--Performance and Accountability..................   128
      Title IV--Diplomatic Security Program......................   132
      Title V--State Department Authorities to Combat 
          International Terrorism................................   139
      Title VI--International Nuclear Terrorism..................   139
      Title VII--Multilateral Cooperation to Combat International 
          Terrorism..............................................   141
      Title VIII--Victims of Terrorism Compensation..............   142
      Title IX--Maritime Security................................   153
      Title XI--Security at Military Bases Abroad................   157
      Title XII--Criminal Punishment of International Terrorism..   158
3. Crimes and Criminal Procedure (Title 18, United States Code) 
    (partial text)...............................................   160
      Part 1--Crimes.............................................   160
            Chapter 1--General provisions........................   160
                Section 7--Special Maritime and Territorial 
                  Jurisdiction of the United States Defined......   160
            Chapter 2--Aircraft and Motor Vehicles...............   161
                Section 32--Destruction of Aircraft or Aircraft 
                  Facilities.....................................   161
                Section 37--Violence at International Airports...   162
            Chapter 7--Assault...................................   163
                Section 112--Protection of Foreign Officials, 
                  Official Guests, and Internationally Protected 
                  Persons........................................   163
            Chapter 10--Biological Weapons.......................   164
                Section 175--Prohibitions with Respect to 
                  Biological Weapons.............................   164
                Section 175a--Requests for Military Assistance to 
                  Enforce Prohibition in Certain Emergencies.....   165
                Section 176--Seizure, Forfeiture, and Destruction   165
                Section 177--Injunctions.........................   165
                Section 178--Definitions.........................   166
            Chapter 39--Explosives and combustibles..............   166
                Section 831--Prohibited Transactions Involving 
                  Nuclear Materials..............................   166
            Chapter 41--Extortion and threats....................   170
                Section 878--Threats and Extortion Against 
                  Foreign Officials, Official Guests, or 
                  Internationally Protected Persons..............   170
            Chapter 44--Firearms.................................   170
                Section 922--Includes Undetectable Firearms Act 
                  of 1988........................................   170
                Section 924--Penalties...........................   171
            Chapter 45--Foreign relations........................   177
                Section 970--Protection of Property Occupied by 
                  Foreign Governments............................   177
            Chapter 51--Homicide.................................   178
                Section 1116--Murder or Manslaughter of Foreign 
                  Officials, Official Guests, or Internationally 
                  Protected Persons..............................   178
                Section 1117--Conspiracy to Murder...............   180
            Chapter 55--Kidnapping...............................   180
                Section 1201--Kidnapping.........................   180
                Section 1203--Hostage Taking.....................   180
            Chapter 75--Passports and Visas......................   182
                Section 1541--Issuance without Authority.........   182
                Section 1542--False Statement in Application and 
                  Use of Passport................................   182
                Section 1543--Forgery or False Use of Passport...   183
                Section 1544--Misuse of Passport.................   183
                Section 1545--Safe Conduct Violation.............   183
                Section 1546--Fraud and Misuse of Visas, Permits, 
                  and Other Documents............................   183
            Chapter 111--Shipping................................   185
                Section 2280--Violence Against Maritime 
                  Navigation.....................................   185
                Section 2281--Violence Against Maritime Fixed 
                  Platforms......................................   187
            Chapter 113B--Terrorism..............................   189
                Section 2331--Definitions........................   189
                Section 2332--Criminal Penalties.................   190
                Section 2332a--Use of Weapons of Mass Destruction   191
                Section 2332b--Acts of Terrorism Transcending 
                  National Boundaries............................   192
                Section 2332c--Use of Chemical Weapons...........   195
                Section 2332d--Financial Transactions............   195
                Section 2332e--Requests for Military Assistance 
                  to Enforce Prohibition in Certain Emergencies..   196
                Section 2333--Civil Remedies.....................   196
                Section 2334--Jurisdiction and Venue.............   196
                Section 2335--Limitation of Actions..............   197
                Section 2336--Other Limitations..................   197
                Section 2337--Suits Against Government Officials.   198
                Section 2338--Exclusive Federal Jurisdiction.....   198
                Section 2339A--Providing Material Support to 
                  Terrorists.....................................   198
                Section 2339B--Providing Material Support or 
                  Resources to Designated Foreign Terrorist 
                  Organizations..................................   198
            Chapter 204--Rewards for Information Concerning 
                Terrorist Acts...................................   202
                Section 3071--Information for Which Rewards 
                  Authorized.....................................   202
                Section 3072--Determination of Entitlement; 
                  Maximum Amount; Presidential Approval; 
                  Conclusiveness.................................   202
                Section 3073--Protection of Identity.............   203
                Section 3074--Exception of Governmental Officials   203
                Section 3075--Authorization for Appropriations...   203
                Section 3076--Eligibility for Witness Security 
                  Program........................................   203
                Section 3077--Definitions........................   203
            Chapter 213--Limitations.............................   204
                Section 3286--Extension of Statute of Limitation 
                  for Certain Terrorism Offenses.................   204
                Section 3291--Nationality, Citizenship and 
                  Passports......................................   205
            Chapter 228--Death sentence..........................   205
                Section 3592--Mitigating and aggravating factors 
                  to be considered in determining whether a 
                  sentence of death is justified; include (c)(9).   205
4. Violent Crime Control and Law Enforcement Act of 1994 (Public 
    Law 103-322) (partial text)..................................   209
      Title XI--Terrorism........................................   209
            Section 120004--Sentencing Guidelines Increase for 
                Terrorist Crimes.................................   209
5. Act for the Protection of Foreign Officials and Official 
    Guests of the United States (Public Law 92-539) (partial 
    text)........................................................   210
6. Anti-Terrorism and Arms Export Amendments Act of 1989 (Public 
    Law 101-222) (partial text)..................................   211
      Section 10--Self-Defense in Accordance with International 
          Law....................................................   211
7. Biological Weapons Anti-Terrorism Act of 1989 (Public Law 101-
    298) (partial text)..........................................   212
      Section 2--Purpose and Intent..............................   212
8. 1984 Act To Combat International Terrorism, as amended (Public 
    Law 98-533) (partial text)...................................   213
      Title II--International Cooperation........................   213
      Title III--Security of United States Missions Abroad.......   214
9. Foreign Sovereign Immunities (Title 28, United States Code) 
    (partial text)...............................................   215
      Chapter 85--District Courts; Jurisdiction..................   215
            Section 1330--Actions against Foreign States.........   215
      Chapter 97--Jurisdictional Immunities of Foreign States....   215

=======================================================================

        1. Antiterrorism and Effective Death Penalty Act of 1996

 Partial text of Public Law 104-132 [S. 735], 110 Stat. 1214, approved 
                             April 24, 1996




          Note.--Except for the provisions noted below, the 
        Antiterrorism and Effective Death Penalty Act of 1996 
        amends other legislation and has been incorporated into 
        those laws, or consists of legislation not generally 
        related to foreign policy. Complete text of the Act may 
        be found at 110 Stat. 1214.




AN ACT To deter terrorism, provide justice for victims, provide for an 
            effective death penalty, 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 ``Antiterrorism and Effective 
Death Penalty Act of 1996''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows: * * *

           *       *       *       *       *       *       *


TITLE II--JUSTICE FOR VICTIMS

           *       *       *       *       *       *       *


     Subtitle B--Jurisdiction for Lawsuits Against Terrorist States

SEC. 221.\1\ JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES. * * *
---------------------------------------------------------------------------

    \1\ Sec. 221 amended 28 USC 1605 and 1610, relating to foreign 
sovereign immunity. See Sec. C.9.
---------------------------------------------------------------------------

             Subtitle C--Assistance to Victims of Terrorism

SEC. 231. SHORT TITLE.

    This subtitle may be cited as the ``Justice for Victims of 
Terrorism Act of 1996''.

SEC. 232. VICTIMS OF TERRORISM ACT.

    (a) Authority To Provide Assistance and Compensation to 
Victims of Terrorism.--The Victims of Crime Act of 1984 (42 
U.S.C. 10601 et seq.) is amended by inserting after section 
1404A the following new section:

``SEC. 1404B.\2\ COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR 
                    MASS VIOLENCE.

    ``(a) Victims of Acts of Terrorism Outside the United 
States.--The Director \3\ may make supplemental grants as 
provided in section 1404(a) to States to provide compensation 
and assistance to the residents of such States who, while 
outside of the territorial boundaries of the United States, are 
victims of a terrorist act or mass violence and are not persons 
eligible for compensation under title VIII of the Omnibus 
Diplomatic Security and Antiterrorism Act of 1986.
---------------------------------------------------------------------------
    \2\ 42 U.S.C. 10603b.
    \3\ Director of the Crime Victims Fund, Department of the Treasury, 
as established by the Victims of Crime Act of 1984 (title II of Public 
Law 98-473; 42 U.S.C. 10601 et seq..).

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 233. COMPENSATION OF VICTIMS OF TERRORISM.

    (a) * * *
    (b) \4\ Foreign Terrorism.--Section 1403(b)(6)(B) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is 
amended by inserting ``are outside of the United States (if the 
compensable crime is terrorism, as defined in section 2331 of 
title 18, United States Code), or'' before ``are States not 
having''.
---------------------------------------------------------------------------
    \4\ Sec. 1403(b)(6)(B) of the Victims of Crime Act of 1984, as 
amended, effective April 24, 1997, provides as follows:
    ``Sec. 10602. Crime victim compensation
    ``(b) Eligible crime victim compensation programs
    * * *
---------------------------------------------------------------------------

          ``(6) such program provides compensation to residents of the 
        State who are victims of crimes occurring outside the State 
        if--

                  ``(A) the crimes would be compensable crimes had they 
                occurred inside that State; and
                  ``(B) the places the crimes occurred in are outside 
                of the United States (if the compensable crime is 
                terrorism, as defined in section 2331 of title 18, 
                United States Code), or are States not having eligible 
                crime victim compensation programs;''.
    (c) * * *
    (d) Effective Date.--This section and the amendments made 
by this section shall take effect 1 year after the date of 
enactment of this Act.

           *       *       *       *       *       *       *


            TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS


     Subtitle A--Prohibition on International Terrorist Fundraising


SEC. 301.\5\ FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \5\ 18 U.S.C. 2339B note.
---------------------------------------------------------------------------
          (1) international terrorism is a serious and deadly 
        problem that threatens the vital interests of the 
        United States;
          (2) the Constitution confers upon Congress the power 
        to punish crimes against the law of nations and to 
        carry out the treaty obligations of the United States, 
        and therefore Congress may by law impose penalties 
        relating to the provision of material support to 
        foreign organizations engaged in terrorist activity;
          (3) the power of the United States over immigration 
        and naturalization permits the exclusion from the 
        United States of persons belonging to international 
        terrorist organizations;
          (4) international terrorism affects the interstate 
        and foreign commerce of the United States by harming 
        international trade and market stability, and limiting 
        international travel by United States citizens as well 
        as foreign visitors to the United States;
          (5) international cooperation is required for an 
        effective response to terrorism, as demonstrated by the 
        numerous multilateral conventions in force providing 
        universal prosecutive jurisdiction over persons 
        involved in a variety of terrorist acts, including 
        hostage taking, murder of an internationally protected 
        person, and aircraft piracy and sabotage;
          (6) some foreign terrorist organizations, acting 
        through affiliated groups or individuals, raise 
        significant funds within the United States, or use the 
        United States as a conduit for the receipt of funds 
        raised in other nations; and
          (7) foreign organizations that engage in terrorist 
        activity are so tainted by their criminal conduct that 
        any contribution to such an organization facilitates 
        that conduct.
    (b) Purpose.--The purpose of this subtitle is to provide 
the Federal Government the fullest possible basis, consistent 
with the Constitution, to prevent persons within the United 
States, or subject to the jurisdiction of the United States, 
from providing material support or resources to foreign 
organizations that engage in terrorist activities.

SEC. 302. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.

    (a) In General.--Chapter 2 of title II of the Immigration 
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
adding at the end the following: * * * \6\
---------------------------------------------------------------------------
    \6\ Sec. 302 added a new sec. 219 (8 U.S.C. 1189), relating to the 
designation of foreign terrorist organizations, to the Immigration and 
Nationality Act. See Sec. 6.1.
---------------------------------------------------------------------------
    (b)  * * *

SEC. 303. PROHIBITION ON TERRORIST FUNDRAISING.

    (a) In General.--Chapter 113B of title 18, United States 
Code, is amended by adding at the end the following new 
section: * * * \7\
---------------------------------------------------------------------------
    \7\ Sec. 303(a) added a new sec. 2339B to 18 U.S.C., relating to 
providing material support or resources to designated foreign terrorist 
organizations; see Sec. 6.1. Subsecs. (b) and (c) made technical 
amendments to 18 U.S.C.
---------------------------------------------------------------------------
    (b)  * * *
    (c)  * * *

       Subtitle B--Prohibition on Assistance to Terrorist States


SEC. 321. FINANCIAL TRANSACTIONS WITH TERRORISTS.

    (a) In General.--Chapter 113B of title 18, United States 
Code, relating to terrorism, is amended by inserting after the 
section 2332c added by section 521 of this Act the following 
new section: * * * \8\
---------------------------------------------------------------------------
    \8\ Sec. 321(a) added a new sec. 2332d to 18 U.S.C., relating to 
financial transactions with terrorists. See Sec. 6.1. Subsec. (b) made 
a technical amendment to the same title.
---------------------------------------------------------------------------
    (b) * * *
    (c) Effective Date.--The amendments made by this section 
shall become effective 120 days after the date of enactment of 
this Act.

SEC. 322. FOREIGN AIR TRAVEL SAFETY.

    Section 44906 of title 49, United States Code, is amended 
to read as follows: * * * \9\
---------------------------------------------------------------------------
    \9\ Sec. 322 amended and restated 49 U.S.C. 44906, relating to 
foreign air carrier security programs. See Sec. F.1.
---------------------------------------------------------------------------

SEC. 323. MODIFICATION OF MATERIAL SUPPORT PROVISION.

    Section 2339A of title 18, United States Code, is amended 
to read as follows: * * * \10\
---------------------------------------------------------------------------
    \10\ Sec. 323 amended and restated 18 U.S.C. 2339A, relating to 
providing material support to terrorists. See Sec. C.3.
---------------------------------------------------------------------------

SEC. 324.\11\ FINDINGS.

    The Congress finds that--
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 2377 note.
---------------------------------------------------------------------------
          (1) international terrorism is among the most serious 
        transnational threats faced by the United States and 
        its allies, far eclipsing the dangers posed by 
        population growth or pollution;
          (2) the President should continue to make efforts to 
        counter international terrorism a national security 
        priority;
          (3) because the United Nations has been an inadequate 
        forum for the discussion of cooperative, multilateral 
        responses to the threat of international terrorism, the 
        President should undertake immediate efforts to develop 
        effective multilateral responses to international 
        terrorism as a complement to national counter terrorist 
        efforts;
          (4) the President should use all necessary means, 
        including covert action and military force, to disrupt, 
        dismantle, and destroy international infrastructure 
        used by international terrorists, including overseas 
        terrorist training facilities and safe havens;
          (5) the Congress deplores decisions to ease, evade, 
        or end international sanctions on state sponsors of 
        terrorism, including the recent decision by the United 
        Nations Sanctions Committee to allow airline flights to 
        and from Libya despite Libya's noncompliance with 
        United Nations resolutions; and
          (6) the President should continue to undertake 
        efforts to increase the international isolation of 
        state sponsors of international terrorism, including 
        efforts to strengthen international sanctions, and 
        should oppose any future initiatives to ease sanctions 
        on Libya or other state sponsors of terrorism.

SEC. 325. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST 
                    STATES.

    The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) 
is amended by adding immediately after section 620F the 
following new section: * * * \12\
---------------------------------------------------------------------------
    \12\ Sec. 325 added a new sec. 620G to the Foreign Assistance Act 
of 1961 (22 U.S.C. 2377), relating to a prohibition on assistance to 
countries that aid terrorist states. See Sec. A.1.
---------------------------------------------------------------------------

SEC. 326. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY 
                    EQUIPMENT TO TERRORIST STATES.

    The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) 
is amended by adding immediately after section 620G the 
following new section: * * * \13\
---------------------------------------------------------------------------
    \13\ Sec. 326 added a new sec. 620H to the Foreign Assistance Act 
of 1961 (22 U.S.C. 2377), relating to a prohibition on assistance to 
countries that provide military equipment to terrorist states. See Sec. 
A.1.
---------------------------------------------------------------------------

SEC. 327. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL 
                    INSTITUTIONS TO TERRORIST STATES.

    The International Financial Institutions Act (22 U.S.C. 
262c et seq.) is amended by inserting after section 1620 the 
following new section: * * * \14\
---------------------------------------------------------------------------
    \14\ Sec. 327 added a new sec. 1621 to the International Financial 
Institutions Act (22 U.S.C. 262p-4q), relating to opposition to 
assistance by international financial institutions to terrorist states. 
See Sec. E.9.
---------------------------------------------------------------------------

SEC. 328. ANTITERRORISM ASSISTANCE.

    (a) Foreign Assistance Act.--Section 573 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2349aa-2) is amended--* * * 
\15\
---------------------------------------------------------------------------
    \15\ See Sec. A.1.
---------------------------------------------------------------------------
    (b) Assistance to Foreign Countries To Procure Explosives 
Detection Devices and Other Counterterrorism Technology.--(1) 
Subject to section 575(b), up to $3,000,000 in any fiscal year 
may be made available--
          (A) to procure explosives detection devices and other 
        counterterrorism technology; and
          (B) for joint counterterrorism research and 
        development projects on such technology conducted with 
        NATO and major non-NATO allies under the auspices of 
        the Technical Support Working Group of the Department 
        of State.
    (2) As used in this subsection, the term ``major non-NATO 
allies'' means those countries designated as major non-NATO 
allies for purposes of section 2350a(i)(3) of title 10, United 
States Code.
    (c) Assistance to Foreign Countries.--Notwithstanding any 
other provision of law (except section 620A of the Foreign 
Assistance Act of 1961) up to $1,000,000 in assistance may be 
provided to a foreign country for counterterrorism efforts in 
any fiscal year if--
          (1) such assistance is provided for the purpose of 
        protecting the property of the United States Government 
        or the life and property of any United States citizen, 
        or furthering the apprehension of any individual 
        involved in any act of terrorism against such property 
        or persons; and
          (2) the appropriate committees of Congress are 
        notified not later than 15 days prior to the provision 
        of such assistance.

SEC. 329.\16\ DEFINITION OF ASSISTANCE.

    For purposes of this title--
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 2349aa)-10 note.
---------------------------------------------------------------------------
          (1) the term ``assistance'' means assistance to or 
        for the benefit of a government of any country that is 
        provided by grant, concessional sale, guaranty, 
        insurance, or by any other means on terms more 
        favorable than generally available in the applicable 
        market, whether in the form of a loan, lease, credit, 
        debt relief, or otherwise, including subsidies for 
        exports to such country and favorable tariff treatment 
        of articles that are the growth, product, or 
        manufacture of such country; and
          (2) the term ``assistance'' does not include 
        assistance of the type authorized under chapter 9 of 
        part 1 of the Foreign Assistance Act of 1961 (relating 
        to international disaster assistance).

SEC. 330. PROHIBITION ON ASSISTANCE UNDER ARMS EXPORT CONTROL ACT FOR 
                    COUNTRIES NOT COOPERATING FULLY WITH UNITED STATES 
                    ANTITERRORISM EFFORTS.

    Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et 
seq.) is amended by adding at the end the following: * * * \17\
---------------------------------------------------------------------------
    \17\ Sec. 330 added a new sec. 40A to the Arms Export Control Act 
(22 U.S.C. 2781), relating to transactions with countries not fully 
cooperating with United States antiterrorism efforts. See Sec. A.2.
---------------------------------------------------------------------------

      TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION


                Subtitle A--Removal of Alien Terrorists


SEC. 401. ALIEN TERRORIST REMOVAL.

    (a) In General.--The Immigration and Nationality Act is 
amended by adding at the end the following new title: * * * 
\18\
---------------------------------------------------------------------------
    \18\ Sec. 401(a) added a new title V to the Immigration and 
Nationality Act, relating to alien terrorist removal procedures. See 8 
U.S.C. 1531-1537. Subsec. (b) through (e) made related technical 
amendments.
---------------------------------------------------------------------------
    (b)-(e) * * *
    (f) Effective Date.--The amendments made by this section 
shall take effect on the date of enactment of this Act and 
shall apply to all aliens without regard to the date of entry 
or attempted entry into the United States.

   Subtitle B--Exclusion of Members and Representatives of Terrorist 
                        Organizations * * * \19\

---------------------------------------------------------------------------
    \19\ Subtitle B made several amendments to the Immigration and 
Nationality Act relating to the exclusion of alien terrorists, denial 
of visas and other relief. See 8 U.S.C. 1182, 1251, 1253, 1254, 1255, 
and 1259.
---------------------------------------------------------------------------

        Subtitle C--Modification to Asylum Procedures * * * \20\

---------------------------------------------------------------------------
    \20\ Subtitle C made several amendments to the Immigration and 
Nationality Act relating to asylum procedures. See 8 U.S.C. 1105a, 
1158, and 1225.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

    TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS


                     Subtitle A--Nuclear Materials


SEC. 501.\21\ FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \21\ 18 U.S.C. 831 note.
---------------------------------------------------------------------------
          (1) nuclear materials, including byproduct materials, 
        can be used to create radioactive dispersal devices 
        that are capable of causing serious bodily injury as 
        well as substantial damage to property and to the 
        environment;
          (2) the potential use of nuclear materials, including 
        byproduct materials, enhances the threat posed by 
        terrorist activities and thereby has a greater effect 
        on the security interests of the United States;
          (3) due to the widespread hazards presented by the 
        threat of nuclear contamination, as well as nuclear 
        bombs, the United States has a strong interest in 
        ensuring that persons who are engaged in the illegal 
        acquisition and use of nuclear materials, including 
        byproduct materials, are prosecuted for their offenses;
          (4) the threat that nuclear materials will be 
        obtained and used by terrorist and other criminal 
        organizations has increased substantially since the 
        enactment in 1982 of the legislation that implemented 
        the Convention on the Physical Protection of Nuclear 
        Material, codified at section 831 of title 18, United 
        States Code;
          (5) the successful efforts to obtain agreements from 
        other countries to dismantle nuclear weapons have 
        resulted in increased packaging and transportation of 
        nuclear materials, thereby decreasing the security of 
        such materials by increasing the opportunity for 
        unlawful diversion and theft;
          (6) the trafficking in the relatively more common, 
        commercially available, and usable nuclear and 
        byproduct materials creates the potential for 
        significant loss of life and environmental damage;
          (7) report trafficking incidents in the early 1990's 
        suggest that the individuals involved in trafficking in 
        these materials from Eurasia and Eastern Europe 
        frequently conducted their black market sales of these 
        materials within the Federal Republic of Germany, the 
        Baltic States, the former Soviet Union, Central Europe, 
        and to a lesser extent in the Middle European 
        countries;
          (8) the international community has become 
        increasingly concerned over the illegal possession of 
        nuclear and nuclear byproduct materials;
          (9) the potentially disastrous ramifications of 
        increased access to nuclear and nuclear byproduct 
        materials pose such a significant threat that the 
        United States must use all lawful methods available to 
        combat the illegal use of such materials;
          (10) the United States has an interest in encouraging 
        United States corporations to do business in the 
        countries that comprised the former Soviet Union, and 
        in other developing democracies;
          (11) protection of such United States corporations 
        from threats created by the unlawful use of nuclear 
        materials is important to the success of the effort to 
        encourage business ventures in these countries, and to 
        further the foreign relations and commerce of the 
        United States;
          (12) the nature of nuclear contamination is such that 
        it may affect the health, environment, and property of 
        United States nationals even if the acts that 
        constitute the illegal activity occur outside the 
        territory of the United States, and are primarily 
        directed toward foreign nationals; and
          (13) there is presently no Federal criminal statute 
        that provides adequate protection to United States 
        interests from nonweapons grade, yet hazardous 
        radioactive material, and from the illegal diversion of 
        nuclear materials that are held for other than peaceful 
        purposes.
    (b) Purpose.--The purpose of this title is to provide 
Federal law enforcement agencies with the necessary means and 
the maximum authority permissible under the Constitution to 
combat the threat of nuclear contamination and proliferation 
that may result from the illegal possession and use of 
radioactive materials.

SEC. 502. EXPANSION OF SCOPE AND JURISDICTIONAL BASES OF NUCLEAR 
                    MATERIALS PROHIBITIONS.

    Section 831 of title 18, United States Code, is amended--* 
* * \22\
---------------------------------------------------------------------------
    \22\ See Sec. C.3.
---------------------------------------------------------------------------

SEC. 503. REPORT TO CONGRESS ON THEFTS OF EXPLOSIVE MATERIALS FROM 
                    ARMORIES.

    (a) Study.--The Attorney General and the Secretary of 
Defense shall jointly conduct a study of the number and extent 
of thefts from military arsenals (including National Guard 
armories) of firearms, explosives, and other materials that are 
potentially useful to terrorists.
    (b) Report to the Congress.--Not later than 6 months after 
the date of enactment of this Act, the Attorney General and the 
Secretary of Defense shall jointly prepare and transmit to the 
Congress a report on the findings of the study conducted under 
subsection (a).

              Subtitle B--Biological Weapons Restrictions


SEC. 511.\23\ ENHANCED PENALTIES AND CONTROL OF BIOLOGICAL AGENTS.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \23\ 42 U.S.C. 262 note.
---------------------------------------------------------------------------
          (1) certain biological agents have the potential to 
        pose a severe threat to public health and safety;
          (2) such biological agents can be used as weapons by 
        individuals or organizations for the purpose of 
        domestic or international terrorism or for other 
        criminal purposes;
          (3) the transfer and possession of potentially 
        hazardous biological agents should be regulated to 
        protect public health and safety; and
          (4) efforts to protect the public from exposure to 
        such agents should ensure that individuals and groups 
        with legitimate objectives continue to have access to 
        such agents for clinical and research purposes.
    (b) Criminal Enforcement.--Chapter 10 of title 18, United 
States Code, is amended-- * * * \24\
---------------------------------------------------------------------------
    \24\ Subsec. (b) amended 18 U.S.C. 175-178. For text, see Sec. C.3.
---------------------------------------------------------------------------
    (c) Terrorism.--Section 2332a(a) of title 18, United States 
Code,\25\ is amended by inserting ``, including any biological 
agent, toxin, or vector (as those terms are defined in section 
178)'' after ``destruction''.
---------------------------------------------------------------------------
    \25\ See Sec. C.3.
---------------------------------------------------------------------------
    (d) Regulatory Control of Biological Agents.--
          (1) List of biological agents.--
                  (A) In general.--The Secretary shall, through 
                regulations promulgated under subsection (f), 
                establish and maintain a list of each 
                biological agent that has the potential to pose 
                a severe threat to public health and safety.
                  (B) Criteria.--In determining whether to 
                include an agent on the list under subparagraph 
                (A), the Secretary shall--
                          (i) consider--
                                  (I) the effect on human 
                                health of exposure to the 
                                agent;
                                  (II) the degree of 
                                contagiousness of the agent and 
                                the methods by which the agent 
                                is transferred to humans;
                                  (III) the availability and 
                                effectiveness of immunizations 
                                to prevent and treatments for 
                                any illness resulting from 
                                infection by the agent; and
                                  (IV) any other criteria that 
                                the Secretary considers 
                                appropriate; and
                          (ii) consult with scientific experts 
                        representing appropriate professional 
                        groups.
    (e) Regulation of Transfers of Listed Biological Agents.--
The Secretary shall, through regulations promulgated under 
subsection (f), provide for--
          (1) the establishment and enforcement of safety 
        procedures for the transfer of biological agents listed 
        pursuant to subsection (d)(1), including measures to 
        ensure--
                  (A) proper training and appropriate skills to 
                handle such agents; and
                  (B) proper laboratory facilities to contain 
                and dispose of such agents;
          (2) safeguards to prevent access to such agents for 
        use in domestic or international terrorism or for any 
        other criminal purpose;
          (3) the establishment of procedures to protect the 
        public safety in the event of a transfer or potential 
        transfer of a biological agent in violation of the 
        safety procedures established under paragraph (1) or 
        the safeguards established under paragraph (2); and
          (4) appropriate availability of biological agents for 
        research, education, and other legitimate purposes.
    (f) Regulations.--The Secretary shall carry out this 
section by issuing--
          (1) proposed rules not later than 60 days after the 
        date of enactment of this Act; and
          (2) final rules not later than 120 days after the 
        date of enactment of this Act.
    (g) Definitions.--For purposes of this section--
          (1) the term ``biological agent'' has the same 
        meaning as in section 178 of title 18, United States 
        Code; and
          (2) the term ``Secretary'' means the Secretary of 
        Health and Human Services.

               Subtitle C--Chemical Weapons Restrictions


SEC. 521. CHEMICAL WEAPONS OF MASS DESTRUCTION; STUDY OF FACILITY FOR 
                    TRAINING AND EVALUATION OF PERSONNEL WHO RESPOND TO 
                    USE OF CHEMICAL OR BIOLOGICAL WEAPONS IN URBAN AND 
                    SUBURBAN AREAS.

    (a) Chemical Weapons of Mass Destruction.--Chapter 113B of 
title 18, United States Code, relating to terrorism, is amended 
by inserting after section 2332b as added by section 702 of 
this Act the following new section: * * * \26\
---------------------------------------------------------------------------
    \26\ Sec. 521(a) added a new sec. 2332c to 18 U.S.C., relating to 
the use of chemical weapons. See Sec. C.3. Subsec. (c) made a clerical 
amendment to 18 U.S.C.
---------------------------------------------------------------------------
    (b) \27\ Study of Facility for Training and Evaluation of 
Personnel Who Respond To Use of Chemical or Biological Weapons 
in Urban and Suburban Areas.--
---------------------------------------------------------------------------
    \27\ 50 U.S.C. 1522 note.
---------------------------------------------------------------------------
          (1) Findings.--The Congress finds that--
                  (A) the threat of the use of chemical and 
                biological weapons by Third World countries and 
                by terrorist organizations has increased in 
                recent years and is now a problem of worldwide 
                significance;
                  (B) the military and law enforcement agencies 
                in the United States that are responsible for 
                responding to the use of such weapons require 
                additional testing, training, and evaluation 
                facilities to ensure that the personnel of such 
                agencies discharge their responsibilities 
                effectively; and
                  (C) a facility that recreates urban and 
                suburban locations would provide an especially 
                effective environment in which to test, train, 
                and evaluate such personnel for that purpose.
          (2) Study of facility.--
                  (A) In general.--The President shall 
                establish an interagency task force to 
                determine the feasibility and advisability of 
                establishing a facility that recreates both an 
                urban environment and a suburban environment in 
                such a way as to permit the effective testing, 
                training, and evaluation in such environments 
                of government personnel who are responsible for 
                responding to the use of chemical and 
                biological weapons in the United States.
                  (B) Description of facility.--The facility 
                considered under subparagraph (A) shall 
                include--
                          (i) facilities common to urban 
                        environments (including a multistory 
                        building and an underground rail 
                        transit system) and to suburban 
                        environments;
                          (ii) the capacity to produce 
                        controllable releases of chemical and 
                        biological agents from a variety of 
                        urban and suburban structures, 
                        including laboratories, small 
                        buildings, and dwellings;
                          (iii) the capacity to produce 
                        controllable releases of chemical and 
                        biological agents into sewage, water, 
                        and air management systems common to 
                        urban areas and suburban areas;
                          (iv) chemical and biocontaminant 
                        facilities at the P3 and P4 levels;
                          (v) the capacity to test and evaluate 
                        the effectiveness of a variety of 
                        protective clothing and facilities and 
                        survival techniques in urban areas and 
                        suburban areas; and
                          (vi) the capacity to test and 
                        evaluate the effectiveness of variable 
                        sensor arrays (including video, audio, 
                        meteorological, chemical, and biosensor 
                        arrays) in urban areas and suburban 
                        areas.
                  (C) Sense of congress.--It is the sense of 
                Congress that the facility considered under 
                subparagraph (A) shall, if established--
                          (i) be under the jurisdiction of the 
                        Secretary of Defense; and
                          (ii) be located at a principal 
                        facility of the Department of Defense 
                        for the testing and evaluation of the 
                        use of chemical and biological weapons 
                        during any period of armed conflict.
    (c) * * *

       TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION


SEC. 601.\28\ FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \28\ 18 U.S.C. 841 note. Secs. 602-605 of this title amended 18 
U.S.C. to implement the Convention on the Marking of Plastic Explosives 
for the Purpose of Detection, done at Montreal, March 1, 1991. See 18 
U.S.C. 841, 842, 844, 845. Sec. 606 amended sec. 596(c)(1) of the 
Tariff Act of 1930; see 19 U.S.C. 1595a(c)(1)).
---------------------------------------------------------------------------
          (1) plastic explosives were used by terrorists in the 
        bombings of Pan American Airlines flight number 103 in 
        December 1988 and UTA flight number 722 in September 
        1989;
          (2) plastic explosives can be used with little 
        likelihood of detection for acts of unlawful 
        interference with civil aviation, maritime navigation, 
        and other modes of transportation;
          (3) the criminal use of plastic explosives places 
        innocent lives in jeopardy, endangers national 
        security, affects domestic tranquility, and gravely 
        affects interstate and foreign commerce;
          (4) the marking of plastic explosives for the purpose 
        of detection would contribute significantly to the 
        prevention and punishment of such unlawful acts; and
          (5) for the purpose of deterring and detecting such 
        unlawful acts, the Convention on the Marking of Plastic 
        Explosives for the Purpose of Detection, Done at 
        Montreal on 1 March 1991, requires each contracting 
        State to adopt appropriate measures to ensure that 
        plastic explosives are duly marked and controlled.
    (b) Purpose.--The purpose of this title is to fully 
implement the Convention on the Marking of Plastic Explosives 
for the Purpose of Detection, Done at Montreal on 1 March 1991.

           *       *       *       *       *       *       *


SEC. 607.\29\ EFFECTIVE DATE.

    Except as otherwise provided in this title, this title and 
the amendments made by this title shall take effect 1 year 
after the date of enactment of this Act.
---------------------------------------------------------------------------
    \29\ 18 U.S.C. 841 note.
---------------------------------------------------------------------------

       TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM


Subtitle A--Crimes and Penalties

           *       *       *       *       *       *       *



SEC. 702. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.

    (a) Offense.--Chapter 113B of title 18, United States Code, 
relating to terrorism, is amended by inserting after section 
2332a the following new section: * * * \30\
---------------------------------------------------------------------------
    \30\ Sec. 702(a) added a new sec. 2332b to 18, U.S.C., relating to 
acts of terrorism transcending national boundaries. See Sec. C.3. 
Subsecs. (b) and (c) made technical amendments.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 709. DETERMINATION OF CONSTITUTIONALITY OF RESTRICTING THE 
                    DISSEMINATION OF BOMB-MAKING INSTRUCTIONAL 
                    MATERIALS.

    (a) Study.--The Attorney General, in consultation with such 
other officials and individuals as the Attorney General 
considers appropriate, shall conduct a study concerning--
          (1) the extent to which there is available to the 
        public material in any medium (including print, 
        electronic, or film) that provides instruction on how 
        to make bombs, destructive devices, or weapons of mass 
        destruction;
          (2) the extent to which information gained from such 
        material has been used in incidents of domestic or 
        international terrorism;
          (3) the likelihood that such information may be used 
        in future incidents of terrorism;
          (4) the application of Federal laws in effect on the 
        date of enactment of this Act to such material;
          (5) the need and utility, if any, for additional laws 
        relating to such material; and
          (6) an assessment of the extent to which the first 
        amendment protects such material and its private and 
        commercial distribution.
    (b) Report.--
          (1) Requirement.--Not later than 180 days after the 
        date of enactment of this Act, the Attorney General 
        shall submit to the Congress a report that contains the 
        results of the study required by this section.
          (2) Availability.--The Attorney General shall make 
        the report submitted under this subsection available to 
        the public.

           *       *       *       *       *       *       *


               TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT


                   Subtitle A--Resources and Security


SEC. 801.\31\ OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES.

    The Attorney General and the Secretary of the Treasury are 
authorized to support law enforcement training activities in 
foreign countries, in consultation with the Secretary of State, 
for the purpose of improving the effectiveness of the United 
States in investigating and prosecuting transnational offenses.
---------------------------------------------------------------------------
    \31\ 28 U.S.C. 509 note.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 807.\32\ COMBATTING INTERNATIONAL COUNTERFEITING OF UNITED STATES 
                    CURRENCY.

    (a) In General.--The Secretary of the Treasury (hereafter 
in this section referred to as the ``Secretary''), in 
consultation with the advanced counterfeit deterrence steering 
committee, shall--
---------------------------------------------------------------------------
    \32\ 18 U.S.C. 470 note.
---------------------------------------------------------------------------
          (1) study the use and holding of United States 
        currency in foreign countries; and
          (2) develop useful estimates of the amount of 
        counterfeit United States currency that circulates 
        outside the United States each year.
    (b) Evaluation Audit Plan.--
          (1) In general.--The Secretary shall develop an 
        effective international evaluation audit plan that is 
        designed to enable the Secretary to carry out the 
        duties described in subsection (a) on a regular and 
        thorough basis.
          (2) Submission of detailed written summary.--The 
        Secretary shall submit a detailed written summary of 
        the evaluation audit plan developed pursuant to 
        paragraph (1) to the Congress before the end of the 6-
        month period beginning on the date of the enactment of 
        this Act.
          (3) First evaluation audit under plan.--The Secretary 
        shall begin the first evaluation audit pursuant to the 
        evaluation audit plan no later than the end of the 1-
        year period beginning on the date of the enactment of 
        this Act.
          (4) Subsequent evaluation audits.--At least 1 
        evaluation audit shall be performed pursuant to the 
        evaluation audit plan during each 3-year period 
        beginning after the date of the commencement of the 
        evaluation audit referred to in paragraph (3).
    (c) Reports.--
          (1) In general.--The Secretary shall submit a written 
        report to the Committee on Banking and Financial 
        Services of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the 
        Senate on the results of each evaluation audit 
        conducted pursuant to subsection (b) within 90 days 
        after the completion of the evaluation audit.
          (2) Contents.--In addition to such other information 
        as the Secretary may determine to be appropriate, each 
        report submitted to the Congress pursuant to paragraph 
        (1) shall include the following information:
                  (A) A detailed description of the evaluation 
                audit process and the methods used to develop 
                estimates of the amount of counterfeit United 
                States currency in circulation outside the 
                United States.
                  (B) The method used to determine the currency 
                sample examined in connection with the 
                evaluation audit and a statistical analysis of 
                the sample examined.
                  (C) A list of the regions of the world, types 
                of financial institutions, and other entities 
                included.
                  (D) An estimate of the total amount of United 
                States currency found in each region of the 
                world.
                  (E) The total amount of counterfeit United 
                States currency and the total quantity of each 
                counterfeit denomination found in each region 
                of the world.
          (3) Classification of information.--
                  (A) In general.--To the greatest extent 
                possible, each report submitted to the Congress 
                under this subsection shall be submitted in an 
                unclassified form.
                  (B) Classified and unclassified forms.--If, 
                in the interest of submitting a complete report 
                under this subsection, the Secretary determines 
                that it is necessary to include classified 
                information in the report, the report shall be 
                submitted in a classified and an unclassified 
                form.
    (d) Sunset Provision.--This section shall cease to be 
effective as of the end of the 10-year period beginning on the 
date of the enactment of this Act.
    (e) Rule of Construction.--No provision of this section 
shall be construed as authorizing any entity to conduct 
investigations of counterfeit United States currency.
    (f) Findings.--The Congress hereby finds the following:
          (1) United States currency is being counterfeited 
        outside the United States.
          (2) The One Hundred Third Congress enacted, with the 
        approval of the President on September 13, 1994, 
        section 470 of title 18, United States Code, making 
        such activity a crime under the laws of the United 
        States.
          (3) The expeditious posting of agents of the United 
        States Secret Service to overseas posts, which is 
        necessary for the effective enforcement of section 470 
        and related criminal provisions, has been delayed.
          (4) While section 470 of title 18, United States 
        Code, provides for a maximum term of imprisonment of 20 
        years as opposed to a maximum term of 15 years for 
        domestic counterfeiting, the United States Sentencing 
        Commission has failed to provide, in its sentencing 
        guidelines, for an appropriate enhancement of 
        punishment for defendants convicted of counterfeiting 
        United States currency outside the United States.
    (g) Timely Consideration of Requests for Concurrence in 
Creation of Overseas Posts.--
          (1) In general.--The Secretary of State shall--
                  (A) consider in a timely manner the request 
                by the Secretary of the Treasury for the 
                placement of such number of agents of the 
                United States Secret Service as the Secretary 
                of the Treasury considers appropriate in posts 
                in overseas embassies; and
                  (B) reach an agreement with the Secretary of 
                the Treasury on such posts as soon as possible 
                and, in any event, not later than December 31, 
                1996.
          (2) Cooperation of treasury required.--The Secretary 
        of the Treasury shall promptly provide any information 
        requested by the Secretary of State in connection with 
        such requests.
          (3) Reports required.--The Secretary of the Treasury 
        and the Secretary of State shall each submit, by 
        February 1, 1997, a written report to the Committee on 
        Banking and Financial Services of the House of 
        Representatives and the Committee on Banking, Housing, 
        and Urban Affairs of the Senate explaining the reasons 
        for the rejection, if any, of any proposed post and the 
        reasons for the failure, if any, to fill any approved 
        post by such date.
    (h) Enhanced Penalties for International Counterfeiting of 
United States Currency.--Pursuant to the authority of the 
United States Sentencing Commission under section 994 of title 
28, United States Code, the Commission shall amend the 
sentencing guidelines prescribed by the Commission to provide 
an appropriate enhancement of the punishment for a defendant 
convicted under section 470 of title 18 of such Code.

           *       *       *       *       *       *       *


Subtitle B--Funding Authorizations for Law Enforcement

           *       *       *       *       *       *       *



SEC. 820. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE 
                    DETECTION DEVICES AND OTHER COUNTERTERRORISM 
                    TECHNOLOGY.

    There are authorized to be appropriated to the National 
Institute of Justice Office of Science and Technology not more 
than $10,000,000 for each of the fiscal years 1997 and 1998 to 
provide assistance to foreign countries facing an imminent 
danger of terrorist attack that threatens the national interest 
of the United States, or puts United States nationals at risk, 
in--
          (1) obtaining explosive detection devices and other 
        counterterrorism technology;
          (2) conducting research and development projects on 
        such technology; and
          (3) testing and evaluating counterterrorism 
        technologies in those countries.

SEC. 821. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTERTERRORISM 
                    TECHNOLOGIES.

    There are authorized to be appropriated to the National 
Institute of Justice Office of Science and Technology not more 
than $10,000,000 for fiscal year 1997, to--
          (1) develop technologies that can be used to combat 
        terrorism, including technologies in the areas of--
                  (A) detection of weapons, explosives, 
                chemicals, and persons;
                  (B) tracking;
                  (C) surveillance;
                  (D) vulnerability assessment; and
                  (E) information technologies;
          (2) develop standards to ensure the adequacy of 
        products produced and compatibility with relevant 
        national systems; and
          (3) identify and assess requirements for technologies 
        to assist State and local law enforcement in the 
        national program to combat terrorism.

           *       *       *       *       *       *       *


SEC. 823. FUNDING SOURCE.

    Appropriations for activities authorized in this subtitle 
may be made from the Violent Crime Reduction Trust Fund.

      2. Omnibus Diplomatic Security and Antiterrorism Act of 1986

Partial text of Public Law 99-399 [H.R. 4151], 100 Stat. 853, approved 
                      August 27, 1986, as amended

AN ACT To provide enhanced diplomatic security and combat international 
                   terrorism, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,\1\
---------------------------------------------------------------------------
    \1\22 U.S.C. 4801 note.
---------------------------------------------------------------------------

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Omnibus Diplomatic Security 
and Antiterrorism Act of 1986''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:
                                                                    Page
Sec. 1.  Short title..............................................   724
Sec. 2.  Table of contents........................................   724

                      TITLE I--DIPLOMATIC SECURITY

Sec. 101. Short title.............................................   726
Sec. 102. Findings and purposes...................................   726
Sec. 103. Responsibility of the Secretary of State................   727
Sec. 106. Cooperation of other Federal agencies...................   730
Sec. 107. Protection of foreign consulates........................   731

                           TITLE II--PERSONNEL

Sec. 201. Diplomatic Security Service.............................   731
Sec. 202. Director of Diplomatic Security Service.................   731
Sec. 203. Special Agents..........................................   731

                TITLE III--PERFORMANCE AND ACCOUNTABILITY

Sec. 301. Accountability review...................................   732
Sec. 302. Accountability Review Board.............................   733
Sec. 303. Procedures..............................................   733
Sec. 304. Findings and recommendations by a Board.................   735
Sec. 305. Relation to other proceedings...........................   736

                  TITLE IV--DIPLOMATIC SECURITY PROGRAM

Sec. 401. Authorization...........................................   736
Sec. 402. Diplomatic construction program.........................   738
Sec. 403. Security requirements for contractors...................   740
Sec. 404. Qualifications of persons hired for the diplomatic 
    construction program..........................................   740
Sec. 405. Cost overruns...........................................   740
Sec. 406. Efficiency in contracting...............................   740
Sec. 407. Advisory Panel on Overseas Security.....................   741
Sec. 408. Training to improve perimeter security at United States 
    diplomatic missions aboard....................................   741
Sec. 409. Protection of public entrances of United States 
    diplomatic missions abroad....................................   741
Sec. 410. Certain protective functions............................   741
Sec. 411. Reimbursement of the Department of the Treasury.........   741
Sec. 412. Inspector General for the United States Information 
    Agency........................................................   741
Sec. 413. Inspector General for the Department of State...........   742
Sec. 414. Prohibition on the use of funds for facilities in 
    Israel, Jerusalem, or the West Bank...........................   742
Sec. 415. Use of cleared personnel to ensure secure maintenance 
    and repair of diplomatic facilities abroad....................   743

 TITLE V--STATE DEPARTMENT AUTHORITIES TO COMBAT INTERNATIONAL TERRORISM

Sec. 501. Rewards for international terrorists....................   743
Sec. 502. Rewards for information relating to international 
    narcoterrorism and drug trafficking [amends other legislation]
Sec. 503. Coordination of terrorism-related assistance [amends 
    other legislation]
Sec. 504. Counterterrorism Protection Fund [amends other 
    legislation]
Sec. 505. Terrorism-related travel advisories.....................   743
Sec. 506. Authority to control certain terrorism-related services 
    [amends other legislation]
Sec. 507. Management of antiterrorism assistance programs [amends 
    other legislation]
Sec. 508. Nonlethal airport security equipment and commodities for 
    Egypt.........................................................   744
Sec. 509. Exports to countries supporting acts of international 
    terrorism [amends other legislation]

                TITLE VI--INTERNATIONAL NUCLEAR TERRORISM

Sec. 601. Actions to combat international nuclear terrorism.......   744
Sec. 602. Authority to suspend nuclear cooperation with nations 
    which have not ratified the Convention on the Physical 
    Protection of Nuclear Material [amends other legislation]
Sec. 603. Consultation with the Department of Defense concerning 
    certain nuclear exports and subsequent arrangements [amends 
    other legislation]
Sec. 604. Review of physicial security standards..................   745
Sec. 605. International review of nuclear terrorism problem.......   745
Sec. 606. Criminal history record checks [amends other 
    legislation]

  TITLE VII--MULTILATERAL COOPERATION TO COMBAT INTERNATIONAL TERRORISM

Sec. 701. International Antiterrorism Committee...................   745
Sec. 702. International arrangement relating to passports and 
    visas.........................................................   746
Sec. 703. Protection of Americans endangered by the appearance of 
    their place of birth on their passports.......................   746
Sec. 704. Use of diplomatic privileges and immunities for 
    terrorism purposes............................................   746
Sec. 705. Reports on progress in increasing multilateral 
    cooperation...................................................   746

              TITLE VIII--VICTIMS OF TERRORISM COMPENSATION

Sec. 801. Short title.............................................   746
Sec. 802. Payment to individuals held in captive status between 
    November 4, 1979, and January 21, 1981........................   747
Sec. 803. Benefits for captives and other victims of hostile 
    action........................................................   747
Sec. 804. Retention of leave by alien employees following injury 
    from hostile action abroad....................................   751
Sec. 805. Transition provisions...................................   751
Sec. 806. Benefits for members of uniformed services who are 
    victims of hostile action.....................................   752
Sec. 807. Regulations.............................................   758
Sec. 808. Effective date of entitlements..........................   758

                       TITLE IX--MARITIME SECURITY

Sec. 901. Short title.............................................   758
Sec. 902. International measures for seaport and shipboard 
    security......................................................   758
Sec. 903. Measures to prevent unlawful acts against passengers and 
    crews on board ships..........................................   759
Sec. 904. Panama Canal security...................................   759
Sec. 905. Threat of terrorism to United States ports and vessels..   759
Sec. 906. Port, harbor, and coastal facility security.............   759
Sec. 907. Security standards at foreign ports.....................   760
Sec. 908. Travel advisories concerning security at foreign ports..   760
Sec. 909. Suspension of passengers services.......................   761
Sec. 910. Sanctions for the seizure of vessels by terrorists......   761
Sec. 911. Definitions.............................................   762
Sec. 912. Authorization of appropriations.........................   762
Sec. 913. Reports.................................................   762

                   TITLE X--FASCELL FELLOWSHIP PROGRAM

     * * * * * * *

               TITLE XI--SECURITY AT MILITARY BASES ABROAD

Sec. 1101. Findings...............................................   763
Sec. 1102. Recommended actions by the Secretary of Defense........   763
Sec. 1103. Report to the Congress.................................   763

        TITLE XII--CRIMINAL PUNISHMENT OF INTERNATIONAL TERRORISM

Sec. 1201. Encouragement for negotiation of a convention..........   763
Sec. 1202. Extraterritorial criminal jurisdiction over terrorist 
    conduct.......................................................   764

                  TITLE XIII--MISCELLANEOUS PROVISIONS

Sec. 1301. Peace Corps authorization of appropriations [amends 
    other legislation]
Sec. 1302. Demonstrations at embassies in the District of Columbia   764
Sec. 1303. Kurt Waldheim's retirement allowance...................   764
Sec. 1304. Eradication of Amblyomma Variegatum [amends other 
    legislation]
Sec. 1305. Strengthen foreign language skills.....................   765
Sec. 1306. Forfeiture of proceeds derived from espionage 
    activities....................................................   765
Sec. 1307. Expression of support of activities of the United 
    States Telecommunications Training Institute..................   766
Sec. 1308. Policy toward Afghanistan..............................   766

                      TITLE I--DIPLOMATIC SECURITY


SEC. 101. SHORT TITLE.

    Titles I through IV of this Act may be cited as the 
``Diplomatic Security Act''.

SEC. 102.\2\ FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds and declares that--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 4801.
---------------------------------------------------------------------------
          (1) the United States has a crucial stake in the 
        presence of United States Government personnel 
        representing United States interests abroad;
          (2) conditions confronting United States Government 
        personnel and missions abroad are fraught with security 
        concerns which will continue for the foreseeable 
        future; and
          (3) the resources now available to counter acts of 
        terrorism and protect and secure United States 
        Government personnel and missions abroad, as well as 
        foreign officials and missions in the United States, 
        are inadequate to meet the mounting threat to such 
        personnel and facilities.
    (b) \3\ Purposes.--The purposes of titles I through IV 
are--
---------------------------------------------------------------------------
    \3\ Sec. 162(g)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 406), struck 
out para. (2) and redesignated paras. (3) through (6) as paras. (2) 
through (5), respectively. Para. (2) had provided:
    ``(2) to provide for an Assistant Secretary of State to head the 
Bureau of Diplomatic Security of the Department of State, and to set 
forth certain provisions relating to the Diplomatic Security Service of 
the Department of State;''.
---------------------------------------------------------------------------
          (1) to set forth the responsibility of the Secretary 
        of State with respect to the security of diplomatic 
        operations in the United States and abroad;
          (2) to maximize coordination by the Department of 
        State with Federal, State, and local agencies and 
        agencies of foreign governments in order to enhance 
        security programs;
          (3) to promote strengthened security measures and to 
        provide for the accountability of United States 
        Government personnel with security-related 
        responsibilities;
          (4) to set forth the responsibility of the Secretary 
        of State with respect to the safe and efficient 
        evacuation of United States Government personnel, their 
        dependents, and private United states citizens when 
        their lives are endangered by war, civil unrest, or 
        natural disaster; and
          (5) to provide authorization of appropriations for 
        the Department of State to carry out its 
        responsibilities in the area of security and 
        counterterrorism, and in particular to finance the 
        acquisition and improvements of United States 
        Government missions abroad, including real property, 
        buildings, facilities, and communications, information, 
        and security systems.

SEC. 103.\4\ RESPONSIBILITY OF THE SECRETARY OF STATE

    (a) Security Functions.--(1) The Secretary of State shall 
develop and implement (in consultation with the heads of other 
Federal agencies having personnel or missions abroad where 
appropriate and within the scope of the resources made 
available) policies and programs, including funding levels and 
standards, to provide for the security of United States 
Government operations of a diplomatic nature and foreign 
government operations of a diplomatic nature in the United 
States. Such policies and programs shall include--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 4802.
---------------------------------------------------------------------------
          (A) protection of all United States Government 
        personnel on official duty abroad (other than those 
        personnel under the command of a United States area 
        military commander) and their accompanying dependents;
          (B) establishment and operation of security functions 
        at all United States Government missions abroad (other 
        than facilities or installations subject to the control 
        of a United States area military commander);
          (C) establishment and operation of security functions 
        at all Department of State facilities in the United 
        States; and
          (D) protection of foreign missions, international 
        organizations, and foreign officials and other foreign 
        persons in the United States, as authorized by law.
    (2) \5\ Security responsibilities shall include the 
following:
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    \5\ The Secretary of State delegated functions authorized under 
this subsection to the Assistant Secretary for Diplomatic Security 
(Department of State Public Notice 2086; sec. 8 of Delegation of 
Authority No. 214; 59 F.R. 50790).
---------------------------------------------------------------------------
          (A) Former office of security functions.--Functions 
        and responsibilities exercised by the Office of 
        Security, Department of State, before November 11, 
        1985.
          (B) Security and protective operations.--
                  (i) Establishment and operation of post 
                security and protective functions abroad.
                  (ii) Development and implementation of 
                communications, computer, and information 
                security.
                  (iii) Emergency planning.
                  (iv) Establishment and operation of local 
                guard services abroad.
                  (v) Supervision of the United States Marine 
                Corps security guard program.
                  (vi) Liaison with American overseas private 
                sector security interests.
                  (vii) Protection of foreign missions and 
                international organizations, foreign officials, 
                and diplomatic personnel in the United States, 
                as authorized by law.
                  (viii) Protection of the Secretary of State 
                and other persons designated by the Secretary 
                of State, as authorized by law.
                  (ix) Physical protection of Department of 
                State facilities, communications, and computer 
                and information systems in the United States.
                  (x) Conduct of investigations relating to 
                protection of foreign officials and diplomatic 
                personnel and foreign missions in the United 
                States, suitability for employment, employee 
                security, illegal passport and visa issuance or 
                use, and other investigations, as authorized by 
                law.
                  (xi) Carrying out the rewards program for 
                information concerning international terrorism 
                authorized by section 36(a) of the State 
                Department Basic Authorities Act of 1956.
                  (xii) Performance of other security, 
                investigative, and protective matters as 
                authorized by law.
          (C) Counterterrorism planning and coordination.--
        Development and coordination of counterterrorism 
        planning, emergency action planning, threat analysis 
        programs, and liaison with other Federal agencies to 
        carry out this paragraph.
          (D) Security technology.--Development and 
        implementation of technical and physical security 
        programs, including security-related construction, 
        radio and personnel security communications, armored 
        vehicles, computer and communications security, and 
        research programs necessary to develop such measures.
          (E) Diplomatic courier service.--Management of the 
        diplomatic courier service.
          (F) Personnel training.--Development of facilities, 
        methods, and materials to develop and upgrade necessary 
        skills in order to carry out this section.
          (G) Foreign government training.--Management and 
        development of antiterrorism assistance programs to 
        assist foreign government security training which are 
        administered by the Department of State under chapter 8 
        of part II of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2349aa et seq.).
    (b) Overseas Evacuations.--The Secretary of State shall 
develop and implement policies and programs to provide for the 
safe and efficient evacuation of United States Government 
personnel, dependents, and private United States citizens when 
their lives are endangered. Such policies shall include 
measures to identify high risk areas where evacuation may be 
necessary and, where appropriate, providing staff to United 
States Government missions abroad to assist in those 
evacuations. In carrying out these responsibilities, the 
Secretary shall--
          (1) develop a model contingency plan for evacuation 
        of personnel, dependents, and United States citizens 
        from foreign countries;
          (2) develop a mechanism whereby United States 
        citizens can voluntarily request to be placed on a list 
        in order to be contacted in the event of an evacuation, 
        or which, in the event of an evacuation, can maintain 
        information on the location of United States citizens 
        in high risk areas submitted by their relatives;
          (3) assess the transportation and communications 
        resources in the area being evacuated and determine the 
        logistic support needed for the evacuation; and
          (4) develop a plan for coordinating communications 
        between embassy staff, Department of State personnel, 
        and families of United States citizens abroad regarding 
        the whereabouts of those citizens.
    (c) Oversight of Posts Abroad.--The Secretary of State 
shall--
          (1) have full responsibility for the coordination of 
        all United States Government personnel assigned to 
        diplomatic or consular posts or other United States 
        missions abroad pursuant to United States Government 
        authorization (except for facilities, installations, or 
        personnel under the command of a United States area 
        military commander);
          (2) establish appropriate overseas staffing levels 
        for all such posts or missions for all Federal agencies 
        with activities abroad (except for personnel and 
        activities under the command of a United States area 
        military commander or regional inspector general 
        offices under the jurisdiction of the Inspector 
        General, Agency for International Development).
    (d) \5\ Federal Agency.--As used in this title and title 
III, the term ``Federal agency'' includes any department or 
agency of the United States Government.

SEC. 104.\6\ * * * [REPEALED--1994]
---------------------------------------------------------------------------

    \6\ Formerly at 22 U.S.C. 4803. Sec. 162(g)(3) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236; 108 Stat. 407), repealed sec. 104, which established the 
Bureau of Diplomatic Security, overseen by the Assistant Secretary for 
Diplomatic Security.
---------------------------------------------------------------------------

SEC. 105.\7\ * * * [REPEALED--1994]
---------------------------------------------------------------------------

    \7\ Formerly at 22 U.S.C. 4804. Sec. 162(g)(4) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236; 108 Stat. 407), repealed sec. 105, which stated the 
responsibilities of the Assistant Secretary for Diplomatic Security.
---------------------------------------------------------------------------

SEC. 106.\8\ COOPERATION OF OTHER FEDERAL AGENCIES.

    (a) Assistance.--In order to facilitate fulfillment of the 
responsibilities described in section 103(a), other Federal 
agencies shall cooperate (through agreements) to the maximum 
extent possible with the Secretary of State. Such agencies may, 
with or without reimbursement, provide assistance to the 
Secretary, perform security inspections, provide logistical 
support relating to the differing missions and facilities of 
other Federal agencies, and perform other overseas security 
functions as may be authorized by the Secretary. Specifically, 
the Secretary may agree to delegate operational control of 
overseas security functions of other Federal agencies to the 
heads of such agencies, subject to the Secretary's authority as 
set forth in section 103(a). The agency head receiving such 
delegated authority shall be responsible to the Secretary in 
the exercise of the delegated operational control.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 4805.
---------------------------------------------------------------------------
    (b) Other Agencies.--Nothing contained in titles I through 
IV shall be construed to limit or impair the authority or 
responsibility of any other Federal, State, or local agency 
with respect to law enforcement, domestic security operations, 
or intelligence activities as defined in Executive Order 12333.
    (c) Certain Lease Arrangements.--The Administrator of 
General Services is authorized to lease (to such extent or in 
cash amounts as are provided in appropriation Acts) such amount 
of space in the United States as may be necessary for the 
Department of State to accommodate the personnel required to 
carry out this title. The Department of State shall pay for 
such space at the rate established by the Administrator of 
General Services for space and related services.

SEC. 107.\9\ PROTECTION OF FOREIGN CONSULATES.

    The Secretary of State shall take into account security 
considerations \10\ in making determinations with respect to 
accreditation of all foreign consular personnel in the United 
States.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 4806. The Secretary of State delegated functions 
authorized under this section to the Chief of Protocol (Department of 
State Public Notice 2086; sec. 15 of Delegation of Authority No. 214; 
59 F.R. 50790).
    \10\ Sec. 162(g)(5) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), struck 
out ``The Chief of Protocol of the Department of State shall consult 
with the Assistant Secretary of Diplomatic Security'' and inserted in 
lieu thereof ``The Secretary of State shall take into account security 
considerations''.
---------------------------------------------------------------------------

                        TITLE II--PERSONNEL \11\


SEC. 201. DIPLOMATIC SECURITY SERVICE.

    The Secretary of State may establish a Diplomatic Security 
Service, which shall perform such functions as the Secretary 
may determine.
---------------------------------------------------------------------------
    \11\ Sec. 162(g)(6) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), struck 
out ``DIPLOMATIC SECURITY SERVICE'' and inserted in lieu thereof 
``PERSONNEL''.
---------------------------------------------------------------------------

SEC. 202.\12\ DIRECTOR OF DIPLOMATIC SECURITY SERVICE.

    Any such Diplomatic Security Service should be headed by a 
Director designated by the Secretary of State. The Director 
should be a career member of the Senior Foreign Service or the 
Senior Executive Service and shall be qualified for the 
position by virtue of demonstrated ability in the areas of 
security, law enforcement, management, and public 
administration. Experience in management or operations abroad 
should be considered an affirmative factor in the selection of 
the Director.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 4822.
---------------------------------------------------------------------------

SEC. 203.\13\ SPECIAL AGENTS.

    Special agent positions shall be filled in accordance with 
the provisions of the Foreign Service Act of 1980 (22 U.S.C. 
3901 et seq.) and title 5, United States Code. In filling such 
positions, the Secretary of State shall actively recruit women 
and members of minority groups. The Secretary of State shall 
prescribe the qualifications required for assignment or 
appointment to such positions. The qualifications may include 
minimum and maximum entry age restrictions and other physical 
standards and shall incorporate such standards as may be 
required by law in order to perform security functions, to bear 
arms, and to exercise investigatory, warrant, arrest, and such 
other authorities, as are available by law to special agents of 
the Department of State and the Foreign Service.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 4823.
---------------------------------------------------------------------------

SEC. 206.\14\ CONTRACTING AUTHORITY.

    The Secretary of State is authorized to employ individuals 
or organizations by contract to carry out the purposes of this 
Act, and individuals employed by contract to perform such 
services shall not by virtue of such employment be considered 
to be employees of the United States Government for purposes of 
any law administered by the Office of Personnel Management 
(except that the Secretary may determine the applicability to 
such individuals of any law administered by the Secretary 
concerning the employment of such individuals); and such 
contracts are authorized to be negotiated, the terms of the 
contracts to be prescribed, and the work to be performed, where 
necessary, without regard to such statutory provisions as 
relate to the negotiation, making and performance of contracts 
and performance of work in the United States.
---------------------------------------------------------------------------
    \14\ 22 USC 4824. Sec. 206 was added by Public Law 105-277 (112 
Stat. 2681-586).
---------------------------------------------------------------------------

               TITLE III--PERFORMANCE AND ACCOUNTABILITY


SEC. 301.\15\ ACCOUNTABILITY REVIEW.

    In any case of serious injury, loss of life, or significant 
destruction of property at or related to a United States 
Government mission abroad, and in any case of a serious breach 
of security involving intelligence activities of a foreign 
government directed at a United States Government mission 
abroad, which is covered by the provisions of titles I through 
IV (other than a facility or installation subject to the 
control of a United States area military commander), the 
Secretary of State shall convene an Accountability Review Board 
\16\ (hereafter in this title referred to as the ``Board''). 
With respect to breaches of security involving intelligence 
activities, the Secretary of State may delay establishing an 
Accountability Review Board if, after consultation with the 
Chairman of the Select Committee on Intelligence of the Senate 
and the Chairman of the Permanent Select Committee on 
Intelligence of the House of Representatives, the Secretary 
determines that doing so would compromise intelligence sources 
and methods. The Secretary shall promptly advise the Chairmen 
of such committees of each determination pursuant to this 
section to delay the establishment of an Accountability Review 
Board. The Secretary shall not convene a Board where the 
Secretary determines that a case clearly involves only causes 
unrelated to security.
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 4831.
    \16\ In Department of State Public Notice 2349 (61 F.R. 8322; 
February 22, 1996), the Deputy Secretary of State:
    ``* * * determined that the November 13, 1995, car-bomb attack on 
the headquarters of the Office of Program Manager, Saudi Arabian 
National Guard in Riyadh, Saudi Arabia, involved loss of life related 
to a U.S. mission abroad. Therefore, I am convening an Accountability 
Review Board, as required by that statute, to examine the facts and 
circumstances of the attack and report to me such findings and 
recommendations as it deems appropriate, * * *''.
    In Department of State Public Notice 2191 (60 F.R. 21020; April 28, 
1995), the Deputy Secretary of State:
    ``* * * determined that the March 8, 1995, terrorist attack on the 
Consulate shuttle bus in Karachi, Pakistan, involved loss of life 
related to a U.S. mission abroad. Therefore I am convening an 
Accountability Review Board, as required by that statute, to examine 
the facts and circumstances of the attack and report to me such 
findings and recommendations as it deems appropriate, * * *.''.
    Previously, an accountability review board was convened to 
investigate an explosion at the U.S. ambassador's residence in Lima, 
Peru (State Department Public Notice 1587; April 15, 1992; 57 F.R. 
14744).
---------------------------------------------------------------------------

SEC. 302.\17\ ACCOUNTABILITY REVIEW BOARD.

    (a) Membership.--A Board shall consist of five members, 4 
appointed by the Secretary of State, and 1 appointed by the 
Director of Central Intelligence. The Secretary of State shall 
designate the Chairperson of the Board. Members of the Board 
who are not Federal officers or employees shall each be paid at 
a rate not to exceed the maximum rate of basic pay payable for 
level GS-18 of the General Schedule for each day (including 
travel time) during which they are engaged in the actual 
performance of duties vested in the Board. Members of the Board 
who are Federal officers or employees shall receive no 
additional pay by reason of such membership.
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 4832.
---------------------------------------------------------------------------
    (b) Facilities, Services, Supplies, and Staff.--
          (1) Supplied by department of state.--A Board shall 
        obtain facilities, services, and supplies through the 
        Department of State. All expenses of the Board, 
        including necessary costs of travel, shall be paid by 
        the Department of State. Travel expenses authorized 
        under this paragraph shall be paid in accordance with 
        subchapter I of chapter 57 of title 5, United States 
        Code or other applicable law.
          (2) Detail.--At the request of a Board, employees of 
        the Department of State or other Federal agencies, 
        members of the Foreign Service, or members of the 
        uniformed services may be temporarily assigned, with or 
        without reimbursement, to assist the Board.
          (3) Experts and consultants.--A Board may employ and 
        compensate (in accordance with section 3109 of title 5, 
        United States Code) such experts and consultants as the 
        Board considers necessary to carry out its functions. 
        Experts and consultants so employed shall be 
        responsible solely to the Board.

SEC. 303.\18\ PROCEDURES.

    (a) Evidence.--
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 4833.
---------------------------------------------------------------------------
          (1) United states government personnel and 
        contractors.--
                  (A) With respect to any individual described 
                in subparagraph (B), a Board may--
                          (i) administer oaths and 
                        affirmations;
                          (ii) require that depositions be 
                        given and interrogatories answered; and
                          (iii) require the attendance and 
                        presentation of testimony and evidence 
                        by such individual.
                Failure of any such individual to comply with a 
                request of the Board shall be grounds for 
                disciplinary action by the head of the Federal 
                agency in which such individual is employed or 
                serves, or in the case of a contractor, 
                debarment.
                  (B) The individuals referred to in 
                subparagraph (A) are--
                          (i) employees as defined by section 
                        2105 of title 5, United States Code 
                        (including members of the Foreign 
                        Service);
                          (ii) members of the uniformed 
                        services as defined by section 101(3) 
                        of title 37, United States Code;
                          (iii) employees of instrumentalities 
                        of the United States; and
                          (iv) individuals employed by any 
                        person or entity under contract with 
                        agencies or instrumentalities of the 
                        United States Government to provide 
                        services, equipment, or personnel.
          (2) Other persons.--With respect to a person who is 
        not described in paragraph (1)(B), a Board may 
        administer oaths and affirmations and require that 
        depositions be given and interrogatories answered.
          (3) Subpoenas.--(A) The Board may issue a subpoena 
        for the attendance and testimony of any person (other 
        than a person described in clause (i), (ii), or (iii) 
        of paragraph (1)(B)) and the production of documentary 
        or other evidence from any such person if the Board 
        finds that such a subpoena is necessary in the 
        interests of justice for the development of relevant 
        evidence.
          (B) In the case of contumacy of refusal to obey a 
        subpoena issued under this paragraph, a court of the 
        United States within the jurisdiction of which a person 
        is directed to appear or produce information, or within 
        the jurisdiction of which the person is found, resides, 
        or transacts business, may upon application of the 
        Attorney General, issue to such person an order 
        requiring such person to appear before the Board to 
        give testimony or produce information as required by 
        the subpoena.
          (C) Subpoenaed witnesses shall be paid the same fee 
        and mileage allowances which are paid subpoenaed 
        witnesses in the courts of the United States.
    (b) Confidentiality.--A Board shall adopt for 
administrative proceedings under this title such procedures 
with respect to confidentiality as may be deemed necessary, 
including procedures relating to the conduct of closed 
proceedings or the submission and use of evidence in camera, to 
ensure in particular the protection of classified information 
relating to national defense, foreign policy, or intelligence 
matters. The Director of Central Intelligence shall establish 
the level of protection required for intelligence information 
and for information relating to intelligence personnel, 
including standards for secure storage.
    (c) Records.--Records pertaining to administrative 
proceedings under this title shall be separated from all other 
records of the Department of State and shall be maintained 
under appropriate safeguards to preserve confidentiality and 
classification of information. Such records shall be prohibited 
from disclosure to the public until such time as a Board 
completes its work and is dismissed. The Department of State 
shall turn over to the Director of Central Intelligence 
intelligence information and information relating to 
intelligence personnel which shall then become records of the 
Central Intelligence Agency. After that time, only such 
exemptions from disclosure under section 552(b) of title 5, 
United States Code (relating to freedom of information), as 
apply to other records of the Department of State, and to any 
information transmitted under section 304(c) to the head of a 
Federal agency or instrumentality, shall be available for the 
remaining records of the Board.
    (d) Status of Boards.--The provisions of the Federal 
Advisory Committee Act (5 U.S.C. App. 1 et seq.) and section 
552b of title 5 of the United States Code (relating to open 
meetings) shall not apply to any Board.

SEC. 304.\19\ FINDINGS AND RECOMMENDATIONS BY A BOARD.

    (a) Findings.--A Board convened in any case shall examine 
the facts and circumstances surrounding the serious injury, 
loss of life, or significant destruction of property at or 
related to a United States Government mission abroad or 
surrounding the serious breach of security involving 
intelligence activities of a foreign government directed at a 
United States Government mission abroad (as the case may be) 
and shall make written findings determining--
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 4834.
---------------------------------------------------------------------------
          (1) the extent to which the incident or incidents 
        with respect to which the Board was convened was 
        security related;
          (2) whether the security systems and security 
        procedures at that mission were adequate;
          (3) whether the security systems and security 
        procedures were properly implemented;
          (4) the impact of intelligence and information 
        availability; and
          (5) such other facts and circumstances which may be 
        relevant to the appropriate security management of 
        United States missions abroad.
    (b) Program Recommendations.--A Board shall submit its 
findings (which may be classified to the extent deemed 
necessary by the Board) to the Secretary of State, together 
with recommendations as appropriate to improve the security and 
efficiency of any program or operation which the Board has 
reviewed.
    (c) Personnel Recommendations.--Whenever a Board finds 
reasonable cause to believe that an individual described in 
section 303(a)(1)(B) has breached the duty of that individual, 
the Board shall--
          (1) notify the individual concerned,
          (2) transmit the finding of reasonable cause, 
        together with all information relevant to such finding, 
        to the head of the appropriate Federal agency or 
        instrumentality, and
          (3) recommend that such agency or instrumentality 
        initiate an appropriate investigatory or disciplinary 
        action.
In determining whether an individual has breached a duty of 
that individual, the Board shall take into account any standard 
of conduct, law, rule, regulation, contract, or order which is 
pertinent to the performance of the duties of that individual.
    (d) Reports.--
          (1) Program recommendations.--In any case in which a 
        Board transmits recommendations to the Secretary of 
        State under subsection (b), the Secretary shall, not 
        later than 90 days after the receipt of such 
        recommendations, submit a report to the Congress on 
        each such recommendation and the action taken with 
        respect to that recommendation.
          (2) Personnel recommendations.--In any case in which 
        a Board transmits a finding of reasonable cause under 
        subsection (c), the head of the Federal agency or 
        instrumentality receiving the information shall review 
        the evidence and recommendations and shall, not later 
        than 30 days after the receipt of that finding, 
        transmit to the Congress a report specifying--
                  (A) the nature of the case and a summary of 
                the evidence transmitted by the Board; and
                  (B) the decision by the Federal agency or 
                instrumentality, to take disciplinary or other 
                appropriate action against that individual or 
                the reasons for deciding not to take 
                disciplinary or other action with respect to 
                that individual.

SEC. 305.\20\ RELATION TO OTHER PROCEEDINGS.

    Nothing in this title shall be construed to create 
administrative or judicial review remedies or rights of action 
not otherwise available by law, nor shall any provision of this 
title be construed to deprive any person of any right or legal 
defense which would otherwise be available to that person under 
any law, rule, or regulation.
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 4835.
---------------------------------------------------------------------------

                 TITLE IV--DIPLOMATIC SECURITY PROGRAM


SEC. 401.\21\ AUTHORIZATION.

    (a) Diplomatic Security Program.--
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 4851. Sec. 302 of the Department of State 
Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2207; 22 U.S.C. 
4851 note), provided the following:
    ``The Secretary of State shall report to the appropriate committees 
of the Congress on the obligation of funds provided for diplomatic 
security and related expenses every month.''.
---------------------------------------------------------------------------
          (1) In general.--In addition to amounts otherwise 
        available for such purposes, the following amounts are 
        authorized to be appropriated for fiscal years 1986 and 
        1987, for the Department of State to carry out 
        diplomatic security construction, acquisition, and 
        operations pursuant to the Department of State's 
        Supplemental Diplomatic Security Program, as justified 
        to the Congress for the respective fiscal year for 
        ``Administration of Foreign Affairs,'' as follows:
                  (A) For ``Salaries and Expenses,'' 
                $308,104,000.
                  (B) For ``Acquisition and Maintenance of 
                Buildings Abroad,'' $857,806,000.
                  (C) For ``Counterterrorism Research and 
                Development,'' $15,000,000.
          (2) Antiterrorism assistance.--* * *.
          (3) \22\ * * * [Repealed--1995]
---------------------------------------------------------------------------
    \22\ Sec. 101(c) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 388), repealed para. 
(3), effective October 1, 1995. It had read, as amended, as follows:
    ``(3) Capital construction, fiscal years 1988 through 1990.--There 
is authorized to be appropriated for the Department of State for 
``Acquisition and Maintenance of Buildings Abroad'' for each of the 
fiscal years 1988 through 1990, $417,962,000 to carry out diplomatic 
security construction, acquisition, and operations pursuant to the 
Department of State's Supplemental Diplomatic Security Program. 
Authorizations of appropriations under this paragraph shall remain 
available until the appropriations are made.''.
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          (4) Allocation of amounts authorized to be 
        appropriated.--Amounts authorized to be appropriated by 
        this sub-

        section, and by the amendment made by paragraph (2), 
        shall be allocated as provided in the table entitled 
        ``Diplomatic Security Program'' relating to this 
        section which appears in the Joint Explanatory 
        Statement of the Committee of Conference to accompany 
        H.R. 4151 of the 99th Congress (the Omnibus Diplomatic 
        Security and Antiterrorism Act of 1986).
    (b) Notification to authorizing Committees of Requests for 
Appropriations.--In any fiscal year, whenever the Secretary of 
State submits to the Congress a request for appropriations to 
carry out the program described in subsection (a), the 
Secretary shall notify the Committee on Foreign Affairs \23\ of 
the House of Representatives and the Committee on Foreign 
Relations of the Senate of such request, together with a 
justification of each item listed in such request.
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    \23\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (c) * * * [Repealed--1994]
    (d) Prohibition on Reallocations of Authorizations.--
Section 24(d) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2692(d)) shall not apply with respect to any 
amounts authorized to be appropriated under this section.
    (e) Security Requirements of Other Foreign Affairs 
Agencies.--Based solely on security requirements and within the 
total amount of funds available for security, the Secretary of 
State shall ensure that an equitable level of funding is 
provided for the security requirements of other foreign affairs 
agencies.
    (f) Insufficiency of Funds.--In the event that sufficient 
funds are not available in any fiscal year for all of the 
diplomatic security construction, acquisition, and operations 
pursuant to the Department of State's Supplemental Diplomatic 
Security Program, as justified to the Congress for such fiscal 
year, the Secretary of State shall report to the Congress the 
effect that the insufficiency of funds will have with respect 
to the Department of State and each of the other foreign 
affairs agencies.
    (g) Allocation of Funds for Certain Security Programs.--Of 
the amount of funds authorized to be appropriated by subsection 
(a)(1)(A), $34,537,000 shall be available to the Secretary of 
State only for the protection of classified office equipment, 
the expansion of information systems security, and the hiring 
of American systems managers and operators for computers at 
high threat locations.
    (h) Furniture, Furnishings, and Equipment.
          (1) Use of existing furniture, furnishings, and 
        equipment.--If physically possible, facilities 
        constructed or acquired pursuant to subsection (a) 
        shall be furnished and equipped with the furniture, 
        furnishings, and equipment that were being used in the 
        facilities being replaced, rather than with newly 
        acquired furniture, furnishings, and equipment.

SEC. 402.\24\ DIPLOMATIC CONSTRUCTION PROGRAM.

    (a) Preference for United States Contractors.--
Notwithstanding section 11 of the Foreign Service Buildings 
Act, 1926, and where adequate competition exists, only United 
States persons and qualified United States joint venture 
persons may--
---------------------------------------------------------------------------
    \24\ 22 U.S.C. 4852.
---------------------------------------------------------------------------
          (1) bid on a diplomatic construction or design 
        project which has an estimated total project value 
        exceeding $10,000,000; and
          (2) bid on a diplomatic construction or design 
        project which involves technical security, unless the 
        project involves low-level technology, as determined by 
        the Secretary of State.
    (b) Exception.--Subsection (a) shall not apply with respect 
to any diplomatic construction or design project in a foreign 
country whose statutes prohibit the use of United States 
contractors on such projects. The exception contained in this 
subsection shall only become effective with respect to a 
foreign country 30 days after the Secretary of State certifies 
to the Committee on Foreign Affairs \25\ and the Committee on 
Appropriations of the House of Representatives and the 
Committee on Foreign Relations and the Committee on 
Appropriations of the Senate what specific actions he has taken 
to urge such foreign country to permit the use of United States 
contractors on such projects, and what actions he shall take 
with respect to that country as authorized by title II of the 
State Department Basic Authorities Act of 1956 (22 U.S.C. 4301 
et seq.; commonly referred to as the ``Foreign Missions Act'').
---------------------------------------------------------------------------
    \25\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (c) Definitions.--For the purposes of this section--
          (1) the term ``adequate competition'' means with 
        respect to a construction or design project, the 
        presence of two or more qualified bidders submitting 
        responsive bids for that project;
          (2) the term ``United States person'' means a person 
        which--
                  (A) is incorporated or legally organized 
                under the laws of the United States, including 
                State, the District of Columbia, and local 
                laws;
                  (B) has its principal place of business in 
                the United States;
                  (C) has been incorporated or legally 
                organized in the United States--
                          (i) for more than 5 years before the 
                        issuance date of the invitation for 
                        bids or request for proposals with 
                        respect to a construction project under 
                        subsection (a)(1); and
                          (ii) for more than 2 years before the 
                        issuance date of the invitation for 
                        bids or request for proposals with 
                        respect to a construction or design 
                        project which involves physical or 
                        technical security under subsection 
                        (a)(2);
                  (D) has performed within the United States 
                administrative and technical, professional, or 
                construction services similar in complexity, 
                type of construction, and value to the project 
                being bid;
                  (E) with respect to a construction project 
                under subsection (a)(1), has achieved total 
                business volume equal to or greater than the 
                value of the project being bid in 3 years of 
                the 5-year period before the date specified in 
                subparagraph (C)(i);
                  (F)(i) employs United State citizens in at 
                least 80 percent of its principal management 
                positions in the United States,
                  (ii) employs United States citizens in more 
                than half of its permanent, full-time positions 
                in the United States, and
                  (iii) will employ United States citizens in 
                at least 80 percent of the supervisory 
                positions on the foreign buildings office 
                project site; and
                  (G) has the existing technical and financial 
                resources in the United States to perform the 
                contract; and
          (3) the term ``qualified United States joint venture 
        person'' means a joint venture in which a United States 
        person or persons owns at least 51 percent of the 
        assets of the joint venture.
    (d) American Minority Contractors.--Not less than 10 
percent of the amount appropriated pursuant to section 401(a) 
for diplomatic construction or design projects each fiscal year 
shall be allocated to the extent practicable for contracts with 
American minority contractors.
    (e) American Small Business Contractors.--Not less than 10 
percent of the amount appropriated pursuant to section 401(a) 
for diplomatic construction or design projects each fiscal year 
shall be allocated to the extent practicable for contracts with 
American small business contractors.
    (f) Limitation on Subcontracting.--With respect to a 
diplomatic construction project, a prime contractor may not 
subcontract more than 50 percent of the total value of its 
contract for that project.

SEC. 403.\26\ SECURITY REQUIREMENTS FOR CONTRACTORS.

    Not later than 90 days after the date of enactment of this 
Act, the Secretary of State shall issue regulations to--
---------------------------------------------------------------------------
    \26\ 22 U.S.C. 4853.
---------------------------------------------------------------------------
          (1) strengthen the security procedures applicable to 
        contractors and subcontractors involved in any way with 
        any diplomatic construction or design project; and
          (2) permit a contractor or subcontractor to have 
        access to any design or blueprint relating to such a 
        project only in accordance with those procedures.

SEC. 404.\27\ QUALIFICATIONS OF PERSONS HIRED FOR THE DIPLOMATIC 
                    CONSTRUCTION PROGRAM.

    In carrying out the diplomatic construction program 
referred to in section 401(a), the Secretary of State shall 
employ as professional staff (by appointment, contract, or 
otherwise) only those persons with a demonstrated specialized 
background in the fields of construction law, or contract 
management. In filling such positions, the Secretary shall 
actively recruit women and members of minority groups.
---------------------------------------------------------------------------
    \27\ 22 U.S.C. 4854.
---------------------------------------------------------------------------

SEC. 405.\28\ COST OVERRUNS.

    Any amount required to complete any capital project 
described in the Department of State's Supplemental Diplomatic 
Security Program, as justified to the Congress for the 
respective fiscal year, which is in excess of the amount made 
available for that project pursuant to section 401(a) (1) or 
(3) shall be treated as a reprogramming of funds under section 
34 of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2706) and shall not be available for obligation or 
expenditure except in compliance with the procedures applicable 
to such reprogrammings.
---------------------------------------------------------------------------
    \28\ 22 U.S.C. 4855.
---------------------------------------------------------------------------

SEC. 406.\29\ EFFICIENCY IN CONTRACTING.

    (a) Bonuses and Penalties.--The Director of the Office of 
Foreign Buildings shall provide for a contract system of 
bonuses and penalties for the diplomatic construction program 
funded pursuant to the authorizations of appropriations 
provided in this title. Not later than 3 months after the date 
of enactment of this Act, the Director shall submit a report to 
the Congress on the implementation of this section.
---------------------------------------------------------------------------
    \29\ 22 U.S.C. 4856.
---------------------------------------------------------------------------
    (b) Surety Bonds and Guarantees.--The Director of the 
Office of Foreign Buildings shall require each person awarded a 
contract for work under the diplomatic construction program to 
post a surety bond or guarantee, in such amount as the Director 
may determine, to assure performance under such contract.
    (c) Disqualification of Contractors.--No person doing 
business with Libya may be eligible for any contract awarded 
pursuant to this Act.

SEC. 407.\30\ ADVISORY PANEL ON OVERSEAS SECURITY.

    Not later than 90 days after the date of enactment of this 
Act, the Secretary of State shall submit a report to the 
Congress on the implementation of the 91 recommendations 
contained in the final report of the Advisory Panel on Overseas 
Security. If any such recommendation has been rejected, the 
Secretary shall provide the reasons why that recommendation was 
rejected.
---------------------------------------------------------------------------
    \30\ 22 U.S.C. 4857.
---------------------------------------------------------------------------

SEC. 408.\31\ TRAINING TO IMPROVE PERIMETER SECURITY AT UNITED STATES 
                    DIPLOMATIC MISSIONS ABROAD.

    (a) Training.--It is the sense of Congress that the 
President should use the authority under chapter 8 of title II 
of the Foreign Assistance Act of 1961 (relating to 
antiterrorism assistance) to improve perimeter security of 
United States diplomatic missions abroad.
---------------------------------------------------------------------------
    \31\ 22 U.S.C. 4858. Sec. 139(20) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 398), repealed subsec. (b) of this section, which had required 
that the President report annually ``on the progress and problems of 
improving perimeter security of United States diplomatic missions 
abroad.''.
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SEC. 409.\32\ PROTECTION OF PUBLIC ENTRANCES OF UNITED STATES 
                    DIPLOMATIC MISSIONS ABROAD.

    The Secretary of State shall install and maintain a walk-
through metal detector or other advanced screening system at 
public entrances of each United States diplomatic mission 
abroad.
---------------------------------------------------------------------------
    \32\ 22 U.S.C. 4859.
---------------------------------------------------------------------------

SEC. 410. CERTAIN PROTECTIVE FUNCTIONS.

    Section 208(a) of title 3, United States Code, is amended 
by adding at the end thereof the following: ``In carrying out 
any duty under section 202(7), the Secretary of State is 
authorized to utilize any authority available to the Secretary 
under title II of the State Department Basic Authorities Act of 
1956.''.

SEC. 411.\33\ REIMBURSEMENT OF THE DEPARTMENT OF THE TREASURY.

    The Secretary of State shall reimburse the appropriate 
appropriations account of the Department of the Treasury out of 
funds appropriated pursuant to section 401(a)(1) for the actual 
costs incurred by the United States Secret Service, as agreed 
to by the Secretary of the Treasury, for providing protection 
for the spouses of foreign heads of state during fiscal years 
1986 and 1987.
---------------------------------------------------------------------------
    \33\ 22 U.S.C. 4860.
---------------------------------------------------------------------------

SEC. 412. INSPECTOR GENERAL FOR THE UNITED STATES INFORMATION AGENCY.

    (a) * * *.
    (b) Earmark.--Of the funds authorized to be appropriated to 
the United States Information Agency for the fiscal year 1987, 
not less than $3,000,000 shall be available only for the 
operation of the office of the Inspector General established by 
the amendment made by subsection (a).
    (c) Position at Level IV of the Executive Schedule.--
Section 5315 of title 5, United States Code, is amended by 
adding at the end thereof the following:

    ``Inspector General, United States Information Agency.''.

SEC. 413.\34\ INSPECTOR GENERAL FOR THE DEPARTMENT OF STATE.

    (a) Direction to establish.--The Congress directs the 
Secretary of State to proceed immediately to establish an 
Office of Inspector General of the Department of State not 
later than October 1, 1986. Not later than January 31, 1987, 
the Secretary of State shall submit a report to the Committee 
on Foreign Relations of the Senate and the Committee on Foreign 
Affairs \35\ of the House of Representatives on the progress of 
establishing that office. Such report shall include an 
accounting of the obligation of funds for fiscal year 1987 for 
that office.
---------------------------------------------------------------------------
    \34\ 22 U.S.C. 4861.
    \35\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (b) Duties and responsibilities.--The Inspector General of 
the Department of State (as established by the amendment made 
by section 150(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1986 and 1987) is authorized to perform all duties 
and responsibilities, and to exercise the authorities, stated 
in section 209 of the Foreign Service Act of 1980 (22 U.S.C. 
3929) and in the Inspector General Act of 1978.
    (c) Earmark.--Of the amounts made available for fiscal year 
1987 for salaries and expenses under the heading 
``Administration of Foreign Affairs'', not less than $6,500,000 
shall be used for the sole purpose of establishing and 
maintaining the Office of Inspector General of the Department 
of State.
    (d) Limitation on appointment.--No career member of the 
Foreign Service, as defined by section 103 of the Foreign 
Service Act of 1980 (22 U.S.C. 3903), may be appointed 
Inspector General of the Department of State.
    (e) Position at level iv of the executive schedule.--
Section 5315 of title 5, United States Code (as amended by 
section 412), is amended by adding at the end thereof the 
following:

    ``Inspector General, Department of State.''.

          (6) \36\ * * * [Repealed--1986]
---------------------------------------------------------------------------
    \36\ Paragraph (6) was repealed by sec. 405 of Public Law 99-529 
(100 Stat. 3010).
---------------------------------------------------------------------------
    (b) * * * [Repealed--1987]
    (c) * * *

SEC. 414.\37\ PROHIBITION ON THE USE OF FUNDS FOR FACILITIES IN ISRAEL, 
                    JERUSALEM, OR THE WEST BANK.

    None of the funds authorized to be appropriated by this Act 
may be obligated or expended for site acquisition, development, 
or construction of any facility in Israel, Jerusalem, or the 
West Bank.
---------------------------------------------------------------------------
    \37\ 22 U.S.C. 4862. Sec. 305 of the Department of State 
Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2208), provided 
the following:
    ``Sec. 305. Notwithstanding section 130 of the Foreign Relations 
Authorization Act, Fiscal Years 1988-89 and section 414 of the 
Diplomatic Security Act and any other provisions of law, such funds as 
are authorized, or that may be authorized, under the Diplomatic 
Security Act or any other statute, and appropriated to the Department 
of State under this or any other Act, may be hereafter obligated or 
expended for site acquisition, development, and construction of two new 
diplomatic facilities in Israel, Jerusalem, or the West Bank, provided 
that each facility (A) equally preserves the ability of the United 
States to locate its Ambassador or its Consul General at that site, 
consistent with United States policy; (B) shall not be denominated as 
the United States Embassy or Consulate until after the construction of 
both facilities has begun, and construction of one facility has been 
completed, or is near completion; and (C) unless security 
considerations require otherwise, commences operation 
simultaneously.''.
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SEC. 415. USE OF CLEARED PERSONNEL TO ENSURE SECURE MAINTENANCE AND 
                    REPAIR OF DIPLOMATIC FACILITIES ABROAD.

    (a) Policies and Regulations.--The Secretary of State shall 
develop and implement policies and regulations to provide for 
the use of persons who have been granted an appropriate United 
states security clearance to ensure that the security of areas 
intended for the storage of classified materials or the conduct 
of classified activities in a United States diplomatic mission 
or consular post abroad is not compromised in the performance 
of maintenance and repair services in those areas.
    (b) Study and Report.--The Secretary of State shall conduct 
a study of the feasibility and necessity of requiring that, in 
the case of certain United States diplomatic facilities abroad, 
no contractor shall be hired to perform maintenance or repair 
services in an area intended for the storage of classified 
materials or the conduct of classified activities unless such 
contractor has been granted an appropriate United States 
security clearance. Such study shall include, but is not 
limited to, United States facilities located in Cairo, New 
Delhi, Riyadh, and Tokyo. Not later than 180 days after the 
date of the enactment of this section, the Secretary of State 
shall report the results of such study to the Chairman of the 
Committee on Foreign Relations of the Senate and the Committee 
on Foreign Affairs \38\ of the House of Representatives.
---------------------------------------------------------------------------
    \38\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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TITLE V--STATE DEPARTMENT AUTHORITIES TO COMBAT INTERNATIONAL TERRORISM


SEC. 501.\39\ REWARDS FOR INTERNATIONAL TERRORISTS.

    It is the sense of the Congress that the Secretary of State 
should more vigorously utilize the moneys available under 
section 36(a) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2708(a); relating to rewards for information on 
international terrorism) to more effectively apprehend and 
prosecute international terrorists. It is further the sense of 
the Congress that the Secretary of State should consider widely 
publicizing the sizable rewards available under present law so 
that major international terrorist figures may be brought to 
justice.
---------------------------------------------------------------------------
    \39\ 22 U.S.C. 2708 note. Sec. 12 of the International Narcotics 
Control Act of 1989 (Public Law 101-231; 103 Stat. 1963), amended 
section 36(c) of the State Department Basic Authorities Act of 1956, to 
increase the amount available for rewards for information leading to 
the arrest and conviction in any country of any individual involved in 
the commission of an act of international terrorism from $500,000 to 
$2,000,000.

           *       *       *       *       *       *       *

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SEC. 505.\40\ TERRORISM-RELATED TRAVEL ADVISORIES.

    The Secretary of State shall promptly advise the Congress 
whenever the Department of State issues a travel advisory, or 
other public warning notice for United States citizens 
traveling abroad, because of a terrorist threat or other 
security concern.
---------------------------------------------------------------------------
    \40\ 22 U.S.C. 2656e.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 508. NONLETHAL AIRPORT SECURITY EQUIPMENT AND COMMODITIES FOR 
                    EGYPT.

    In addition to funds otherwise available for such purposes 
under chapter 8 of part II of the Foreign Assistance Act of 
1961, assistance authorized to carry out the purposes of 
chapter 4 of part II of such Act for the fiscal years 1986 and 
1987 (as well as undisbursed balances of previously obligated 
funds under such chapter) which are allocated for Egypt may be 
furnished, notwithstanding section 660 of such Act, for the 
provision of nonlethal airport security equipment and 
commodities, and training in the use of such equipment and 
commodities. The authority contained in this section shall be 
exercised by the Department of State's office responsible for 
administering chapter 8 of part II of the Foreign Assistance 
Act of 1961, in coordination with the Agency for International 
Development.

           *       *       *       *       *       *       *


               TITLE VI--INTERNATIONAL NUCLEAR TERRORISM


SEC. 601.\41\ ACTIONS TO COMBAT INTERNATIONAL NUCLEAR TERRORISM.

    (a) Actions to be Taken by the President.--The Congress 
hereby directs the President--
---------------------------------------------------------------------------
    \41\ 22 U.S.C. 3244.
---------------------------------------------------------------------------
          (1) to seek universal adherence to the Convention on 
        the Physical Protection of Nuclear Material;
          (2) to--
                  (A) conduct a review, enlisting the 
                participation of all relevant departments and 
                agencies of the Government, to determine 
                whether the recommendations on Physical 
                Protection of Nuclear Material published by the 
                International Atomic Energy Agency are adequate 
                to deter theft, sabotage, and the use of 
                nuclear facilities and materials in acts of 
                international terrorism, and
                  (B) transmit the results of this review to 
                the Director-General of the International 
                Atomic Energy Agency;
          (3) to take, in concert with United States allies and 
        other countries, such steps as may be necessary--
                  (A) to keep to a minimum the amount of 
                weapons-grade nuclear material in international 
                transit, and
                  (B) to ensure that when any such material is 
                transported internationally, it is under the 
                most effective means for adequately protecting 
                it from acts or attempted acts of sabotage or 
                theft by terrorist groups or nations; and
          (4) to seek agreement in the United Nations Security 
        Council to establish--
                  (A) an effective regime of international 
                sanctions against any nation or subnational 
                group which conducts or sponsors acts of 
                international nuclear terrorism, and
                  (B) measures for coordinating responses to 
                all acts of international nuclear terrorism, 
                including measures for the recovery of stolen 
                nuclear material and the clean-up of nuclear 
                releases.
    (b) Reports to the Congress.--The President shall report to 
the Congress annually, in the reports required by section 601 
of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3281), 
on the progress made during the preceding year in achieving the 
objectives described in this section.

           *       *       *       *       *       *       *


SEC. 604. REVIEW OF PHYSICAL SECURITY STANDARDS.

    (a) Reviews.--The Secretary of Energy, the Secretary of 
Defense, the Secretary of State, the Director of the Arms 
Controls and Disarmament Agency, and the Nuclear Regulatory 
Commission shall each review the adequacy of the physical 
security standards currently applicable with respect to the 
shipment and storage (outside the United States) of plutonium, 
and uranium enriched to more than 20 percent in the isotope 233 
or the isotope 235, which is subject to United States prior 
consent rights, with special attention to protection against 
risks of seizure or other terrorist acts.
    (b) Reports.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Energy, the Secretary 
of Defense, the Secretary of State, the Director of the Arms 
Control and Disarmament Agency, and the Nuclear Regulatory 
Commission shall each submit a written report to the Committee 
on Foreign Affairs \42\ of the House of Representatives and the 
Committee on Foreign Relations of the Senate setting forth the 
results of the review conducted pursuant to this section, 
together with appropriate recommendations.
---------------------------------------------------------------------------
    \42\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

SEC. 605. INTERNATIONAL REVIEW OF THE NUCLEAR TERRORISM PROBLEM.

    The Congress strongly urges the President to seek a 
comprehensive review of the problem of nuclear terrorism by an 
international conference.

           *       *       *       *       *       *       *


 TITLE VII--MULTILATERAL COOPERATION TO COMBAT INTERNATIONAL TERRORISM


SEC. 701. INTERNATIONAL ANTITERRORISM COMMITTEE.

    (a) Findings.--The Congress finds that--
          (1) international terrorism is and remains a serious 
        threat to the peace and security of free, democratic 
        nations;
          (2) the challenge of terrorism can only by met 
        effectively by concerted action on the part of all 
        responsible nations;
          (3) the major developed democracies evidenced their 
        commitment to cooperation in the fight against 
        terrorism by the 1978 Bonn Economic Summit Declaration 
        on Terrorism; and
          (4) that commitment was renewed and strengthened at 
        the 1986 Tokyo Economic Summit and expressed in a joint 
        statement on terrorism.
    (b) International Antiterrorism Committee--The Congress 
hereby directs the President to continue to seek the 
establishment of an international committee, to be known as the 
International Antiterrorism Committee. As a first step in 
establishing such committee, the President should propose to 
the North Atlantic Treaty Organization the establishment of a 
standing political committee to examine all aspects of 
international terrorism, review opportunities for cooperation, 
and make recommendations to member nations. After the 
establishment of this committee, the President should invite 
such other countries who may choose to participate. The purpose 
of the International Antiterrorism Committee should be to focus 
the attention and secure the cooperation of the governments and 
the public of the participating countries and of other 
countries on the problems and responses to international 
terrorism (including nuclear terrorism), by serving as a forum 
at both the political and law enforcement levels.

SEC. 702. INTERNATIONAL ARRANGEMENTS RELATING TO PASSPORTS AND VISAS.

    The Congress strongly urges the President to seek the 
negotiation of international agreements (or other appropriate 
arrangements) to provide for the sharing of information 
relating to passports and visas in order to enhance cooperation 
among countries in combating international terrorism.

SEC. 703. PROTECTION OF AMERICANS ENDANGERED BY THE APPEARANCE OF THEIR 
                    PLACE OF BIRTH ON THEIR PASSPORTS.

    (a) Findings.--The Congress finds that some citizens of the 
United States may be specially endangered during a hijacking or 
other terrorist incident by the fact that their place of birth 
appears on their United States passport.
    (b) Report.--Not later than one year after the date of 
enactment of this Act, the Comptroller General of the United 
States shall submit a report to the Congress on the 
implications of deleting the place of birth as a required item 
of information on passports.

SEC. 704. USE OF DIPLOMATIC PRIVILEGES AND IMMUNITIES FOR TERRORISM 
                    PURPOSES.

    The Congress strongly urges the President to instruct the 
Permanent Representative of the United States to the United 
Nations to seek the adoption of a resolution in the United 
Nations condemning the use for terrorist purposes of diplomatic 
privileges and immunities under the Vienna Convention on 
Diplomatic Relations, especially the misuse of diplomatic 
pouches and diplomatic missions.

SEC. 705. REPORTS ON PROGRESS IN INCREASING MULTILATERAL COOPERATION.

    Not later than February 1, 1987, the President shall submit 
a report to the Congress on the steps taken to carry out each 
of the preceding sections of this title (except for section 
703) and the progress being made in achieving the objectives 
described in these sections.

             TITLE VIII--VICTIMS OF TERRORISM COMPENSATION


SEC. 801. SHORT TITLE.

    This title may be cited as the ``Victims of Terrorism 
Compensation Act.''

SEC. 802. PAYMENT TO INDIVIDUALS HELD IN CAPTIVE STATUS BETWEEN 
                    NOVEMBER 4, 1979, AND JANUARY 21, 1981.

    The amount of the payment for individuals in the Civil 
Service referred to in section 5569(d) of title 5, United 
States Code (as added by section 803 of this title), or for 
individuals in the uniformed services referred to in section 
559(c) of title 37, United States Code (as added by section 806 
of this title), as the case may be, shall be $50 for each day 
any such individual was held in captive status during a period 
commencing on or after November 4, 1979, and ending on or 
before January 21, 1981.

SEC. 803. BENEFITS FOR CAPTIVES AND OTHER VICTIMS OF HOSTILE ACTION.

    (a) In General.--Subchapter VII of chapter 55 of title 5, 
United States Code, is amended by adding at the end therefore 
the following:

``Sec. 5569. Benefits for captives

    ``(a) For the purpose of this section--
          ``(1) `captive' means any individual in a captive 
        status commencing while such individual is--
                  ``(A) in the Civil Service, or
                  ``(B) a citizen, national, or resident alien 
                of the United States rendering personal service 
                to the United States similar to the service of 
                an individual in the Civil Service (other than 
                as a member of the uniformed services);
          ``(2) `captive status' means a missing status which, 
        as determined by the President, arises because of a 
        hostile action and is a result of the individual's 
        relationship with the Government;
          ``(3) `missing status'--
                  ``(A) in the case of an employee, has the 
                meaning provided under section 5561(5) of this 
                title; and
                  ``(B) in the case of an individual other than 
                an employee, has a similar meaning; and
          ``(4) `family member,' as used with respect to a 
        person, means--
                  ``(A) any dependent of such person; and
                  ``(B) any individual (other than a dependent 
                under subparagraph (A)) who is a member of such 
                person's family or household.
    ``(b)(1) The Secretary of the Treasury shall establish a 
savings fund to which the head of an agency may allot all or 
any portion of the pay and allowances of any captive to the 
extent that such pay and allowances are not subject to an 
allotment under section 5563 of this title or any other 
provision of law.
    ``(2) Amounts so allotted to the savings fund shall bear 
interest at a rate which, for any calendar quarter, shall be 
equal to the average rate paid on United States Treasury bills 
with 3-month maturities issued during the preceding calendar 
quarter. Such interest shall be compounded quarterly.
    ``(3) Amounts in the savings fund credited to a captive 
shall be considered as pay and allowances for purposes of 
section 5563 of this title and shall otherwise be subject to 
withdrawal under procedures which the Secretary of the Treasury 
shall establish.
    ``(4) Any interest accruing under this subsection on--
          ``(A) any amount for which an individual is indebted 
        to the United States under section 5562(c) of this 
        title shall be deemed to be part of the amount due 
        under such section 5562(c); and
          ``(B) any amount referred to in section 5566(f) of 
        this title shall be deemed to be part of such amount 
        for purposes of such section 5566(f).
    ``(5) An allotment under this subsection may be made 
without regard to section 5563(c) of this title.
    ``(c) The head of an agency shall pay (by advancement or 
reimbursement) any individual who is a captive, and any family 
member of such individual, for medical and health care, and 
other expenses related to such care, to the extent that such 
care--
        ``(1) is incident to such individual being a captive; 
        and
          ``(2) is not covered--
                  ``(A) by any Government medical or health 
                program; or
                  ``(B) by insurance.
    ``(d)(1) Except as provided in paragraph (3), the President 
shall make a cash payment, computed under paragraph (2), to any 
individual who became or becomes a captive commencing on or 
after November 4, 1979. Such payment shall be made before the 
end of the one-year period beginning on the date on which the 
captive status of such individual terminates or, in the case of 
any individual whose status as a captive terminated before the 
date of the enactment of the Victims of Terrorism Compensation 
Act, before the end of the one-year period beginning on such 
date.
    ``(2) Except as provided in section 802 of the Victims of 
Terrorism Compensation Act, the amount of the payment under 
this subsection with respect to an individual held as a captive 
shall be not less than one-half of the amount of the world-wide 
average per diem rate under section 5702 of this title which 
was in effect for each day that individual was so held.
    ``(3) The President--
          ``(A) may refer a payment under this subsection in 
        the case of any individual who, during the one-year 
        period described in paragraph (1), is charged with an 
        offense described in subparagraph (B), until final 
        disposition of such charge; and
          ``(B) may deny such payment in the case of any 
        individual who is convicted of an offense described in 
        subsection (b) or (c) of section 8312 of this title 
        committed--
                  ``(i) during the period of captivity of such 
                individual; and
                  ``(ii) related to the captive status of such 
                individual.
    ``(4) A payment under this subsection shall be in addition 
to any other amount provided by law.
    ``(5) The provisions of subchapter VIII of this chapter 
(or, in the case of any person not covered by such subchapter, 
similar provisions prescribed by the President) shall apply 
with respect to any amount due an individual under paragraph 
(1) after such individual's death.
    ``(6) Any payment made under paragraph (1) which is later 
denied under paragraph (3)(B) is a claim of the United States 
Government for purposes of section 3711 of title 31.
    ``(e)(1) Under regulations prescribed by the President, the 
benefits provided by the Soldiers' and Sailors' Civil Relief 
Act of 1940 including the benefits provided by section 701 of 
such Act but excluding the benefits provided by sections 104, 
105, 106, 400 through 408, 501 through 512, and 514 of such 
Act, shall be provided in the case of any individual who is a 
captive.
    ``(2) In applying such Act under this subsection--
          ``(A) the term `person in the military service' is 
        deemed to include any such captive;
          ``(B) the term `period of military service' is deemed 
        to include the period during which the individual is in 
        a captive status; and
          ``(C) references to the Secretary of the Army, the 
        Secretary of the Navy, the Adjutant General of the 
        Army, the Chief of Naval Personnel, and the Commandant, 
        United States Marine Corps, are deemed, in the case of 
        any captive, to be references to an individual 
        designated for that purpose by the President.
    ``(f)(1)(A) Under regulations prescribed by the President, 
the head of an agency shall pay (by advancement or 
reimbursement) a spouse or child of a captive for expenses 
incurred for subsistence, tuition, fees, supplies, books, and 
equipment, and other educational expenses, while attending an 
educational or training institution.
    ``(B) Except as provided in subparagraph (C), payments 
shall be available under this paragraph for a spouse or child 
of an individual who is a captive for education or training 
which occurs--
          ``(i) after that individual has been in captive 
        status for 90 days or more, and
          ``(ii) on or before--
                  ``(I) the end of any semester or quarter (as 
                appropriate) which begins before the date on 
                which the captive status of that individual 
                terminates, or
                  ``(II) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course which began before such date or the end 
                of the 16-week period following that date.
In order to respond to special circumstances, the appropriate 
agency head may specify a date for purposes of cessation of 
assistance under clause (ii) which is later than the date which 
would otherwise apply under such clause.
    ``(C) In the event a captive dies and the death is incident 
to that individual being a captive, payments shall be available 
under this paragraph for a spouse or child of such individual 
for education or training which occurs after the date of such 
individual's death.
    ``(D) The preceding provisions of this paragraph shall not 
apply with respect to any spouse or child who is eligible for 
assistance under chapter 35 of title 38 or similar assistance 
under any other provision of law.
    ``(E) For the purpose of this paragraph, `child' means a 
dependent under section 5561(3)(B) of this title.
    ``(2)(A) In order to respond to special circumstances, the 
head of an agency may pay (by advancement or reimbursement) a 
captive for expenses incurred for subsistence, tuition, fees, 
supplies, books, and equipment, and other educational expenses, 
while attending an educational or training institution.
    ``(B) Payments shall be available under this paragraph for 
a captive for education or training which occurs--
          ``(i) after the termination of that individual's 
        captive status, and
          ``(ii) on or before--
                  ``(I) the end of any semester or quarter (as 
                appropriate) which begins before the date which 
                is 10 years after the day on which the captive 
                status of that individual terminates, or
                  ``(II) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course which began before such date or the end 
                of the 16-week period following that date, and
shall be available only to the extent that such payments are 
not otherwise authorized by law.
    ``(3) Assistance under this subsection--
          ``(A) shall be discontinued for any individual whose 
        conduct or progress is unsatisfactory under standards 
        consistent with those established pursuant to section 
        1724 of title 38; and
          ``(B) may not be provided for any individual for a 
        period in excess of 45 months (or the equivalent 
        thereof in other than fulltime education or training).
    ``(4) Regulations prescribed to carry out this subsection 
shall provide that the program under this subsection shall be 
consistent with the assistance program under chapters 35 and 36 
of title 38.
    ``(g) Any benefit provided under subsection (c) or (d) may, 
under regulations prescribed by the President, be provided to a 
family member of an individual if--
          ``(1) such family member is held in captive status; 
        and
          ``(2) such individual is performing service for the 
        United States as described in subsection (a)(1)(A) when 
        the captive status of such family member commences.
    ``(h) Except as provided in subsection (d), this section 
applies with respect to any individual in a captive status 
commencing after January 21, 1981.
    ``(i) Notwithstanding any other provision of this 
subchapter, any determination by the President under subsection 
(a)(2) or (d) shall be conclusive and shall not be subject to 
judicial review.
    ``(j) The President may prescribe regulations necessary to 
administer this section.
    ``(k) Any benefit or payment pursuant to this section shall 
be paid out of funds available for salaries and expenses of the 
relevant agency of the United States.

``Sec. 5570. Compensation for disability or death

    ``(a) For the purpose of this section--
          ``(1) `employee' means--
                  ``(A) any individual in the Civil Service; 
                and
                  ``(B) any individual rendering personal 
                service to the United States similar to the 
                service of an individual in the Civil Service 
                (other than as a member of the uniformed 
                services); and
          ``(2) `family member', as used with respect to an 
        employee, means--
                  ``(A) any dependent of such employee; and
                  ``(B) any individual (other than a dependent 
                under subparagraph (A)) who is a member of the 
                employee's family or household.
    ``(b) The President shall prescribe regulations under which 
an agency head may pay compensation for the disability or death 
of an employee or a family member of an employee if, as 
determined by the President, the disability or death was caused 
by hostile action and was a result of the individual's 
relationship with the Government.
    ``(c) Any compensation otherwise payable to an individual 
under this section in connection with any disability or death 
shall be reduced by any amounts payable to such individual 
under any other program funded in whole or in part by the 
United States (excluding any amount payable under section 
5569(d) of this title) in connection with such disability or 
death, except that nothing in this subsection shall result in 
the reduction of any amount below zero.
    ``(d) A determination by the President under subsection (b) 
shall be conclusive and shall not be subject to judicial 
review.
    ``(e) Compensation under this section may include payment 
(whether by advancement or reimbursement) for any medical or 
health expenses relating to the death or disability involved to 
the extent that such expenses are not covered under subsection 
(c) of section 5569 of this title (other than because of 
paragraph (2) of such subsection).
    ``(f) This section applies with respect to any disability 
or death resulting from an injury which occurs after January 
21, 1981.
    ``(g) Any benefit or payment pursuant to this section shall 
be paid out of funds available for salaries and expenses of the 
relevant agency of the United States.''.
    (b) Conforming Amendment.--The analysis for chapter 55 of 
title 5, United States Code, is amended by inserting after the 
item relating to section 5568 the following:

``5569. Benefits for captives.
``5570. Compensation for disability or death.''.

SEC. 804. RETENTION OF LEAVE BY ALIEN EMPLOYEES FOLLOWING INJURY FROM 
                    HOSTILE ACTION ABROAD.

    Section 6325 of title 5, United States Code, is amended by 
adding at the end thereof the following: ``The preceding 
provisions of this section shall apply in the case of an alien 
employee referred to in section 6301(2)(viii) of this title 
with respect to any leave granted to such alien employee under 
section 6310 of this title or section 408 of the Foreign 
Service Act of 1980.''.

SEC. 805. TRANSITION PROVISIONS.

    (a) Savings Fund.--(1) Amounts may be allotted to the 
savings fund under subsection (b) of section 5569 of title 5, 
United States Code (as added by section 803(a) of this Act) 
from pay and allowances for any pay period ending after January 
21, 1981, and before the establishment of such fund.
    (2) Interest on amounts so allotted with respect to any 
such pay period shall be calculated as if the allotment had 
occurred at the end of such pay period.
    (b) Medical and Health Care; Educational Expenses.--
Subsections (c) and (f) of such section 5569 (as so added) 
shall be carried out with respect to the period after January 
21, 1981, and before the effective date of those subsections, 
under regulations prescribed by the President.
    (c) Definition.--For the purpose of this subsection, ``pay 
and allowances'' has the meaning provided under section 5561 of 
title 5, United States Code.

SEC. 806. BENEFITS FOR MEMBERS OF UNIFORMED SERVICES WHO ARE VICTIMS OF 
                    HOSTILE ACTION.

    (a) Payments.--(1) Chapter 10 of title 37, United States 
Code is amended by adding at the end thereof the following new 
section:

``Sec. 559. Benefits for members held as captives

    ``(a) In this section:
          ``(1) The term `captive status' means a missing 
        status of a member of the uniformed services which, as 
        determined by the President, arises because of a 
        hostile action and is a result of membership in the 
        uniformed services, but does not include a period of 
        captivity of a member as a prisoner of war if Congress 
        provides to such member, in an Act enacted after August 
        27, 1986,\43\ monetary payment in respect of such 
        period of captivity.
---------------------------------------------------------------------------
    \43\ Sec. 1484(d)(4) of Public Law 101-510 (104 Stat. 1717) amended 
title 37, sec. 559, by striking out ``the date of the enactment of the 
Victims of Terrorism Compensation Act'' and inserting in lieu thereof 
``August 27, 1986''.
---------------------------------------------------------------------------
          ``(2) The term `former captive' means a person who, 
        as a member of the uniformed services, was held in a 
        captive status.
    ``(b)(1) The Secretary of the Treasury shall establish a 
savings fund to which the Secretary concerned may allot all or 
any portion of the pay and allowances of any member of the 
uniformed services who is in a captive status to the extent 
that such pay and allowances are not subject to an allotment 
under section 553 of this title or any other provision of law.
    ``(2) Amounts so allotted shall bear interest at a rate 
which for any calendar quarter, shall be equal to the average 
rate paid on United States Treasury bills with three-month 
maturities issued during the preceding calendar quarter. Such 
interest shall be computed quarterly.
    ``(3) Amounts in the savings fund credited to a member 
shall be considered as pay and allowances for purposes of 
section 553(c) of this title and shall otherwise be subject to 
withdrawal under procedures which the Secretary of the Treasury 
shall establish.
    ``(4) Any interest accruing under this subsection on--
          ``(A) any amount for which a member is indebted to 
        the United States under section 552(c) of this title 
        shall be deemed to be part of the amount due under such 
        section; and
          ``(B) any amount referred to in section 556(f) of 
        this title shall be deemed to be part of such amount 
        for purposes of such section.
    ``(5) An allotment under this subsection may be made 
without regard to section 553(c) of this title.
    ``(c)(1) Except as provided in paragraph (3), the President 
shall make a cash payment to any person who is a former 
captive. Such payment shall be made before the end of the one-
year period beginning on the date on which the captive status 
of such person terminates.
    ``(2) Except as provided in section 802 of the Victims of 
Terrorism Compensation Act (5 U.S.C. 5569 note), the amount of 
such payment shall be determined by the President under the 
provisions of section 5569(d)(2) of title 5.
    ``(3)(A) The President--
          ``(i) may defer such payment in the case of any 
        former captive who during such one-year period is 
        charged with an offense described in clause (ii) of 
        this subparagraph, until final disposition of such 
        charge; and
          ``(ii) may deny such payment in the case of any 
        former captive who is convicted of a captivity-related 
        offense--
                  ``(I) referred to in subsection (b) or (c) of 
                section 8312 of title 5; or
                  ``(II) under chapter 47 of title 10 (the 
                Uniform Code of Military Justice) that is 
                punishable by dishonorable discharge, 
                dismissal, or confinement for one year or more.
    ``(B) For the purposes of subparagraph (A) of this 
paragraph, a captivity-related offense is an offense that is--
          ``(i) committed by a person while the person is in a 
        captive status; and
          ``(ii) related to the captive status of the person.
    ``(4) A payment under this subsection is in addition to any 
other amount provided by law.
    ``(5) Any amount due a person under this subsection shall, 
after the death of such person, be deemed to be pay and 
allowances for the purposes of this chapter.
    ``(6) Any payment made under paragraph (1) that is later 
denied under paragraph (3)(A)(ii) is a claim of the United 
States Government for purposes of section 3711 of title 31.
    ``(d) A determination by the President under subsection 
(a)(1) or (c) is final and is not subject to judicial 
review.''.
    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end thereof the following new item:

``559. Benefits for members held as captives.''.

    (3)(A)(i) Except as provided in clause (ii), section 559 of 
title 37, United States Code, as added by paragraph (1), shall 
apply to any person whose captive status begins after January 
21, 1981.
    (ii)(I) Subsection (c) of such section shall apply to any 
person whose captive status begins on or after November 4, 
1979.
    (II) In the case of any person whose status as a captive 
terminated before the date of the enactment of this Act, the 
President shall make a payment under paragraph (1) of such 
subsection before the end of the one-year period beginning on 
such date.
    (B) Amounts may be allotted to a savings fund established 
under such section from pay and allowances for any pay period 
ending after January 21, 1981, and before the establishment of 
such fund.
    (C) Interest on amounts so allotted with respect to any 
such pay period shall be calculated as if the allotment had 
occurred at the end of such pay period.
    (b) Disability and Death Benefits.--(1) Chapter 53 of title 
10, United States Code, is amended by adding at the end thereof 
the following new section:

``Sec. 1032. Disability and death compensation: dependents of members 
                    held as captives

    ``(a) \44\ The President shall prescribe regulations under 
which the Secretary concerned may pay compensation for the 
disability or death of a dependent of a member of the uniformed 
services if the President determines that the disability or 
death--
---------------------------------------------------------------------------
    \44\ Functions vested in the President by this section were 
delegated to the Secretary of Defense, to be exercised in consultation 
with the Secretary of Labor, by Executive Order 12598 (June 17, 1987; 
52 F.R. 23421).
---------------------------------------------------------------------------
          ``(1) was caused by hostile action; and
          ``(2) was a result of the relationship of the 
        dependent to the member of the uniformed services.
    ``(b) Any compensation otherwise payable to a person under 
this section in connection with any disability or death shall 
be reduced by any amount payable to such person under any other 
program funded in whole or in part by the United States in 
connection with such disability or death, except that nothing 
in this subsection shall result in the reduction of any amount 
below zero.
    ``(c) A determination by the President under subsection (a) 
is conclusive and is not subject to judicial review.
    ``(d) In this section:
          ``(1) The term `dependent' has the meaning given that 
        term in section 551 of title 37.
          ``(2) The term `Secretary concerned' has the meaning 
        given that term in section 101 of that title.''.
    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end thereof the following new item:

``1032. Disability and death compensation: dependents of members held as 
          captives.''.

    (3) Section 1032 of title 10, United States Code, as added 
by paragraph (1), shall apply with respect to any disability or 
death resulting from an injury that occurs after January 21, 
1981.
    (c) Medical Benefits.--(1) Chapter 55 of title 10, United 
States Code, is amended by adding at the end thereof the 
following new section:

``Sec. 1095a. Medical care: members held as captives and their 
                    dependents

    ``(a) Under regulations prescribed by the President, the 
Secretary concerned shall pay (by advancement or reimbursement) 
any person who is a former captive, and any dependent of that 
person or of a person who is in a captive status, for health 
care and other expenses related to such care, to the extent 
that such care--
          ``(1) is incident to the captive status; and
          ``(2) is not covered--
                  ``(A) by any other Government medical or 
                health program; or
                  ``(B) by insurance.
    ``(b) In the case of any person who is eligible for medical 
care under section 1074 or 1076 of this title, such regulations 
shall require that, whenever practicable, such care be provided 
in a facility of the uniformed services.
    ``(c) In this section:
          ``(1) `captive status' and `former captive' have the 
        meanings given those terms in section 559 of title 37.
          ``(2) `dependent' has the meaning given that term in 
        section 551 of that title.''.
    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end thereof the following new item:

``1095a. Medical care: members held as captives and their dependents.''.

    (3)(A) Section 1095 of title 10, United States Code, as 
added by paragraph (1), shall apply with respect to any person 
whose captive status begins after January 21, 1981.
    (B) The President shall prescribe specific regulations 
regarding the carrying out of such section with respect to 
persons whose captive status begins during the period beginning 
on January 21, 1981, and ending on the effective date of that 
section.
    (d) Educational Assistance.--(1) Part III of title 10, 
United States Code, is amended by adding at the end thereof the 
following new chapter:

``CHAPTER 110--EDUCATIONAL ASSISTANCE FOR MEMBERS HELD AS CAPTIVES AND 
                         THEIR DEPENDENTS \45\

``Sec.
``2181. Definitions.
\45\ Functions vested in the President by this chapter were delegated to 
    the Secretary of Defense by Executive Order 12598 (June 17, 1987; 52 
    F.R. 23421).
``2182. Educational assistance: dependents of captives.
``2183. Educational assistance: former captives.
``2184. Termination of assistance.
``2185. Programs to be consistent with programs administered by the 
          Department of Veterans Affairs.

``Sec. 2181. Definitions

    ``In this chapter:
          ``(1) The terms `captive status' and `former captive' 
        have the meanings given those terms in section 559 of 
        title 37.
          ``(2) The term `dependent' has the meaning given that 
        term in section 551 of that title.

``Sec. 2182. Educational assistance: dependents of captives

    ``(a) Under regulations prescribed by the President, the 
Secretary concerned shall pay (by advancement or reimbursement) 
a dependent of a person who is in a captive status for expenses 
incurred, while attending an educational or training 
institution, for--
          ``(1) substance;
          ``(2) tuition;
          ``(3) fees;
          ``(4) supplies;
          ``(5) books;
          ``(6) equipment; and
          ``(7) other educational expenses.
    ``(b) Except as provided in section 2184 of this title, 
payments shall be available under this section for dependent of 
a person who is in a captive status for education or training 
that occurs--
          ``(1) after that person is in a captive status for 
        not less than 90 days; and
          ``(2) on or before--
                  ``(A) the end of any semester or quarter (as 
                appropriate) that begins before the date on 
                which the captive status of that person 
                terminates;
                  ``(B) the earlier of the end of any course 
                that began before such date or the end of the 
                16-week period following that date if the 
                education or training institution is not 
                operated on a semester or quarter system; or
                  ``(C) a date specified by the Secretary 
                concerned in order to respond to special 
                circumstances.
    ``(c) If a person in a captive status or a former captive 
dies and the death is incident to the captivity, payments shall 
be available under this section for a dependent of that person 
for education or training that occurs after the date of the 
death of that person.
          ``(d) The provisions of this section shall not apply 
        to any dependent who is eligible for assistance under 
        chapter 35 of title 38 or similar assistance under any 
        other provision of law.

``Sec. 2183. Educational assistance: former captives

    ``(a) In order to respond to special circumstances, the 
Secretary concerned may pay (by advancement or reimbursement) a 
person who is a former captive for expenses incurred, while 
attending an educational or training institution, for--
          ``(1) substance;
          ``(2) tuition;
          ``(3) fees;
          ``(4) supplies;
          ``(5) books;
          ``(6) equipment; and
          ``(7) other educational expenses.
    ``(b) Except as provided in section 2184 of this title, 
payments shall be available under this section for a person who 
is a former captive for education or training that occurs--
          ``(1) after the termination of the status of that 
        person as a captive; and
          ``(2) on or before--
                  ``(A) the end of any semester or quarter (as 
                appropriate) that begins before the end of the 
                10-year period beginning on the date on which 
                the status of that person as a captive 
                terminates; or
                  ``(B) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course that began before such date or the end 
                of the 16-week period following that date.
    ``(c) Payments shall be available under this section only 
to the extent that such payments are not otherwise authorized 
by law.

``Sec. 2184. Termination of assistance

    ``Assistance under this chapter--
          ``(1) shall be discounted for any person whose 
        conduct or progress is unsatisfactory under standards 
        consistent with those established under section 3524 of 
        title 38; and
          ``(2) may not be provided for any person for more 
        than 45 months (for the equivalent in other than full-
        time education or training).

``Sec. 2185. Programs to be consistent with programs administered by 
                    the Department of Veterans Affairs

    ``Regulations prescribed to carry out this chapter shall 
provide that the programs under this chapter shall be 
consistent with the educational assistance programs under 
chapters 35 and 36 of title 38.''.
    (2) The table of chapters at the beginning of subtitle A of 
such title, and the table of chapters at the beginning of part 
III of such subtitle, are amended by inserting after the item 
relating to chapter 109 the following new item:

``110. Educational Assistance for Members Held as Captives and 
              Their Dependents...................................2181''.

    (3) Chapter 110 of title 10, United States Code, as added 
by paragraph (1) shall apply with respect to persons whose 
captive status begins after January 21, 1981.
    (e) Account Used for Payment of Compensation for Victims of 
Terrorism.--(1) Chapter 19 of title 37, United States Code, is 
amended by adding at the end thereof the following new section:

``Sec. 1013. Payment of compensation for victims of terrorism

    ``Any benefit or payment pursuant to section 559 of this 
title, or section 1051 or 1095a or chapter 110 of title 10, 
shall be paid out of funds available to the Secretary concerned 
for military personnel.''.
    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end thereof the following new item:

``1013. Payment of compensation for victims of terrorism.''.

 SEC. 807. REGULATIONS.

    Any regulation required by this title or by any amendment 
made by this title shall take effect not later than 6 months 
after the date of enactment of this Act.

SEC. 808. EFFECTIVE DATE OF ENTITLEMENTS.

    Provisions enacted by this title which provide new spending 
authority described in section 401(c)(2)(C) of the 
Congressional Budget Act of 1974 shall not be effective until 
October 1, 1986.

                      TITLE IX--MARITIME SECURITY


SEC. 901. SHORT TITLE.

    This title may be cited as the ``International Maritime and 
Port Security Act''.

SEC. 902.\46\ INTERNATIONAL MEASURES FOR SEAPORT AND SHIPBOARD 
                    SECURITY.

    The Congress encourages the President to continue to seek 
agreement through the International Maritime Organization on 
matters of international seaport and shipboard security, and 
commends him on his efforts to date. In developing such 
agreement, each member country of the International Maritime 
Organization should consult with appropriate private sector 
interests in that country. Such agreement would establish 
seaport and vessel security measures and could include--
---------------------------------------------------------------------------
    \46\ 46 U.S.C. app. 1801.
---------------------------------------------------------------------------
          (1) seaport screening of cargo and baggage similar to 
        that done at airports;
          (2) security measures to restrict access to cargo, 
        vessels, and dockside property to authorized personnel 
        only;
          (3) additional security on board vessels;
          (4) licensing or certification of compliance with 
        appropriate security standards; and
          (5) other appropriate measures to prevent unlawful 
        acts against passengers and crews on board vessels.

SEC. 903. MEASURES TO PREVENT UNLAWFUL ACTS AGAINST PASSENGERS AND 
                    CREWS ON BOARD SHIPS.

    (a) Report on Progress of IMO.--The Secretary of 
Transportation and the Secretary of State, jointly, shall 
report to the Congress by February 28, 1987, on the progress of 
the International Maritime Organization in developing 
recommendations on Measures to prevent Unlawful Acts Against 
Passengers and Crews On Board Ships.
    (b) Content of Report.--The report required by subsection 
(a) shall include the following information--
          (1) the specific areas of agreement and disagreement 
        on the recommendations among the member nations of the 
        International Maritime Organization;
          (2) the activities of the Maritime Safety Committee, 
        the Facilitation Committee, and the Legal Committee of 
        the International Maritime Organization in regard to 
        the proposed recommendations; and
          (3) the security measures specified in the 
        recommendations.
    (c) Security Measures at United States Ports.--If the 
member nations of the International Maritime Organization have 
not finalized and accepted the proposed recommendations by 
February 28, 1987, the Secretary of Transportation shall 
include in the report required by this section a proposed plan 
of action (including proposed legislation if necessary) for the 
implementation of security measures at United States ports and 
on vessels operating from those parts based on the assessment 
of threat from acts of terrorism reported by the Secretary of 
Transportation under section 905.

SEC. 904. PANAMA CANAL SECURITY.

    Not later than 6 months after the date of enactment of this 
Act, the President shall report to the Congress on the status 
of physical security at the Panama Canal with respect to the 
threat of terrorism.

SEC. 905.\47\ THREAT OF TERRORISM TO UNITED STATES PORTS AND VESSELS.

    Not later than February 28, 1987, and annually thereafter, 
the Secretary of Transportation shall report to the Congress on 
the threat from acts of terrorism to United States ports and 
vessels operating from those ports.
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    \47\ 46 U.S.C. app. 1802
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SEC. 906. PORT, HARBOR, AND COASTAL FACILITY SECURITY.

    The Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221 
et seq.) is amended by inserting after section 6 of the 
following new section:
    ``Sec. 7. Port, Harbor, and Coastal Facility Security.
    ``(a) General Authority.--The Secretary may take actions 
described in subsection (b) to prevent or respond to an act of 
terrorism against--
          ``(1) an individual, vessel, or public or commercial 
        structure, that is--
                  ``(A) subject to the jurisdiction of the 
                United States; and
                  ``(B) located within or adjacent to the 
                marine environment; or
          ``(2) a vessel of the United States or an individual 
        on board that vessel.
    ``(b) Specific Authority.--Under subsection (a), the 
Secretary may--
          ``(1) carry out or require measures, including 
        inspections, port and harbor patrols, the establishment 
        of security and safety zones, and the development of 
        contingency plans and procedures, to prevent or respond 
        to acts of terrorism; and
          ``(2) recruit members of the Regular Coast Guard and 
        the Coast Guard Reserve and train members of the 
        Regular Coast Guard and the Coast Guard Reserve in the 
        techniques of preventing and responding to acts of 
        terrorism.''.

SEC. 907.\48\ SECURITY STANDARDS AT FOREIGN PORTS.

    (a) Assessment of Security Measures.--The Secretary of 
Transportation shall develop and implement a plan to assess the 
effectiveness of the security measures maintained at those 
foreign ports which the Secretary, in consultation with the 
Secretary of State, determines pose a high risk of acts of 
terrorism directed against passenger vessels.
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    \48\ 46 U.S.C. app. 1803.
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    (b) Consultation With the Secretary of State.--In carrying 
out subsection (a), the Secretary of Transportation shall 
consult the Secretary of State with respect to the terrorist 
threat which exists in each country and poses a high risk of 
acts of terrorism directed against passenger vessels.
    (c) Report of Assessments.--Not later than 6 months after 
the date of enactment of this Act, the Secretary of 
Transportation shall report to the Congress on the plan 
developed pursuant to subsection (a) and how the Secretary will 
implement the plan.
    (d) Determination and Notification to Foreign Country.--If, 
after implementing the plan in accordance with subsection (a), 
the Secretary of Transportation determines that a port does not 
maintain and administer effective security measures, the 
Secretary of State (after being informed by the Secretary of 
Transportation) shall notify the appropriate government 
authorities of the country in which the port is located of such 
determination, and shall recommend the steps necessary to bring 
the security measures in use at that port up to the standard 
used by the Secretary of Transportation in making such 
assessment.
    (e) Antiterrorism Assistance Related to Maritime 
Security.--The President is encouraged to provide antiterrorism 
assistance related to maritime security under chapter 8 of part 
II of the Foreign Assistance Act of 1961 to foreign countries, 
especially with respect to a port which the Secretary of 
Transportation determines under subsection (d) does not 
maintain and administer effective security measures.

SEC. 908.\49\ TRAVEL ADVISORIES CONCERNING SECURITY AT FOREIGN PORTS.

    (a) Travel Advisory.--Upon being notified by the Secretary 
of Transportation that the Secretary has determined that a 
condition exists that threatens the safety or security of 
passengers, passenger vessels, or crew traveling to or from a 
foreign port which the Secretary of Transportation has 
determined pursuant to section 907(d) to be a port which does 
not maintain and administer effective security measures, the 
Secretary of State shall immediately issue a travel advisory 
with respect to that port. Any travel advisory issued pursuant 
to this subsection shall be published in the Federal Register. 
The Secretary of State shall take the necessary steps to widely 
publicize that travel advisory.
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    \49\ 46 U.S.C. app. 1804.
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    (b) Lifting of Travel Advisory.--The travel advisory 
required to be issued under subsection (a) may be lifted only 
if the Secretary of Transportation, in consultation with the 
Secretary of State, has determined that effective security 
measures are maintained and administered at the port with 
respect to which the Secretary of Transportation had made the 
determination described in section 907(d).
    (c) Notification to Congress.--The Secretary of State shall 
immediately notify the Congress of any change in the status of 
a travel advisory imposed pursuant to this section.

SEC. 909.\50\ SUSPENSION OF PASSENGER SERVICES.

    (a) President's Determination.--Whenever the President 
determines that a foreign nation permits the use of territory 
under its jurisdiction as a base of operations or training for, 
or as a sanctuary for, or in any way arms, aids, or abets, any 
terrorist or terrorist group which knowingly uses the illegal 
seizure of passenger vessels or the threat thereof as an 
instrument of policy, the President may, without notice or 
hearing and for as long as the President determines necessary 
to assure the security of passenger vessels against unlawful 
seizure, suspend the right of any passenger vessel common 
carrier to operate to and from, and the right of any passenger 
vessel of the United States to utilize, any port in that 
foreign nation for passenger service.
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    \50\ 46 U.S.C. app. 1805.
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    (b) Prohibition.--It shall be unlawful for any passenger 
vessel common carrier, or any passenger vessel of the United 
States, to operate in violation of the suspension of rights by 
the President under this section.
    (c) Penalty.--(1) If a person operates a vessel in 
violation of this section, the Secretary of the department in 
which the Coast Guard is operating may deny the vessels of that 
person entry to United States ports.
    (2) A person violating this section is liable to the United 
States Government for a civil penalty of not more than $50,000. 
Each day a vessel utilizes a prohibited port shall be a 
separate violation of this section.

SEC. 910.\51\ SANCTIONS FOR THE SEIZURE OF VESSELS BY TERRORISTS.

    The Congress encourages the President--
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    \51\ 46 U.S.C. app. 1806.
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        (1) to review the adequacy of domestic and 
        international sanctions against terrorists who seize or 
        attempt to seize vessels; and
          (2) to strengthen where necessary, through bilateral 
        and multilateral efforts, the effectiveness of such 
        sanctions.
Not later than one year after the date of enactment of this 
Act, the President shall submit a report to the Congress which 
includes the review of such sanctions and the efforts to 
improve such sanctions.

SEC. 911.\52\ DEFINITIONS.

    For purposes of this title--
---------------------------------------------------------------------------
    \52\ 46 U.S.C. app. 1807.
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          (1) the term ``common carrier'' has the same meaning 
        given such term in section 3(6) of the Shipping Act of 
        1984 (46 U.S.C. App. 1702(6)); and
          (2) the terms ``passenger vessel'' and ``vessel of 
        the United States'' have the same meaning given such 
        terms in section 2102 of title 46, United States Code.

SEC 912.\53\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $12,500,000 for 
each of the fiscal years 1987 through 1991, to be available to 
the Secretary of Transportation to carry out this title.
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    \53\ 46 U.S.C. app. 1808.
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SEC. 913.\54\ REPORTS.

    (a) Consolidation.--To the extent practicable, the reports 
required under sections 903, 905, and 907 shall be consolidated 
into a single document before being submitted to the Congress. 
Any classified material in those reports shall be submitted 
separately as an addendum to the consolidated report.
---------------------------------------------------------------------------
    \54\ 46 U.S.C. app. 1809.
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    (b) Submission to Committees.--The reports required to be 
submitted to the Congress under this title shall be submitted 
to the Committee on Foreign Affairs and the Committee on 
Merchant Marine and Fisheries of the House of Representatives 
\55\ and the Committee on Foreign Relations and the Committee 
on Commerce, Science and Transportation of the Senate.
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    \55\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
    The House Committee on Merchant Marine and Fisheries was abolished 
in the 104th Congress, and sec. 1(b)(3) of Public Law 104-14 (109 Stat. 
186) stated that the Committee on Merchant Marine and Fisheries of the 
House of Representatives shall be treated as referring to the Committee 
on National Security of the House of Representatives, in the case of a 
provision of law relating to interoceanic canals, the Merchant Marine 
Academy and State Maritime Academies, or national security aspects of 
merchant marine.

           *       *       *       *       *       *       *

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              TITLE XI--SECURITY AT MILITARY BASES ABROAD


SEC. 1101.\56\ FINDINGS.

    The Congress finds that--
---------------------------------------------------------------------------
    \56\ 10 U.S.C. 133 note.
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          (1) there is evidence that terrorists consider bases 
        and installations of United States Armed Forces outside 
        the United States to be targets for attack;
          (2) more attention should be given to the protection 
        of members of the Armed Forces, and members of their 
        families, stationed outside the United States; and
          (3) current programs to educate members of the Armed 
        Forces, and members of their families, stationed 
        outside of the United States to the threats of 
        terrorist activity and how to protect themselves should 
        be substantially expanded.

SEC. 1102.\56\ RECOMMENDED ACTIONS BY THE SECRETARY OF DEFENSE.

    It is the sense of the Congress that--
          (1) the Secretary of Defense should review the 
        security of each base and installation of the 
        Department of Defense outside the United States, 
        including the family housing and support activities of 
        each such base or installation, and take the steps the 
        Secretary considers necessary to improve the security 
        of such bases and installations; and
          (2) the Secretary of Defense should institute a 
        program of training for members of the Armed Forces, 
        and for members of their families, stationed outside 
        the United States concerning security and 
        antiterrorism.

SEC. 1103.\56\ REPORT TO THE CONGRESS.

    Not later than June 30, 1987, the Secretary of Defense 
shall report to the Congress on any actions taken by the 
Secretary described in section 1102.

       TITLE XII--CRIMINAL PUNISHMENT OF INTERNATIONAL TERRORISM


SEC. 1201. ENCOURAGEMENT FOR NEGOTIATION OF A CONVENTION.

    (a) Sense of Congress.--It is the sense of the Congress 
that the President should establish a process encourage the 
negotiation of an international convention to prevent and 
control all aspects of international terrorism.
    (b) Relation to Existing International Conventions.--Such 
convention should address the prevention and control of 
international terrorism in a comprehensive fashion, taking into 
consideration matters not covered by--
          (1) the Convention for the Suppression of Unlawful 
        Seizure of Aircraft (the Hague, December 16, 1970; 22 
        U.S.T. 1641, TIAS 7192);
          (2) the Convention for the Suppression of Unlawful 
        Acts Against the Safety of Civil Aviation (Montreal, 
        September 23, 1971; 24 U.S.T. 564, TIAS 7570);
          (3) the Convention on the Prevention and Punishment 
        of Crimes Against Internationally Protected Persons 
        (New York, December 14, 1973; 28 U.S.T. 1975, TIAS 
        8532);
          (4) the Convention Against the Taking of Hostages 
        (New York, December 17, 1979; XVIII International Legal 
        Materials 1457);
          (5) the Convention on the Physical Protection of 
        Nuclear Materials (October 26, 1979; XVIII 
        International Legal Materials 1419); and
          (6) the Convention on Offenses and Certain Other Acts 
        Committed on Board Aircraft (Tokyo, September 14, 1963; 
        20 U.S.T. 2941, TIAS 6768).
    (c) What the Convention Should Provide.--Such convention 
should provide--
          (1) an explicit definition of conduct constituting 
        terrorism;
          (2) effective close intelligence-sharing, joint 
        counterterrorist training, and uniform rules for asylum 
        and extradition for perpetrators of terrorism; and
          (3) effective criminal penalties for the swift 
        punishment of perpetrators of terrorism.
    (d) Consideration of an International Tribunal.--The 
President should also consider including on the agenda for 
these negotiations the possibility of eventually establishing 
an international tribunal for prosecuting terrorists.
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    \57\ Sec. 1202 added a new chapter 113A to title 18, U.S.C. 
(redesignated as chapter 113B).
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SEC. 1202.\57\ EXTRATERRITORIAL CRIMINAL JURISDICTION OVER TERRORIST 
                    CONDUCT. * * *

           *       *       *       *       *       *       *


                    3. Crimes and Criminal Procedure

      Title 18, United States Code--Crimes and Criminal Procedure

                             PART I--CRIMES

                     CHAPTER 1--GENERAL PROVISIONS

Sec. 7. Special maritime and territorial jurisdiction of the United 
                    States defined

    The term ``special maritime and territorial jurisdiction of 
the United States'', as used in this title, includes:
          (1) The high seas, any other waters within the 
        admiralty and maritime jurisdiction of the United 
        States and out of the jurisdiction of any particular 
        State, and any vessel belonging in whole or in part to 
        the United States or any citizen thereof, or to any 
        corporation created by or under the laws of the United 
        States, or of any State, Territory, District, or 
        possession thereof, when such vessel is within the 
        admiralty and maritime jurisdiction of the United 
        States and out of the jurisdiction of any particular 
        State.
          (2) Any vessel registered, licensed, or enrolled 
        under the laws of the United States, and being on a 
        voyage upon the waters of any of the Great Lakes, or 
        any of the waters connecting them, or upon the Saint 
        Lawrence River where the same constitutes the 
        International Boundary Line.
          (3) Any lands reserved or acquired for the use of the 
        United States, and under the exclusive or concurrent 
        jurisdiction thereof, or any place purchased or 
        otherwise acquired by the United States by consent of 
        the legislature of the State in which the same shall 
        be, for the erection of a fort, magazine, arsenal, 
        dockyard, or other needful building.
          (4) Any island, rock, or key containing deposits of 
        guano, which may, at the discretion of the President, 
        be considered as appertaining to the United States.
          (5) Any aircraft belonging in whole or in part to the 
        United States, or any citizen thereof, or to any 
        corporation created by or under the laws of the United 
        States, or any State, Territory, district, or 
        possession thereof, while such aircraft is in flight 
        over the high seas, or over any other waters within the 
        admiralty and maritime jurisdiction of the United 
        States and out of the jurisdiction of any particular 
        State.
          (6) Any vehicle used or designed for flight or 
        navigation in space and on the registry of the United 
        States pursuant to the Treaty on Principles Governing 
        the Activities of States in the Exploration and Use of 
        Outer Space, Including the Moon and Other Celestial 
        Bodies and the Convention on Registration of Objects 
        Launched into Outer Space, while that vehicle is in 
        flight, which is from the moment when all external 
        doors are closed on Earth following embarkation until 
        the moment when one such door is opened on Earth for 
        disembarkation or in the case of a forced landing, 
        until the competent authorities take over the 
        responsibility for the vehicle and for persons and 
        property aboard.
          (7) Any place outside the jurisdiction of any nation 
        with respect to an offense by or against a national of 
        the United States.
          (8) To the extent permitted by international law, any 
        foreign vessel during a voyage having a scheduled 
        departure from or arrival in the United States with 
        respect to an offense committed by or against a 
        national of the United States.

                 CHAPTER 2--AIRCRAFT AND MOTOR VEHICLES

Sec. 32. Destruction of aircraft or aircraft facilities

    (a) Whoever willfully--
          (1) sets fire to, damages, destroys, disables, or 
        wrecks any aircraft in the special aircraft 
        jurisdiction of the United States or any civil aircraft 
        used, operated, or employed in interstate, overseas, or 
        foreign air commerce;
          (2) places or causes to be placed a destructive 
        device or substance in, upon, or in proximity to, or 
        otherwise makes or causes to be made unworkable or 
        unusable or hazardous to work or use, any such 
        aircraft, or any part or other materials used or 
        intended to be used in connection with the operation of 
        such aircraft, if such placing or causing to be placed 
        or such making or causing to be made is likely to 
        endanger the safety of any such aircraft;
          (3) sets fire to, damages, destroys, or disables any 
        air navigation facility, or interferes by force or 
        violence with the operation of such facility, if such 
        fire, damaging, destroying, disabling, or interfering 
        is likely to endanger the safety of any such aircraft 
        in flight;
          (4) with the intent to damage, destroy, or disable 
        any such aircraft, sets fire to, damages, destroys, or 
        disables or places a destructive device or substance 
        in, upon, or in proximity to, any appliance or 
        structure, ramp, landing area, property, machine, or 
        apparatus, or any facility or other material used, or 
        intended to be used, in connection with the operation, 
        maintenance, loading, unloading or storage of any such 
        aircraft or any cargo carried or intended to be carried 
        on any such aircraft;
          (5) performs an act of violence against or 
        incapacitates any individual on any such aircraft, if 
        such act of violence or incapacitation is likely to 
        endanger the safety of such aircraft;
          (6) communicates information, knowing the information 
        to be false and under circumstances in which such 
        information may reasonably be believed, thereby 
        endangering the safety of any such aircraft in flight; 
        or
          (7) attempts to do anything prohibited under 
        paragraphs (1) through (6) of this subsection;
shall be fined under this title or imprisoned not more than 
twenty years or both.
    (b) Whoever willfully--
          (1) performs an act of violence against any 
        individual on board any civil aircraft registered in a 
        country other than the United States while such 
        aircraft is in flight, if such act is likely to 
        endanger the safety of that aircraft;
          (2) destroys a civil aircraft registered in a country 
        other than the United States while such aircraft is in 
        service or causes damage to such an aircraft which 
        renders that aircraft incapable of flight or which is 
        likely to endanger that aircraft's safety in flight;
          (3) places or causes to be placed on a civil aircraft 
        registered in a country other than the United States 
        while such aircraft is in service, a device or 
        substance which is likely to destroy that aircraft, or 
        to cause damage to that aircraft which renders that 
        aircraft incapable of flight or which is likely to 
        endanger that aircraft's safety in flight; or
          (4) attempts to commit an offense described in 
        paragraphs (1) through (3) of this subsection;
shall, if the offender is later found in the United States, be 
fined under this title or imprisoned not more than twenty 
years, or both.
    (c) Whoever willfully imparts or conveys any threat to do 
an act which would violate any of paragraphs (1) through (5) of 
subsection (a) or any of paragraphs (1) through (3) of 
subsection (b) of this section, with an apparent determination 
and will to carry the threat into execution shall be fined 
under this title or imprisoned not more than five years, or 
both.

Sec. 37. Violence at international airports

    (a) Offense.--A person who unlawfully and intentionally, 
using any device, substance, or weapon--
          (1) performs an act of violence against a person at 
        an airport serving international civil aviation that 
        causes or is likely to cause serious bodily injury (as 
        defined in section 1365 of this title) or death; or
          (2) destroys or seriously damages the facilities of 
        an airport serving international civil aviation or a 
        civil aircraft not in service located thereon or 
        disrupts the services of the airport, if such an act 
        endangers or is likely to endanger safety at that 
        airport, or attempts to do such an act, shall be fined 
        under this title, imprisoned not more than 20 years, or 
        both; and if the death of any person results from 
        conduct prohibited by this subsection, shall be 
        punished by death or imprisoned for any term of years 
        or for life.
    (b) Jurisdiction.--There is jurisdiction over the 
prohibited activity in subsection (a) if--
          (1) the prohibited activity takes place in the United 
        States; or
          (2) the prohibited activity takes place outside the 
        United States and the offender is later found in the 
        United States.
    (c) It is a bar to Federal prosecution under subsection (a) 
for conduct that occurred within the United States that the 
conduct involved was during or in relation to a labor dispute, 
and such conduct is prohibited as a felony under the law of the 
State in which it was committed. For purposes of this section, 
the term ``labor dispute'' has the meaning set forth in section 
2(c) \1\ of the Norris-LaGuardia Act, as amended (29 U.S.C. 
113(c)).
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    \1\ So in original. Probably should be section ``13(c)''.
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                           CHAPTER 7--ASSAULT

Sec. 112.\2\ Protection of foreign officials, official guests, and 
                    internationally protected persons

    (a) Whoever assaults, strikes, wounds, imprisons, or offers 
violence to a foreign official, official guest, or 
internationally protected person or makes any other violent 
attack upon the person or liberty of such person, or, if likely 
to endanger his person or liberty, makes a violent attack upon 
his official premises, private accommodation, or means of 
transport or attempts to commit any of the foregoing shall be 
fined under this title or imprisoned not more than three years, 
or both. Whoever in the commission of any such act uses a 
deadly or dangerous weapon, or inflicts bodily injury shall be 
fined under this title or imprisoned not more than ten years, 
or both.
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    \2\ Sec. 112 was enacted by the Act for the Protection of Foreign 
Officials and Official Guests of the United States (Public Law 92-539; 
86 Stat. 1070), and was amended and restated by sec. 5 of Public Law 
94-467. Sec. 2 of Public Law 92-539 provided the following statement of 
findings and delcaration of policy:
    ``Sec. 2. The Congress recognizes that from the beginning of our 
history as a nation, the police power to investigate, prosecute, and 
punish common crimes such as murder, kidnapping, and assault has 
resided in the several States, and that such power should remain with 
the States.
    ``The Congress finds, however, that harassment, intimidation, 
obstruction, coercion, and acts of violence committed against foreign 
officials or their family members in the United States or against 
official guests of the United States adversely affect the foreign 
relations of the United States.
    ``Accordingly, this legislation is intended to afford the United 
States jurisdiction concurrent with that of the several States to 
proceed against those who by such acts interfere with its conduct of 
foreign affairs.''.
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    (b) Whoever willfully--
          (1) intimidates, coerces, threatens, or harasses a 
        foreign official or an official guest or obstructs a 
        foreign official in the performance of his duties;
          (2) attempts to intimidate, coerce, threaten, or 
        harass a foreign official or an official guest or 
        obstruct a foreign official in the performance of his 
        duties; or
          (3) within the United States but outside the District 
        of Columbia and within one hundred feet of any building 
        or premises in whole or in part owned, used, or 
        occupied for official business or for diplomatic, 
        consular, or residential purposes by--
                  (A) a foreign government, including such use 
                as a mission to an international organization;
                  (B) an international organization;
                  (C) a foreign official; or
                  (D) an official guest;
        congregates with two or more other persons with intent 
        to violate any other provision of this section;
shall be fined under this title or imprisoned not more than six 
months, or both.
    (c) For the purpose of this section ``foreign government'', 
``foreign official'', ``internationally protected person'', 
``international organization'', ``national of the United 
States'', and ``official guest'' shall have the same meanings 
as those provided in section 1116(b) of this title.
    (d) Nothing contained in this section shall be construed or 
applied so as to abridge the exercise of rights guaranteed 
under the first amendment to the Constitution of the United 
States.
    (e) If the victim of an offense under subsection (a) is an 
internationally protected person outside the United States, the 
United States may exercise jurisdiction over the offense if (1) 
the victim is a representative, officer, employee, or agent of 
the United States, (2) an offender is a national of the United 
States, or (3) an offender is afterwards found in the United 
States. As used in this subsection, the United States includes 
all areas under the jurisdiction of the United States including 
any of the places within the provisions of sections 5 and 7 of 
this title and section 46501(2) of title 49.
    (f) In the course of enforcement of subsection (a) and any 
other sections prohibiting a conspiracy or attempt to violate 
subsection (a), the Attorney General may request assistance 
from any Federal, State, or local agency, including the Army, 
Navy, and Air Force, any statute, rule, or regulation to the 
contrary, notwithstanding.

                   CHAPTER 10--BIOLOGICAL WEAPONS \3\

Sec. 175. Prohibitions with respect to biological weapons

    (a) In General.--Whoever knowingly develops, produces, 
stockpiles, transfers, acquires, retains, or possesses any 
biological agent, toxin, or delivery system for use as a 
weapon, or knowingly assists a foreign state or any 
organization to do so, or attempts, threatens, or conspires to 
do the same, shall be fined under this title or imprisoned for 
life or any term of years, or both. There is extraterritorial 
Federal jurisdiction over an offense under this section 
committed by or against a national of the United States.
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    \3\ The Biological Weapons Anti-Terrorism Act of 1989 enacted a new 
chapter 10 to 18 U.S.C. relating to biological weapons to implement the 
Biological Weapons Convention. The freestanding sections of the Act 
provided as follows:
    ``AN ACT To implement the Convention on the Prohibition of the 
Development, Production, and Stockpiling of Bacteriological 
(Biological) and Toxin Weapons and Their Destruction, by prohibiting 
certain conduct relating to biological weapons, 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. [18 U.S.C. 175 note] SHORT TITLE.
    ``This Act may be cited as the `Biological Weapons Anti-Terrorism 
Act of 1989'.
    ``SEC. 2. [18 U.S.C. 175 note] PURPOSE AND INTENT.
    ``(a) Purpose.--The purpose of this Act is to--
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          ``(1) implement the Biological Weapons Convention, an 
        international agreement unanimously ratified by the United 
        States Senate in 1974 and signed by more than 100 other 
        nations, including the Soviet Union; and
          ``(2) protect the United States against the threat of 
        biological terrorism.
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    ``(b) Intent of Act.--Nothing in this Act is intended to restrain 
or restrict peaceful scientific research or development.''.
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    (b) Definition.--For purposes of this section, the term 
`for use as a weapon' does not include the development, 
production, transfer, acquisition, retention, or possession of 
any biological agent, toxin, or delivery system for 
prophylactic, protective, or other peaceful purposes.

Sec. 175a.\4\ Requests for military assistance to enforce prohibition 
                    in certain emergencies

    The Attorney General may request the Secretary of Defense 
to provide assistance under section 382 of title 10 in support 
of Department of Justice activities relating to the enforcement 
of section 175 of this title in an emergency situation 
involving a biological weapon of mass destruction. The 
authority to make such a request may be exercised by another 
official of the Department of Justice in accordance with 
section 382(f)(2) of title 10.''.
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    \4\ Sec. 1416(c)(1)A) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2723) enacted a new 
sec. 175a.
---------------------------------------------------------------------------

Sec. 176. Seizure, forfeiture, and destruction

    (a) In General.--(1) Except as provided in paragraph (2), 
the Attorney General may request the issuance, in the same 
manner as provided for a search warrant, of a warrant 
authorizing the seizure of any biological agent, toxin, or 
delivery system that--
          (A) exists by reason of conduct prohibited under 
        section 175 of this title; or
          (B) is of a type or in a quantity that under the 
        circumstances has no apparent justification for 
        prophylactic, protective, or other peaceful purposes.
    (2) In exigent circumstances, seizure and destruction of 
any biological agent, toxin, or delivery system described in 
subparagraphs (A) and (B) of paragraph (1) may be made upon 
probable cause without the necessity for a warrant.
    (b) Procedure.--Property seized pursuant to subsection (a) 
shall be forfeited to the United States after notice to 
potential claimants and an opportunity for a hearing. At such 
hearing, the Government shall bear the burden of persuasion by 
a preponderance of the evidence. Except as inconsistent 
herewith, the same procedures and provisions of law relating to 
a forfeiture under the customs laws shall extend to a seizure 
or forfeiture under this section. The Attorney General may 
provide for the destruction or other appropriate disposition of 
any biological agent, toxin, or delivery system seized and 
forfeited pursuant to this section.
    (c) Affirmative Defense.--It is an affirmative defense 
against a forfeiture under subsection (a)(1)(B) of this section 
that--
          (1) such biological agent, toxin, or delivery system 
        is for a prophylactic, protective, or other peaceful 
        purpose; and
          (2) such biological agent, toxin, or delivery system, 
        is of a type and quantity reasonable for that purpose.

Sec. 177. Injunctions

    (a) In General.--The United States may obtain in a civil 
action an injunction against--
          (1) the conduct prohibited under section 175 of this 
        title;
          (2) the preparation, solicitation, attempt, threat, 
        or conspiracy to engage in conduct prohibited under 
        section 175 of this title; or
          (3) the development, production, stockpiling, 
        transferring, acquisition, retention, or possession, or 
        the attempted development, production, stockpiling, 
        transferring, acquisition, retention, or possession of 
        any biological agent, toxin, or delivery system of a 
        type or in a quantity that under the circumstances has 
        no apparent justification for prophylactic, protective, 
        or other peaceful purposes.
    (b) Affirmative Defense.--It is an affirmative defense 
against an injunction under subsection (a)(3) of this section 
that--
          (1) the conduct sought to be enjoined is for a 
        prophylactic, protective, or other peaceful purpose; 
        and
          (2) such biological agent, toxin, or delivery system 
        is of a type and quantity reasonable for that purpose.

Sec. 178. Definitions

    As used in this chapter--
          (1) the term ``biological agent'' means any micro-
        organism, virus, infectious substance, or biological 
        product that may be engineered as a result of 
        biotechnology, or any naturally occurring or 
        bioengineered component of any such microorganism, 
        virus, infectious substance, or biological product, 
        capable of causing--
                  (A) death, disease, or other biological 
                malfunction in a human, an animal, a plant, or 
                another living organism;
                  (B) deterioration of food, water, equipment, 
                supplies, or material of any kind; or
                  (C) deleterious alteration of the 
                environment;
          (2) the term ``toxin'' means the toxic material of 
        plants, animals, microorganisms, viruses, fungi, or 
        infectious substances, or a recombinant molecule, 
        whatever its origin or method of production, 
        including--
                  (A) any poisonous substance or biological 
                product that may be engineered as a result of 
                biotechnology produced by a living organism; or
                  (B) any poisonous isomer or biological 
                product, homolog, or derivative of such a 
                substance;
          (3) the term `delivery system' means--
                  (A) any apparatus, equipment, device, or 
                means of delivery specifically designed to 
                deliver or disseminate a biological agent, 
                toxin, or vector; or
                  (B) any vector;
          (4) the term ``vector'' means a living organism, or 
        molecule, including a recombinant molecule, or 
        biological product that may be engineered as a result 
        of biotechnology, capable of carrying a biological 
        agent or toxin to a host; and
          (5) the term ``national of the United States'' has 
        the meaning prescribed in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

                CHAPTER 39--EXPLOSIVES AND COMBUSTIBLES


Sec. 831. Prohibited transactions involving nuclear materials

    (a) Whoever, if one of the circumstances described in 
subsection (c) of this section occurs--
          (1) without lawful authority, intentionally receives, 
        possesses, uses, transfers, alters, disposes of, or 
        disperses any nuclear material and--
                  (A) thereby knowingly causes the death of or 
                serious bodily injury to any person or 
                substantial damage to property; or
                  (B) knows that circumstances exist which are 
                likely to cause the death of or serious bodily 
                injury to any person or substantial damage to 
                property;
          (2) with intent to deprive another of nuclear 
        material, knowingly--
                  (A) takes and carries away nuclear material 
                of another without authority;
                  (B) makes an unauthorized use, disposition, 
                or transfer, of nuclear material belonging to 
                another; or
                  (C) uses fraud and thereby obtains nuclear 
                material belonging to another;
          (3) knowingly--
                  (A) uses force; or
          (B) threatens or places another in fear that any 
        person other than the actor will imminently be subject 
        to bodily injury;
and thereby takes nuclear material belonging to another from 
the person or presence of any other;
          (4) intentionally intimidates any person and thereby 
        obtains nuclear material belonging to another;
          (5) with intent to compel any person, international 
        organization, or governmental entity to do or refrain 
        from doing any act, knowingly threatens to engage in 
        conduct described in paragraph (2)(A) or (3) of this 
        subsection;
          (6) knowingly threatens to use nuclear material to 
        cause death or serious bodily injury to any person or 
        substantial damage to property under circumstances in 
        which the threat may reasonably be understood as an 
        expression of serious purposes;
          (7) attempts to commit an offense under paragraph 
        (1), (2), (3), or (4) of this subsection; or
          (8) is a party to a conspiracy of two or more persons 
        to commit an offense under paragraph (1), (2), (3), or 
        (4) of this subsection, if any of the parties 
        intentionally engages in any conduct in furtherance of 
        such offense;
shall be punished as provided in subsection (b) of this 
section.
    (b) The punishment for an offense under--
          (1) paragraphs (1) through (7) of subsection (a) of 
        this section is--
                  (A) a fine under this title; and
                  (B) imprisonment--
                          (i) for any term of years or for life 
                        (I) if, while committing the offense, 
                        the offender knowingly causes the death 
                        of any person; or (II) if, while 
                        committing an offense under paragraph 
                        (1) or (3) of subsection (a) of this 
                        section, the offender, under 
                        circumstances manifesting extreme 
                        indifference to the life of an 
                        individual, knowingly engages in any 
                        conduct and thereby recklessly causes 
                        the death of or serious bodily injury 
                        to any person; and
                          (ii) for not more than 20 years in 
                        any other case; and
          (2) paragraph (8) of subsection (a) of this section 
        is--
                  (A) a fine under this title; and
                  (B) imprisonment--
                          (i) for not more than 20 years if the 
                        offense which is the object of the 
                        conspiracy is punishable under 
                        paragraph (1)(B)(i); and
                          (ii) for not more than 10 years in 
                        any other case.
    (c) The circumstances referred to in subsection (a) of this 
section are that--
          (1) the offense is committed in the United States or 
        the special maritime and territorial jurisdiction of 
        the United States, or the special aircraft jurisdiction 
        of the United States (as defined in section 46501 of 
        title 49);
          (2) the defendant is a national of the United States, 
        as defined in section 101 of the Immigration and 
        Nationality Act (8 U.S.C. 1101);
          (3) at the time of the offense the nuclear material 
        is in use, storage, or transport, for peaceful 
        purposes, and after the conduct required for the 
        offense occurs the defendant is found in the United 
        States, even if the conduct required for the offense 
        occurs outside the United States; or
          (4) the conduct required for the offense occurs with 
        respect to the carriage of a consignment of nuclear 
        material for peaceful purposes by any means of 
        transportation intended to go beyond the territory of 
        the state where the shipment originates beginning with 
        the departure from a facility of the shipper in that 
        state and ending with the arrival at a facility of the 
        receiver within the state of ultimate destination and 
        either of such states is the United States.
    (d) The Attorney General may request assistance from the 
Secretary of Defense under chapter 18 of title 10 in the 
enforcement of this section and the Secretary of Defense may 
provide such assistance in accordance with chapter 18 of title 
10, except that the Secretary of Defense may provide such 
assistance through any Department of Defense personnel.
    (e)(1) The Attorney General may also request assistance 
from the Secretary of Defense under this subsection in the 
enforcement of this section. Notwithstanding section 1385 of 
this title, the Secretary of Defense may, in accordance with 
other applicable law, provide such assistance to the Attorney 
General if--
          (A) an emergency situation exists (as jointly 
        determined by the Attorney General and the Secretary of 
        Defense in their discretion); and
          (B) the provision of such assistance will not 
        adversely affect the military preparedness of the 
        United States (as determined by the Secretary of 
        Defense in such Secretary's discretion).
    (2) As used in this subsection, the term ``emergency 
situation'' means a circumstance--
          (A) that poses a serious threat to the interests of 
        the United States; and
          (B) in which--
                          (i) enforcement of the law would be 
                        seriously impaired if the assistance 
                        were not provided; and
                          (ii) civilian law enforcement 
                        personnel are not capable of enforcing 
                        the law.
    (3) Assistance under this section may include--
          (A) use of personnel of the Department of Defense to 
        arrest persons and conduct searches and seizures with 
        respect to violations of this section; and
          (B) such other activity as is incidental to the 
        enforcement of this section, or to the protection of 
        persons or property from conduct that violates this 
        section.
    (4) The Secretary of Defense may require reimbursement as a 
condition of assistance under this section.
    (5) The Attorney General may delegate the Attorney 
General's function under this subsection only to a Deputy, 
Associate, or Assistant Attorney General.
    (f) As used in this section--
          (1) the term ``nuclear material'' means material 
        containing any--
                  (A) plutonium with an isotopic concentration 
                not in excess of 80 percent plutonium 238;
                  (B) uranium not in the form of ore or ore 
                residue that contains the mixture of isotopes 
                as occurring in nature;
                  (C) uranium that contains the isotope 233 or 
                235 or both in such amount that the abundance 
                ratio of the sum of those isotopes to the 
                isotope 238 is greater than the ratio of the 
                isotope 235 to the isotope 238 occurring in 
                nature; or
                  (D) uranium 233;
          (2) the term ``international organization'' means a 
        public international organization designated as such 
        pursuant to section 1 of the International 
        Organizations Immunities Act (22 U.S.C. 288) or a 
        public organization created pursuant to treaty or other 
        agreement under international law as an instrument 
        through or by which two or more foreign governments 
        engage in some aspect of their conduct of international 
        affairs;
          (3) the term ``serious bodily injury'' means bodily 
        injury which involves--
                  (A) a substantial risk of death;
                  (B) extreme physical pain;
                  (C) protracted and obvious disfigurement; or
                  (D) protracted loss or impairment of the 
                function of a bodily member, organ, or mental 
                faculty; and
          (4) the term ``bodily injury'' means--
                  (A) a cut, abrasion, bruise, burn, or 
                disfigurement;
                  (B) physical pain;
                  (C) illness;
                  (D) impairment of a function of a bodily 
                member, organ, or mental faculty; or
                  (E) any other injury to the body, no matter 
                how temporary.

                   CHAPTER 41--EXTORTION AND THREATS


Sec. 878.\5\ Threats and extortion against foreign officials, official 
                    guests, or internationally protected persons

    (a) Whoever knowingly and willfully threatens to violate 
section 112, 1116, or 1201 shall be fined under this title or 
imprisoned not more than five years, or both, except that 
imprisonment for a threatened assault shall not exceed three 
years.
---------------------------------------------------------------------------
    \5\ Added by sec. 8 of Public Law 94-467 (90 Stat. 1997).
---------------------------------------------------------------------------
    (b) Whoever in connection with any violation of subsection 
(a) or actual violation of section 112, 1116, or 1201 makes any 
extortionate demand shall be fined under this title or 
imprisoned not more than twenty years, or both.
    (c) For the purpose of this section ``foreign official'', 
``internationally protected person'', ``national of the United 
States'', and ``official guest'' shall have the same meanings 
as those provided in section 1116(a) of this title.
    (d) If the victim of an offense under subsection (a) is an 
internationally protected person outside the United States, the 
United States may exercise jurisdiction over the offense if (1) 
the victim is a representative, officer, employee, or agent of 
the United States, (2) an offender is a national of the United 
States, or (3) an offender is afterwards found in the United 
States. As used in this subsection, the United States includes 
all areas under the jurisdiction of the United States including 
any of the places within the provisions of section 5 and 7 of 
this title and section 46501(2) of title 49.

                          CHAPTER 44--FIREARMS


Sec. 922. Unlawful acts

           *       *       *       *       *       *       *


    (p)(1) It shall be unlawful for any person to manufacture, 
import, sell, ship, deliver, possess, transfer, or receive any 
firearm--
          (A) that, after removal of grips, stocks, and 
        magazines, is not as detectable as the Security 
        Exemplar, by walk-through metal detectors calibrated 
        and operated to detect the Security Exemplar; or
          (B) any major component of which, when subjected to 
        inspection by the types of x-ray machines commonly used 
        at airports, does not generate an image that accurately 
        depicts the shape of the component. Barium sulfate or 
        other compounds may be used in the fabrication of the 
        component.
    (2) For purposes of this subsection--
          (A) the term ``firearm'' does not include the frame 
        or receiver of any such weapon;
          (B) the term ``major component'' means, with respect 
        to a firearm, the barrel, the slide or cylinder, or the 
        frame or receiver of the firearm; and
          (C) the term ``Security Exemplar'' means an object, 
        to be fabricated at the direction of the Secretary, 
        that is--
                  (i) constructed of, during the 12-month 
                period beginning on the date of the enactment 
                of this subsection, 3.7 ounces of material type 
                17-4 PH stainless steel in a shape resembling a 
                handgun; and
                  (ii) suitable for testing and calibrating 
                metal detectors:
        Provided, however, That at the close of such 12-month 
        period, and at appropriate times thereafter the 
        Secretary shall promulgate regulations to permit the 
        manufacture, importation, sale, shipment, delivery, 
        possession, transfer, or receipt of firearms previously 
        prohibited under this subparagraph that are as 
        detectable as a ``Security Exemplar'' which contains 
        3.7 ounces of material type 17-4 PH stainless steel, in 
        a shape resembling a handgun, or such lesser amount as 
        is detectable in view of advances in state-of-the-art 
        developments in weapons detection technology.
    (3) Under such rules and regulations as the Secretary shall 
prescribe, this subsection shall not apply to the manufacture, 
possession, transfer, receipt, shipment, or delivery of a 
firearm by a licensed manufacturer or any person acting 
pursuant to a contract with a licensed manufacturer, for the 
purpose of examining and testing such firearm to determine 
whether paragraph (1) applies to such firearm. The Secretary 
shall ensure that rules and regulations adopted pursuant to 
this paragraph do not impair the manufacture of prototype 
firearms or the development of new technology.
    (4) The Secretary shall permit the conditional importation 
of a firearm by a licensed importer or licensed manufacturer, 
for examination and testing to determine whether or not the 
unconditional importation of such firearm would violate this 
subsection.
    (5) This subsection shall not apply to any firearm which--
          (A) has been certified by the Secretary of Defense or 
        the Director of Central Intelligence, after 
        consultation with the Secretary and the Administrator 
        of the Federal Aviation Administration, as necessary 
        for military or intelligence applications; and
          (B) is manufactured for and sold exclusively to 
        military or intelligence agencies of the United States.
    (6) This subsection shall not apply with respect to any 
firearm manufactured in, imported into, or possessed in the 
United States before the date of the enactment of the 
Undetectable Firearms Act of 1988.

           *       *       *       *       *       *       *


Sec. 924. Penalties

    (a)(1) Except as otherwise provided in this subsection, 
subsection (b), (c), or (f) of this section, or in section 929, 
whoever--
          (A) knowingly makes any false statement or 
        representation with respect to the information required 
        by this chapter to be kept in the records of a person 
        licensed under this chapter or in applying for any 
        license or exemption or relief from disability under 
        the provisions of this chapter;
          (B) knowingly violates subsection (a)(4), (f), (k), 
        (r), (v), or (w) of section 922;
          (C) knowingly imports or brings into the United 
        States or any possession thereof any firearm or 
        ammunition in violation of section 922(l); or
          (D) willfully violates any other provision of this 
        chapter,
shall be fined under this title, imprisoned not more than five 
years, or both.
    (2) Whoever knowingly violates subsection (a)(6), (d), (g), 
(h), (i), (j), or (o) of section 922 shall be fined as provided 
in this title, imprisoned not more than 10 years, or both.
    (3) Any licensed dealer, licensed importer, licensed 
manufacturer, or licensed collector who knowingly--
          (A) makes any false statement or representation with 
        respect to the information required by the provisions 
        of this chapter to be kept in the records of a person 
        licensed under this chapter, or
          (B) violates subsection (m) of section 922,
shall be fined under this title, imprisoned not more than one 
year, or both.
    (4) Whoever violates section 922(q) shall be fined under 
this title, imprisoned for not more than 5 years, or both. 
Notwithstanding any other provision of law, the term of 
imprisonment imposed under this paragraph shall not run 
concurrently with any other term of imprisonment imposed under 
any other provision of law. Except for the authorization of a 
term of imprisonment of not more than 5 years made in this 
paragraph, for the purpose of any other law a violation of 
section 922(q) shall be deemed to be a misdemeanor.
    (5) \6\ Whoever knowingly violates subsection (s) or (t) of 
section 922 shall be fined under this title, imprisoned for not 
more than 1 year, or both.
---------------------------------------------------------------------------
    \6\ So in original. Two pars. (5) have been enacted.
---------------------------------------------------------------------------
    (5)(A)(i) \6\ A juvenile who violates section 922(x) shall 
be fined under this title, imprisoned not more than 1 year, or 
both, except that a juvenile described in clause (ii) shall be 
sentenced to probation on appropriate conditions and shall not 
be incarcerated unless the juvenile fails to comply with a 
condition of probation.
    (ii) A juvenile is described in this clause if--
          (I) the offense of which the juvenile is charged is 
        possession of a handgun or ammunition in violation of 
        section 922(x)(2); and
          (II) the juvenile has not been convicted in any court 
        of an offense (including an offense under section 
        922(x) or a similar State law, but not including any 
        other offense consisting of conduct that if engaged in 
        by an adult would not constitute an offense) or 
        adjudicated as a juvenile delinquent for conduct that 
        if engaged in by an adult would constitute an offense.
    (B) A person other than a juvenile who knowingly violates 
section 922(x)--
          (i) shall be fined under this title, imprisoned not 
        more than 1 year, or both; and
          (ii) if the person sold, delivered, or otherwise 
        transferred a handgun or ammunition to a juvenile 
        knowing or having reasonable cause to know that the 
        juvenile intended to carry or otherwise possess or 
        discharge or otherwise use the handgun or ammunition in 
        the commission of a crime of violence, shall be fined 
        under this title, imprisoned not more than 10 years, or 
        both.
    (b) Whoever, with intent to commit therewith an offense 
punishable by imprisonment for a term exceeding one year, or 
with knowledge or reasonable cause to believe that an offense 
punishable by imprisonment for a term exceeding one year is to 
be committed therewith, ships, transports, or receives a 
firearm or any ammunition in interstate or foreign commerce 
shall be fined under this title, or imprisoned not more than 
ten years, or both.
    (c)(1)(A) \7\ Except to the extent that a greater minimum 
sentence is otherwise provided by this subsection or by any 
other provision of law, any person who, during and in relation 
to any crime of violence or drug trafficking crime (including a 
crime of violence or drug trafficking crime that provides for 
an enhanced punishment if committed by the use of a deadly or 
dangerous weapon or device) for which the person may be 
prosecuted in a court of the United States, uses or carries a 
firearm, or who, in furtherance of any such crime, possesses a 
firearm, shall, in addition to the punishment provided for such 
crime of violence or drug trafficking crime--
---------------------------------------------------------------------------
    \7\ Sec. 924(c) was ammended by Public Law 105-386 (112 Stat. 
3469).
---------------------------------------------------------------------------
          (i) be sentenced to a term of imprisonment of not 
        less than 5 years;
          (ii) if the firearm is brandished, be sentenced to a 
        term of imprisonment of not less than 7 years; and
          (iii) if the firearm is discharged, be sentenced to a 
        term of imprisonment of not less than 10 years.
    (B) If the firearm possessed by a person convicted of a 
violation of this subsection--
          (i) is a short-barreled rifle, short-barreled 
        shotgun, or semiautomatic assault weapon, the person 
        shall be sentenced to a term of imprisonment of not 
        less than 10 years; or
          (ii) is a machinegun or a destructive device, or is 
        equipped with a firearm silencer or firearm muffler, 
        the person shall be sentenced to a term of imprisonment 
        of not less than 30 years.
    (C) In the case of a second or subsequent conviction under 
this subsection, the person shall--
          (i) be sentenced to a term of imprisonment of not 
        less than 25 years; and
          (ii) if the firearm involved is a machinegun or a 
        destructive device, or is equipped with a firearm 
        silencer or firearm muffler, be sentenced to 
        imprisonment for life.
    (D) Notwithstanding any other provision of law--
          (i) a court shall not place on probation any person 
        convicted of a violation of this subsection; and
          (ii) no term of imprisonment imposed on a person 
        under this subsection shall run concurrently with any 
        other term of imprisonment imposed on the person, 
        including any term of imprisonment imposed for the 
        crime of violence or drug trafficking crime during 
        which the firearm was used, carried, or possessed.
    (2) For purposes of this subsection, the term ``drug 
trafficking crime'' means any felony punishable under the 
Controlled Substances Act (21 U.S.C. 801 et seq.), the 
Controlled Substances Import and Export Act (21 U.S.C. 951 et 
seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 
1901 et seq.).
    (3) For purposes of this subsection the term ``crime of 
violence'' means an offense that is a felony and--
          (A) has as an element the use, attempted use, or 
        threatened use of physical force against the person or 
        property of another, or
          (B) that by its nature, involves a substantial risk 
        that physical force against the person or property of 
        another may be used in the course of committing the 
        offense.
    (4) \8\ For purposes of this subsection, the term 
`brandish' means, with respect to a firearm, to display all or 
part of the firearm, or otherwise make the presence of the 
firearm known to another person, in order to intimidate that 
person, regardless of whether the firearm is directly visible 
to that person.
---------------------------------------------------------------------------
    \8\ Sec. 924(c)(4) was added by Public Law 105-386 (112 Stat. 
3469).
---------------------------------------------------------------------------
    (d)(1) Any firearm or ammunition involved in or used in any 
knowing violation of subsection (a)(4), (a)(6), (f), (g), (h), 
(i), (j), or (k) of section 922, or knowing importation or 
bringing into the United States or any possession thereof any 
firearm or ammunition in violation of section 922(l), or 
knowing violation of section 924, or willful violation of any 
other provision of this chapter or any rule or regulation 
promulgated thereunder, or any violation of any other criminal 
law of the United States, or any firearm or ammunition intended 
to be used in any offense referred to in paragraph (3) of this 
subsection, where such intent is demonstrated by clear and 
convincing evidence, shall be subject to seizure and 
forfeiture, and all provisions of the Internal Revenue Code of 
1986 relating to the seizure, forfeiture, and disposition of 
firearms, as defined in section 5845(a) of that Code, shall, so 
far as applicable, extend to seizures and forfeitures under the 
provisions of this chapter: Provided, That upon acquittal of 
the owner or possessor, or dismissal of the charges against him 
other than upon motion of the Government prior to trial, or 
lapse of or court termination of the restraining order to which 
he is subject, the seized or relinquished firearms or 
ammunition shall be returned forthwith to the owner or 
possessor or to a person delegated by the owner or possessor 
unless the return of the firearms or ammunition would place the 
owner or possessor or his delegate in violation of law. Any 
action or proceeding for the forfeiture of firearms or 
ammunition shall be commenced within one hundred and twenty 
days of such seizure.
    (2)(A) In any action or proceeding for the return of 
firearms or ammunition seized under the provisions of this 
chapter, the court shall allow the prevailing party, other than 
the United States, a reasonable attorney's fee, and the United 
States shall be liable therefor.
    (B) In any other action or proceeding under the provisions 
of this chapter, the court, when it finds that such action was 
without foundation, or was initiated vexatiously, frivolously, 
or in bad faith, shall allow the prevailing party, other than 
the United States, a reasonable attorney's fee, and the United 
States shall be liable therefor.
    (C) Only those firearms or quantities of ammunition 
particularly named and individually identified as involved in 
or used in any violation of the provisions of this chapter or 
any rule or regulation issued thereunder, or any other criminal 
law of the United States or as intended to be used in any 
offense referred to in paragraph (3) of this subsection, where 
such intent is demonstrated by clear and convincing evidence, 
shall be subject to seizure, forfeiture, and disposition.
    (D) The United States shall be liable for attorneys' fees 
under this paragraph only to the extent provided in advance by 
appropriation Acts.
    (3) The offenses referred to in paragraphs (1) and (2)(C) 
of this subsection are--
          (A) any crime of violence, as that term is defined in 
        section 924(c)(3) of this title;
          (B) any offense punishable under the Controlled 
        Substances Act (21 U.S.C. 801 et seq.) or the 
        Controlled Substances Import and Export Act (21 U.S.C. 
        951 et seq.);
          (C) any offense described in section 922(a)(1), 
        922(a)(3), 922(a)(5), or 922(b)(3) of this title, where 
        the firearm or ammunition intended to be used in any 
        such offense is involved in a pattern of activities 
        which includes a violation of any offense described in 
        section 922(a)(1), 922(a)(3), 922(a)(5), or 922(b)(3) 
        of this title;
          (D) any offense described in section 922(d) of this 
        title where the firearm or ammunition is intended to be 
        used in such offense by the transferor of such firearm 
        or ammunition;
          (E) any offense described in section 922(i), 922(j), 
        922(l), 922(n), or 924(b) of this title; and
          (F) any offense which may be prosecuted in a court of 
        the United States which involves the exportation of 
        firearms or ammunition.
    (e)(1) In the case of a person who violates section 922(g) 
of this title and has three previous convictions by any court 
referred to in section 922(g)(1) of this title for a violent 
felony or a serious drug offense, or both, committed on 
occasions different from one another, such person shall be 
fined not more than $25,000 and imprisoned not less than 
fifteen years, and, notwithstanding any other provision of law, 
the court shall not suspend the sentence of, or grant a 
probationary sentence to, such person with respect to the 
conviction under section 922(g).
    (2) As used in this subsection--
          (A) the term ``serious drug offense'' means--
                          (i) an offense under the Controlled 
                        Substances Act (21 U.S.C. 801 et seq.), 
                        the Controlled Substances Import and 
                        Export Act (21 U.S.C. 951 et seq.), or 
                        the Maritime Drug Law Enforcement Act 
                        (46 U.S.C. App. 1901 et seq.) for which 
                        a maximum term of imprisonment of ten 
                        years or more is prescribed by law; or
                          (ii) an offense under State law, 
                        involving manufacturing, distributing, 
                        or possessing with intent to 
                        manufacture or distribute, a controlled 
                        substance (as defined in section 102 of 
                        the Controlled Substances Act (21 
                        U.S.C. 802)), for which a maximum term 
                        of imprisonment of ten years or more is 
                        prescribed by law;
          (B) the term ``violent felony'' means any crime 
        punishable by imprisonment for a term exceeding one 
        year, or any act of juvenile delinquency involving the 
        use or carrying of a firearm, knife, or destructive 
        device that would be punishable by imprisonment for 
        such term if committed by an adult, that--
                          (i) has as an element the use, 
                        attempted use, or threatened use of 
                        physical force against the person of 
                        another; or
                          (ii) is burglary, arson, or 
                        extortion, involves use of explosives, 
                        or otherwise involves conduct that 
                        presents a serious potential risk of 
                        physical injury to another; and
          (C) the term ``conviction'' includes a finding that a 
        person has committed an act of juvenile delinquency 
        involving a violent felony.
    (f) In the case of a person who knowingly violates section 
922(p), such person shall be fined under this title, or 
imprisoned not more than 5 years, or both.
    (g) Whoever, with the intent to engage in conduct which--
          (1) constitutes an offense listed in section 1961(1),
          (2) is punishable under the Controlled Substances Act 
        (21 U.S.C. 802 et seq.), the Controlled Substances 
        Import and Export Act (21 U.S.C. 951 et seq.), or the 
        Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 
        et seq.),
          (3) violates any State law relating to any controlled 
        substance (as defined in section 102(6) of the 
        Controlled Substances Act (21 U.S.C. 802(6))), or
          (4) constitutes a crime of violence (as defined in 
        subsection (c)(3)),
travels from any State or foreign country into any other State 
and acquires, transfers, or attempts to acquire or transfer, a 
firearm in such other State in furtherance of such purpose, 
shall be imprisoned not more than 10 years, fined in accordance 
with this title, or both.
    (h) Whoever knowingly transfers a firearm, knowing that 
such firearm will be used to commit a crime of violence (as 
defined in subsection (c)(3)) or drug trafficking crime (as 
defined in subsection (c)(2)) shall be imprisoned not more than 
10 years, fined in accordance with this title, or both.
    (i)(1) \9\ A person who knowingly violates section 922(u) 
shall be fined under this title, imprisoned not more than 10 
years, or both.
---------------------------------------------------------------------------
    \9\ So in original. Two subsecs. (i) have been enacted.
---------------------------------------------------------------------------
    (2) Nothing contained in this subsection shall be construed 
as indicating an intent on the part of Congress to occupy the 
field in which provisions of this subsection operate to the 
exclusion of State laws on the same subject matter, nor shall 
any provision of this subsection be construed as invalidating 
any provision of State law unless such provision is 
inconsistent with any of the purposes of this subsection.
    (i) \9\ A person who, in the course of a violation of 
subsection (c), causes the death of a person through the use of 
a firearm, shall--
          (1) if the killing is a murder (as defined in section 
        1111), be punished by death or by imprisonment for any 
        term of years or for life; and
          (2) if the killing is manslaughter (as defined in 
        section 1112), be punished as provided in that section.
    (j) A person who, with intent to engage in or to promote 
conduct that--
          (1) is punishable under the Controlled Substances Act 
        (21 U.S.C. 801 et seq.), the Controlled Substances 
        Import and Export Act (21 U.S.C. 951 et seq.), or the 
        Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 
        et seq.);
          (2) violates any law of a State relating to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act, 21 U.S.C. 802); or
          (3) constitutes a crime of violence (as defined in 
        subsection (c)(3),\10\
---------------------------------------------------------------------------
    \10\ So in original. Probably should be subsection ``(c)(3)),''.
---------------------------------------------------------------------------
smuggles or knowingly brings into the United States a firearm, 
or attempts to do so, shall be imprisoned not more than 10 
years, fined under this title, or both.
    (k) A person who steals any firearm which is moving as, or 
is a part of, or which has moved in, interstate or foreign 
commerce shall be imprisoned for not more than 10 years, fined 
under this title, or both.
    (l) A person who steals any firearm from a licensed 
importer, licensed manufacturer, licensed dealer, or licensed 
collector shall be fined under this title, imprisoned not more 
than 10 years, or both.
    (m) A person who, with the intent to engage in conduct that 
constitutes a violation of section 922(a)(1)(A), travels from 
any State or foreign country into any other State and acquires, 
or attempts to acquire, a firearm in such other State in 
furtherance of such purpose shall be imprisoned for not more 
than 10 years.
    (n) A person who conspires to commit an offense under 
subsection (c) shall be imprisoned for not more than 20 years, 
fined under this title, or both; and if the firearm is a 
machinegun or destructive device, or is equipped with a firearm 
silencer or muffler, shall be imprisoned for any term of years 
or life.

                     CHAPTER 45--FOREIGN RELATIONS


Sec. 970.\11\ Protection of property occupied by foreign governments

    (a) Whoever willfully injures, damages, or destroys, or 
attempts to injure, damage, or destroy, any property, real or 
personal, located within the United States and belonging to or 
utilized or occupied by any foreign government or international 
organization, by a foreign official or official guest, shall be 
fined under this title, or imprisoned not more than five years, 
or both.
---------------------------------------------------------------------------
    \11\ Sec. 970 was enacted by the Act for the Protection of Foreign 
Officials and Official Guests of the United States (Public Law 92-539; 
86 Stat. 1070).
---------------------------------------------------------------------------
    (b) Whoever, willfully with intent to intimidate, coerce, 
threaten, or harass--
          (1) forcibly thrusts any part of himself or any 
        object within or upon that portion of any building or 
        premises located within the United States, which 
        portion is used or occupied for official business or 
        for diplomatic, consular, or residential purposes by--
                  (A) a foreign government, including such use 
                as a mission to an international organization;
                  (B) an international organization;
                  (C) a foreign official; or
                  (D) an official guest; or
          (2) refuses to depart from such portion of such 
        building or premises after a request--
                  (A) by an employee of a foreign government or 
                of an international organization, if such 
                employee is authorized to make such request by 
                the senior official of the unit of such 
                government or organization which occupies such 
                portion of such building or premises;
                  (B) by a foreign official or any member of 
                the foreign official's staff who is authorized 
                by the foreign official to make such request;
                  (C) by an official guest or any member of the 
                official guest's staff who is authorized by the 
                official guest to make such request; or
                  (D) by any person present having law 
                enforcement powers;
shall be fined under this title or imprisoned not more than six 
months, or both.
    (c) For the purpose of this section ``foreign government'', 
``foreign official'', ``international organization'', and 
``official guest'' shall have the same meanings as those 
provided in section 116(b) of this title.

                          CHAPTER 51--HOMICIDE


Sec. 1116.\12\ Murder or manslaughter of foreign officials, official 
                    guests, or internationally protected persons

    (a) Whoever kills or attempts to kill a foreign official, 
official guest, or internationally protected person shall be 
punished as provided under sections 1111, 1112, and 1113 of 
this title, except that.\13\
---------------------------------------------------------------------------
    \12\ Sec. 1116 was enacted by the Act for the Protection of Foreign 
Officials and Official Guests of the United States (Public Law 92-539; 
86 Stat. 1070), and amended and restated by sec. 2 of Public Law 94-
467.
    \13\ So in original. The phrase ``except that'' preceding the 
period probably should not appear.
---------------------------------------------------------------------------
    (b) For the purposes of this section:
          (1) ``Family'' includes (a) a spouse, parent, brother 
        or sister, child, or person to whom the foreign 
        official of internationally protected person stands in 
        loco parentis, or (b) any other person living in his 
        household and related to the foreign official or 
        internationally protected person by blood or marriage.
          (2) ``Foreign government'' means the government of a 
        foreign country, irrespective of recognition by the 
        United States.
          (3) ``Foreign official'' means--
                  (A) a Chief of State or the political 
                equivalent, President, Vice President, Prime 
                Minister, Ambassador, Foreign Minister, or 
                other officer of Cabinet rank or above of a 
                foreign government or the chief executive 
                officer of an international organization, or 
                any person who has previously served in such 
                capacity, and any member of his family, while 
                in the United States; and
                  (B) any person of a foreign nationality who 
                is duly notified to the United States as an 
                officer or employee of a foreign government or 
                international organization, and who is in the 
                United States on official business, and any 
                member of his family whose presence in the 
                United States is in connection with the 
                presence of such officer or employee.
          (4) ``Internationally protected person'' means--
                  (A) a Chief of State or the political 
                equivalent, head of government, or Foreign 
                Minister whenever such person is in a country 
                other than his own and any member of his family 
                accompanying him; or
                  (B) any other representative, officer, 
                employee, or agent of the United States 
                Government, a foreign government, or 
                international organization who at the time and 
                place concerned is entitled pursuant to 
                international law to special protection against 
                attack upon his person, freedom, or dignity, 
                and any member of his family then forming part 
                of his household.
          (5) ``International organization'' means a public 
        international organization designated as such pursuant 
        to section 1 of the International Organizations 
        Immunities Act (22 U.S.C. 288) or a public organization 
        created pursuant to treaty or other agreement under 
        international law as an instrument through or by which 
        two or more foreign governments engage in some aspect 
        of their conduct of international affairs.
          (6) ``Official guest'' means a citizen or national of 
        a foreign country present in the United States as an 
        official guest of the Government of the United States 
        pursuant to designation as such by the Secretary of 
        State.
          (7) \14\ ``National of the United States'' has the 
        meaning prescribed in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
---------------------------------------------------------------------------
    \14\ Sec. 721(c)(1) of Public Law 104-132 (110 Stat. 1298) added 
para. (7). Sec. 101(a)(22) of the Immigration and Nationality Act 
defines the term as ``(A) a citizen of the United States, or (B) a 
person who, though not a citizen of the United States, owes permanent 
allegiance to the United States.''.
---------------------------------------------------------------------------
    (c) If the victim of an offense under subsection (a) is an 
internationally protected person outside the United States, the 
United States may exercise jurisdiction over the offense if (1) 
the victim is a representative, officer, employee, or agent of 
the United States, (2) an offender is a national of the United 
States, or (3) an offender is afterwards found in the United 
States. As used in this subsection, the United States includes 
all areas under the jurisdiction of the United States including 
any of the places within the provisions of sections 5 and 7 of 
this title and section 46501(2) of title 49.
    (d) In the course of enforcement of this section and any 
other sections prohibiting a conspiracy or attempt to violate 
this section, the Attorney General may request assistance from 
any Federal, State, or local agency, including the Army, Navy, 
and Air Force, any statute, rule, or regulation to the contrary 
notwithstanding.

Sec. 1117.\15\ Conspiracy to murder

    If two or more persons conspire to violate section 1111, 
1114, 1116, or 1119 of this title, and one or more of such 
persons do any overt act to effect the object of the 
conspiracy, each shall be punished by imprisonment for any term 
of years or for life.
---------------------------------------------------------------------------
    \15\ Sec. 1117 was enacted by the Act for the Protection of Foreign 
Officials and Official Guests of the United States (Public Law 92-539; 
86 Stat. 1070).
---------------------------------------------------------------------------

                         CHAPTER 55--KIDNAPPING


Sec. 1201.\16\ Kidnapping

    (a) Whoever unlawfully seizes, confines, inveigles, decoys, 
kidnaps, abducts, or carries away and holds for ransom or 
reward or otherwise any person, except in the case of a minor 
by the parent thereof, when--
---------------------------------------------------------------------------
    \16\ Sec. 1201 was enacted by the Act for the Protection of Foreign 
Officials and Official Guests of the United States (Public Law 92-539; 
86 Stat. 1070).
---------------------------------------------------------------------------
          (1) the person is willfully transported in interstate 
        or foreign commerce regardless of whether the person 
        was alive when transported across a State boundary if 
        the person was alive when the transportation began;
          (2) any such act against the persons is done within 
        the special maritime and territorial jurisdiction of 
        the United States;
          (3) any such act against the person is done within 
        the special aircraft jurisdiction of the United States 
        as defined in section 46501 of title 49;
          (4) the person is a foreign official, an 
        internationally protected person, or an official guest 
        as those terms are defined in section 1116(b) of this 
        title; or
          (5) the person is among those officers and employees 
        described in section 1114 of this title and any such 
        act against the person is done while the person is 
        engaged in, or on account of, the performance of 
        official duties;
shall be punished by imprisonment for any term of years or for 
life and, if the death of any person results, shall be punished 
by death or life imprisonment.
    (b) With respect to subsection (a)(1), above, the failure 
to release the victim within twenty-four hours after he shall 
have been unlawfully seized, confined, inveigled, decoyed, 
kidnapped, abducted, or carried away shall create a rebuttable 
presumption that such person has been transported in interstate 
or foreign commerce. Notwithstanding the preceding sentence, 
the fact that the presumption under this section has not yet 
taken effect does not preclude a Federal investigation of a 
possible violation of this section before the 24-hour period 
has ended.\17\
---------------------------------------------------------------------------
    \17\ Last sentence added by sec. 702(c) of Public Law 105-314 (112 
Stat. 2987).
---------------------------------------------------------------------------
    (c) If two or more persons conspire to violate this section 
and one or more of such persons do any overt act to effect the 
object of the conspiracy, each shall be punished by 
imprisonment for any term of years or for life.
    (d) Whoever attempts to violate subsection (a) shall be 
punished by imprisonment for not more than twenty years.
    (e) If the victim of an offense under subsection (a) is an 
internationally protected person outside the United States, the 
United States may exercise jurisdiction over the offense if (1) 
the victim is a representative, officer, employee, or agent of 
the United States, (2) an offender is a national of the United 
States, or (3) an offender is afterwards found in the United 
States. As used in this subsection, the United States includes 
all areas under the jurisdiction of the United States including 
any of the places within the provisions of section 5 and 7 of 
this title and section 46501(2) of title 49. For purposes of 
this subsection, the term ``national of the United States'' has 
the meaning prescribed in section 101(a)(22) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(22)).
    (f) In the course of enforcement of subsection (a)(4) and 
any other sections prohibiting a conspiracy or attempt to 
violate subsection (a)(4), the Attorney General may request 
assistance from any Federal, State, or local agency, including 
the Army, Navy, and Air Force, any statute, rule, or regulation 
to the contrary notwithstanding.''.
    (g) Special Rule for Certain Offenses Involving Children.--
          (1) To whom applicable.--If--
                  (A) the victim of an offense under this 
                section has not attained the age of eighteen 
                years; and
                  (B) the offender--
                          (i) has attained such age; and
                          (ii) is not--
                                  (I) a parent;
                                  (II) a grandparent;
                                  (III) a brother;
                                  (IV) a sister;
                                  (V) an aunt;
                                  (VI) an uncle; or
                                  (VII) an individual having 
                                legal custody of the victim;
the sentence under this section for such offense shall be 
subject to paragraph (2) of this subsection.
          (2) Guidelines.--The United States Sentencing 
        Commission is directed to amend the existing guidelines 
        for the offense of ``kidnapping, abduction, or unlawful 
        restraint,'' by including the following additional 
        specific offense characteristics: If the victim was 
        intentionally maltreated (i.e., denied either food or 
        medical care) to a life-threatening degree, increase by 
        4 levels; if the victim was sexually exploited (i.e., 
        abused, used involuntarily for pornographic purposes) 
        increase by 3 levels; if the victim was placed in the 
        care or custody of another person who does not have a 
        legal right to such care or custody of the child either 
        in exchange for money or other consideration, increase 
        by 3 levels; if the defendant allowed the child to be 
        subjected to any of the conduct specified in this 
        section by another person, then increase by 2 levels.
    (h) As used in this section, the term ``parent'' does not 
include a person whose parental rights with respect to the 
victim of an offense under this section have been terminated by 
a final court order.

                    CHAPTER 75--PASSPORTS AND VISAS


Sec. 1541. Issuance Without Authority.

    Whoever, acting or claiming to act in any office or 
capacity under the United States, or a State, without lawful 
authority grants, issues, or verifies any passport or other 
instrument in the nature of a passport to or for any person 
whomsoever; or
    Whoever, being a consular officer authorized to grant, 
issue, or verify passports, knowingly and willfully grants, 
issues, or verifies any such passport to or for any person not 
owing allegiance, to the United States, whether a citizen or 
not--
    Shall be fined under this title, imprisoned not more than 
25 years (if the offense was committed to facilitate an act of 
international terrorism (as defined in section 2331 of this 
title)), 20 years (if the offense was committed to facilitate a 
drug trafficking crime (as defined in section 929(a) of this 
title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed to facility such an 
act of international terrorism or a drug trafficking crime), or 
15 years (in the case of any other offense),\18\ or both.
---------------------------------------------------------------------------
    \18\ Sec. 211(a)(2) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 
3009) struck out ``imprisoned not more than ten years'' and inserted in 
lieu thereof ``imprisoned not more than 25 years (if the offense was 
committed to facilitate an act of international terrorism (as defined 
in section 2331 of this title)), 20 years (if the offense was committed 
to facilitate a drug trafficking crime (as defined in section 929(a) of 
this title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed to facility such an act of 
international terrorism or a drug trafficking crime), or 15 years (in 
the case of any other offense)''.
---------------------------------------------------------------------------
    For purposes of this section, the term ``State'' means a 
State of the United States, the District of Columbia, and any 
commonwealth, territory, or possession of the United States.

Sec. 1542. False Statement in Application and Use of Passport.

    Whoever willfully and knowingly makes any false statement 
in an application for passport with intent to induce or secure 
the issuance of a passport under the authority of the United 
States, either for his own use or the use of another, contrary 
to the laws regulating the issuance of passports or the rules 
prescribed pursuant to such laws; or
    Whoever willfully and knowingly uses, or attempts to use, 
or furnishes to another for use any passport the issue of which 
was secured in any way by reason of any false statement--
    Shall be fined under this title, imprisoned not more than 
25 years (if the offense was committed to facilitate an act of 
international terrorism (as defined in section 2331 of this 
title)), 20 years (if the offense was committed to facilitate a 
drug trafficking crime (as defined in section 929(a) of this 
title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed to facility such an 
act of international terrorism or a drug trafficking crime), or 
15 years (in the case of any other offense),\19\ or both.
---------------------------------------------------------------------------
    \19\ Sec. 211(a)(2) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 
3009) struck out ``imprisoned not more than ten years'' and inserted in 
lieu thereof ``imprisoned not more than 25 years (if the offense was 
committed to facilitate an act of international terrorism (as defined 
in section 2331 of this title)), 20 years (if the offense was committed 
to facilitate a drug trafficking crime (as defined in section 929(a) of 
this title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed to facility such an act of 
international terrorism or a drug trafficking crime), or 15 years (in 
the case of any other offense)''.
---------------------------------------------------------------------------

Sec. 1543. Forgery or False Use of Passport.

    Whoever falsely makes, forges, counterfeits, mutilates, or 
alters any passport or instrument purporting to be a passport, 
with intent that the same may be used; or
    Whoever willfully and knowingly uses, or attempts to use, 
or furnishes to another for use any such false, forged, 
counterfeited, mutilated, or altered passport or instrument 
purporting to be a passport, or any passport validly issued 
which has become void by the occurrence of any condition 
therein prescribed invalidating the same--
    Shall be fined not under this title, imprisoned not more 
than 25 years (if the offense was committed to facilitate an 
act of international terrorism (as defined in section 2331 of 
this title)), 20 years (if the offense was committed to 
facilitate a drug trafficking crime (as defined in section 
929(a) of this title)), 10 years (in the case of the first or 
second such offense, if the offense was not committed to 
facility such an act of international terrorism or a drug 
trafficking crime), or 15 years (in the case of any other 
offense),\19\ or both.

Sec. 1544. Misuse of Passport.

    Whoever willfully and knowingly uses, or attempts to use, 
any passport issued or designed for the use of another; or
    Whoever willfully and knowingly uses, or attempts to use, 
any passport in violation of the conditions or restrictions 
therein contained or of the rules prescribed pursuant to the 
laws regulating the issuance of passports; or
    Whoever willfully and knowingly furnishes, disposes of, or 
delivers a passport to any person, for use by another than the 
person for whose use it was originally issued and designed--
    Shall be fined under this title, imprisoned not more than 
25 years (if the offense was committed to facilitate an act of 
international terrorism (as defined in section 2331 of this 
title)), 20 years (if the offense was committed to facilitate a 
drug trafficking crime (as defined in section 929(a) of this 
title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed to facility such an 
act of international terrorism or a drug trafficking crime), or 
15 years (in the case of any other offense),\19\ or both.

Sec. 1545. Safe Conduct Violation.

    Whoever violates any safe conduct or passport duly obtained 
and issued under authority of the United States shall be fined 
under this title, imprisoned not more than 10 years, or both.

Sec. 1546. Fraud and Misuse of Visas, Permits, and Other Documents.

    (a) Whoever knowingly forges, counterfeits, alters, or 
falsely makes any immigrant or nonimmigrant visa, permit, 
border crossing card, alien registration receipt card, or other 
document prescribed by statute or regulation for entry into or 
as evidence of authorized stay or employment in the United 
States, or utters, uses, attempts to use, possesses, obtains, 
accepts, or receives any such visa, permit, border crossing 
card, alien registration receipt card, or other document 
prescribed by statute or regulation for entry into or as 
evidence of authorized stay or employment in the United States, 
knowing it to be forged, counterfeited, altered, or falsely 
made, or to have been procured by means of any false claim or 
statement, or to have been otherwise procured by fraud or 
unlawfully obtained; or
    Whoever, except under direction of the Attorney General or 
the Commissioner of the Immigration and Naturalization Service, 
or other proper officer, knowingly possesses any blank permit, 
or engraves, sells, brings into the United States, or has in 
his control or possession any plate in the likeness of a plate 
designed for the printing of permits, or makes any print, 
photograph, or impression in the likeness of any immigrant or 
nonimmigrant visa, permit or other document required for entry 
into the United States, or has in his possession a distinctive 
paper which has been adopted by the Attorney General or the 
Commissioner of the Immigration and Naturalization Service for 
the printing of such visas, permits, or documents; or
    Whoever, when applying for an immigrant or nonimmigrant 
visa, permit, or other document required for entry into the 
United States, or for admission to the United States personates 
another, or falsely appears in the name of a deceased 
individual, or evades or attempts to evade the immigration laws 
by appearing under an assumed or fictitious name without 
disclosing his true identity, or sells or otherwise disposes 
of, or offers to sell or otherwise dispose of, or utters, such 
visa, permit, or other document, to any person not authorized 
by law to receive such document; or
    Whoever knowingly makes under oath, or as permitted under 
penalty of perjury under section 1746 of title 28, United 
States Code, knowingly subscribes as true, any false statement 
with respect to a material fact in any application, affidavit, 
or other document required by the immigration laws or 
regulations prescribed thereunder, or knowingly presents any 
such application, affidavit, or other document which contains 
any such false statement or which fails to contain any 
reasonable basis in law or fact--
    Shall be fined under this title or imprisoned not more than 
25 years (if the offense was committed to facilitate an act of 
international terrorism (as defined in section 2331 of this 
title)), 20 years (if the offense was committed to facilitate a 
drug trafficking crime (as defined in section 929(a) of this 
title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed to facility such an 
act of international terrorism or a drug trafficking crime), or 
15 years (in the case of any other offense),\20\ or both.
---------------------------------------------------------------------------
    \20\ Sec. 211(a)(2) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 
3009) struck out ``imprisoned not more than ten years'' and inserted in 
lieu thereof ``imprisoned not more than 25 years (if the offense was 
committed to facilitate an act of international terrorism (as defined 
in section 2331 of this title)), 20 years (if the offense was committed 
to facilitate a drug trafficking crime (as defined in section 929(a) of 
this title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed to facility such an act of 
international terrorism or a drug trafficking crime), or 15 years (in 
the case of any other offense)''.
---------------------------------------------------------------------------
    (b) Whoever uses--
          (1) an identification document, knowing (or having 
        reason to know) that the document was not issued 
        lawfully for the use of the possessor,
          (2) an identification document knowing (or having 
        reason to know) that the document is false, or
          (3) a false attestation,
for the purpose of satisfying a requirement of section 274A(b) 
of the Immigration and Nationality Act, shall be fined under 
this title, imprisoned not more than 5 years, or both.
    (c) This section does not prohibit any lawfully authorized 
investigative, protective, or intelligence activity of a law 
enforcement agency of the United States, a State, or a 
subdivision of a State, or of an intelligence agency of the 
United States, or any activity authorized under title V of the 
Organized Crime Control Act of 1970. For purposes of this 
section, the term ``State'' means a State of the United States, 
the District of Columbia, and any commonwealth, territory, or 
possession of the United States.

                         CHAPTER 111--SHIPPING


Sec. Sec. 2280. Violence against maritime navigation

    (a) Offenses.--
          (1) In general.--A person who unlawfully and 
        intentionally--
                  (A) seizes or exercises control over a ship 
                by force or threat thereof or any other form of 
                intimidation;
                  (B) performs an act of violence against a 
                person on board a ship if that act is likely to 
                endanger the safe navigation of that ship;
                  (C) destroys a ship or causes damage to a 
                ship or to its cargo which is likely to 
                endanger the safe navigation of that ship;
                  (D) places or causes to be placed on a ship, 
                by any means whatsoever, a device or substance 
                which is likely to destroy that ship, or cause 
                damage to that ship or its cargo which 
                endangers or is likely to endanger the safe 
                navigation of that ship;
                  (E) destroys or seriously damages maritime 
                navigational facilities or seriously interferes 
                with their operation, if such act is likely to 
                endanger the safe navigation of a ship;
                  (F) communicates information, knowing the 
                information to be false and under circumstances 
                in which such information may reasonably be 
                believed, thereby endangering the safe 
                navigation of a ship;
                  (G) injures or kills any person in connection 
                with the commission or the attempted commission 
                of any of the offenses set forth in 
                subparagraphs (A) through (F); or
                  (H) attempts to do any act prohibited under 
                subparagraphs (A) through (G),
shall be fined under this title, imprisoned not more than 20 
years,or both; and if the death of any person results from 
conductprohibited by this paragraph, shall be punished by death 
orimprisoned for any term of years or for life.
          (2) Threat to navigation.--A person who threatens to 
        do any actprohibited under paragraph (1)(B), (C) or 
        (E), with apparentdetermination and will to carry the 
        threat into execution, if thethreatened act is likely 
        to endanger the safe navigation of the shipin question, 
        shall be fined under this title, imprisoned not 
        morethan 5 years, or both.
    (b) Jurisdiction.--There is jurisdiction over the activity 
prohibited in subsection (a)--
          (1) in the case of a covered ship, if--
                  (A) such activity is committed--
                          (i) against or on board a ship flying 
                        the flag of the United States at the 
                        time the prohibited activity is 
                        committed;
                          (ii) in the United States and the 
                        activity is not prohibited as a crime 
                        by the State in which the activity 
                        takes place; or
                          (iii) the activity takes place on a 
                        ship flying the flag of a foreign 
                        country or outside the United States, 
                        by a national of the United States or 
                        by a stateless person whose habitual 
                        residence is in the United States;
                  (B) during the commission of such activity, a 
                national of the United States is seized, 
                threatened, injured or killed; or
                  (C) the offender is later found in the United 
                States after such activity is committed;
          (2) in the case of a ship navigating or scheduled to 
        navigate solely within the territorial sea or internal 
        waters of a country other than the United States, if 
        the offender is later found in the United States after 
        such activity is committed; and
          (3) in the case of any vessel, if such activity is 
        committed in an attempt to compel the United States to 
        do or abstain from doingany act.
    (c) Bar To Prosecution.--It is a bar to Federal prosecution 
under subsection (a) for conduct that occurred within the 
United States that the conduct involved was during or in 
relation to a labor dispute, and such conduct is prohibited as 
a felony under the law of the State in which it was committed. 
For purposes of this section, the term ``labor dispute'' has 
the meaning set forth in section 2(c) \21\ of the Norris-
LaGuardia Act, as amended (29 U.S.C. 113(c)).
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    \21\ So in original. Probably should be section ``13(c)''.
---------------------------------------------------------------------------
    (d) Delivery of Suspected Offender.--The master of a 
covered ship flying the flag of the United States who has 
reasonable grounds to believe that there is on board that ship 
any person who has committed an offense under Article 3 of the 
Convention for the Suppression of Unlawful Acts Against the 
Safety of Maritime Navigation may deliver such person to the 
authorities of a State Party to that Convention. Before 
delivering such person to the authorities of another country, 
the master shall notify in an appropriate manner the Attorney 
General of the United States of the alleged offense and await 
instructions from the Attorney General as to what action to 
take. When delivering the person to a country which is a State 
Party to the Convention, the master shall, whenever 
practicable, and if possible before entering the territorial 
sea of such country, notify the authorities of such country of 
the master's intention to deliver such person and the reasons 
therefor. If the master delivers such person, the master shall 
furnish to the authorities of such country the evidence in the 
master's possession that pertains to the alleged offense.
    (e) Definitions.--In this section--
          ``covered ship'' means a ship that is navigating or 
        is scheduled to navigate into, through or from waters 
        beyond the outer limit of the territorial sea of a 
        single country or a lateral limit of that country's 
        territorial sea with an adjacent country.
          ``national of the United States'' has the meaning 
        stated in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)).
          ``territorial sea of the United States'' means all 
        waters extending seaward to 12 nautical miles from the 
        baselines of the United States determined in accordance 
        with international law.
          ``ship'' means a vessel of any type whatsoever not 
        permanently attached to the sea-bed, including 
        dynamically supported craft, submersibles or any other 
        floating craft, but does not include a warship, a ship 
        owned or operated by a government when being used as a 
        naval auxiliary or for customs or police purposes, or a 
        ship which has been withdrawn from navigation or laid 
        up.
          ``United States'', when used in a geographical sense, 
        includes the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands and all 
        territories and possessions of the United States.

Sec. 2281. Violence against maritime fixed platforms

    (a) Offenses.--
          (1) In general.--A person who unlawfully and 
        intentionally--
                  (A) seizes or exercises control over a fixed 
                platform by force or threat thereof or any 
                other form of intimidation;
                  (B) performs an act of violence against a 
                person on board a fixed platform if that act is 
                likely to endanger its safety;
                  (C) destroys a fixed platform or causes 
                damage to it which is likely to endanger its 
                safety;
                  (D) places or causes to be placed on a fixed 
                platform, by any means whatsoever, a device or 
                substance which is likely to destroy that fixed 
                platform or likely to endanger its safety;
                  (E) injures or kills any person in connection 
                with the commission or the attempted commission 
                of any of the offenses set forth in 
                subparagraphs (A) through (D); or
                  (F) attempts to do anything prohibited under 
                subparagraphs (A) through (E),
shall be fined under this title, imprisoned not more than 20 
years, or both; and if death results to any person from conduct 
prohibited by this paragraph, shall be punished by death or 
imprisoned for any term of years or for life.
          (2) Threat to safety.--A person who threatens to do 
        anything prohibited under paragraph (1)(B) or (C), with 
        apparent determination and will to carry the threat 
        into execution, if the threatened act is likely to 
        endanger the safety of the fixed platform, shall be 
        fined under this title, imprisoned not more than 5 
        years, or both.
    (b) Jurisdiction.--There is jurisdiction over the activity 
prohibited in subsection (a) if--
          (1) such activity is committed against or on board a 
        fixed platform--
                  (A) that is located on the continental shelf 
                of the United States;
                  (B) that is located on the continental shelf 
                of another country, by a national of the United 
                States or by a stateless person whose habitual 
                residence is in the United States; or
                  (C) in an attempt to compel the United States 
                to do or abstain from doing any act;
          (2) during the commission of such activity against or 
        on board a fixed platform located on a continental 
        shelf, a national of the United States is seized, 
        threatened, injured or killed; or
          (3) such activity is committed against or on board a 
        fixed platform located outside the United States and 
        beyond the continental shelf of the United States and 
        the offender is later found in the United States.
    (c) Bar To Prosecution.--It is a bar to Federal prosecution 
under subsection (a) for conduct that occurred within the 
United States that the conduct involved was during or in 
relation to a labor dispute, and such conduct is prohibited as 
a felony under the law of the State in which it was committed. 
For purposes of this section, the term ``labor dispute'' has 
the meaning set forth in section 2(c) \22\ of the Norris-
LaGuardia Act, as amended (29 U.S.C. 113(c)).
---------------------------------------------------------------------------
    \22\ So in original. Probably should be section ``13(c)''.
---------------------------------------------------------------------------
    (d) Definitions.--In this section--
          ``continental shelf'' means the sea-bed and subsoil 
        of the submarine areas that extend beyond a country's 
        territorial sea to the limits provided by customary 
        international law as reflected in Article 76 of the 
        1982 Convention on the Law of the Sea.
          ``fixed platform'' means an artificial island, 
        installation or structure permanently attached to the 
        sea-bed for the purpose of exploration or exploitation 
        of resources or for other economic purposes.
          ``national of the United States'' has the meaning 
        stated in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)).
          ``territorial sea of the United States'' means all 
        waters extending seaward to 12 nautical miles from the 
        baselines of the United States determined in accordance 
        with international law.
          ``United States'', when used in a geographical sense, 
        includes the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands and all 
        territories and possessions of the United States.

                      CHAPTER 113B--TERRORISM \23\


Sec. 2331.\24\ Definitions

    As used in this chapter--
---------------------------------------------------------------------------
    \23\ Sec. 250002(a) of Public Law 103-322 (108 Stat. 2082) 
redesignated this chapter as chapter 113B from chapter 113A, and 
inserted a new chapter 113A relating to telemarketing fraud.
    \24\ Sec. 132 of Public Law 101-519 (104 Stat. 225) amended section 
2331 of chapter 113A, title 18, U.S.C., redesignated it as section 
2332, and added new secs. 2331, 2333 through 2338. Sec. 132(d) of that 
Act further provided that ``This section and the amendments made by 
this section shall apply to any pending case and any cause of action 
arising on or after 3 years before the date of enactment of this 
section.''.
    However, sec. 402 of Public Law 102-27 (105 Stat. 155), as amended 
by sec. 126 of Public Law 102-136 (105 Stat. 643), repealed the 
amendments of Public Law 101-519, restoring sec. 2332 as sec. 2331. 
Sec. 402 of Public Law 102-27, as amended, provided as follows:
    ``sec. 402. military construction.
    ``(a) In Public Law 101-519, the Military Construction 
Appropriations Act, 1991, sections 131 and 132 are hereby repealed 
effective November 5, 1990.
    ``(b) Effective November 5, 1990, chapter 113A of title 18, United 
States Code, is amended to read as if section 132 of Public Law 101-519 
[104 Stat. 2250] had not been enacted.''.
    Subsequently, sec. 1003(a) of the Federal Courts Administration Act 
of 1992 (Public Law 102-572; 106 Stat. 4521) redesignated sec. 2331 as 
2332, and inserted new secs. 2331, 2333-2338, with such amendments 
applicable ``to any pending case or any cause of action arising on or 
after 4 years before the date of enactment of this Act'', pursuant to 
sec. 1003(c) of Public Law 102-572 (106 Stat. 4524; 18 U.S.C. 2331 
note).
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          (1) the term ``international terrorism'' means 
        activities that--
                  (A) involve violent acts or acts dangerous to 
                human life that are a violation of the criminal 
                laws of the United States or of any State, or 
                that would be a criminal violation if committed 
                within the jurisdiction of the United States or 
                of any State;
                  (B) appear to be intended--
                          (i) to intimidate or coerce a 
                        civilian population;
                          (ii) to influence the policy of a 
                        government by intimidation or coercion; 
                        or
                          (iii) to affect the conduct of a 
                        government by assassination or 
                        kidnapping; and
                  (C) occur primarily outside the territorial 
                jurisdiction of the United States, or transcend 
                national boundaries in terms of the means by 
                which they are accomplished, the persons they 
                appear intended to intimidate or coerce, or the 
                locale in which their perpetrators operate or 
                seek asylum;
          (2) the term ``national of the United States'' has 
        the meaning given such term in section 101(a)(22) of 
        the Immigration and Nationality Act;
          (3) the term ``person'' means any individual or 
        entity capable of holding a legal or beneficial 
        interest in property; and
          (4) the term ``act of war'' means any act occurring 
        in the course of--
                  (A) declared war;
                  (B) armed conflict, whether or not war has 
                been declared, between two or more nations; or
                  (C) armed conflict between military forces of 
                any origin.

Sec. 2332.\25\ Criminal penalties

    (a) Homicide.--Whoever kills a national of the United 
States, while such national is outside the United States, 
shall--
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    \25\ This section was added as sec. 2331 by sec. 1202(a) of Public 
Law 99-399 (100 Stat. 896), with a caption that read ``Terrorist acts 
abroad against United States nationals''. Sec. 1003(a)(2) of Public Law 
102-572 (106 Stat. 4521) redesignated sec. 2331 as 2332, struck out the 
caption, and inserted in its place a caption that read ``Criminal 
penalties'', with such amendment applicable ``to any pending case or 
any cause of action arising on or after 4 years before the date of 
enactment of this Act'', pursuant to sec. 1003(c) of Public Law 102-572 
(106 Stat. 4524; 18 U.S.C. 2331 note).
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          (1) if the killing is murder (as defined in section 
        1111(a), be fined under this title, punished by death 
        or imprisonment for any term of years or for life, or 
        both;
          (2) if the killing is a voluntary manslaughter as 
        defined in section 1112(a) of this title, be fined 
        under this title or imprisoned not more than ten years, 
        or both; and
          (3) if the killing is an involuntary manslaughter as 
        defined in section 1112(a) of this title, be fined 
        under this title or imprisoned not more than three 
        years, or both.
    (b) Attempt or Conspiracy With Respect to Homicide.--
Whoever outside the United States attempts to kill, or engages 
in a conspiracy to kill, a national of the United States 
shall--
          (1) in the case of an attempt to commit a killing 
        that is a murder as defined in this chapter, be fined 
        under this title or imprisoned not more than 20 years, 
        or both; and
          (2) in the case of a conspiracy by two or more 
        persons to commit a killing that is a murder as defined 
        in section 1111(a) of this title, if one or more of 
        such persons do any overt act to effect the object of 
        the conspiracy, be fined under this title or imprisoned 
        for any term of years or for life, or both so fined and 
        so imprisoned.
    (c) Other Conduct.--Whoever outside the United States 
engages in physical violence--
          (1) with intent to cause serious bodily injury to a 
        national of the United States; or
          (2) with the result that serious bodily harm is 
        caused to a national of the United States;
shall be fined under this title or imprisoned not more than ten 
years, or both.
    (d) \26\ Limitation on Prosecution.--No prosecution for any 
offense described in this section shall be undertaken by the 
United Stats except on written certification of the Attorney 
General or the highest ranking subordinate of the Attorney 
General with responsibility for criminal prosecutions that, in 
the judgment of the certifying official, such offense was 
intended to coerce, intimidate, or retaliate against a 
government or a civilian population.
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    \26\ Sec. 1003(a)(1) of Public Law 102-572 (106 Stat. 4521) struck 
out subsec. (d), and redesignated subsec. (e) as (d), with such 
amendment applicable ``to any pending case or any cause of action 
arising on or after 4 years before the date of enactment of this Act'', 
pursuant to sec. 1003(c) of Public Law 102-572 (106 Stat. 4524; 18 
U.S.C. 2331 note). Subsec. (d) defined ``national of the United 
States'' as having the meaning given in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
---------------------------------------------------------------------------

Sec. 2332a.\27\ Use of certain weapons of mass destruction

    (a) \28\ Offense Against a National of the United States or 
Within the United States.--A person who, without lawful 
authority, uses, threatens, or attempts \29\ or conspires to 
use, a weapon of mass destruction (other than a chemical weapon 
as that term is defined in section 229F), including any 
biological agent, toxin, or vector (as those terms are defined 
in section 178)--\30\
---------------------------------------------------------------------------
    \27\ Sec. 60023(a) of Public Law 103-322 (108 Stat. 1980) added 
sec. 2332a.
    \28\ Sec. 725(1)(A) of Public Law 104-132 (110 Stat. 1300) inserted 
``Against a National of the United States or Within the United States'' 
after ``Offense'' in the subsec. heading.
    \29\ Sec. 725(1)(B) of Public Law 104-132 (110 Stat. 1300) struck 
out ``uses, or attempts'' and inserted in lieu thereof ``, without 
lawful authority, uses, threatens, or attempts''.
    \30\ Sec. 511(c) of Public Law 104-132 (110 Stat. 1284) added 
``including any biological agent, toxin, or vector (as those terms are 
defined in section 178)'' after ``destruction''.
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          (1) against a national of the United States while 
        such national is outside of the United States;
          (2) against any person within the United States, and 
        the results of such use affect interstate or foreign 
        commerce or, in the case of a threat, attempt, or 
        conspiracy, would have affected interstate or foreign 
        commerce; \31\ or
---------------------------------------------------------------------------
    \31\ Sec. 725(1)(C) of Public Law 104-132 (110 Stat. 1300) added 
``, and the results of such use affect interstate or foreign commerce 
or, in the case of a threat, attempt, or conspiracy, would have 
affected interstate or foreign commerce''.
---------------------------------------------------------------------------
          (3) against any property that is owned, leased or 
        used by the United States or by any department or 
        agency of the United States, whether the property is 
        within or outside of the United States,
shall be imprisoned for any term of years or for life, and if 
death results, shall be imprisoned by death or imprisoned for 
any term of years of for life.
    (b) \32\ Offense by National of the United States Outside 
of the United States.--Any national of the United States who, 
without lawful authority, uses, or threatens, attempts, or 
conspires to use, a weapon of mass destruction (other than a 
chemical weapon (as that term is defined in section 229F)) 
outside of the United States shall be imprisoned for any term 
of years or for life, and if death results, shall be punished 
by death, or by imprisonment for any term of years or for life.
---------------------------------------------------------------------------
    \32\ Sec. 725(3) and (4) of Public Law 104-132 (110 Stat. 1300) 
redesignated subsec. (b) as subsec. (c), and added a new subsec. (b).
---------------------------------------------------------------------------
    (c) \32\ Definitions.--For purposes of this section--
          (1) the term ``national of the United States'' has 
        the meaning given in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); 
        and
          (2) the term ``weapon of mass destruction'' means--
                  (A) any destructive device as defined in 
                section 921 of this title;
          (B) any weapon that is designed or intended to cause 
        death or serious bodily injury through the release, 
        dissemination, or impact of toxic or poisonous 
        chemicals, or their precursors;
                  (C) any weapon involving a disease organism; 
                or
                  (D) any weapon that is designed to release 
                radiation or radioactivity at a level dangerous 
                to human life.

Sec. 2332b.\33\ Acts of terrorism transcending national boundaries

    (a) Prohibited Acts.--
---------------------------------------------------------------------------
    \33\ Added by sec. 702(a) of Public Law 104-132 (110 Stat. 1291).
---------------------------------------------------------------------------
          (1) Offenses.--Whoever, involving conduct 
        transcending national boundaries and in a circumstance 
        described in subsection (b)--
                  (A) kills, kidnaps, maims, commits an assault 
                resulting in serious bodily injury, or assaults 
                with a dangerous weapon any person within the 
                United States; or
                  (B) creates a substantial risk of serious 
                bodily injury to any other person by destroying 
                or damaging any structure, conveyance, or other 
                real or personal property within the United 
                States or by attempting or conspiring to 
                destroy or damage any structure, conveyance, or 
                other real or personal property within the 
                United States;
        in violation of the laws of any State, or the United 
        States, shall be punished as prescribed in subsection 
        (c).
          (2) Treatment of threats, attempts and 
        conspiracies.--Whoever threatens to commit an offense 
        under paragraph (1), or attempts or conspires to do so, 
        shall be punished under subsection (c).
    (b) Jurisdictional Bases.--
          (1) Circumstances.--The circumstances referred to in 
        subsection (a) are--
                  (A) the mail or any facility of interstate or 
                foreign commerce is used in furtherance of the 
                offense;
                  (B) the offense obstructs, delays, or affects 
                interstate or foreign commerce, or would have 
                so obstructed, delayed, or affected interstate 
                or foreign commerce if the offense had been 
                consummated;
                  (C) the victim, or intended victim, is the 
                United States Government, a member of the 
                uniformed services, or any official, officer, 
                employee, or agent of the legislative, 
                executive, or judicial branches, or of any 
                department or agency, of the United States;
                  (D) the structure, conveyance, or other real 
                or personal property is, in whole or in part, 
                owned, possessed, or leased to the United 
                States, or any department or agency of the 
                United States;
                  (E) the offense is committed in the 
                territorial sea (including the airspace above 
                and the seabed and subsoil below, and 
                artificial islands and fixed structures erected 
                thereon) of the United States; or
                  (F) the offense is committed within the 
                special maritime and territorial jurisdiction 
                of the United States.
          (2) Co-conspirators and accessories after the fact.--
        Jurisdiction shall exist over all principals and co-
        conspirators of an offense under this section, and 
        accessories after the fact to any offense under this 
        section, if at least one of the circumstances described 
        in subparagraphs (A) through (F) of paragraph (1) is 
        applicable to at least one offender.
    (c) Penalties.--
          (1) Penalties.--Whoever violates this section shall 
        be punished--
                  (A) for a killing, or if death results to any 
                person from any other conduct prohibited by 
                this section, by death, or by imprisonment for 
                any term of years or for life;
                  (B) for kidnapping, by imprisonment for any 
                term of years or for life;
                  (C) for maiming, by imprisonment for not more 
                than 35 years;
                  (D) for assault with a dangerous weapon or 
                assault resulting in serious bodily injury, by 
                imprisonment for not more than 30 years;
                  (E) for destroying or damaging any structure, 
                conveyance, or other real or personal property, 
                by imprisonment for not more than 25 years;
                  (F) for attempting or conspiring to commit an 
                offense, for any term of years up to the 
                maximum punishment that would have applied had 
                the offense been completed; and
                  (G) for threatening to commit an offense 
                under this section, by imprisonment for not 
                more than 10 years.
          (2) Consecutive sentence.--Notwithstanding any other 
        provision of law, the court shall not place on 
        probation any person convicted of a violation of this 
        section; nor shall the term of imprisonment imposed 
        under this section run concurrently with any other term 
        of imprisonment.
    (d) Proof Requirements.--The following shall apply to 
prosecutions under this section:
          (1) Knowledge.--The prosecution is not required to 
        prove knowledge by any defendant of a jurisdictional 
        base alleged in the indictment.
          (2) State law.--In a prosecution under this section 
        that is based upon the adoption of State law, only the 
        elements of the offense under State law, and not any 
        provisions pertaining to criminal procedure or 
        evidence, are adopted.
    (e) Extraterritorial Jurisdiction.--There is 
extraterritorial Federal jurisdiction--
          (1) over any offense under subsection (a), including 
        any threat, attempt, or conspiracy to commit such 
        offense; and
          (2) over conduct which, under section 3, renders any 
        person an accessory after the fact to an offense under 
        subsection (a).
    (f) Investigative Authority.--In addition to any other 
investigative authority with respect to violations of this 
title, the Attorney General shall have primary investigative 
responsibility for all Federal crimes of terrorism, and the 
Secretary of the Treasury shall assist the Attorney General at 
the request of the Attorney General. Nothing in this section 
shall be construed to interfere with the authority of the 
United States Secret Service under section 3056.
    (g) Definitions.--As used in this section--
          (1) the term ``conduct transcending national 
        boundaries'' means conduct occurring outside of the 
        United States in addition to the conduct occurring in 
        the United States;
          (2) the term ``facility of interstate or foreign 
        commerce'' has the meaning given that term in section 
        1958(b)(2);
          (3) the term ``serious bodily injury'' has the 
        meaning given that term in section 1365(g)(3);
          (4) the term ``territorial sea of the United States'' 
        means all waters extending seaward to 12 nautical miles 
        from the baselines of the United States, determined in 
        accordance with international law; and
          (5) the term ``Federal crime of terrorism'' means an 
        offense that--
                  (A) is calculated to influence or affect the 
                conduct of government by intimidation or 
                coercion, or to retaliate against government 
                conduct; and
                  (B) is a violation of--
                          (i) section 32 (relating to 
                        destruction of aircraft or aircraft 
                        facilities), 37 (relating to violence 
                        at international airports), 81 
                        (relating to arson within special 
                        maritime and territorial jurisdiction), 
                        175 (relating to biological weapons), 
                        351 (relating to congressional, 
                        cabinet, and Supreme Court 
                        assassination, kidnapping, and 
                        assault), 831 (relating to nuclear 
                        materials), 842 (m) or (n) (relating to 
                        plastic explosives), 844(e) (relating 
                        to certain bombings), 844 (f) or (i) 
                        (relating to arson and bombing of 
                        certain property),930(c),\34\ 956 
                        (relating to conspiracy to injure 
                        property of a foreign government), 1114 
                        (relating to protection of officers and 
                        employees of the United States), 1116 
                        (relating to murder or manslaughter of 
                        foreign officials, official guests, or 
                        internationally protected persons), 
                        1203 (relating to hostage taking), 1361 
                        (relating to injury of Government 
                        property or contracts), 1362 (relating 
                        to destruction of communication lines, 
                        stations, or systems), 1363 (relating 
                        to injury to buildings or property 
                        within special maritime and territorial 
                        jurisdiction of the United States), 
                        1366 (relating to destruction of an 
                        energy facility), 1751 (relating to 
                        Presidential and Presidential staff 
                        assassination, kidnapping, and 
                        assault), 1992,\34\ 2152 (relating to 
                        injury of fortifications, harbor 
                        defenses, or defensive sea areas), 2155 
                        (relating to destruction of national 
                        defense materials, premises, or 
                        utilities), 2156 (relating to 
                        production of defective national 
                        defense materials, premises, or 
                        utilities), 2280 (relating to violence 
                        against maritime navigation), 2281 
                        (relating to violence against maritime 
                        fixed platforms), 2332 (relating to 
                        certain homicides and other violence 
                        against United States nationals 
                        occurring outside of the United 
                        States), 2332a (relating to use of 
                        weapons of mass destruction), 2332b 
                        (relating to acts of terrorism 
                        transcending national boundaries), 
                        2332c,\34\ 2339A (relating to providing 
                        material support to terrorists), 2339B 
                        (relating to providing material support 
                        to terrorist organizations), or 2340A 
                        (relating to torture);
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    \34\ Sec. 601(s)(3) of Public Law 104-294 (110 Stat. 3502) inserted 
reference to secs. 930(c), 1992, and 2332c.
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                          (ii) section 236 (relating to 
                        sabotage of nuclear facilities or fuel) 
                        of the Atomic Energy Act of 1954 (42 
                        U.S.C. 2284); or
                          (iii) section 46502 (relating to 
                        aircraft piracy) or section 60123(b) 
                        (relating to destruction of interstate 
                        gas or hazardous liquid pipeline 
                        facility) of title 49.

Sec. 2332c.\35\ Use of chemical weapons

    (a) Prohibited Acts.--
---------------------------------------------------------------------------
    \35\ Sec. 521(a) of Public Law 104-132 (110 Stat. 1286) added sec. 
2332c.
---------------------------------------------------------------------------
          (1) Offense.--A person shall be punished under 
        paragraph (2) if that person, without lawful authority, 
        uses, or attempts or conspires to use, a chemical 
        weapon against--
                  (A) a national of the United States while 
                such national is outside of the United States;
                  (B) any person within the United States; or
                  (C) any property that is owned, leased, or 
                used by the United States or by any department 
                or agency of the United States, whether the 
                property is within or outside of the United 
                States.
          (2) Penalties.--A person who violates paragraph (1)--
                  (A) shall be imprisoned for any term of years 
                or for life; or
                  (B) if death results from that violation, 
                shall be punished by death or imprisoned for 
                any term of years or for life.
    (b) Definitions.--As used in this section--
          (1) the term ``national of the United States'' has 
        the same meaning as in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); 
        and
          (2) the term ``chemical weapon'' means any weapon 
        that is designed or intended to cause widespread death 
        or serious bodily injury through the release, 
        dissemination, or impact of toxic or poisonous 
        chemicals or precursors of toxic or poisonous 
        chemicals.

Sec. 2332d.\36\ Financial transactions

    (a) Offense.--Except as provided in regulations issued by 
the Secretary of the Treasury, in consultation with the 
Secretary of State, whoever, being a United States person, 
knowing or having reasonable cause to know that a country is 
designated under section 6(j) of the Export Administration Act 
(50 U.S.C. App. 2405) as a country supporting international 
terrorism, engages in a financial transaction with the 
government of that country, shall be fined under this title, 
imprisoned for not more than 10 years, or both.
---------------------------------------------------------------------------
    \36\ Sec. 321(a) of Public Law 104-132 (110 Stat. 1254) added sec. 
2332d. Sec. 321(c) of that Act also provided that ``The amendments made 
by this section shall become effective 120 days after the date of 
enactment of this Act.'' [enactment date, April 24, 1996].
---------------------------------------------------------------------------
    (b) Definitions.--As used in this section--
          (1) the term ``financial transaction'' has the same 
        meaning as in section 1956(c)(4); and
          (2) the term ``United States person'' means any--
                  (A) United States citizen or national;
                  (B) permanent resident alien;
                  (C) juridical person organized under the laws 
                of the United States; or
                  (D) any person in the United States.

Sec. 2332e.\37\ Requests for military assistance to enforce prohibition 
                    in certain emergencies

    The Attorney General may request the Secretary of Defense 
to provide assistance under section 382 of title 10 in support 
of Department of Justice activities relating to the enforcement 
of section 2332c of this title during an emergency situation 
involving a chemical weapon of mass destruction. The authority 
to make such a request may be exercised by another official of 
the Department of Justice in accordance with section 382(f)(2) 
of title 10.
---------------------------------------------------------------------------
    \37\ Sec. 1416(c)(2)(A) of Public Law 104-201 (110 Stat. 2723) 
added this section as section 2332d to ``chapter 133B of title 18, 
United States Code, that relates to terrorism after section 2332c''. 
There is no chapter 133B; it is assumed the amendment is to chapter 
113B. Sec. 605(q) of Public Law 104-294 (110 Stat. 3510) subsequently 
redesignated the section as sec. 2332e and moved the section to follow 
sec. 2332d.
---------------------------------------------------------------------------

Sec. 2333.\24\ Civil remedies

    (a) Action and Jurisdiction.--Any national of the United 
States injured in his or her person, property, or business by 
reason of an act of international terrorism, or his or her 
estate, survivors, or heirs, may sue therefor in any 
appropriate district court of the United States and shall 
recover threefold the damages he or she sustains and the cost 
of the suit, including attorney's fees.
    (b) Estoppel Under United States Law.--A final judgment or 
decree rendered in favor of the United States in any criminal 
proceeding under section 1116, 1201, 1203, or 2332 of this 
title or section 46314, 46502, 46505, or 46506 of title 49 \38\ 
shall estop the defendant from denying the essential 
allegations of the criminal offense in any subsequent civil 
proceeding under this section.
---------------------------------------------------------------------------
    \38\ Sec. 2(1) of Public Law 103-429 (108 Stat. 4377) struck out 
``section 902(i), (k), (l), (n), or (r) of the Federal Aviation Act of 
1958 (49 U.S.C. App. 1472(i), (k), (l), (n), or (r))'' and inserted in 
lieu thereof ``section 46314, 46502, 46505, or 46506 of title 49''.
---------------------------------------------------------------------------
    (c) Estoppel Under Foreign Law.--A final judgment or decree 
rendered in favor of any foreign state in any criminal 
proceeding shall, to the extent that such judgment or decree 
may be accorded full faith and credit under the law of the 
United States, estop the defendant from denying the essential 
allegations of the criminal offense in any subsequent civil 
proceeding under this section.

Sec. 2334.\24\ Jurisdiction and venue

    (a) General Venue.--Any civil action under section 2333 of 
this title against any person may be instituted in the district 
court of the United States for any district where any plaintiff 
resides or where any defendant resides or is served, or has an 
agent. Process in such a civil action may be served in any 
district where the defendant resides, is found, or has an 
agent.
    (b) Special Maritime or Territorial Jurisdiction.--If the 
actions giving rise to the claim occurred within the special 
maritime and territorial jurisdiction of the United States, as 
defined in section 7 of this title, then any civil action under 
section 2333 of this title against any person may be instituted 
in the district court of the United States for any district in 
which any plaintiff resides or the defendant resides, is 
served, or has an agent.
    (c) Service on Witnesses.--A witness in a civil action 
brought under section 2333 of this title may be served in any 
other district where the defendant resides, is found, or has an 
agent.
    (d) Convenience of the Forum.--The district court shall not 
dismiss any action brought under section 2333 of this title on 
the grounds of the inconvenience or inappropriateness of the 
forum chosen, unless--
          (1) the action may be maintained in a foreign court 
        that has jurisdiction over the subject matter and over 
        all the defendants;
          (2) that foreign court is significantly more 
        convenient and appropriate; and
          (3) that foreign court offers a remedy which is 
        substantially the same as the one available in the 
        courts of the United States.

Sec. 2335.\24\ Limitation of actions

    (a) In General.--Subject to subsection (b), a suit for 
recovery of damages under section 2333 of this title shall not 
be maintained unless commenced within 4 years after the date 
the cause of action accrued.
    (b) Calculation of Period.--The time of the absence of the 
defendant from the United States or from any jurisdiction in 
which the same or a similar action arising from the same facts 
may be maintained by the plaintiff, or of any concealment of 
the defendant's whereabouts, shall not be included in the 4-
year period set forth in subsection (a).

Sec. 2336.\24\ Other limitations

    (a) Acts of War.--No action shall be maintained under 
section 2333 of this title for injury or loss by reason of an 
act of war.
    (b) Limitation on Discovery.--If a party to an action under 
section 2333 seeks to discover the investigative files of the 
Department of Justice, the Assistant Attorney General, Deputy 
Attorney General, or Attorney General may object on the ground 
that compliance will interfere with a criminal investigation or 
prosecution of the incident, or a national security operation 
related to the incident, which is the subject of the civil 
litigation. The court shall evaluate any such objections in 
camera and shall stay the discovery if the court finds that 
granting the discovery request will substantially interfere 
with a criminal investigation or prosecution of the incident or 
a national security operation related to the incident. The 
court shall consider the likelihood of criminal prosecution by 
the Government and other factors it deems to be appropriate. A 
stay of discovery under this subsection shall constitute a bar 
to the granting of a motion to dismiss under rules 12(b)(6) and 
56 of the Federal Rules of Civil Procedure. If the court grants 
a stay of discovery under this subsection, it may stay the 
action in the interests of justice.
    (c) Stay of Action for Civil Remedies.--(1) The Attorney 
General may intervene in any civil action brought under section 
2333 for the purpose of seeking a stay of the civil action. A 
stay shall be granted if the court finds that the continuation 
of the civil action will substantially interfere with a 
criminal prosecution which involves the same subject matter and 
in which an indictment has been returned, or interfere with 
national security operations related to the terrorist incident 
that is the subject of the civil action. A stay may be granted 
for up to 6 months. The Attorney General may petition the court 
for an extension of the stay for additional 6-month periods 
until the criminal prosecution is completed or dismissed.
    (2) In a proceeding under this subsection, the Attorney 
General may request that any order issued by the court for 
release to the parties and the public omit any reference to the 
basis on which the stay was sought.

Sec. 2337.\24\ Suits against Government officials

    No action shall be maintained under section 2333 of this 
title against--
          (1) the United States, an agency of the United 
        States, or an officer or employee of the United States 
        or any agency thereof acting within his or her official 
        capacity or under color of legal authority; or
          (2) a foreign state, an agency of a foreign state, or 
        an officer or employee of a foreign state or an agency 
        thereof acting within his or her official capacity or 
        under color of legal authority.

Sec. 2338.\24\ Exclusive Federal jurisdiction

    The district courts of the United States shall have 
exclusive jurisdiction over an action brought under this 
chapter.

Sec. 2339A.\39\ Providing material support to terrorists

    (a) Offense.--Whoever, within the United States, provides 
material support or resources or conceals or disguises the 
nature, location, source, or ownership of material support or 
resources, knowing or intending that they are to be used in 
preparation for, or in carrying out, a violation of section 32, 
37, 81, 175, 351, 831, 842 (m) or (n), 844 (f) or (i), 930(c), 
956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 1992, 
2155, 2156, 2280, 2281, 2332, 2332a, 2332b, 2332c, or 2340A of 
this title or section 46502 of title 49, or in preparation for, 
or in carrying out, the concealment or an escape from the 
commission of any such violation, shall be fined under this 
title, imprisoned not more than 10 years, or both.
---------------------------------------------------------------------------
    \39\ No sec. 2339 is enacted. Sec. 2339A was added by sec. 
120005(a) of Public Law 103-322 (108 Stat. 2022), and amended and 
restated by sec. 323 of Public Law 104-132 (110 Stat. 1255).
---------------------------------------------------------------------------
    (b) Definition.--In this section, the term ``material 
support or resources'' means currency or other financial 
securities, financial services, lodging, training, safehouses, 
false documentation or identification, communications 
equipment, facilities, weapons, lethal substances, explosives, 
personnel, transportation, and other physical assets, except 
medicine or religious materials.

Sec. 2339B.\40\ Providing material support or resources to designated 
                    foreign terrorist organizations
    (a) Prohibited Activities.--
---------------------------------------------------------------------------
    \40\ Sec. 303(a) of Public Law 104-132 (110 Stat. 1250) added sec. 
2339B.
---------------------------------------------------------------------------
          (1) Unlawful conduct.--Whoever, within the United 
        States or subject to the jurisdiction of the United 
        States, knowingly provides material support or 
        resources to a foreign terrorist organization, or 
        attempts or conspires to do so, shall be fined under 
        this title or imprisoned not more than 10 years, or 
        both.
          (2) Financial institutions.--Except as authorized by 
        the Secretary, any financial institution that becomes 
        aware that it has possession of, or control over, any 
        funds in which a foreign terrorist organization, or its 
        agent, has an interest, shall--
                  (A) retain possession of, or maintain control 
                over, such funds; and
                  (B) report to the Secretary the existence of 
                such funds in accordance with regulations 
                issued by the Secretary.
  (b) Civil Penalty.--Any financial institution that knowingly 
fails to comply with subsection (a)(2) shall be subject to a 
civil penalty in an amount that is the greater of--
                  (A) $50,000 per violation; or
                  (B) twice the amount of which the financial 
                institution was required under subsection 
                (a)(2) to retain possession or control.
  (c) Injunction.--Whenever it appears to the Secretary or the 
Attorney General that any person is engaged in, or is about to 
engage in, any act that constitutes, or would constitute, a 
violation of this section, the Attorney General may initiate 
civil action in a district court of the United States to enjoin 
such violation.
  (d) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section.
  (e) Investigations.--
          (1) In general.--The Attorney General shall conduct 
        any investigation of a possible violation of this 
        section, or of any license, order, or regulation issued 
        pursuant to this section.
          (2) Coordination with the department of the 
        treasury.--The Attorney General shall work in 
        coordination with the Secretary in investigations 
        relating to--
                  (A) the compliance or noncompliance by a 
                financial institution with the requirements of 
                subsection (a)(2); and
                  (B) civil penalty proceedings authorized 
                under subsection (b).
          (3) Referral.--Any evidence of a criminal violation 
        of this section arising in the course of an 
        investigation by the Secretary or any other Federal 
        agency shall be referred immediately to the Attorney 
        General for further investigation. The Attorney General 
        shall timely notify the Secretary of any action taken 
        on referrals from the Secretary, and may refer 
        investigations to the Secretary for remedial licensing 
        or civil penalty action.
  (f) Classified Information in Civil Proceedings Brought by 
the United States.--
          (1) Discovery of classified information by 
        defendants.--
                  (A) Request by united states.--In any civil 
                proceeding under this section, upon request 
                made ex parte and in writing by the United 
                States, a court, upon a sufficient showing, may 
                authorize the United States to--
                          (i) redact specified items of 
                        classified information from documents 
                        to be introduced into evidence or made 
                        available to the defendant through 
                        discovery under the Federal Rules of 
                        Civil Procedure;
                          (ii) substitute a summary of the 
                        information for such classified 
                        documents; or
                          (iii) substitute a statement 
                        admitting relevant facts that the 
                        classified information would tend to 
                        prove.
                  (B) Order granting request.--If the court 
                enters an order granting a request under this 
                paragraph, the entire text of the documents to 
                which the request relates shall be sealed and 
                preserved in the records of the court to be 
                made available to the appellate court in the 
                event of an appeal.
                  (C) Denial of request.--If the court enters 
                an order denying a request of the United States 
                under this paragraph, the United States may 
                take an immediate, interlocutory appeal in 
                accordance with paragraph (5). For purposes of 
                such an appeal, the entire text of the 
                documents to which the request relates, 
                together with any transcripts of arguments made 
                ex parte to the court in connection therewith, 
                shall be maintained under seal and delivered to 
                the appellate court.
          (2) Introduction of classified information; 
        precautions by court.--
                  (A) Exhibits.--To prevent unnecessary or 
                inadvertent disclosure of classified 
                information in a civil proceeding brought by 
                the United States under this section, the 
                United States may petition the court ex parte 
                to admit, in lieu of classified writings, 
                recordings, or photographs, one or more of the 
                following:
                          (i) Copies of items from which 
                        classified information has been 
                        redacted.
                          (ii) Stipulations admitting relevant 
                        facts that specific classified 
                        information would tend to prove.
                          (iii) A declassified summary of the 
                        specific classified information.
                  (B) Determination by court.--The court shall 
                grant a request under this paragraph if the 
                court finds that the redacted item, 
                stipulation, or summary is sufficient to allow 
                the defendant to prepare a defense.
          (3) Taking of trial testimony.--
                  (A) Objection.--During the examination of a 
                witness in any civil proceeding brought by the 
                United States under this subsection, the United 
                States may object to any question or line of 
                inquiry that may require the witness to 
                disclose classified information not previously 
                found to be admissible.
                  (B) Action by court.--In determining whether 
                a response is admissible, the court shall take 
                precautions to guard against the compromise of 
                any classified information, including--
                          (i) permitting the United States to 
                        provide the court, ex parte, with a 
                        proffer of the witness's response to 
                        the question or line of inquiry; and
                          (ii) requiring the defendant to 
                        provide the court with a proffer of the 
                        nature of the information that the 
                        defendant seeks to elicit.
                  (C) Obligation of defendant.--In any civil 
                proceeding under this section, it shall be the 
                defendant's obligation to establish the 
                relevance and materiality of any classified 
                information sought to be introduced.
          (4) Appeal.--If the court enters an order denying a 
        request of the United States under this subsection, the 
        United States may take an immediate interlocutory 
        appeal in accordance with paragraph (5).
          (5) Interlocutory appeal.--
                  (A) Subject of appeal.--An interlocutory 
                appeal by the United States shall lie to a 
                court of appeals from a decision or order of a 
                district court--
                          (i) authorizing the disclosure of 
                        classified information;
                          (ii) imposing sanctions for 
                        nondisclosure of classified 
                        information; or
                          (iii) refusing a protective order 
                        sought by the United States to prevent 
                        the disclosure of classified 
                        information.
                  (B) Expedited consideration.--
                          (i) In general.--An appeal taken 
                        pursuant to this paragraph, either 
                        before or during trial, shall be 
                        expedited by the court of appeals.
                          (ii) Appeals prior to trial.--If an 
                        appeal is of an order made prior to 
                        trial, an appeal shall be taken not 
                        later than 10 days after the decision 
                        or order appealed from, and the trial 
                        shall not commence until the appeal is 
                        resolved.
                          (iii) Appeals during trial.--If an 
                        appeal is taken during trial, the trial 
                        court shall adjourn the trial until the 
                        appeal is resolved, and the court of 
                        appeals--
                                  (I) shall hear argument on 
                                such appeal not later than 4 
                                days after the adjournment of 
                                the trial;
                                  (II) may dispense with 
                                written briefs other than the 
                                supporting materials previously 
                                submitted to the trial court;
                                  (III) shall render its 
                                decision not later than 4 days 
                                after argument on appeal; and
                                  (IV) may dispense with the 
                                issuance of a written opinion 
                                in rendering its decision.
                  (C) Effect of ruling.--An interlocutory 
                appeal and decision shall not affect the right 
                of the defendant, in a subsequent appeal from a 
                final judgment, to claim as error reversal by 
                the trial court on remand of a ruling appealed 
                from during trial.
          (6) Construction.--Nothing in this subsection shall 
        prevent the United States from seeking protective 
        orders or asserting privileges ordinarily available to 
        the United States to protect against the disclosure of 
        classified information, including the invocation of the 
        military and State secrets privilege.
  (g) Definitions.--As used in this section--
          (1) the term ``classified information'' has the 
        meaning given that term in section 1(a) of the 
        Classified Information Procedures Act (18 U.S.C. App.);
          (2) the term ``financial institution'' has the same 
        meaning as in section 5312(a)(2) of title 31, United 
        States Code;
          (3) the term ``funds'' includes coin or currency of 
        the United States or any other country, traveler's 
        checks, personal checks, bank checks, money orders, 
        stocks, bonds, debentures, drafts, letters of credit, 
        any other negotiable instrument, and any electronic 
        representation of any of the foregoing;
          (4) the term ``material support or resources'' has 
        the same meaning as in section 2339A;
          (5) the term ``Secretary'' means the Secretary of the 
        Treasury; and
          (6) the term ``terrorist organization'' means an 
        organization designated as a terrorist organization 
        under section 219 of the Immigration and Nationality 
        Act.

                      PART II--CRIMINAL PROCEDURE

  CHAPTER 204--REWARDS FOR INFORMATION CONCERNING TERRORIST ACTS AND 
                               ESPIONAGE

Sec. 3071. Information for which rewards authorized
    (a) With respect to acts of terrorism primarily within the 
territorial jurisdiction of the United States, the Attorney 
General may reward any individual who furnishes information--
          (1) leading to the arrest or conviction, in any 
        country, of any individual or individuals for the 
        commission of an act of terrorism against a United 
        States person or United States property; or
          (2) leading to the arrest or conviction, in any 
        country, of any individual or individuals for 
        conspiring or attempting to commit an act of terrorism 
        against a United States person or property; or
          (3) leading to the prevention, frustration, or 
        favorable resolution of an act of terrorism against a 
        United States person or property.
    (b) With respect to acts of espionage involving or directed 
at the United States, the Attorney General may reward any 
individual who furnished information--
          (1) leading to the arrest or conviction, in any 
        country, of any individual or individuals for 
        commission of an act of espionage against the United 
        States;
          (2) leading to arrest or conviction, in any country, 
        of any individual or individuals for conspiring or 
        attempting to commit an act of espionage against the 
        United States; or
          (3) leading to the prevention or frustration of an 
        act of espionage against the United States.

Sec. 3072. Determination of entitlement; maximum amount; Presidential 
                    approval; conclusiveness
    The Attorney General shall determine whether an individual 
furnishing information described in section 3071 is entitled to 
a reward and the amount to be paid. A reward under this section 
may be in an amount not to exceed $500,000. A reward of 
$100,000 or more may not be made without the approval of the 
President or the Attorney General personally. A determination 
made by the Attorney General or the President under this 
chapter shall be final and conclusive, and no court shall have 
power or jurisdiction to review it.

Sec. 3073. Protection of identity
    Any reward granted under this chapter shall be certified 
for payment by the Attorney General. If it is determined that 
the identity of the recipient of a reward or of the members of 
the recipient's immediate family must be protected, the 
Attorney General may take such measures in connection with the 
payment of the reward as deemed necessary to effect such 
protection.

Sec. 3074. Exception of governmental officials
    No officer or employee of any governmental entity who, 
while in the performance of his or her official duties, 
furnishes the information described in section 3071 shall be 
eligible for any monetary reward under this chapter.

Sec. 3075. Authorization for appropriations
    There are authorized to be appropriated, without fiscal 
year limitation, $5,000,000 for the purpose of this chapter.

Sec. 3076. Eligibility for witness security program
    Any individual (and the immediate family of such 
individual) who furnishes information which would justify a 
reward by the Attorney General under this chapter or by the 
Secretary of State under section 36 of the State Department 
Basic Authorities Act of 1956 may, in the discretion of the 
Attorney General, participate in the Attorney General's witness 
security program authorized under chapter 224 of this title.

Sec. 3077. Definitions
    As used in this chapter, the term--
          (1) ``act of terrorism'' means an activity that--
                  (A) involves a violent act or an act 
                dangerous to human life that is a violation of 
                the criminal laws of the United States or of 
                any State, or that would be a criminal 
                violation if committed within the jurisdiction 
                of the United States; and
                  (B) appears to be intended--
                          (i) to intimidate or coerce a 
                        civilian population;
                          (ii) to influence the policy of a 
                        government by intimidation or coercion; 
                        or
                          (iii) to affect the conduct of a 
                        government by assassination or 
                        kidnapping;
          (2) ``United States person'' means--
                  (A) a national of the United States as 
                defined in section 101(a)(22) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(22));
                  (B) an alien lawfully admitted for permanent 
                residence in the United States as defined in 
                section 101(a)(20) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(20));
                  (C) any person within the United States;
                  (D) any employee or contractor of the United 
                States Government, regardless of nationality, 
                who is the victim or intended victim of an act 
                of terrorism by virtue of that employment;
                  (E) a sole proprietorship, partnership, 
                company, or association composed principally of 
                nationals or permanent resident aliens of the 
                United States; and
                  (F) a corporation organized under the laws of 
                the United States, any State, the District of 
                Columbia, or any territory or possession of the 
                United States, and a foreign subsidiary of such 
                corporation;
          (3) ``United States property'' means any real or 
        personal property which is within the United States or, 
        if outside the United States, the actual or beneficial 
        ownership of which rests in a United States person or 
        any Federal or State governmental entity of the United 
        States;
          (4) ``United States'', when used in a geographical 
        sense, includes Puerto Rico and all territories and 
        possessions of the United States;
          (5) ``State'' includes any State of the United 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, and any other possession or territory of 
        the United States;
          (6) ``government entity'' includes the Government of 
        the United States, any State or political subdivision 
        thereof, any foreign country, and any state, 
        provincial, municipal, or other political subdivision 
        of a foreign country;
          (7) ``Attorney General'' means the Attorney General 
        of the United States or that official designated by the 
        Attorney General to perform the Attorney General's 
        responsibilities under this chapter; and
          (8) ``act of espionage'' means an activity that is a 
        violation of--
                  (A) section 793, 794, or 798 of this title; 
                or
                  (B) section 4 of the Subversive Activities 
                Control Act of 1950.

                        CHAPTER 213--LIMITATIONS

Sec. 3286. Extension of statute of limitation for certain terrorism 
                    offenses.
    Notwithstanding section 3282, no person shall be 
prosecuted, tried, or punished for any offense involving a 
violation of section 32 (aircraft destruction), section 36 \41\ 
(airport violence), section 112 (assaults upon diplomats), 
section 351 (crimes against Congressmen or Cabinet officers), 
section 1116 (crimes against diplomats), section 1203 (hostage 
taking), section 1361 (willful injury to government property), 
section 1751 (crimes against the President), section 2280 
(maritime violence), section 2281 (maritime platform violence), 
section 2331 (terrorist acts abroad against United States 
nationals), section 2339 \42\ (use of weapons of mass 
destruction), or section 2340A (torture) of this title or 
section 46502, 46504, 46505, or 46506 of title 49, unless the 
indictment is found or the information is instituted within 8 
years after the offense was committed.
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    \41\ So in original. Probably should be section ``37''.
    \42\ So in original. Probably should be section ``2332a''.
---------------------------------------------------------------------------

Sec. 3291. Nationality, citizenship and passports.
    No person shall be prosecuted, tried, or punished for 
violation of any provision of sections 1423 to 1428, inclusive, 
of chapter 69 and sections 1541 to 1544, inclusive, of chapter 
75 of title 18 of the United States Code, or for conspiracy to 
violate any of such sections, unless the indictment is found or 
the information is instituted within ten years after the 
commission of the offense.

           *       *       *       *       *       *       *


                      CHAPTER 228--DEATH SENTENCE

Sec. 3592. Mitigating and aggravating factors to be considered in 
                    determining whether a sentence of death is 
                    justified
    (a) Mitigating Factors.--In determining whether a sentence 
of death is to be imposed on a defendant, the finder of fact 
shall consider any mitigating factor, including the following:
          (1) Impaired capacity.--The defendant's capacity to 
        appreciate the wrongfulness of the defendant's conduct 
        or to conform conduct to the requirements of law was 
        significantly impaired, regardless of whether the 
        capacity was so impaired as to constitute a defense to 
        the charge.
          (2) Duress.--The defendant was under unusual and 
        substantial duress, regardless of whether the duress 
        was of such a degree as to constitute a defense to the 
        charge.
          (3) Minor participation.--The defendant is punishable 
        as a principal in the offense, which was committed by 
        another, but the defendant's participation was 
        relatively minor, regardless of whether the 
        participation was so minor as to constitute a defense 
        to the charge.
          (4) Equally culpable defendants.--Another defendant 
        or defendants, equally culpable in the crime, will not 
        be punished by death.
          (5) No prior criminal record.--The defendant did not 
        have a significant prior history of other criminal 
        conduct.
          (6) Disturbance.--The defendant committed the offense 
        under severe mental or emotional disturbance.
          (7) Victim's consent.--The victim consented to the 
        criminal conduct that resulted in the victim's death.
          (8) Other factors.--Other factors in the defendant's 
        background, record, or character or any other 
        circumstance of the offense that mitigate against 
        imposition of the death sentence.
    (b) Aggravating Factors for Espionage and Treason.--In 
determining whether a sentence of death is justified for an 
offense described in section 3591(a)(1), the jury, or if there 
is no jury, the court, shall consider each of the following 
aggravating factors for which notice has been given and 
determine which, if any, exist:
          (1) Prior espionage or treason offense.--The 
        defendant has previously been convicted of another 
        offense involving espionage or treason for which a 
        sentence of either life imprisonment or death was 
        authorized by law.
          (2) Grave risk to national security.--In the 
        commission of the offense the defendant knowingly 
        created a grave risk of substantial danger to the 
        national security.
          (3) Grave risk of death.--In the commission of the 
        offense the defendant knowingly created a grave risk of 
        death to another person.
The jury, or if there is no jury, the court, may consider 
whether any other aggravating factor for which notice has been 
given exists.
    (c) Aggravating Factors for Homicide.--In determining 
whether a sentence of death is justified for an offense 
described in section 3591(a)(2), the jury, or if there is no 
jury, the court, shall consider each of the following 
aggravating factors for which notice has been given and 
determine which, if any, exist:
          (1) Death during commission of another crime.--The 
        death, or injury resulting in death, occurred during 
        the commission or attempted commission of, or during 
        the immediate flight from the commission of, an offense 
        under section 32 (destruction of aircraft or aircraft 
        facilities), section 33 (destruction of motor vehicles 
        or motor vehicle facilities), section 36 \43\ (violence 
        at international airports), section 351 (violence 
        against Members of Congress, Cabinet officers, or 
        Supreme Court Justices), an offense under section 751 
        (prisoners in custody of institution or officer), 
        section 794 (gathering or delivering defense 
        information to aid foreign government), section 844(d) 
        (transportation of explosives in interstate commerce 
        for certain purposes), section 844(f) (destruction of 
        Government property by explosives), section 1118 
        (prisoners serving life term), section 1201 
        (kidnapping), section 844(i) (destruction of property 
        affecting interstate commerce by explosives), section 
        1116 (killing or attempted killing of diplomats), 
        section 1203 (hostage taking), section 1992 (wrecking 
        trains), section 2280 (maritime violence), section 2281 
        (maritime platform violence), section 2332 (terrorist 
        acts abroad against United States nationals), section 
        2339 \44\ (use of weapons of mass destruction), or 
        section 2381 (treason) of this title, or section 46502 
        of title 49, United States Code (aircraft piracy).
---------------------------------------------------------------------------
    \43\ So in original. Probably should be section ``37''.
    \44\ So in original. Probably should be section ``2332a''.
---------------------------------------------------------------------------
          (2) Previous conviction of violent felony involving 
        firearm.--For any offense, other than an offense for 
        which a sentence of death is sought on the basis of 
        section 924(c), the defendant has previously been 
        convicted of a Federal or State offense punishable by a 
        term of imprisonment of more than 1 year, involving the 
        use or attempted or threatened use of a firearm (as 
        defined in section 921) against another person.
          (3) Previous conviction of offense for which a 
        sentence of death or life imprisonment was 
        authorized.--The defendant has previously been 
        convicted of another Federal or State offense resulting 
        in the death of a person, for which a sentence of life 
        imprisonment or a sentence of death was authorized by 
        statute.
          (4) Previous conviction of other serious offenses.--
        The defendant has previously been convicted of 2 or 
        more Federal or State offenses, punishable by a term of 
        imprisonment of more than 1 year, committed on 
        different occasions, involving the infliction of, or 
        attempted infliction of, serious bodily injury or death 
        upon another person.
          (5) Grave risk of death to additional persons.--The 
        defendant, in the commission of the offense, or in 
        escaping apprehension for the violation of the offense, 
        knowingly created a grave risk of death to 1 or more 
        persons in addition to the victim of the offense.
          (6) Heinous, cruel, or depraved manner of committing 
        offense.--The defendant committed the offense in an 
        especially heinous, cruel, or depraved manner in that 
        it involved torture or serious physical abuse to the 
        victim.
          (7) Procurement of offense by payment.--The defendant 
        procured the commission of the offense by payment, or 
        promise of payment, of anything of pecuniary value.
          (8) Pecuniary gain.--The defendant committed the 
        offense as consideration for the receipt, or in the 
        expectation of the receipt, of anything of pecuniary 
        value.
          (9) Substantial planning and premeditation.--The 
        defendant committed the offense after substantial 
        planning and premeditation to cause the death of a 
        person or commit an act of terrorism.
          (10) Conviction for two felony drug offenses.--The 
        defendant has previously been convicted of 2 or more 
        State or Federal offenses punishable by a term of 
        imprisonment of more than one year, committed on 
        different occasions, involving the distribution of a 
        controlled substance.
          (11) Vulnerability of victim.--The victim was 
        particularly vulnerable due to old age, youth, or 
        infirmity.
          (12) Conviction for serious federal drug offenses.--
        The defendant had previously been convicted of 
        violating title II or III of the Controlled Substances 
        Act for which a sentence of 5 or more years may be 
        imposed or had previously been convicted of engaging in 
        a continuing criminal enterprise.
          (13) Continuing criminal enterprise involving drug 
        sales to minors.--The defendant committed the offense 
        in the course of engaging in a continuing criminal 
        enterprise in violation of section 408(c) of the 
        Controlled Substances Act (21 U.S.C. 848(c)), and that 
        violation involved the distribution of drugs to persons 
        under the age of 21 in violation of section 418 of that 
        Act (21 U.S.C. 859).
          (14) High public officials.--The defendant committed 
        the offense against--
                  (A) the President of the United States, the 
                President-elect, the Vice President, the Vice 
                President-elect, the Vice President-designate, 
                or, if there is no Vice President, the officer 
                next in order of succession to the office of 
                the President of the United States, or any 
                person who is acting as President under the 
                Constitution and laws of the United States;
                  (B) a chief of state, head of government, or 
                the political equivalent, of a foreign nation;
                  (C) a foreign official listed in section 
                1116(b)(3)(A), if the official is in the United 
                States on official business; or
                  (D) a Federal public servant who is a judge, 
                a law enforcement officer, or an employee of a 
                United States penal or correctional 
                institution--
                          (i) while he or she is engaged in the 
                        performance of his or her official 
                        duties;
                          (ii) because of the performance of 
                        his or her official duties; or
                          (iii) because of his or her status as 
                        a public servant.
        For purposes of this subparagraph, a ``law enforcement 
        officer'' is a public servant authorized by law or by a 
        Government agency or Congress to conduct or engage in 
        the prevention, investigation, or prosecution or 
        adjudication of an offense, and includes those engaged 
        in corrections, parole, or probation functions.

           *       *       *       *       *       *       *

The jury, or if there is no jury, the court, may consider 
whether any other aggravating factor for which notice has been 
given exists.

           *       *       *       *       *       *       *


        4. Violent Crime Control and Law Enforcement Act of 1994

Partial text of Title XII of Public Law 103-322 [H.R. 3355], 108 Stat. 
     1796 at 1959, 1975 and following, approved September 13, 1994

                  AN ACT To control and prevent crime.

    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 'Violent Crime Control and Law 
Enforcement Act of 1994'.

           *       *       *       *       *       *       *


TITLE XII--TERRORISM

           *       *       *       *       *       *       *


SEC. 120004. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES.

  The United States Sentencing Commission is directed to amend 
its sentencing guidelines to provide an appropriate enhancement 
for any felony, whether committed within or outside the United 
States, that involves or is intended to promote international 
terrorism, unless such involvement or intent is itself an 
element of the crime.

 5. Act for the Protection of Foreign Officials and Official Guests of 
                           the United States

Partial text of Public Law 92-539 [H.R. 15883], 86 Stat. 1070, approved 
                            October 24, 1972

 AN ACT To amend title 18, United States Code, to provide for expanded 
        protection of foreign officials, and for other purposes.

_______________________________________________________________________


          Note.--Sections 112, 970, 1117, and 1201 of 18 U.S.C. 
        which were enacted by this Act can be found in Section 
        C.3.

_______________________________________________________________________


    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act maybe cited as the ``Act for the Protection of Foreign 
Officials and Official Guests of the United States''.
    Sec. 2. The Congress recognizes that from the beginning of 
our history as a nation, the police power to investigate, 
prosecute, and punish common crimes such as murder, kidnapping, 
and assault has resided in the several States, and that such 
power should remain with the States.
  The Congress finds, however, that harassment, intimidation, 
obstruction, coercion, and acts of violence committed against 
foreign officials or their family members in the United States 
or against official guests of the United States adversely 
affect the foreign relations of the United States.
  Accordingly, this legislation is intended to afford the 
United States jurisdiction concurrent with that of the several 
States to proceed against those who by such acts interfere with 
its conduct of foreign affairs.

           *       *       *       *       *       *       *


        6. Anti-Terrorism and Arms Export Amendments Act of 1989

  Public Law 101-222 [H.R. 91], 103 Stat. 1892, approved December 12, 
                                  1989

     AN ACT To prohibit exports of military equipment to countries 
      supporting international terrorism, and for other purposes.

_______________________________________________________________________


          Note.--The Anti-Terrorism and Arms Export Amendments 
        Act of 1989 consists of amendments to the Arms Export 
        Control Act, the Foreign Assistance Act of 1961, the 
        Export Administration Act, and the Revised Statutes of 
        the United States (22 U.S.C. 1732), except for sec. 10 
        which provides as follows.

_______________________________________________________________________


SEC. 10.\1\ SELF-DEFENSE IN ACCORDANCE WITH INTERNATIONAL LAW.

    The use by any government of armed force in the exercise of 
individual or collective self-defense in accordance with 
applicable international agreements and customary international 
law shall not be considered an act of international terrorism 
for purposes of the amendments made by this Act.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2371 note.

            7. Biological Weapons Anti-Terrorism Act of 1989

 Partial text Public Law 101-298 [S. 993] 104 Stat. 201, approved May 
                                22, 1990

     AN ACT To implement the Convention on the Prohibition of the 
      Development, Production, and Stockpiling of Bacteriological 
 (Biological) and Toxin Weapons and Their Destruction, by prohibiting 
certain conduct relating to biological weapons, 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.\1\

    This Act may be cited as the `Biological Weapons Anti-
Terrorism Act of 1989'.
---------------------------------------------------------------------------
    \1\ 18 U.S.C. 175 note.
---------------------------------------------------------------------------

SEC. 2. PURPOSE AND INTENT.\2\

    (a) Purpose.--The purpose of this Act is to--
---------------------------------------------------------------------------
    \2\ 18 U.S.C. 175 note.
---------------------------------------------------------------------------
          (1) implement the Biological Weapons Convention, an 
        international agreement unanimously ratified by the 
        United States Senate in 1974 and signed by more than 
        100 other nations, including the Soviet Union; and
          (2) protect the United States against the threat of 
        biological terrorism.
    (b) Intent of Act.--Nothing in this Act is intended to 
restrain or restrict peaceful scientific research or 
development.

SEC. 3. TITLE 18 AMENDMENTS.\3\

    In General.--Title 18, United States Code, is amended by 
inserting after chapter 9 the following:
---------------------------------------------------------------------------
    \3\ The Biological Weapons Anti-Terrorism Act of 1989, as amended, 
enacted a new chapter 10 to 18 U.S.C. relating to biological weapons 
and to implement the Biological Weapons Convention. The text of this 
chapter can be found in Section C.3.

           *       *       *       *       *       *       *


             8. 1984 Act to Combat International Terrorism

  Public Law 98-533 [H.R. 6311], 98 Stat. 2706, approved October 19, 
                            1984, as amended

               AN ACT To combat international terrorism.

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

                              short title

    Section 1. This Act may be cited as the ``1984 Act to 
Combat International Terrorism''.

      TITLE I--REWARDS FOR INFORMATION ON INTERNATIONAL TERRORISM

                   authority of the attorney general

    Sec. 101.\1\ (a) Title 18 of the United States Code is 
amended by adding the following new chapter after chapter 203:
---------------------------------------------------------------------------
    \1\ Sec. 101 enacted a new chapter 204 to 18 U.S.C. relating to 
rewards for information concerining terrorist acts. The text of this 
chapter can be found in Section C.3.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

                  TITLE II--INTERNATIONAL COOPERATION

        increasing international cooperation to combat terrorism

    Sec. 201. (a) The President is urged to seek more effective 
international cooperation in combatting international 
terrorism, including--
          (1) severe punishment for acts of terrorism, which 
        endanger the lives of diplomatic staff, military 
        personnel, other government personnel, or private 
        citizens; and
          (2) extradition of all terrorists and their 
        accomplices to the country where the terrorist incident 
        occurred or whose citizens were victims of the 
        incident.
    (b) High priority should also be given to negotiations 
leading to the establishment of a permanent international 
working group which would combat international terrorism by--
          (1) promoting international cooperation among 
        countries;
          (2) developing new methods, procedures, and standards 
        to combat international terrorism;
          (3) negotiating agreements for exchanges of 
        information and intelligence and for technical 
        assistance; and
          (4) examining the use of diplomatic immunity and 
        diplomatic facilities to further international 
        terrorism.
This working group should have subgroups or appropriate 
matters, including law enforcement and crisis management.

          TITLE III--SECURITY OF UNITED STATES MISSIONS ABROAD

      advisory panel on security of united states missions abroad

    Sec. 301. In light of continued terrorist incidents and 
given the ever increasing threat of international terrorism 
directed at United States missions and diplomatic personnel 
abroad, the Congress believes that it is imperative that the 
Department of State review its approach to providing security 
against international terrorism. Not later than February 1, 
1985, the Secretary of State shall report to the Committee on 
Foreign Relations of the Senate and the Committee on Foreign 
Affairs \2\ of the House of Representatives on the findings and 
recommendations of the Advisory Panel on Security of United 
States Missions Abroad.
---------------------------------------------------------------------------
    \2\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

         security enhancement at united states missions abroad

    Sec. 302. (a) In addition to amounts otherwise authorized 
to be appropriated, there are authorized to be appropriated, 
without fiscal year limitation--
          (1) $350,963,000 for the Department of State for 
        ``Administration of Foreign Affairs'', and
          (2) $5,315,000 for the United States Information 
        Agency,
which amounts shall be for security enhancement at United 
States missions abroad.
    (b) Not later than February 1, 1985, the Secretary of State 
and the Director of the United States Information Agency shall 
each report to the Committee on Foreign Relations of the Senate 
and the Committee on Foreign Affairs \2\ of the House of 
Representatives on how their respective agencies have allocated 
the funds authorized to be appropriated by this section.

                   state department basic authorities

    Sec. 303.\3\ * * *
---------------------------------------------------------------------------
    \3\ Sec. 303 amended sec. 2 of the State Department Basic 
Authorities Act of 1956.
---------------------------------------------------------------------------

                               danger pay

    Sec. 304. In recognition of the current epidemic of 
worldwide terrorist activity and the courage and sacrifice of 
employees of United States agencies overseas, civilian as well 
as military, it is the sense of Congress that the provisions of 
section 5928 of title 5, United States Code, relating to the 
payment of danger pay allowance, should be more extensively 
utilized at United States missions abroad.

                    9. Foreign Sovereign Immunities

     Title 28, United States Code--Judiciary and Judicial Procedure

               Chapter 85--District Courts; Jurisdiction

Sec. 1330. Actions against foreign states

    (a) The district courts shall have original jurisdiction 
without regard to amount in controversy of any nonjury civil 
action against a foreign state as defined in section 1603(a) of 
this title as to any claim for relief in personae with respect 
to which the foreign state is not entitled to immunity either 
under sections 1605-1607 of this title or under any applicable 
international agreement.
    (b) Personal jurisdiction over a foreign state shall exist 
as to every claim for relief over which the district courts 
have jurisdiction under subsection (a) where service has been 
made under section 1608 of this title.
    (c) For purposes of subsection (b), an appearance by a 
foreign state does not confer personal jurisdiction with 
respect to any claim for relief not arising out of any 
transaction or occurrence enumerated in sections 1605-1607 of 
this title.

           *       *       *       *       *       *       *


        Chapter 97--JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

Sec.
1602. Findings and declaration of purpose.
1603. Definitions.
1604. Immunity of a foreign state from jurisdiction.
1605. General exceptions to the jurisdictional immunity of a foreign 
          state.
1606. Extent of liability.
1607. Counterclaims.
1608. Service; time to answer default.
1609. Immunity from attachment and execution of property of a foreign 
          state.
1610. Exceptions to the immunity from attachment or execution.
1611. Certain types of property immune from execution.

Sec. 1602. Findings and declaration of purpose

    The Congress finds that the determination by United States 
courts of the claims of foreign states to immunity from the 
jurisdiction of such courts would serve the interests of 
justice and would protect the rights of both foreign states and 
litigants in United States courts. Under international law, 
states are not immune from the jurisdiction of foreign courts 
insofar as their commercial activities are concerned, and their 
commercial property may be levied upon for the satisfaction of 
judgments rendered against them in connection with their 
commercial activities. Claims of foreign states to immunity 
should henceforth be decided by courts of the United States and 
of the States in conformity with the principles set forth in 
this chapter.

Sec. 1603. Definitions

    For purposes of this chapter--
          (a) A ``foreign state'', except as used in section 
        1608 of this title, includes a political subdivision of 
        a foreign state or an agency or instrumentality of a 
        foreign state as defined in subsection (b).
          (b) An ``agency or instrumentality of a foreign 
        state'' means any entity--
                  (1) which is a separate legal person, 
                corporate or otherwise, and
                  (2) which is an organ of a foreign state or 
                political subdivision thereof, or a majority of 
                whose shares or other ownership interest is 
                owned by a foreign state or political 
                subdivision thereof, and
                  (3) which is neither a citizen of a State of 
                the United States as defined in section 1332 
                (c) and (d) of this title, nor created under 
                the laws of any third country.
          (c) The ``United States'' includes all territory and 
        waters, continental or insular, subject to the 
        jurisdiction of the United States.
          (d) A ``commercial activity'' means either a regular 
        course of commercial conduct or a particular commercial 
        transaction or act. The commercial character of an 
        activity shall be determined by reference to the nature 
        of the course of conduct or particular transaction or 
        act, rather than by reference to its purpose.
          (e) A ``commercial activity carried on in the United 
        States by a foreign state'' means commercial activity 
        carried on by such state and having substantial contact 
        with the United States.

Sec. 1604. Immunity of a foreign state from jurisdiction

    Subject to existing international agreements to which the 
United States is a party at the time of enactment of this Act a 
foreign state shall be immune from the jurisdiction of the 
courts of the United States and of the States except as 
provided in sections 1605 to 1607 of this chapter.

Sec. 1605.\1\ General exceptions to the jurisdictional immunity of a 
                    foreign state

    (a) A foreign state shall not be immune from the 
jurisdiction of courts of the United States or of the States in 
any case--
---------------------------------------------------------------------------
    \1\ Sec. 589 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of 
Public Law 104-208; 110 Stat. 3009) provided the following:
---------------------------------------------------------------------------

        ``civil liability for acts of state sponsored terrorism
---------------------------------------------------------------------------
    ``Sec. 589. (a) an official, employee, or agent of a foreign state 
designated as a state sponsor of terrorism designated under section 
6(j) of the Export Administration Act of 1979 while acting within the 
scope of his or her office, employment, or agency shall be liable to a 
United States national or the national's legal representative for 
personal injury or death caused by acts of that official, employee, or 
agent for which the courts of the United States may maintain 
jurisdiction under section 1605(a)(7) of title 28, United States Code, 
for money damages which may include economic damages, solatium, pain, 
and suffering, and punitive damages if the acts were among those 
described in section 1605(a)(7).
    ``(b) Provisions related to statute of limitations and limitations 
on discovery that would apply to an action brought under 28 U.S.C. 
1605(f) and (g) shall also apply to actions brought under this section. 
No action shall be maintained under this action if an official, 
employee, or agent of the United States, while acting within the scope 
of his or her office, employment, or agency would not be liable for 
such acts if carried out within the United States.''.
---------------------------------------------------------------------------
          (1) in which the foreign state has waived its 
        immunity either explicitly or by implication, 
        notwithstanding any withdrawal of the waiver which the 
        foreign state may purport to effect except in 
        accordance with the terms of the waiver;
          (2) in which the action is based upon a commercial 
        activity carried on in the United States by the foreign 
        state; or upon an act performed in the United States in 
        connection with a commercial activity of the foreign 
        state elsewhere; or upon an act outside the territory 
        of the United States in connection with a commercial 
        activity of the foreign state elsewhere and that act 
        causes a direct effect in the United States;
          (3) in which rights in property taken in violation of 
        international law are in issue and the property or any 
        property exchanged for such property is present in the 
        United States in connection with a commercial activity 
        carried on in the United States by the foreign state; 
        or that property or any property exchanged for such 
        property is owned or operated by an agency or 
        instrumentality of the foreign state and that agency or 
        instrumentality is engaged in a commercial activity in 
        the United States;
          (4) in which rights in property in the United States 
        acquired by succession or gift or rights in immovable 
        property situated in the United States are in issue;
          (5) not otherwise encompassed in paragraph (2) above, 
        in which money damages are sought against a foreign 
        state for personal injury or death, or damage to or 
        loss of property, occurring in the United States and 
        caused by the tortious act or omission of that foreign 
        state or of any official or employee of that foreign 
        state while acting within the scope of his office or 
        employment; except this paragraph shall not apply to--
                  (A) any claim based upon the exercise on 
                performance or the failure to exercise or 
                perform a discretionary function regardless of 
                whether the discretion be abused, or
                  (B) any claim arising out of malicious 
                prosecution, abuse of process, libel, slander, 
                misrepresentation, deceit, or interference with 
                contract rights;
          (6) in which the action is brought, either to enforce 
        an agreement made by the foreign state with or for the 
        benefit of a private party to submit to arbitration all 
        or any difference which have arisen or which may arise 
        between the parties with respect to a defined legal 
        relationship, whether contractual or not, concerning a 
        subject matter capable of settlement by arbitration 
        under the laws of the United States, or to confirm an 
        award made pursuant to such an agreement to arbitrate, 
        if (A) the arbitration takes place or is intended to 
        take place in the United States, (B) the agreement or 
        award is or may be governed by a treaty or other 
        international agreement in force for the United States 
        calling for the recognition and enforcement of arbitral 
        awards, (C) the underlying claim, save for the 
        agreement to arbitrate, could have been brought in a 
        United States court under this section or section 1607, 
        or (D) paragraph (1) of this subsection is otherwise 
        applicable; or
          (7) not otherwise covered by paragraph (2), in which 
        money damages are sought against a foreign state for 
        personal injury or death that was caused by an act of 
        torture, extrajudicial killing, aircraft sabotage, 
        hostage taking, or the provision of material support or 
        resources (as defined in section 2339A of title 18) for 
        such an act if such act or provision of material 
        support is engaged in by an official, employee, or 
        agent of such foreign state while acting within the 
        scope of his or her office, employment, or agency, 
        except that the court shall decline to hear a claim 
        under this paragraph--
                  (A) if the foreign state was not designated 
                as a state sponsor of terrorism under section 
                6(j) of the Export Administration Act of 1979 
                (50 U.S.C. App. 2405(j)) or section 620A of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2371) 
                at the time the act occurred, unless later so 
                designated as a result of such act; and
                  (B) even if the foreign state is or was so 
                designated, if--
                          (i) the act occurred in the foreign 
                        state against which the claim has been 
                        brought and the claimant has not 
                        afforded the foreign state a reasonable 
                        opportunity to arbitrate the claim in 
                        accordance with accepted international 
                        rules of arbitration; or
                          (ii) neither the claimant nor the 
                        victim was \2\ a national of the United 
                        States (as that term is defined in 
                        section 101(a)(22) of the Immigration 
                        and Nationality Act) when the act upon 
                        which the claim is based occurred.
---------------------------------------------------------------------------
    \2\ Public Law 105-11 (111 Stat. 22) inserted ``neither the 
claimant nor the victim was'' in lieu of ``the claimant or victim was 
not'' at this point.
---------------------------------------------------------------------------
    (b) A foreign state shall not be immune from the 
jurisdiction of the courts of the United States in any case in 
which a suit in admiralty is brought to enforce a maritime lien 
against a vessel or cargo of the foreign state, which maritime 
lien is based upon a commercial activity of the foreign state: 
Provided, That--
          (1) notice of the suit is given by delivery of a copy 
        of the summons and of the complaint to the person, or 
        his agent, having possession of the vessel or cargo 
        against which the maritime lien is asserted; and if the 
        vessel or cargo is arrested pursuant to process 
        obtained on behalf of the party bringing the suit, the 
        service of process of arrest shall be deemed to 
        constitute valid delivery of such notice, but the party 
        bringing the suit shall be liable for any damages 
        sustained by the foreign state as a result of the 
        arrest if the party bringing the suit had actual or 
        constructive knowledge that the vessel or cargo of a 
        foreign state was involved; and \3\
---------------------------------------------------------------------------
    \3\ Sec. 1(1) of Public Law 100-640 (102 Stat. 3333) inserted text 
to this point from the semicolon, and struck out the following: ``but 
such notice shall not be deemed to have been delivered, nor may it 
thereafter be delivered, if the vessel or cargo is arrested pursuant to 
process obtained on behalf of the party bringing the suit--unless the 
party was unaware that the vessel or cargo of a foreign state was 
involved, in which event the service of process of arrest shall be 
deemed to constitute valid delivery of such notice; and''.
---------------------------------------------------------------------------
          (2) notice to the foreign state of the commencement 
        of suit as provided in section 1608 of this title is 
        initiated within ten days either of the delivery of 
        notice as provided in paragraph (1) of this subsection 
        or, in the case of a party who was unaware that the 
        vessel or cargo of a foreign state was involved, of the 
        date such party determined the existence of the foreign 
        state's interest.
    (c) Whenever notices is delivered under subsection (b)(1), 
the suit to enforce a maritime lien shall be thereafter proceed 
and shall be heard and determined according to the principles 
of law and rules of practice of suits in rem whenever it 
appears that, had the vessel been privately owned and 
possessed, a suit in rem might have been maintained. A decree 
against the foreign state may include costs of the suit and, if 
the decree is for a money judgment, interest as ordered by the 
court, except that the court may not award judgment against the 
foreign state in an amount greater than the value of the vessel 
or cargo upon which the maritime lien arose. Such value shall 
be determined as of the time notice is served under subsection 
(b)(1). Decrees shall be subject to appeal and revision as 
provided in other cases of admiralty and maritime jurisdiction. 
Nothing shall preclude the plaintiff in any proper case from 
seeking relief in personam in the same action brought to 
enforce a maritime lien as provided in this section.
    (d) A foreign state shall not be immune from the 
jurisdiction of the courts of the United States in any action 
brought to foreclose a preferred mortgage, as defined in the 
Ship Mortgage Act, 1920 (46 U.S.C. 911 and following). Such 
action shall be brought, heard, and determined in accordance 
with the provisions of that Act and in accordance with the 
principles of law and rules of practice of suits in rem, 
whenever it appears that had the vessel been privately owned 
and possessed a suit in rem might have been maintained.
    (e) \4\ For purposes of paragraph (7) of subsection (a)--
---------------------------------------------------------------------------
    \4\ Sec. 221(a)(2) of Public Law 104-132 (110 Stat. 1241) added 
subsecs. (e) through (g).
---------------------------------------------------------------------------
          (1) the terms ``torture'' and ``extrajudicial 
        killing'' have the meaning given those terms in section 
        3 of the Torture Victim Protection Act of 1991;
          (2) the term ``hostage taking'' has the meaning given 
        that term in Article 1 of the International Convention 
        Against the Taking of Hostages; and
          (3) the term ``aircraft sabotage'' has the meaning 
        given that term in Article 1 of the Convention for the 
        Suppression of Unlawful Acts Against the Safety of 
        Civil Aviation.
    (f) \4\ No action shall be maintained under subsection 
(a)(7) unless the action is commenced not later than 10 years 
after the date on which the cause of action arose. All 
principles of equitable tolling, including the period during 
which the foreign state was immune from suit, shall apply in 
calculating this limitation period.
    (g) \4\ Limitation on Discovery.--
          (1) In general.--(A) Subject to paragraph (2), if an 
        action is filed that would otherwise be barred by 
        section 1604, but for subsection (a)(7), the court, 
        upon request of the Attorney General, shall stay any 
        request, demand, or order for discovery on the United 
        States that the Attorney General certifies would 
        significantly interfere with a criminal investigation 
        or prosecution, or a national security operation, 
        related to the incident that gave rise to the cause of 
        action, until such time as the Attorney General advises 
        the court that such request, demand, or order will no 
        longer so interfere.
          (B) A stay under this paragraph shall be in effect 
        during the 12-month period beginning on the date on 
        which the court issues the order to stay discovery. The 
        court shall renew the order to stay discovery for 
        additional 12-month periods upon motion by the United 
        States if the Attorney General certifies that discovery 
        would significantly interfere with a criminal 
        investigation or prosecution, or a national security 
        operation, related to the incident that gave rise to 
        the cause of action.
          (2) Sunset.--(A) Subject to subparagraph (B), no stay 
        shall be granted or continued in effect under paragraph 
        (1) after the date that is 10 years after the date on 
        which the incident that gave rise to the cause of 
        action occurred.
          (B) After the period referred to in subparagraph (A), 
        the court, upon request of the Attorney General, may 
        stay any request, demand, or order for discovery on the 
        United States that the court finds a substantial 
        likelihood would--
                  (i) create a serious threat of death or 
                serious bodily injury to any person;
                  (ii) adversely affect the ability of the 
                United States to work in cooperation with 
                foreign and international law enforcement 
                agencies in investigating violations of United 
                States law; or
                  (iii) obstruct the criminal case related to 
                the incident that gave rise to the cause of 
                action or undermine the potential for a 
                conviction in such case.
          (3) Evaluation of evidence.--The court's evaluation 
        of any request for a stay under this subsection filed 
        by the Attorney General shall be conducted ex parte and 
        in camera.
          (4) Bar on motions to dismiss.--A stay of discovery 
        under this subsection shall constitute a bar to the 
        granting of a motion to dismiss under rules 12(b)(6) 
        and 56 of the Federal Rules of Civil Procedure.
          (5) Construction.--Nothing in this subsection shall 
        prevent the United States from seeking protective 
        orders or asserting privileges ordinarily available to 
        the United States.

Sec. 1606. Extent of liability

    As to any claim for relief with respect to which a foreign 
state is not entitled to immunity under section 1605 or 1607 of 
this chapter, the foreign state shall be liable in the same 
manner and to the same extent as a private individual under 
like circumstances; but a foreign state except for an agency or 
instrumentality thereof shall not be liable for punitive 
damages, except any action under section 1605(a)(7) or 
1610(f);\5\ if, however, in any case wherein death was caused, 
the law of the place where the action or omission occurred 
provides, or has been construed to provide, for damages only 
punitive in nature, the foreign state shall be liable for 
actual or compensatory damages measured by the pecuniary 
injuries resulting from such death which were incurred by the 
persons for whose benefit the action was brought.
---------------------------------------------------------------------------
    \5\ Sec. 117(b) of Public Law 105-277 (112 Stat. 2681-491) added 
``, except any action under section 1605(a)(7) or 1610(f)''.
---------------------------------------------------------------------------

Sec. 1607. Counterclaims

    In any action brought by a foreign state, or in which a 
foreign state intervenes, in a court of the United States or of 
a State, the foreign state shall not be accorded immunity with 
respect to any counterclaim--
          (a) for which a foreign state would not be entitled 
        to immunity under section 1605 of this chapter had such 
        claim been brought in a separate action against the 
        foreign state; or
          (b) arising out of the transaction or occurrence that 
        is the subject matter of the claim of the foreign 
        state; or
          (c) to the extent that the counterclaim does not seek 
        relief exceeding in amount or differing in kind from 
        that sought by the foreign state.

Sec. 1608. Service; time to answer; default

    (a) Service in the courts of the United States and of the 
States shall be made upon a foreign state or political 
subdivision of a foreign state:
          (1) by delivery of a copy of the summons and 
        complaint in accordance with any special arrangement 
        for service between the plaintiff and the foreign state 
        or political subdivision; or
          (2) if no special arrangement exists, by delivery of 
        a copy of the summons and complaint in accordance with 
        an applicable international convention on service of 
        judicial documents; or
          (3) if service cannot be made under paragraph (1) or 
        (2), by sending a copy of the summons and complaint and 
        a notice of suit, together with a translation of each 
        into the official language of the foreign state, by any 
        form of mail requiring a signed receipt, to be 
        addressed and dispatched by the clerk of the court to 
        the head of the ministry of foreign affairs of the 
        foreign state concerned, or
          (4) if service cannot be made within 30 days under 
        paragraph (3), by sending two copies of the summons and 
        complaint and a notice of suit, together with a 
        translation of each into the official language of the 
        foreign state, by any form of mail requiring a signed 
        receipt, to be addressed and dispatched by the clerk of 
        the court to the Secretary of State in Washington, 
        District of Columbia, to the attention of the Director 
        of Special Consular Services--and the Secretary shall 
        transmit one copy of the papers through diplomatic 
        channels to the foreign state and shall send to the 
        clerk of the court a certified copy of the diplomatic 
        note indicating when the papers were transmitted.
As used in this subsection, a ``notice of suit'' shall mean a 
notice addressed to a foreign state and in a form prescribed by 
the Secretary of Safety regulation.
    (b) Service in the courts of the United States and of the 
States shall be made upon an agency or instrumentality of a 
foreign state:
          (1) by delivery of a copy of the summons and 
        complaint in accordance with any special arrangement 
        for service between the plaintiff and the agency or 
        instrumentality; or
          (2) if no special arrangement exists, by delivery of 
        a copy of the summons and complaint either to an 
        officer, a managing or general agent, or to any other 
        agent authorized by appointment or by law to receive 
        service or process in the United States; or in 
        accordance with an applicable international convention 
        or service on judicial document; or
          (3) if service cannot be made under paragraph (1) or 
        (2), and if reasonably calculated to given actual 
        notice, by delivery of a copy of the summons and 
        complaint, together with a translation of each into the 
        official language of the foreign state--
                  (A) as directed by an authority of the 
                foreign state or political subdivision in 
                response to a letter rogatory or request or
                  (B) by any form of mail requiring a signed 
                receipt, to be addressed and dispatched by the 
                clerk of the court to the agency or 
                instrumentality to be served, or
                  (C) as directed by order of the court 
                consistent with the law of the place where 
                service is to be made.
    (c) Service shall be deemed to have been made--
          (1) in the case of service under subsection (a)(4), 
        as of the date of transmittal indicated in the 
        certified copy of the diplomatic note; and
          (2) in any other case under this section, as of the 
        date of receipt indicated in the certification, signed 
        and returned postal receipt, or other proof of service 
        applicable to the method of service employed.
    (d) In any action brought in a court of the United States 
or of a State, a foreign state, a political subdivision 
thereof, or an agency or instrumentality of a foreign state 
shall serve an answer or other responsive pleading to the 
complaint within sixty days after service has been made under 
this section.
    (e) No judgment by default shall be entered by a court of 
the United States or of a State against a foreign state, a 
political subdivision thereof, or an agency or instrumentality 
of a foreign state, unless the claimant establishes his claim 
or right to relief by evidence satisfactory to the court. A 
copy of any such default judgment shall be sent to the foreign 
state or political subdivision in the manner prescribed for 
service in this section

Sec. 1609. Immunity from attachment and execution of property of a 
                    foreign state

    Subject to existing international agreements to which the 
United States is a party at the time of enactment of this Act 
the property in the United States of a foreign state shall be 
immune from attachment arrest and execution except as provided 
in sections 1610 and 1611 of this chapter.

Sec. 1610. Exceptions to the immunity from attachment or execution

    (a) The property in the United States of a foreign state, 
as defined in section 1603(a) of this chapter, used for a 
commercial activity in the United States, shall not be immune 
from attachment in aid of execution, or from execution, upon a 
judgment entered by a court of the United States or of a State 
after the effective date of this Act, if--
          (1) the foreign state has waived its immunity from 
        attachment in aid of execution or from execution either 
        explicitly or by implication, notwithstanding any 
        withdrawal of the waiver the foreign state may purport 
        to effect except in accordance with the terms of the 
        waiver, or
          (2) the property is or was used for the commercial 
        activity upon which the claim is based, or
          (3) the execution relates to a judgment establishing 
        rights in property which has been taken in violation of 
        international law or which has been exchanged for 
        property taken in violation of international law, or
          (4) the execution relates to a judgment establishing 
        rights in property--
                  (A) which is acquired by succession or gift, 
                or
                  (B) which is immovable and situated in the 
                United States: Provided, That such property is 
                not used for purposes of maintaining a 
                diplomatic or consular mission or the residence 
                of the Chief of such mission, or
          (5) the property consists of any contractual 
        obligation or any proceeds from such a contractual 
        obligation to indemnify or hold harmless the foreign 
        state or its employees under a policy of automobile or 
        other liability or casualty insurance covering the 
        claim which merged into the judgment; or
          (6) the judgment is based on an order confirming an 
        arbitral award rendered against the foreign state, 
        provided that attachment in aid of execution, or 
        execution, would not be inconsistent with any provision 
        in the arbitral agreement, or \6\
---------------------------------------------------------------------------
    \6\ Sec. 221(b)(1) of Public Law 104-132 (110 Stat. 1242) struck 
out a period at the end of para. (6), inserted instead ``, or'', and 
added a new para. (7).
---------------------------------------------------------------------------
          (7) \6\ the judgment relates to a claim for which the 
        foreign state is not immune under section 1605(a)(7), 
        regardless of whether the property is or was involved 
        with the act upon which the claim is based.
    (b) In addition to subsection (a), any property in the 
United States of an agency or instrumentality of a foreign 
state engaged in commercial activity in the United States shall 
not be immune from attachment in aid of execution, or from 
execution, upon a judgment entered by a court of the United 
States or of a State after the effective date of this Act, if--
          (1) the agency or instrumentality has waived its 
        immunity from attachment in aid execution or from 
        execution either explicitly or implicitly, 
        notwithstanding any withdrawal of the waiver the agency 
        or instrumentality may purport to effect except in 
        accordance with the terms of the waiver, or
          (2) the judgment relates to a claim for which the 
        agency or instrumentality is not immune by virtue of 
        section 1605(a) (2), (3), (5), or (7) or 1605(b) of 
        this chapter, regardless of whether the property is or 
        was involved in the act upon which the claim is based.
    (c) No attachment or execution referred to in subsections 
(a) and (b) of this section shall be permitted until the court 
has ordered such attachment and execution after having 
determined that a reasonable period of time has elapsed 
following the entry of judgment and the giving of any notice 
required under section 1608(e) of this chapter.
    (d) The property of a foreign state, as defined in section 
1603(a) of this chapter, used for a commercial activity in the 
United States, shall not be immune from attachment prior to the 
entry of judgment in any action brought in a court of the 
United States or of a State, or prior to the elapse of the 
period of time provided in subsection (c) of this section if--
          (1) the foreign state has explicitly waived its 
        immunity from attachment prior to judgment, 
        notwithstanding any withdrawal of the waiver the 
        foreign state may purport to effect except in 
        accordance with the terms of the waiver, and
          (2) the purpose of the attachment is to secure 
        satisfaction of a judgment that has been or may 
        ultimately be entered against the foreign state, and 
        not to obtain jurisdiction.
    (e) The vessels of a foreign state shall not be immune from 
arrest in rem, interlocutory sale, and execution in actions 
brought to foreclose a preferred mortgage as provided in 
section 1605(d).
    (f)(1)(A) \7\ Notwithstanding any other provision of law, 
including but not limited to section 208(f) of the Foreign 
Missions Act (22 U.S.C. 4308(f)), and except as provided in 
subparagraph (B), any property with respect to which financial 
transactions are prohibited or regulated pursuant to section 
5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)), 
section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2370(a)), sections 202 and 203 of the Inter-national Emergency 
Economic Powers Act (50 U.S.C. 1701-1702), or any other 
proclamation, order, regulation, or license issued pursuant 
thereto, shall be subject to execution or attachment in aid of 
execution of any judgment relating to a claim for which a 
foreign state (including any agency or instrumentality or such 
state) claim-ing such property is not immune under section 
1605(a)(7).
---------------------------------------------------------------------------
    \7\ Subsec. (f) was added by Public Law 105-277 (112 Stat. 2681-
491).
---------------------------------------------------------------------------
    (B) Subparagraph (A) shall not apply if, at the time the 
property is expropriated or seized by the foreign state, the 
property has been held in title by a natural person or, if held 
in trust, has been held for the benefit of a natural person or 
persons.
    (2)(A) At the request of any party in whose favor a 
judgment has been issued with respect to a claim for which the 
foreign state is not immune under section 1605(a)(7), the 
Secretary of the Treasury and the Secretary of State shall 
fully, promptly, and effectively assist any judgment creditor 
or any court that has issued any such judgment in identifying, 
locating, and executing against the property of that foreign 
state or any agency or instrumentality of such state.
    (B) In providing such assistance, the Secretaries--
          (i) may provide such information to the court under 
        seal;
and
          (ii) shall provide the information in a manner 
        sufficient to allow the court to direct the United 
        States Marshall's office to promptly and effectively 
        execute against that property.

Sec. 1611. Certain types of property immune from execution

    (a) Notwithstanding the provisions of section 1610 of this 
chapter, the property of those organizations designated by the 
President as being entitled to enjoy the privileges, 
exemptions, and immunities provided by the International 
Organizations Immunities Act shall not be subject to attachment 
or any other judicial process impeding the disbursement of 
funds to, or on the order of, a foreign state as the result of 
an action brought in the courts of the United States or of the 
States.
    (b) Notwithstanding the provisions of section 1610 of this 
chapter, the property of a foreign state shall be immune from 
attachment and from the execution, if--
          (1) the property is that of a foreign central bank or 
        monetary authority held for its own account, unless 
        such bank or authority, or its parent foreign 
        government, has explicitly waived its immunity from 
        attachment in aid of execution, or from execution 
        notwithstanding any withdrawal of the waiver which the 
        bank, authority or government may purport to effect 
        except in accordance with the terms of the waiver; or
          (2) the property is, or is intended to be, used in 
        connection with a military activity and
                  (A) is of a military character, or
                  (B) is under the control of a military 
                authority or defense agency.
    (c) \8\ Notwithstanding the provisions of section 1610 of 
this chapter, the property of a foreign state shall be immune 
from attachment and from execution in an action brought under 
section 302 of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 to the extent that the property is a 
facility or installation used by an accredited diplomatic 
mission for official purposes.
---------------------------------------------------------------------------
    \8\ Sec. 302(e) of Public Law 104-114 (110 Stat. 818) added subsec. 
(c).
---------------------------------------------------------------------------
=======================================================================




                         D. DEFENSE LEGISLATION

                                CONTENTS

                                                                   Page

 1. Armed Forces Legislation (Title 10, United State Code) 
    (partial text)...............................................   229
    Subtitle A--General Military Law.............................   229
        Part I--Organization and General Military Powers.........   229
            Chapter 7--Boards, Councils, and Committees..........   229
                Section 182--Center for Excellence in Disaster 
                  Management and Humanitarian Assistance.........   229
            Chapter 18--Military Support for Civilian Law 
                Enforcement Agencies.............................   230
                Section 374--Maintenance and Operation of 
                  Equipment......................................   230
            Chapter 101--Training Generally......................   231
                Section 2011--Special Operations Forces-- 
                  Training.......................................   232
            Chapter 134--Miscellaneous Administrative Provisions.   233
                Section 2249a--Prohibition on Providing Financial 
                  Assistance to Terrorist Countries..............   233
        Part IV--Service, Supply, and Procurement................   233
            Chapter 137--Procurement Generally...................   234
                Section 2327--Contracts: Consideration of 
                  National Security Objectives...................   234
            Chapter 152--Issue of Supplies, Services, and 
                Facilities.......................................   235
                Section 2576a--Excess Personal Property: Sale or 
                  Donation for Law Enforcement Activities........   235
 2. Strom Thurmond National Defense Authorization Act for Fiscal 
    Year 1999 (Public Law 105-261) (partial text)................   237
    Title V--Military Personnel Policy...........................   237
        Section 531--Study of New Decorations for Injury or Death 
            in Line Of Duty......................................   237
    Title X--General Provisions..................................   237
        Section 1023--Department of Defense Counter-Drug 
            Activities in Transit Zone...........................   238
    Title XIII--Cooperative Threat Reduction with States of the 
        Former Soviet Union......................................   238
        Section 1306--Cooperative Counter Proliferation Program..   238
    Title XIV--Domestic Preparedness for Defense Against Weapons 
        of Mass Destruction......................................   240
 3. Department of Defense Appropriations Act, 1999 (Public Law 
    105-262) (partial text)......................................   243
    Title VIII--General Provisions...............................   243
        Section 8129--[Obligating Funds for Counterterror 
            Technical Support]...................................   243
 4. National Defense Authorization Act for Fiscal Year 1998 
    (Public Law 105-85) (partial text)...........................   244
    Title III--Operation and Maintenance.........................   244
        Subtitle F--Other Matters................................   244
            Section 382--Center for Excellence in Disaster 
                Management and Humanitarian Assistance...........   244
    Title X--General Provisions..................................   244
        Subtitle E--Matters Relating to Terrorism................   244
 5. National Defense Authorization Act for Fiscal Year 1997 
    (Public Law 104-201) (partial text)..........................   248
    Section 306--Availability of Additional Funds for 
        Antiterrorism Activities.................................   248
 6. National Defense Authorization Act for Fiscal Year 1995 
    (Public Law 103-337) (partial text)..........................   249
    Title XIII--Matters Relating to Allies and Other Nations.....   249
        Section 1324--Sense of Congress concerning the North 
            Korean Nuclear Weapons Development Program...........   249
    Title XV--Arms Control Matters...............................   251
        Section 1504--Amounts for Counter proliferation 
            Activities...........................................   251
 7. National Defense Authorization Act for Fiscal Year 1994 
    (Public Law 103-160) (partial text)..........................   252
    Title VIII--Acquisition Policy, Acquisition Management, and 
        Related Matters..........................................   252
        Section 843--Reports by Defense Contractors of Dealings 
            with Terrorist Countries.............................   252
    Title XVII--Chemical and Biological Weapons Defense..........   253
        Section 1704--Sense of Congress Concerning Federal 
            Emergency Planning for Response to Terrorist Threats.   253
 8. National Defense Authorization Act for Fiscal Year 1993 
    (Public Law 102-484) (partial text)..........................   254
    Title XIV--Demilitarization of the Former Soviet Union.......   254
        Section 1411--Demilitarization of the Independent States 
            of the Former Soviet Union...........................   254
        Section 1412--Authority for Programs to Facilitate 
            Demilitarization.....................................   255
    Title XV--Nonproliferation...................................   256
        Section 1502--Sense of Congress..........................   256
        Section 1505--International Nonproliferation Initiative..   257
    Title XVI--Iran-Iraq Arms Non-Proliferation Act of 1992......   258
        Section 1604--Sanctions Against Certain Persons..........   258
        Section 1605--Sanctions Against Certain Foreign Countries   258
 9. National Defense Authorization Act for Fiscal Year 1987 
    (Public Law 99-661) (partial text)...........................   260
    Title XIII--General Provisions...............................   260
        Section 1353--Prompt Reporting of Intelligence on 
            Terrorist Threats....................................   260
10. Department of Defense Authorization Act, 1986 (Public Law 99-
    145) (partial text)..........................................   261
    Title XIV--General Provisions................................   261
        Section 1452--Sense of Congress Concerning Protection of 
            United States Military Personnel Against Terrorism...   261
        Section 1453--Readiness of Special Operations Forces.....   261
11. Foreign Intelligence Surveillance (Title 50, United States 
    Code) (partial text).........................................   263
    Chapter 15--Foreign Intelligence Surveillance................   263
        Subchapter I--Coordination for National Security.........   263
            Section 402--National Security Council...............   263
    Chapter 36--Foreign Intelligence Surveillance................   264
        Subchapter I--Electronic Surveillance....................   264
            Section 1801--Definitions............................   264
            Section 1841--Definitions............................   265
            Section 1842--Pen Registers and Trap and Trace 
                Devices for Foreign Intelligence and 
                International Terrorism Investigations...........   266
            Section 1843--Authorization During Emergencies.......   268
            Section 1844--Authorization During Time of War.......   269
            Section 1845--Use of Information.....................   269
            Section 1846--Congressional Oversight................   271
        Subchapter IV--Access to Certain Business Records for 
            Foreign Intelligence Purposes........................   271
            Section 1861--Definitions............................   271
            Section 1862--Access to Certain Business Records for 
                Foreign Intelligence and International Terrorism 
                Investigations...................................   272
            Section 1863--Congressional Oversight................   273
12. Intelligence Authorization Act for Fiscal Year 1996 (Public 
    Law 104-93) (partial text)...................................   274
    Title III--General Provisions................................   274
        Section 310--Assistance to Foreign Countries.............   274

=======================================================================

                      1. Armed Forces Legislation

Partial text of Title 10, United States Code

           *       *       *       *       *       *       *


                    Subtitle A--General Military Law

            PART I--ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 7--BOARDS, COUNCILS, AND COMMITTEES

           *       *       *       *       *       *       *


Sec. 182.\1\ Center for Excellence in Disaster Management and 
                    Humanitarian Assistance

  (a) Establishment.--The Secretary of Defense may operate a 
Center for Excellence in Disaster Management and Humanitarian 
Assistance (in this section referred to as the `Center').
---------------------------------------------------------------------------
    \1\ Added by sec. 382(a) of the National Defense Authorization Act 
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1709).
---------------------------------------------------------------------------
  (b) Missions.--(1) The Center shall be used to provide and 
facilitate education, training, and research in civil-military 
operations, particularly operations that require international 
disaster management and humanitarian assistance and operations 
that require coordination between the Department of Defense and 
other agencies.
  (2) The Center shall be used to make available high-quality 
disaster management and humanitarian assistance in response to 
disasters.
  (3) The Center shall be used to provide and facilitate 
education, training, interagency coordination, and research on 
the following additional matters:
          (A) Management of the consequences of nuclear, 
        biological, and chemical events.
          (B) Management of the consequences of terrorism.
          (C) Appropriate roles for the reserve components in 
        the management of such consequences and in disaster 
        management andhumanitarian assistance in response to 
        natural disasters.
          (D) Meeting requirements for information in 
        connection with regional and global disasters, 
        including the use of advanced communications technology 
        as a virtual library.
          (E) Tropical medicine, particularly in relation to 
        the medical readiness requirements of the Department of 
        Defense.
  (4) The Center shall develop a repository of disaster risk 
indicators for the Asia-Pacific region.
  (5) The Center shall perform such other missions as the 
Secretary of Defense may specify.

           *       *       *       *       *       *       *


CHAPTER 18--MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES

           *       *       *       *       *       *       *


Sec. 374. Maintenance and operation of equipment

  (a) The Secretary of Defense may, in accordance with other 
applicable law, make Department of Defense personnel available 
for the maintenance of equipment for Federal, State, and local 
civilian law enforcement officials, including equipment made 
available under section 372 of this title.
  (b)(1) Subject to paragraph (2) and in accordance with other 
applicable law, the Secretary of Defense may, upon request from 
the head of a Federal law enforcement agency, make Department 
of Defense personnel available to operate equipment (including 
equipment made available under section 372 of this title) with 
respect to--
          (A) a criminal violation of a provision of law 
        specified in paragraph (4)(A);
          (B) assistance that such agency is authorized to 
        furnish to a State, local, or foreign government which 
        is involved in the enforcement of similar laws;
          (C) \2\ a foreign or domestic counter-terrorism 
        operation;
---------------------------------------------------------------------------
    \2\ Added by sec. 201 of Public Law 105-277 (112 Stat. 2681-567).
---------------------------------------------------------------------------
  or
          (D) \2\ a rendition of a suspected terrorist from a 
        foreign country to the United States to stand trial.
  (2) Department of Defense personnel made available to a 
civilian law enforcement agency under this subsection may 
operate equipment for the following purposes:
          (A) Detection, monitoring, and communication of the 
        movement of air and sea traffic.
          (B) Detection, monitoring, and communication of the 
        movement of surface traffic outside of the geographic 
        boundary of the United States and within the United 
        States not to exceed 25 miles of the boundary if the 
        initial detection occurred outside of the boundary.
          (C) Aerial reconnaissance.
          (D) Interception of vessels or aircraft detected 
        outside the land area of the United States for the 
        purposes of communicating with such vessels and 
        aircraft to direct such vessels and aircraft to go to a 
        location designated by appropriate civilian officials.
          (E) Operation of equipment to facilitate 
        communications in connection with law enforcement 
        programs specified in paragraph (4)(A).
          (F) Subject to joint approval by the Secretary of 
        Defense andthe Attorney General (and the Secretary of 
        State in the case of a law enforcement operation 
        outside of the land area of the United States)--
                  (i) the transportation of civilian law 
                enforcement personnel along with any other 
                civilian or military personnel who are 
                supporting, or conducting, a joint operation 
                with civilian law enforcement personnel;\3\
---------------------------------------------------------------------------
    \3\ The text beginning with ``along with'' to this point, was added 
by sec. 201 of Public Law 105-277 (112 Stat. 2681-567).
---------------------------------------------------------------------------
                  (ii) the operation of a base of operations 
                for civilian law enforcement and supporting 
                personnel; and
                  (iii) \2\ the transportation of suspected 
                terrorists from foreign countries to the United 
                States for trial (so long as the requesting 
                Federal law enforcement agency provides all 
                security for such transportation and maintains 
                custody over the suspect through the duration 
                of the transportation).
  (3) Department of Defense personnel made available to operate 
equipment for the purpose stated in paragraph (2)(D) may 
continue to operate such equipment into the land area of the 
United States in cases involving the pursuit of vessels or 
aircraft where the detection began outside such land area.
  (4) In this subsection:
          (A) The term ``Federal law enforcement agency'' means 
        a Federal agency with jurisdiction to enforce any of 
        the following:
                  (i) The Controlled Substances Act (21 U.S.C. 
                801 et seq.) or the Controlled Substances 
                Import and Export Act (21 U.S.C. 951 et seq.).
                  (ii) Any of sections 274 through 278 of the 
                Immigration and Nationality Act (8 U.S.C. 1324-
                1328).
                  (iii) A law relating to the arrival or 
                departure of merchandise (as defined in section 
                401 of the Tariff Act of 1930 (19 U.S.C. 1401) 
                into or out of the customs territory of the 
                United States (as defined in general note 2 of 
                the Harmonized Tariff Schedule of the United 
                States) or any other territory or possession of 
                the United States.
                  (iv) The Maritime Drug Law Enforcement Act 
                (46 U.S.C. App. 1901 et seq.).
                  (v) \2\ Any law, foreign or domestic, 
                prohibiting terrorist activities.
          (B) The term ``land area of the United States'' 
        includes the land area of any territory, commonwealth, 
        or possession of the United States.
  (c) The Secretary of Defense may, in accordance with other 
applicable law, make Department of Defense personnel available 
to any Federal, State, or local civilian law enforcement agency 
to operate equipment for purposes other than described in 
subsection (b)(2) only to the extent that such support does not 
involve direct participation by such personnel in a civilian 
law enforcement operation unless such direct participation is 
otherwise authorized by law.

           *       *       *       *       *       *       *


CHAPTER 101--TRAINING GENERALLY

           *       *       *       *       *       *       *


Sec. 2011.\4\ Special operations forces: training with friendly foreign 
                    forces

  (a) Authority To Pay Training Expenses.--Under regulations 
prescribed pursuant to subsection (c), the commander of the 
special operations command established pursuant to section 167 
of this title and the commander of any other unified or 
specified combatant command may pay, or authorize payment for, 
any of the following expenses:
---------------------------------------------------------------------------
    \4\ Added by sec. 1052(a) of the National Defense Authorization Act 
for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1470).
---------------------------------------------------------------------------
          (1) Expenses of training special operations forces 
        assigned to that command in conjunction with training, 
        and training with, armed forces and other security 
        forces of a friendly foreign country.
          (2) Expenses of deploying such special operations 
        forces for that training.
          (3) In the case of training in conjunction with a 
        friendly developing country, the incremental expenses 
        incurred by that country as the direct result of such 
        training.
  (b) Purpose of Training.--The primary purpose of the training 
for which payment may be made under subsection (a) shall be to 
train the special operations forces of the combatant command.
  (c) Regulations.--The Secretary of Defense shall prescribe 
regulations for the administration of this section. The 
regulations shall establish accounting procedures to ensure 
that the expenditures pursuant to this section are appropriate.
  (d) Definitions.--In this section:
          (1) The term ``special operations forces'' includes 
        civil affairs forces and psychological operations 
        forces.
          (2) The term ``incremental expenses'', with respect 
        to a developing country, means the reasonable and 
        proper cost of rations, fuel, training ammunition, 
        transportation, and other goods and services consumed 
        by such country, except that the term does not include 
        pay, allowances, and other normal costs of such 
        country's personnel.
  (e) Reports.--Not later than April 1 of each year, the 
Secretary of Defense shall submit to Congress a report 
regarding training during the preceding fiscal year for which 
expenses were paid under this section. Each report shall 
specify the following:
          (1) All countries in which that training was 
        conducted.
          (2) The type of training conducted, including whether 
        such training was related to counter-narcotics or 
        counter-terrorism activities, the duration of that 
        training, the number of members of the armed forces 
        involved, and expenses paid.
          (3) The extent of participation by foreign military 
        forces, including the number and service affiliation of 
        foreign military personnel involved and physical and 
        financial contribution of each host nation to the 
        training effort.
          (4) The relationship of that training to other 
        overseas training programs conducted by the armed 
        forces, such as military exercise programs sponsored by 
        the Joint Chiefs of Staff, military exercise programs 
        sponsored by a combatant command, and military training 
        activities sponsored by a military department 
        (including deployments for training, short duration 
        exercises, and other similar unit training events).

           *       *       *       *       *       *       *


          CHAPTER 134--MISCELLANEOUS ADMINISTRATIVE PROVISIONS

Subchapter I--Miscellaneous Authorities, Prohibitions, and Limitations 
on the Use of Appropriated Funds

           *       *       *       *       *       *       *


Sec. 2249a.\5\ Prohibition on providing financial assistance to 
                    terrorist countries

    (a) Prohibition.--Funds available to the Department of 
Defense may not be obligated or expended to provide financial 
assistance to--
---------------------------------------------------------------------------
    \5\ Added by sec. 1341(a) of the National Defense Authorization Act 
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 485).
---------------------------------------------------------------------------
          (1) any country with respect to which the Secretary 
        of State has made a determination under section 
        6(j)(1)(A) of the Export Administration Act of 1979 (50 
        App. 2405(j));
          (2) any country identified in the latest report 
        submitted to Congress under section 140 of the Foreign 
        Relations Authorization Act, Fiscal Years 1988 and 1989 
        (22 U.S.C. 2656f), as providing significant support for 
        international terrorism; or
          (3) any other country that, as determined by the 
        President--
                  (A) grants sanctuary from prosecution to any 
                individual or group that has committed an act 
                of international terrorism; or
                  (B) otherwise supports international 
                terrorism.
    (b) Waiver.--(1) The President may waive the application of 
subsection (a) to a country if the President determines--
          (A) that it is in the national security interests of 
        the United States to do so; or
          (B) that the waiver should be granted for 
        humanitarian reasons.
    (2) The President shall--
          (A) notify the Committee on Armed Services and the 
        Committee on Foreign Relations of the Senate and the 
        Committee on National Security and the Committee on 
        International Relations of the House of Representatives 
        at least 15 days before the waiver takes effect; and
          (B) publish a notice of the waiver in the Federal 
        Register.
    (c) Definition.--In this section, the term ``international 
terrorism'' has the meaning given that term in section 140(d) 
of the Foreign Relations Authorization Act, Fiscal Years 1988 
and 1989 (22 U.S.C. 2656f(d)).

PART IV--SERVICE, SUPPLY, AND PROCUREMENT

           *       *       *       *       *       *       *


CHAPTER 137--PROCUREMENT GENERALLY

           *       *       *       *       *       *       *


Sec. 2327.\6\ Contracts: consideration of national security objectives

    (a) Disclosure of Ownership or Control by a Foreign 
Government.--The head of an agency shall require a firm or a 
subsidiary of a firm that submits a bid or proposal in response 
to a solicitation issued by the Department of Defense to 
disclose in that bid or proposal any significant interest in 
such firm or subsidiary (or, in the case of a subsidiary, in 
the firm that owns the subsidiary) that is owned or controlled 
(whether directly or indirectly) by a foreign government or an 
agent or instrumentality of a foreign government, if such 
foreign government is the government of a country that the 
Secretary of State determines under section 6(j)(1)(A) of the 
Export Administration Act of 1979 (50 U.S.C. 2405(j)(1)(A)) has 
repeatedly provided support for acts of international 
terrorism.
---------------------------------------------------------------------------
    \6\ See also sec. 843 of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1720), requiring 
reports by defense contractors of dealings with terrorist countries.
---------------------------------------------------------------------------
    (b) Prohibition of Entering Into Contracts Against the 
Interests of the United States.--Except as provided in 
subsection (c), the head of an agency may not enter into a 
contract with a firm or a subsidiary of a firm if--
          (1) a foreign government owns or controls (whether 
        directly or indirectly) a significant interest in such 
        firm or subsidiary (or, in case of a subsidiary, in the 
        firm that owns the subsidiary); and
          (2) such foreign government is the government of a 
        country that the Secretary of State determines under 
        section 6(j)(1)(A) of the Export Administration Act of 
        1797 (50 U.S.C. 2405(j)(1)(A)) has repeatedly provided 
        support for acts of international terrorism.
    (c) Waiver.--(1)(A) If the Secretary of Defense determines 
under paragraph (2) that entering into a contract with a firm 
or a subsidiary of a firm described in subsection (b) is not 
inconsistent with the national security objectives of the 
United States, the head of an agency may enter into a contract 
with such firm or subsidiary after the date on which such head 
of an agency submits to Congress a report on the contract.
    (B) A report under subparagraph (A) shall include the 
following:
          (i) The identify of the foreign government concerned.
          (ii) The nature of the contract.
          (iii) The extent of ownership or control of the firm 
        or subsidiary concerned (or, if appropriate in the case 
        of a subsidiary, of the firm that owns the subsidiary) 
        by the foreign government concerned or the agency or 
        instrumentality of such foreign government.
          (iv) The reasons for entering into the contract.
    (C) After the head of an agency submits a report to 
Congress under subparagraph (A) with respect to a firm or a 
subsidiary, such head of an agency is not required to submit a 
report before entering into any subsequent contract with such 
firm or subsidiary unless the information required to be 
included in such report under subparagraph (B) has materially 
changed since the submission of the previous report.
    (2) Upon the request of the head of an agency, the 
Secretary of Defense shall determine whether entering into a 
contract with a firm or subsidiary described in subsection (b) 
is inconsistent with the national security objectives of the 
United States. In making such a determination, the Secretary of 
Defense shall consider the following:
          (A) The relationship of the United States with the 
        foreign government concerned.
          (B) The obligations of the United States under 
        international agreements.
          (C) The extent of the ownership or control of the 
        firm or subsidiary (or, if appropriate in the case of a 
        subsidiary, of the firm that owns the subsidiary) by 
        the foreign government or an agent or instrumentality 
        of the foreign government.
          (D) Whether payments made, or information made 
        available, to the firm or subsidiary under the contract 
        could be used for purposes hostile to the interests of 
        the United States.
    (d) Applicability.--(1) This section does not apply to a 
contract for an amount less than $100,000.
    (2) This section does not apply to the Coast Guard or the 
National Aeronautics and Space Administration.
    (e) Regulations.--The Secretary of Defense, after 
consultation with the Secretary of State, shall prescribe 
regulations to carry out this section. Such regulations shall 
include a definition of the term ``significant interest.''

           *       *       *       *       *       *       *


CHAPTER 152--ISSUE OF SUPPLIES, SERVICES, AND FACILITIES

           *       *       *       *       *       *       *


 Subchapter II--Issue of Serviceable Material Other Than to the Armed 
Forces

           *       *       *       *       *       *       *


Sec. 2576a.\7\ Excess personal property: sale or donation for law 
                    enforcement activities

    (a) Transfer Authorized.--(1) Notwithstanding any other 
provision of law and subject to subsection (b), the Secretary 
of Defense may transfer to Federal and State agencies personal 
property of the Department of Defense, including small arms and 
ammunition, that the Secretary determines is--
---------------------------------------------------------------------------
    \7\ Sec. 1033(a) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2640) added sec. 2576a.
---------------------------------------------------------------------------
          (A) suitable for use by the agencies in law 
        enforcement activities, including counter-drug and 
        counter-terrorism activities; and
          (B) excess to the needs of the Department of Defense.
  (2) The Secretary shall carry out this section in 
consultation with the Attorney General and the Director of 
National Drug Control Policy.
    (b) Conditions for Transfer.--The Secretary of Defense may 
transfer personal property under this section only if--
          (1) the property is drawn from existing stocks of the 
        Department of Defense;
          (2) the recipient accepts the property on an as-is, 
        where-is basis;
          (3) the transfer is made without the expenditure of 
        any funds available to the Department of Defense for 
        the procurement of defense equipment; and
          (4) all costs incurred subsequent to the transfer of 
        the property are borne or reimbursed by the recipient.
    (c) Consideration.--Subject to subsection (b)(4), the 
Secretary may transfer personal property under this section 
without charge to the recipient agency.
    (d) Preference for Certain Transfers.--In considering 
applications for the transfer of personal property under this 
section, the Secretary shall give a preference to those 
applications indicating that the transferred property will be 
used in the counter-drug or counter-terrorism activities of the 
recipient agency.

           *       *       *       *       *       *       *


 2. Strom Thurmond National Defense Authorization Act for Fiscal Year 
                                  1999

    Partial text of Public Law 105-261 [H.R. 3616], 112 Stat. 1920, 
                       approved October 17, 1998

 AN ACT to authorize appropriations for fiscal year 1999 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

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

           *       *       *       *       *       *       *


TITLE V--MILITARY PERSONNEL POLICY

           *       *       *       *       *       *       *


           Subtitle D--Decorations, Awards, and Commendations

SEC. 531. STUDY OF NEW DECORATIONS FOR INJURY OR DEATH IN LINE OF DUTY.

    (a) Study of Need and Criteria for New Decoration.--(1) The 
Secretary of Defense shall carry out a study of the need for, 
and the the appropriate criteria for, two possible new 
decorations.
    (2) The first such decoration would, if implemented, be 
awarded to members of the Armed Forces who, while serving under 
competent authority in any capacity with the Armed Forces, are 
killed or injured in the line of duty as a result of noncombat 
circumstances occurring--
          (A) as a result of an international terrorist attack 
        against the United States or a foreign nation friendly 
        to the United States;
          (B) while engaged in, training for, or traveling to 
        or from a peacetime or contingency operation; or
          (C) while engaged in, training for, or traveling to 
        or from service outside the territory of the United 
        States as part of a peacekeeping force.
    (3) The second such decoration would, if implemented, be 
awarded to civilian nationals of the United States who, while 
serving under competent authority in any capacity with the 
Armed Forces, are killed or injured in the line of duty under 
circumstances which, if they were members of the Armed Forces, 
would qualify them for award of the Purple Heart or the medal 
described in paragraph (2).

           *       *       *       *       *       *       *


TITLE X--GENERAL PROVISIONS

           *       *       *       *       *       *       *


 Subtitle C--Counter-Drug Activities and Other Assistance for Civilian 
Law Enforcement

           *       *       *       *       *       *       *


SEC. 1023. DEPARTMENT OF DEFENSE COUNTER-DRUG ACTIVITIES IN TRANSIT 
                    ZONE.

           *       *       *       *       *       *       *


    (d) Resulting Availability of Funds for 
Counterproliferation and Counterterrorism Activities.--(1) In 
light of subsection (c), of the amount authorized to be 
appropriated pursuant to section 301(5) for the Special 
Operations Command, $4,500,000 shall be available for the 
purpose of increased training and related operations in support 
of the activities of the Special Operations Command regarding 
counterproliferation of weapons of mass destruction and 
counterterrorism.
    (2) The amount made available under this subsection is in 
addition to other funds authorized to be appropriated under 
section 301(5) for the Special Operations Command for such 
purpose.

           *       *       *       *       *       *       *


  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
SOVIET UNION

           *       *       *       *       *       *       *


SEC. 1306. COOPERATIVE COUNTER PROLIFERATION PROGRAM.

    (a) In General.--Of the amount authorized to be 
appropriated in section 1302 (other than the amounts authorized 
to be appropriated in subsections (a)(1) and (a)(2) of that 
section) and subject to the limitations in that section and 
subsection (b), the Secretary of Defense may provide a country 
of the former Soviet Union with emergency assistance for 
removing or obtaining from that country--
          (1) weapons of mass destruction; or
          (2) materials, equipment, or technology related to 
        the development or delivery of weapons of mass 
        destruction.
    (b) Certification Required.--(1) The Secretary may not 
provide assistance under subsection (a) until 15 days after the 
date that the Secretary submits to the congressional defense 
committees a certification in writing that the weapons, 
materials, equipment, or technology described in that 
subsection meet each of the following requirements:
          (A) The weapons, materials, equipment, or technology 
        are at risk of being sold or otherwise transferred to a 
        restricted foreign state or entity.
          (B) The transfer of the weapons, materials, 
        equipment, or technology would pose a significant near-
        term threat to the national security interests of the 
        United States or would significantly advance a foreign 
        country's weapon program that threatens the national 
        security interests of the United States.
          (C) Other options for securing or otherwise 
        preventing the transfer of the weapons, materials, 
        equipment, or technology have been considered and 
        rejected as ineffective or inadequate.
    (2) The 15-day notice requirement in paragraph (1) may be 
waived if the Secretary determines that compliance with the 
requirement would compromise the national security interests of 
the United States. In such case, the Secretary shall promptly 
notify the congressional defense committees of the 
circumstances regarding such determination in advance of 
providing assistance under subsection (a) and shall submit the 
certification required not later than 30 days after providing 
such assistance.
    (c) Content of Certifications.--Each certification required 
under subsection (b) shall contain information on the following 
with respect to the assistance being provided:
          (1) The specific assistance provided and the purposes 
        for which the assistance is being provided.
          (2) The sources of funds for the assistance.
          (3) Whether any assistance is being provided by any 
        other Federal department or agency.
          (4) The options considered and rejected for 
        preventing the transfer of the weapons, materials, 
        equipment, or technology, as described in subsection 
        (b)(1)(C).
          (5) Whether funding was requested by the Secretary 
        from other Federal departments or agencies.
          (6) Any additional information that the Secretary 
        determines is relevant to the assistance being 
        provided.
    (d) Additional Sources of Funding.--The Secretary may 
request assistance and accept funds from other Federal 
departments or agencies in carrying out this section.
    (e) Definitions.--In this section:
          (1) The term ``restricted foreign state or entity'', 
        with respect to weapons, materials, equipment, or 
        technology covered by a certification or notification 
        of the Secretary of Defense under subsection (b), 
        means--
                  (A) any foreign country the government of 
                which has repeatedly provided support for acts 
                of international terrorism, as determined by 
                the Secretary of State under section 620A of 
                the Foreign Assistance Act of 1961 (22 U.S.C. 
                2371); or
                  (B) any foreign state or entity that the 
                Secretary of Defense determines would 
                constitute a military threat to the United 
                States, its allies, or interests, if that 
                foreign state or entity were to possess the 
                weapons, materials, equipment, or technology.
          (2) The term ``weapons of mass destruction'' has the 
        meaning given that term in section 1403(1) of the 
        Defense Against Weapons of Mass Destruction Act of 1996 
        (title XIV of Public Law 104-201; 50 U.S.C. 2302(1)).

           *       *       *       *       *       *       *


 TITLE XIV--DOMESTIC PREPAREDNESS FOR DEFENSE AGAINST WEAPONS OF MASS 
                              DESTRUCTION

Sec. 1401. Short title.
Sec. 1402. Domestic preparedness for response to threats of 
  terrorist use of weapons of mass destruction.
Sec. 1403. Report on domestic emergency preparedness.
Sec. 1404. Threat and risk assessments.
Sec. 1405. Advisory panel to assess domestic response 
  capabilities for terrorism involving weapons of mass 
  destruction.

SEC. 1401.\1\ SHORT TITLE.
    This title may be cited as the ``Defense Against Weapons of 
Mass Destruction Act of 1998''.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 2301 note.
---------------------------------------------------------------------------

SEC. 1402.\1\ DOMESTIC PREPAREDNESS FOR RESPONSE TO THREATS OF 
                    TERRORIST USE OF WEAPONS OF MASS DESTRUCTION.
    (a) Enhanced Response Capability.--In light of the 
continuing potential for terrorist use of weapons of mass 
destruction against the United States and the need to develop a 
more fully coordinated response to that threat on the part of 
Federal, State, and local agencies, the President shall act to 
increase the effectiveness at the Federal, State, and local 
level of the domestic emergency preparedness program for 
response to terrorist incidents involving weapons of mass 
destruction by utilizing the President's existing authorities 
to develop an integrated program that builds upon the program 
established under the Defense Against Weapons of Mass 
Destruction Act of 1996 (title XIV of Public Law 104-201; 110 
Stat. 2714; 50 U.S.C. 2301 et seq.).
    (b) Report.--Not later than January 31, 1999, the President 
shall submit to Congress a report containing information on the 
actions taken at the Federal, State, and local level to develop 
an integrated program to prevent and respond to terrorist 
incidents involving weapons of mass destruction.

SEC. 1403.\2\ REPORT ON DOMESTIC EMERGENCY PREPAREDNESS.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
    \2\ 50 USC 2301 note. Sec. 1403 amended sec. 1051 of the National 
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 
Stat. 1889; 31 U.S.C. 1113 note).
---------------------------------------------------------------------------

SEC. 1404.\1\ THREAT AND RISK ASSESSMENTS.
    (a) Requirement To Develop Methodologies.--The Attorney 
General, in consultation with the Director of the Federal 
Bureau of Investigation and representatives of appropriate 
Federal, State, and local agencies, shall develop and test 
methodologies for assessing the threat and risk of terrorist 
employment of weapons of mass destruction against cities and 
other local areas. The results of the tests may be used to 
determine the training and equipment requirements under the 
program developed under section 1402. The methodologies 
required by this subsection shall be developed using cities or 
local areas selected by the Attorney General, acting in 
consultation with the Director of the Federal Bureau of 
Investigation and appropriate representatives of Federal, 
State, and local agencies.
    (b) Required Completion Date.--The requirements in 
subsection (a) shall be completed not later than 1 year after 
the date of the enactment of this Act.

SEC. 1405.\1\ ADVISORY PANEL TO ASSESS DOMESTIC RESPONSE CAPABILITIES 
                    FOR TERRORISM INVOLVING WEAPONS OF MASS 
                    DESTRUCTION.
    (a) Requirement for Panel.--The Secretary of Defense, in 
consultation with the Attorney General, the Secretary of 
Energy, the Secretary of Health and Human Services, and the 
Director of the Federal Emergency Management Agency, shall 
enter into a contract with a federally funded research and 
development center to establish a panel to assess the 
capabilities for domestic response to terrorism involving 
weapons of mass destruction.
    (b) Composition of Panel; Selection.--(1) The panel shall 
be composed of members who shall be private citizens of the 
United States with knowledge and expertise in emergency 
response matters.
    (2) Members of the panel shall be selected by the federally 
funded research and development center in accordance with the 
terms of the contract established pursuant to subsection (a).
    (c) Procedures for Panel.--The federally funded research 
and development center shall be responsible for establishing 
appropriate procedures for the panel, including procedures for 
selection of a panel chairman.
    (d) Duties of Panel.--The panel shall--
          (1) assess Federal agency efforts to enhance domestic 
        preparedness for incidents involving weapons of mass 
        destruction;
          (2) assess the progress of Federal training programs 
        for local emergency responses to incidents involving 
        weapons of mass destruction;
          (3) assess deficiencies in programs for response to 
        incidents involving weapons of mass destruction, 
        including a review of unfunded communications, 
        equipment, and planning requirements, and the needs of 
        maritime regions;
          (4) recommend strategies for ensuring effective 
        coordination with respect to Federal agency weapons of 
        mass destruction response efforts, and for ensuring 
        fully effective local response capabilities for weapons 
        of mass destruction incidents; and
          (5) assess the appropriate roles of State and local 
        government in funding effective local response 
        capabilities.
    (e) Deadline To Enter Into Contract.--The Secretary of 
Defense shall enter into the contract required under subsection 
(a) not later than 60 days after the date of the enactment of 
this Act.
    (f) Deadline for Selection of Panel Members.--Selection of 
panel members shall be made not later than 30 days after the 
date on which the Secretary enters into the contract required 
by subsection (a).
    (g) Initial Meeting of the Panel.--The panel shall conduct 
its first meeting not later than 30 days after the date that 
all the selections to the panel have been made.
    (h) Reports.--(1) Not later than 6 months after the date of 
the first meeting of the panel, the panel shall submit to the 
President and to Congress an initial report setting forth its 
findings, conclusions, and recommendations for improving 
Federal, State, and local domestic emergency preparedness to 
respond to incidents involving weapons of mass destruction.
    (2) Not later than December 15 of each year, beginning in 
1999 and ending in 2001, the panel shall submit to the 
President and to the Congress a report setting forth its 
findings, conclusions, and recommendations for improving 
Federal, State, and local domestic emergency preparedness to 
respond to incidents involving weapons of mass destruction.
    (i) Cooperation of Other Agencies.--(1) The panel may 
secure directly from the Department of Defense, the Department 
of Energy, the Department of Health and Human Services, the 
Department of Justice, and the Federal Emergency Management 
Agency, or any other Federal department or agency information 
that the panel considers necessary for the panel to carry out 
its duties.
    (2) The Attorney General, the Secretary of Defense, the 
Secretary of Energy, the Secretary of Health and Human 
Services, the Director of the Federal Emergency Management 
Agency, and any other official of the United States shall 
provide the panel with full and timely cooperation in carrying 
out its duties under this section.
    (j) Funding.--The Secretary of Defense shall provide the 
funds necessary for the panel to carry out its duties from the 
funds available to the Department of Defense for weapons of 
mass destruction preparedness initiatives.
    (k) Compensation of Panel Members.--(1) Members of the 
panel shall serve without pay by reason of their work on the 
panel.
    (2) Members of the panel shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized 
for employees of agencies under subchapter 57 of title 5, 
United States Code, while away from their homes or regular 
place of business in performance of services for the panel.
    (l) Termination of the Panel.--The panel shall terminate 
three years after the date of the appointment of the member 
selected as chairman of the panel.
    (m) Definition.--In this section, the term ``weapon of mass 
destruction'' has the meaning given that term in section 
1403(1) of the Defense Against Weapons of Mass Destruction Act 
of 1996 (50 U.S.C. 2302(1)).

           3. Department of Defense Appropriations Act, 1999

Partial text of Public Law 105-262 [H.R. 4103], 112 Stat. 2279 at 2335, 
                       approved October 17, 1998

  AN ACT Making appropriations for the Department of Defense for the 
     fiscal year ending September 30, 1999, and for other purposes

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

           *       *       *       *       *       *       *


TITLE VIII--GENERAL PROVISIONS

           *       *       *       *       *       *       *


    Sec. 8129. Notwithstanding any other provision of law, the 
Secretary of Defense shall obligate the funds provided for 
Counterterror Technical Support in the Department of Defense 
Appropriations Act, 1998 (under title IV of Public Law 105-56) 
for the projects and in the amounts provided for in House 
Report 105-265 of the House of Representatives, One Hundred 
Fifth Congress, First Session: Provided, That the funds 
available for the Pulsed Fast Neutron Analysis Project should 
be executed through cooperation with the Office of National 
Drug Control Policy.

           *       *       *       *       *       *       *


       4. National Defense Authorization Act for Fiscal Year 1998

Partial text of Public Law 105-85 [H.R. 1119], 112 Stat. 1920, approved 
                           November 18, 1997

 AN ACT to authorize appropriations for fiscal year 1998 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

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

           *       *       *       *       *       *       *


DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

           *       *       *       *       *       *       *


TITLE III--OPERATION AND MAINTENANCE

           *       *       *       *       *       *       *


Subtitle F--Other Matters

           *       *       *       *       *       *       *


SEC. 382. CENTER FOR EXCELLENCE IN DISASTER MANAGEMENT AND HUMANITARIAN 
                    ASSISTANCE.

    (a) Establishment and Operation of Center.--(1) Chapter 7 
of title 10, United States Code, is amended by adding at the 
end the following new section: \1\
---------------------------------------------------------------------------
    \1\ Sec. 382 added a new Sec. 182 to 10 U.S.C. See D.1, this 
section for text.

           *       *       *       *       *       *       *

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TITLE X--GENERAL PROVISIONS

           *       *       *       *       *       *       *


               Subtitle E--Matters Relating to Terrorism

SEC. 1051.\2\ OVERSIGHT OF COUNTERTERRORISM AND ANTITERRORISM 
                    ACTIVITIES; REPORT.

    (a) Oversight of Counterterrorism and Antiterrorism 
Activities.--Not later than 120 days after the date of the 
enactment of this Act, the Director of the Office of Management 
and Budget shall--
---------------------------------------------------------------------------
    \2\ 31 U.S.C. 1113 note.
---------------------------------------------------------------------------
          (1) establish a reporting system for executive 
        agencies with respect to the budget and expenditure of 
        funds by such agencies for the purpose of carrying out 
        counterterrorism and antiterrorism programs and 
        activities; and
          (2) using such reporting system, collect information 
        on--
                  (A) the budget and expenditure of funds by 
                executive agencies during the current fiscal 
                year for purposes of carrying out 
                counterterrorism and antiterrorism programs and 
                activities; and
                  (B) the specific programs and activities for 
                which such funds were expended.
      (b) Report.--Not later that March 1 of each year, the 
President shall submit to Congress a report in classified and 
unclassified form (using the information described in 
subsection (a)(2)) describing, for each executive agency and 
for the executive branch as a whole, the following:
          (1) The amounts proposed to be expended for 
        counterterrorism and antiterrorism programs and 
        activities for the fiscal year beginning in the 
        calendar year in which the report is submitted.
          (2) The amounts proposed to be expended for 
        counterterrorism and antiterrorism programs and 
        activities for the fiscal year in which the report is 
        submitted and the amounts that have already been 
        expended for such programs and activities for that 
        fiscal year.
          (3) The specific counterterrorism and antiterrorism 
        programs and activities being implemented, any 
        priorities with respect to such programs and 
        activities, and whether there has been any duplication 
        of efforts in implementing such programs and 
        activities.
      (c) \3\ Annex on Domestic Emergency Preparedness 
Program.--As part of the annual report submitted to Congress 
under subsection (b), the President shall include an annex 
which provides the following information on the domestic 
emergency preparedness program for response to terrorist 
incidents involving weapons of mass destruction (as established 
under section 1402 of the Defense Against Weapons of Mass 
Destruction Act of 1998):
---------------------------------------------------------------------------
    \3\ Subsec. (c) was added by sec. 1403 of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (Public Law 
105-261; 112 Stat. 2168; 50 U.S.C. 2301 note).
---------------------------------------------------------------------------
          (1) Information on program responsibilities for each 
        participating Federal department, agency, and bureau.
          (2) A summary of program activities performed during 
        the preceding fiscal year for each participating 
        Federal department, agency, and bureau.
          (3) A summary of program obligations and expenditures 
        during the preceding fiscal year for each participating 
        Federal department, agency, and bureau.
          (4) A summary of the program plan and budget for the 
        current fiscal year for each participating Federal 
        department, agency, and bureau.
          (5) The program budget request for the following 
        fiscal year for each participating Federal department, 
        agency, and bureau.
          (6) Recommendations for improving Federal, State, and 
        local domestic emergency preparedness to respond to 
        incidents involving weapons of mass destruction that 
        have been made by the advisory panel to assess the 
        capabilities of domestic response to terrorism 
        involving weapons of mass destruction (as established 
        under section 1405 of the Defense Against Weapons of 
        Mass Destruction Act of 1998), and actions taken as a 
        result of such recommendations.
          (7) Additional program measures and legislative 
        authority for which congressional action may be 
        required.

SEC. 1052.\4\ PROVISION OF ADEQUATE TROOP PROTECTION EQUIPMENT FOR 
                    ARMED FORCES PERSONNEL ENGAGED IN PEACE OPERATIONS; 
                    REPORT ON ANTITERRORISM ACTIVITIES AND PROTECTION 
                    OF PERSONNEL.

    (a) Protection of Personnel.--The Secretary of Defense 
shall take appropriate actions to ensure that units of the 
Armed Forces engaged in a peace operation are provided adequate 
troop protection equipment for that operation.
---------------------------------------------------------------------------
    \4\ 10 USC 113 note.
---------------------------------------------------------------------------
      (b) Specific Actions.--In taking actions under subsection 
(a), the Secretary shall--
          (1) identify the additional troop protection 
        equipment, if any, required to equip a division (or the 
        equivalent of a division) with adequate troop 
        protection equipment for peace operations; and
          (2) establish procedures to facilitate the exchange 
        or transfer of troop protection equipment among units 
        of the Armed Forces.
      (c) Designation of Responsible Official.--The Secretary 
of Defense shall designate an official within the Department of 
Defense to be responsible for--
          (1) ensuring the appropriate allocation of troop 
        protection equipment among the units of the Armed 
        Forces engaged in peace operations; and
          (2) monitoring the availability, status or condition, 
        and location of such equipment.
      (d) Troop Protection Equipment Defined.--In this section, 
the term ``troop protection equipment'' means the equipment 
required by units of the Armed Forces to defend against any 
hostile threat that is likely during a peace operation, 
including an attack by a hostile crowd, small arms fire, mines, 
and a terrorist bombing attack.
      (e) Report on Antiterrorism Activities of the Department 
of Defense and Protection of Personnel.--Not later than 120 
days after the date of the enactment of this Act, the Secretary 
of Defense shall submit to Congress a report, in classified and 
unclassified form, on antiterrorism activities of the 
Department of Defense and the actions taken by the Secretary 
under subsections (a), (b), and (c). The report shall include 
the following:
          (1) A description of the programs designed to carry 
        out antiterrorism activities of the Department of 
        Defense, any deficiencies in those programs, and any 
        actions taken by the Secretary to improve 
        implementation of such programs.
          (2) An assessment of the current policies and 
        practices of the Department of Defense with respect to 
        the protection of members of the Armed Forces overseas 
        against terrorist attack, including any modifications 
        to such policies or practices that are proposed or 
        implemented as a result of the assessment.
          (3) An assessment of the procedures of the Department 
        of Defense for determining accountability, if any, in 
        the command structure of the Armed Forces in instances 
        in which a terrorist attack results in the loss of life 
        at an overseas military installation or facility.
          (4) A detailed description of the roles of the Office 
        of the Secretary of Defense, the Chairman of the Joint 
        Chiefs of Staff, the Secretaries of the military 
        departments, and the combatant commanders in providing 
        guidance and support with respect to the protection of 
        members of the Armed Forces deployed overseas against 
        terrorist attack (both before and after the November 
        1995 bombing in Riyadh, Saudi Arabia) and how these 
        roles have changed since the June 25, 1996, terrorist 
        bombing at Khobar Towers in Dhahran, Saudi Arabia.
          (5) A description of the actions taken by the 
        Secretary of Defense under subsections (a), (b), and 
        (c) to provide adequate troop protection equipment for 
        units of the Armed Forces engaged in a peace operation.

       5. National Defense Authorization Act for Fiscal Year 1997

    Partial text of Public Law 104-201 [H.R. 3230], 110 Stat. 2422, 
                      approved September 23, 1996

 AN ACT To authorize appropriations for fiscal year 1997 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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 ``National Defense 
Authorization Act for Fiscal Year 1997''.

           *       *       *       *       *       *       *


SEC. 306. AVAILABILITY OF ADDITIONAL FUNDS FOR ANTITERRORISM 
                    ACTIVITIES.

    Of the amount authorized to be appropriated pursuant to 
section 301 for operation and maintenance, $14,000,000 shall be 
available to the Secretary of Defense for activities designed 
to meet the antiterrorism responsibilities of the Department of 
Defense, including activities related to intelligence support, 
physical security measures, and education and training 
regarding antiterrorism. The amount made available by this 
section is in addition to amounts otherwise made available by 
this Act for antiterrorism activities.

           *       *       *       *       *       *       *


       6. National Defense Authorization Act for Fiscal Year 1995

Partial text of Public Law 103-337 [S. 2182], 108 Stat. 2663, approved 
                      October 5, 1994, as amended

 AN ACT To authorize appropriations for fiscal year 1995 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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 ``National Defense 
Authorization Act for Fiscal Year 1995''.



           *       *       *       *       *       *       *
TITLE XIII--MATTERS RELATING TO ALLIES AND OTHER NATIONS

           *       *       *       *       *       *       *


Subtitle C--Matters Relating to Specific Countries

           *       *       *       *       *       *       *


SEC. 1324. SENSE OF CONGRESS CONCERNING THE NORTH KOREAN NUCLEAR 
                    WEAPONS DEVELOPMENT PROGRAM.

    (a) Findings.--Congress makes the following findings:
          (1) Between 1950 and 1953, the United States led a 
        military coalition that successfully repelled an 
        invasion of the Republic of Korea by North Korea, at a 
        cost of more than 54,000 American lives.
          (2) The United States and the Republic of Korea 
        ratified a Mutual Security Treaty in 1954 that commits 
        the United States to helping the Republic of Korea 
        defend itself against external aggression.
          (3) Approximately 37,000 United States military 
        personnel are presently stationed in the Republic of 
        Korea.
          (4) The United States and the Republic of Korea have 
        regularly conducted joint military exercises, including 
        ``Team Spirit'' exercises.
          (5) North Korea has built up an armed force nearly 
        twice the size of that in the Republic of Korea and has 
        not renounced the use of force, terrorism, and 
        subversion in its attempts to subdue and subjugate the 
        Republic of Korea.
          (6) Although North Korea signed the Treaty on the 
        Non-Proliferation of Nuclear Weapons in 1985, it has 
        impeded the international inspection of its nuclear 
        facilities that is required of all signatories of that 
        Treaty.
          (7) North Korea's nuclear weapons and ballistic 
        missile programs represent a grave threat to the 
        security of the Korean peninsula and the entire world.
          (8) Efforts in recent years by the United States to 
        reduce tensions on the Korean peninsula have included--
                  (A) the withdrawal of all nuclear weapons 
                from the territory of the Republic of Korea and 
                a reduction in the number of United States 
                military personnel stationed there;
                  (B) the postponement of the 1994 Team Spirit 
                exercises;
                  (C) the establishment of direct diplomatic 
                contacts with the North Korean government; and
                  (D) the offer of expanded diplomatic and 
                economic contacts with North Korea.
          (9) Weapons-grade plutonium can be extracted from the 
        fuel rods removed from North Korea's principal reactor 
        at Yongbyon.
          (10) International inspectors were not permitted to 
        examine and test in a timely manner spent fuel rods 
        removed from North Korea's principal nuclear reactor at 
        Yongbyon, as required to ensure compliance with North 
        Korea's obligations under the Nuclear Non-Proliferation 
        Treaty.
          (11) Diplomacy concerning the North Korean nuclear 
        program has clearly reached a crucial stage, the 
        unsatisfactory resolution of which would place the 
        international nonproliferation regime in jeopardy and 
        threaten the peace and security of the Korean 
        peninsula, the Northeast Asia region, and, by 
        extension, the rest of the world.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the announced freeze on the North Korean nuclear 
        program should remain in place until internationally 
        agreed-upon safeguards of any North Korean civilian 
        nuclear program can be made fully effective;
          (2) the North Korean government should take a further 
        step toward verified cooperation with the international 
        nonproliferation regime by--
                  (A) permitting the unfettered international 
                inspection and testing of the spent fuel rods 
                removed from North Korea's nuclear reactor at 
                the Yongbyon nuclear complex, followed by 
                adequate international supervision of the 
                transfer of all spent fuel rods from the 
                Yongbyon complex and their disposal in another 
                country; and
                  (B) accepting a comprehensive inspection 
                process as required by the Treaty on the Non-
                Proliferation of Nuclear Weapons;
          (3) a resolution of the inspection controversy at the 
        Yongbyon complex that allows for anything less than the 
        full international inspection of facilities in that 
        complex required by North Korea's obligations under the 
        Nuclear Non-Proliferation Treaty--
                  (A) would be unsatisfactory; and
                  (B) should prompt the Government of the 
                United States to take such action as would 
                indicate the severity with which the United 
                States views this provocation against 
                international norms; and
          (4) such action should include (but not necessarily 
        be limited to)--
                  (A) the seeking of international sanctions 
                against North Korea; and
                  (B) the rescheduling of the Team Spirit 
                exercises for 1994.

           *       *       *       *       *       *       *


TITLE XV--ARMS CONTROL MATTERS

           *       *       *       *       *       *       *


SEC. 1504. AMOUNTS FOR COUNTERPROLIFERATION ACTIVITIES.

           *       *       *       *       *       *       *


    (e) Use of Funds for Technology Development.--(1) Of the 
funds authorized to be appropriated by section 201(4) for 
counterproliferation technology projects--
          (A) up to $5,000,000 shall be available for a program 
        to detect, locate, and disarm weapons of mass 
        destruction that are hidden by a hostile state or 
        terrorist or terrorist group in a confined area outside 
        the United States; and
          (B) * * *
    (2) The Secretary of Defense shall make funds available for 
the program referred to in paragraph (1)(A) in a manner that, 
to the maximum extent practicable, ensures the effective use of 
existing resources of the national weapons laboratories.

           *       *       *       *       *       *       *


       7. National Defense Authorization Act for Fiscal Year 1994

    Partial text of Public Law 103-160 [H.R. 2401], 107 Stat. 1547, 
                 approved November 30, 1993, as amended

 AN ACT To authorize appropriations for fiscal year 1994 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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 ``National Defense 
Authorization Act for Fiscal Year 1994''.

           *       *       *       *       *       *       *


  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
MATTERS

           *       *       *       *       *       *       *


Subtitle E--Other Matters

           *       *       *       *       *       *       *


SEC. 843.\1\ REPORTS BY DEFENSE CONTRACTORS OF DEALINGS WITH TERRORIST 
                    COUNTRIES.

    (a) Report Requirement.--(1) Whenever the Secretary of 
Defense proposes to enter into a contract with any person for 
an amount in excess of $5,000,000 for the provision of goods or 
services to the Department of Defense, the Secretary shall 
require that person--
---------------------------------------------------------------------------
    \1\ 10 U.S.C. 2327 note.
---------------------------------------------------------------------------
          (A) before entering into the contract, to report to 
        the Secretary each commercial transaction which that 
        person has conducted with the government of any 
        terrorist country during the preceding three years or 
        the period since the effective date of this section, 
        whichever is shorter; and
          (B) to report to the Secretary each such commercial 
        transaction which that person conducts during the 
        course of the contract (but not after the date 
        specified in subsection (h)) with the government of any 
        terrorist country.
    (2) The requirement contained in paragraph (1)(B) shall be 
included in the contract with the Department of Defense.
    (b) Regulations.--The Secretary of Defense shall prescribe 
such regulations as may be necessary to carry out this section.
    (c) Annual Report to Congress.--The Secretary of Defense 
shall submit to the Congress each year by December 1 a report 
setting forth those persons conducting commercial transactions 
with terrorist countries that are included in the reports made 
pursuant to subsection (a) during the preceding fiscal year, 
the terrorist countries with which those transactions were 
conducted, and the nature of those transactions. The version of 
the report made available for public release shall exclude 
information exempt from public disclosure under section 552 of 
title 5, United States Code (commonly known as the Freedom of 
Information Act).
    (d) Liability.--This section shall not be interpreted as 
imposing any liability on a person for failure to comply with 
the reporting requirement of subsection (a) if the failure to 
comply is caused solely by an act or omission of a third party.
    (e) Person Defined.--For purposes of this section, the term 
``person'' means a corporate or other business entity proposing 
to enter or entering into a contract covered by this section. 
The term does not include an affiliate or subsidiary of the 
entity.
    (f) Terrorist Country Defined.--A country shall be 
considered to be a terrorist country for purposes of a contract 
covered by this section if the Secretary of State has 
determined pursuant to law, as of the date that is 60 days 
before the date on which the contract is signed, that the 
government of that country is a government that has repeatedly 
provided support for acts of international terrorism.
    (g) Effective Date.--This section shall apply with respect 
to contracts entered into after the expiration of the 90-day 
period beginning on the date of the enactment of this Act, or 
after the expiration of the 30-day period beginning on the date 
of publication in the Federal Register of the final regulations 
referred to in subsection (b), whichever is earlier.
    (h) Termination.--This section expires on September 30, 
1996.

           *       *       *       *       *       *       *


TITLE XVII--CHEMICAL AND BIOLOGICAL WEAPONS DEFENSE

           *       *       *       *       *       *       *


SEC. 1704.\2\ SENSE OF CONGRESS CONCERNING FEDERAL EMERGENCY PLANNING 
                    FOR RESPONSE TO TERRORIST THREATS.

    It is the sense of Congress that the President should 
strengthen Federal interagency emergency planning by the 
Federal Emergency Management Agency and other appropriate 
Federal, State, and local agencies for development of a 
capability for early detection and warning of and response to--
---------------------------------------------------------------------------
    \2\ 50 U.S.C. 1522 note.
---------------------------------------------------------------------------
          (1) potential terrorist use of chemical or biological 
        agents or weapons; and
          (2) emergencies or natural disasters involving 
        industrial chemicals or the widespread outbreak of 
        disease.

       8. National Defense Authorization Act for Fiscal Year 1993

    Partial text of Public Law 102-484 [H.R. 5006], 106 Stat. 2315, 
                 approved October 23, 1992, as amended

 AN ACT To authorize appropriations for fiscal year 1993 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
   personnel strengths for such fiscal year for the Armed Forces, to 
        provide for defense conversion, 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 ``National Defense 
Authorization Act for Fiscal Year 1993''.

           *       *       *       *       *       *       *


         TITLE XIV--DEMILITARIZATION OF THE FORMER SOVIET UNION

                        Subtitle A--Short Title

SEC. 1401.\1\ SHORT TITLE.

    This title may be cited as the ``Former Soviet Union 
Demilitarization Act of 1992''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 5901 note.
---------------------------------------------------------------------------

               Subtitle B--Findings and Program Authority

SEC. 1411.\2\ DEMILITARIZATION OF THE INDEPENDENT STATES OF THE FORMER 
                    SOVIET UNION.

    The Congress finds that it is in the national security 
interest of the United States--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 5901.
---------------------------------------------------------------------------
          (1) to facilitate, on a priority basis--
                  (A) the transportation, storage, 
                safeguarding, and destruction of nuclear and 
                other weapons of the independent states of the 
                former Soviet Union, including the safe and 
                secure storage of fissile materials, 
                dismantlement of missiles and launchers, and 
                the elimination of chemical and biological 
                weapons capabilities;
                  (B) the prevention of proliferation of 
                weapons of mass destruction and their 
                components and destabilizing conventional 
                weapons of the independent states of the former 
                Soviet Union, and the establishment of 
                verifiable safeguards against the proliferation 
                of such weapons;
                  (C) the prevention of diversion of weapons-
                related scientific expertise of the former 
                Soviet Union to terrorist groups or third 
                countries; and
                  (D) other efforts designed to reduce the 
                military threat from the former Soviet Union;
          (2) to support the demilitarization of the massive 
        defense-related industry and equipment of the 
        independent states of the former Soviet Union and 
        conversion of such industry and equipment to civilian 
        purposes and uses; and
          (3) to expand military-to-military contacts between 
        the United States and the independent states of the 
        former Soviet Union.

SEC. 1412.\3\ AUTHORITY FOR PROGRAMS TO FACILITATE DEMILITARIZATION.

    (a) In General.--Notwithstanding any other provision of 
law, the President is authorized, in accordance with this 
title, to establish and conduct programs described in 
subsection (b) to assist the demilitarization of the 
independent states of the former Soviet Union.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 5902.
---------------------------------------------------------------------------
    (b) Types of Programs.--The programs referred to in 
subsection (a) are limited to--
          (1) transporting, storing, safeguarding, and 
        destroying nuclear, chemical, and other weapons of the 
        independent states of the former Soviet Union, as 
        described in section 212(b) of the Soviet Nuclear 
        Threat Reduction Act of 1991 (title II of Public Law 
        102-228);
          (2) establishing verifiable safeguards against the 
        proliferation of such weapons and their components;
          (3) preventing diversion of weapons-related 
        scientific expertise of the former Soviet Union to 
        terrorist groups or third countries;
          (4) facilitating the demilitarization of the defense 
        industries of the former Soviet Union and the 
        conversion of military technologies and capabilities 
        into civilian activities;
          (5) establishing science and technology centers in 
        the independent states of the former Soviet Union for 
        the purpose of engaging weapons scientists, engineers, 
        and other experts previously involved with nuclear, 
        chemical, and other weapons in productive, nonmilitary 
        undertakings; and
          (6) expanding military-to-military contacts between 
        the United States and the independent states of the 
        former Soviet Union.
    (c) United States Participation.--The programs described in 
subsection (b) should, to the extent feasible, draw upon United 
States technology and expertise, especially from the United 
States private sector.
    (d) Restrictions.--United States assistance authorized by 
subsection (a) may not be provided unless the President 
certifies to the Congress, on an annual basis, that the 
proposed recipient country is committed to--
          (1) making a substantial investment of its resources 
        for dismantling or destroying such weapons of mass 
        destruction, if such recipient has an obligation under 
        a treaty or other agreement to destroy or dismantle any 
        such weapons;
          (2) forgoing any military modernization program that 
        exceeds legitimate defense requirements and forgoing 
        the replacement of destroyed weapons of mass 
        destruction;
          (3) forgoing any use in new nuclear weapons of 
        fissionable or other components of destroyed nuclear 
        weapons;
          (4) facilitating United States verification of any 
        weapons destruction carried out under this title or 
        section 212 of the Soviet Nuclear Threat Reduction Act 
        of 1991 (title II of Public Law 102-228);
          (5) complying with all relevant arms control 
        agreements; and
          (6) observing internationally recognized human 
        rights, including the protection of minorities.

           *       *       *       *       *       *       *


                       TITLE XV--NONPROLIFERATION

SEC. 1501. SHORT TITLE.

    This title may be cited as the ``Weapons of Mass 
Destruction Control Act of 1992''.

SEC. 1502. SENSE OF CONGRESS.

    It is the sense of the Congress that--
          (1) the proliferation (A) of nuclear, biological, and 
        chemical weapons (hereinafter in this title referred to 
        as ``weapons of mass destruction'') and related 
        technology and knowledge and (B) of missile delivery 
        systems remains one of the most serious threats to 
        international peace and the national security of the 
        United States in the post-cold war era;
          (2) the proliferation of nuclear weapons, given the 
        extraordinary lethality of those weapons, is of 
        particularly serious concern;
          (3) the nonproliferation policy of the United States 
        should continue to seek to limit both the supply of and 
        demand for weapons of mass destruction and to reduce 
        the existing threat from proliferation of such weapons;
          (4) substantial funding of nonproliferation 
        activities by the United States is essential to 
        controlling the proliferation of all weapons of mass 
        destruction, especially nuclear weapons and missile 
        delivery systems;
          (5) the President's nonproliferation policy statement 
        of June 1992, and his September 10, 1992, initiative to 
        increase funding for nonproliferation activities in the 
        Department of Energy are praiseworthy;
          (6) the Congress is committed to cooperating with the 
        President in carrying out an effective policy designed 
        to control the proliferation of weapons of mass 
        destruction;
          (7) the President should identify a full range of 
        appropriate, high priority nonproliferation activities 
        that can be undertaken by the United States and should 
        include requests for full funding for those activities 
        in the budget submission for fiscal year 1994;
          (8) the Department of Defense and the Department of 
        Energy have unique expertise that can further enhance 
        the effectiveness of international nonproliferation 
        activities;
          (9) under the guidance of the President, the 
        Secretary of Defense and the Secretary of Energy should 
        continue to actively assist in United States 
        nonproliferation activities and in formulating and 
        executing United States nonproliferation policy, 
        emphasizing activities such as improved capabilities 
        (A) to detect and monitor proliferation, (B) to respond 
        to terrorism, theft, and accidents involving weapons of 
        mass destruction, and (C) to assist with interdiction 
        and destruction of weapons of mass destruction and 
        related weapons material; and
          (10) in a manner consistent with United States 
        nonproliferation policy, the Department of Defense and 
        the Department of Energy should continue to maintain 
        and to improve their capabilities to identify, monitor, 
        and respond to proliferation of weapons of mass 
        destruction and missile delivery systems.

           *       *       *       *       *       *       *


SEC. 1505.\4\ INTERNATIONAL NONPROLIFERATION INITIATIVE.

    (a) Assistance for International Nonproliferation 
Activities.--Subject to the limitations and requirements 
provided in this section, the Secretary of Defense, under the 
guidance of the President, may provide assistance to support 
international nonproliferation activities.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 5859a.
---------------------------------------------------------------------------
    (b) Activities for Which Assistance May Be Provided.--
Activities for which assistance may be provided under this 
section are activities such as the following:
          (1) Activities carried out by international 
        organizations that are designed to ensure more 
        effective safeguards against proliferation and more 
        effective verification of compliance with international 
        agreements on nonproliferation.
          (2) Activities of the Department of Defense in 
        support of the United Nations Special Commission on 
        Iraq.
          (3) Collaborative international nuclear security and 
        nuclear safety projects to combat the threat of nuclear 
        theft, terrorism, or accidents, including joint 
        emergency response exercises, technical assistance, and 
        training.
          (4) Efforts to improve international cooperative 
        monitoring of nuclear, biological, chemical, and 
        missile proliferation through technical projects and 
        improved information sharing.
    (c) Form of Assistance.--(1) Assistance under this section 
may include funds and in-kind contributions of supplies, 
equipment, personnel, training, and other forms of assistance.
    (2) Assistance under this section may be provided to 
international organizations in the form of funds only if the 
amount in the ``Contributions to International Organizations'' 
account of the Department of State is insufficient or otherwise 
unavailable to meet the United States fair share of assessments 
for international nuclear nonproliferation activities.

           *       *       *       *       *       *       *


      TITLE XVI--IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992 \5\

SEC. 1601. SHORT TITLE.

    This title may be cited as the ``Iran-Iraq Arms Non-
Proliferation Act of 1992''.
---------------------------------------------------------------------------
    \5\ 50 U.S.C. 1701 note.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.

    (a) Prohibition.--If any person transfers or retransfers 
goods or technology so as to contribute knowingly and 
materially to the efforts by Iran or Iraq (or any agency or 
instrumentality of either such country) to acquire chemical, 
biological, or nuclear weapons or to acquire destabilizing 
numbers and types of advanced conventional weapons, then the 
sanctions described in subsection (b) shall be imposed.
    (b) Mandatory Sanctions.--The sanctions to be imposed 
pursuant to subsection (a) are as follows:
          (1) Procurement sanction.--For a period of two years, 
        the United States Government shall not procure, or 
        enter into any contract for the procurement of, any 
        goods or services from the sanctioned person.
          (2) Export sanction.--For a period of two years, the 
        United States Government shall not issue any license 
        for any export by or to the sanctioned person.

SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.

    (a) Prohibition.--If the President determines that the 
government of any foreign country transfers or retransfers 
goods or technology so as to contribute knowingly and 
materially to the efforts by Iran or Iraq (or any agency or 
instrumentality of either such country) to acquire chemical, 
biological, or nuclear weapons or to acquire destabilizing 
numbers and types of advanced conventional weapons, then--
          (1) the sanctions described in subsection (b) shall 
        be imposed on such country; and
          (2) in addition, the President may apply, in the 
        discretion of the President, the sanction described in 
        subsection (c).
    (b) Mandatory Sanctions.--Except as provided in paragraph 
(2), the sanctions to be imposed pursuant to subsection (a)(1) 
are as follows:
          (1) Suspension of united states assistance.--The 
        United States Government shall suspend, for a period of 
        one year, United States assistance to the sanctioned 
        country.
          (2) Multilateral development bank assistance.--The 
        Secretary of the Treasury shall instruct the United 
        States Executive Director to each appropriate 
        international financial institution to oppose, and vote 
        against, for a period of one year, the extension by 
        such institution of any loan or financial or technical 
        assistance to the sanctioned country.
          (3) Suspension of codevelopment or coproduction 
        agreements.--The United States shall suspend, for a 
        period of one year, compliance with its obligations 
        under any memorandum of understanding with the 
        sanctioned country for the codevelopment or 
        coproduction of any item on the United States Munitions 
        List (established under section 38 of the Arms Export 
        Control Act), including any obligation for 
        implementation of the memorandum of understanding 
        through the sale to the sanctioned country of technical 
        data or assistance or the licensing for export to the 
        sanctioned country of any component part.
          (4) Suspension of military and dual-use technical 
        exchange agreements.--The United States shall suspend, 
        for a period of one year, compliance with its 
        obligations under any technical exchange agreement 
        involving military and dual-use technology between the 
        United States and the sanctioned country that does not 
        directly contribute to the security of the United 
        States, and no military or dual-use technology may be 
        exported from the United States to the sanctioned 
        country pursuant to that agreement during that period.
          (5) United states munitions list.--No item on the 
        United States Munitions List (established pursuant to 
        section 38 of the Arms Export Control Act) may be 
        exported to the sanctioned country for a period of one 
        year.
    (c) Discretionary Sanction.--The sanction referred to in 
subsection (a)(2) is as follows:
          (1) Use of authorities of international emergency 
        economic powers act.--Except as provided in paragraph 
        (2), the President may exercise, in accordance with the 
        provisions of that Act, the authorities of the 
        International Emergency Economic Powers Act with 
        respect to the sanctioned country.
          (2) Exception.--Paragraph (1) does not apply with 
        respect to urgent humanitarian assistance.

       9. National Defense Authorization Act for Fiscal Year 1987

 Partial text of Public Law 99-661 [S. 2638], 100 Stat. 3816, approved 
                     November 14, 1986, as amended

 AN ACT To authorize appropriations for fiscal year 1987 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
   personnel strengths for such fiscal year for the Armed Forces, to 
    improve the defense acquisition process, and for other purposes

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

           *       *       *       *       *       *       *


TITLE XIII--GENERAL PROVISIONS

           *       *       *       *       *       *       *


Part F--Miscellaneous

           *       *       *       *       *       *       *


SEC. 1353. PROMPT REPORTING OF INTELLIGENCE ON TERRORIST THREATS

    (a) In General.--(1) Subject to subsection (b), the 
Secretary of Defense shall instruct all appropriate officials 
of the Department of Defense to take such action as may be 
necessary to ensure that all credible, time-sensitive 
intelligence received by or otherwise available to United 
States officials concerning potential terrorist threats to--
          (A) United States citizens or facilities (including 
        citizens and facilities overseas); or
          (B) any other potential target for terrorist 
        activities designated by the Secretary,
is reported promptly to the headquarters or office of the 
Department of Defense concerned.

           *       *       *       *       *       *       *


           10. Department of Defense Authorization Act, 1986

  Partial text of Public Law 99-145 [S. 1160], 99 Stat. 583, approved 
                      November 8, 1985, as amended

   AN ACT To authorize appropriations for military functions of the 
 Department of Defense and to prescribe military personnel levels for 
 the Department of Defense for fiscal year 1986, to revise and improve 
    military compensation programs, to improve defense procurement 
   procedures, to authorize appropriations for fiscal year 1986 for 
 national security programs of the Department of Energy, and for other 
                                purposes

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

           *       *       *       *       *       *       *


TITLE XIV--GENERAL PROVISIONS

           *       *       *       *       *       *       *


                    Part E--Miscellaneous Provisions

SEC. 1452. SENSE OF CONGRESS CONCERNING PROTECTION OF UNITED STATES 
                    MILITARY PERSONNEL AGAINST TERRORISM

    (a) Finding.--The Congress finds that the protection of 
members of the Armed Forces against terrorist activity is among 
the highest national security concerns of the United States.
    (b) Sense of Congress.--Therefore, it is the sense of 
Congress that--
          (1) the President should be supported in the vigorous 
        exercise of his powers as Commander-in-Chief to protect 
        members of the Armed Forces against terrorist activity; 
        and
          (2) such exercise of power should include the use of 
        such measures as may be appropriate and consistent with 
        law.

SEC. 1453. READINESS OF SPECIAL OPERATIONS FORCES

    (a) Congressional Findings.--The Congress finds that--
          (1) the first duty of the Government is to provide 
        for the common defense, including safeguarding the 
        peace, safety, and security of the citizens of the 
        United States;
          (2) the incidence of terrorist, guerrilla, and other 
        violent threats to citizens and property of the United 
        States has rapidly increased;
          (3) the special operations forces of the Armed Forces 
        provide the United States with immediate and primary 
        capability to respond to terrorism; and
          (4) the special operations forces are the military 
        mainstay of the United States for the purposes of 
        nation-building and training friendly foreign forces in 
        order to preclude deployment or combat involving the 
        conventional or strategic forces of the United States.
    (b) Sense of the Congress.--In view of the findings in 
subsection (a), it is the sense of the Congress that--
          (1) the revitalization of the capability of the 
        special operations forces of the Armed Forces should be 
        pursued as a matter of the highest priority;
          (2) personnel and other resources allocations should 
        reflect the priority referred to in paragraph (1);
          (3) the political and military sensitivity and the 
        importance to national security of the special 
        operations forces require that the Office of the 
        Secretary of Defense should improve its management 
        supervision of such forces in all aspects of the 
        special operations mission area;
          (4) the joint command and control of the special 
        operations forces must permit direct and immediate 
        access by the President and Secretary of Defense; and
          (5) the commanders-in-chief of the unified commands 
        should have available, within their operational areas 
        of responsibility, sufficient special operations assets 
        to execute the operations plans for which they are 
        responsible or to support additional contingency 
        operations directed from the national level.

           *       *       *       *       *       *       *


               11. Foreign Intelligence Surveillance \1\

Title 50, United States Code--War and National Defense

           *       *       *       *       *       *       *


                     CHAPTER 15--NATIONAL SECURITY

            SUBCHAPTER I--COORDINATION FOR NATIONAL SECURITY

Sec. 402. National Security Council

           *       *       *       *       *       *       *


    (i) \2\ Committee on Transnational Threats
---------------------------------------------------------------------------
    \1\ Enacted on October 25, 1978, in sec. 101 and following of the 
Foreign Intelligence Surveillance Act of 1978 (Public Law 95-511; 92 
Stat. 1783).
    \2\ Added by sec. 804 of the Intelligence Authorization Act for 
Fiscal Year 1997 (Public Law 104-293; 110 Stat. 3476).
---------------------------------------------------------------------------
    (1) There is established within the National Security 
Council a committee to be known as the Committee on 
Transnational Threats (in this subsection referred to as the 
``Committee'').
    (2) The Committee shall include the following members:
          (A) The Director of Central Intelligence.
          (B) The Secretary of State.
          (C) The Secretary of Defense.
          (D) The Attorney General.
          (E) The Assistant to the President for National 
        Security Affairs, who shall serve as the chairperson of 
        the Committee.
          (F) Such other members as the President may 
        designate.
    (3) The function of the Committee shall be to coordinate 
and direct the activities of the United States Government 
relating to combatting transnational threats.
    (4) In carrying out its function, the Committee shall--
          (A) identify transnational threats;
          (B) develop strategies to enable the United States 
        Government to respond to transnational threats 
        identified under subparagraph (A);
          (C) monitor implementation of such strategies;
          (D) make recommendations as to appropriate responses 
        to specific transnational threats;
          (E) assist in the resolution of operational and 
        policy differences among Federal departments and 
        agencies in their responses to transnational threats;
          (F) develop policies and procedures to ensure the 
        effective sharing of information about transnational 
        threats among Federal departments and agencies, 
        including law enforcement agencies and the elements of 
        the intelligence community; and
          (G) develop guidelines to enhance and improve the 
        coordination of activities of Federal law enforcement 
        agencies and elements of the intelligence community 
        outside the United States with respect to transnational 
        threats.
    (5) For purposes of this subsection, the term 
``transnational threat'' means the following:
          (A) Any transnational activity (including 
        international terrorism, narcotics trafficking, the 
        proliferation of weapons of mass destruction and the 
        delivery systems for such weapons, and organized crime) 
        that threatens the national security of the United 
        States.
          (B) Any individual or group that engages in an 
        activity referred to in subparagraph (A).

           *       *       *       *       *       *       *


             CHAPTER 36--FOREIGN INTELLIGENCE SURVEILLANCE

                 SUBCHAPTER I--ELECTRONIC SURVEILLANCE

Sec. 1801. Definitions

    As used in this subchapter:
          (a) ``Foreign power'' means--

           *       *       *       *       *       *       *

                  (4) a group engaged in international 
                terrorism \3\ or activities in preparation 
                therefor;
---------------------------------------------------------------------------
    \3\ Note use of the term ``terrorism'' as defined in sec. 1801(c) 
for purposes of this chapter. The term ``terrorism'' appears in the 
chapter in sec. 1801(a)(4).

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
          (b) ``Agent of a foreign power'' means--
                  (1) * * *
                  (2) any person who--
                          (A) knowingly engages in clandestine 
                        intelligence gathering activities for 
                        or on behalf of a foreign power, which 
                        activities involve or may involve a 
                        violation of the criminal statutes of 
                        the United States;
                          (B) pursuant to the direction of an 
                        intelligence service or network of a 
                        foreign power, knowingly engages in any 
                        other clandestine intelligence 
                        activities for or on behalf of such 
                        foreign power, which activities involve 
                        or are about to involve a violation of 
                        the criminal statutes of the United 
                        States;
                          (C) knowingly engages in sabotage or 
                        international terrorism, or activities 
                        that are in preparation therefore, or 
                        on behalf of a foreign power, or
                          (D) knowingly aids or abets any 
                        person in the conduct of activities 
                        described in subparagraph (A), (B), or 
                        (C) or knowingly conspires with any 
                        person to engage in activities 
                        described in subparagraph (A),(B), or 
                        (C).
          (c) ``International terrorism'' means \3\ activities 
        that--
                  (1) involve violent acts or acts dangerous to 
                human life that are a violation of the criminal 
                laws of the United States or of any State, or 
                that would be a criminal violation if committed 
                within the jurisdiction of the United States or 
                any State;
                  (2) appear to be intended--
                          (A) to intimidate or coerce a 
                        civilian population;
                          (B) to influence the policy of a 
                        government by intimidation or coercion; 
                        or
                          (C) to effect the conduct of a 
                        government by assassination or 
                        kidnapping; and
                  (3) occur totally outside the United States, 
                or transcend national boundaries in terms of 
                the means by which they are accomplished, the 
                persons they appear intended to coerce or 
                intimidate, or the locale in which their 
                perpetrators operate or seek asylum.
          (d) * * *
          (e) ``Foreign intelligence information'' means--
                  (1) information that relates to, and if 
                concerning a United States person is necessary 
                to, the ability of the United States to protect 
                against--
                          (A) actual or potential attack or 
                        other grave hostile acts of a foreign 
                        power or an agent of a foreign power;
                          (B) sabotage or international 
                        terrorism by a foreign power or an 
                        agent of a foreign power; or
                          (C) clandestine intelligence 
                        activities by an intelligence service 
                        or network of a foreign power or by an 
                        agent of a foreign power; or
                  (2) information with respect to a foreign 
                power or foreign territory that relates to, and 
                if concerning a United States person is 
                necessary to--
                          (A) the national defense or the 
                        security of the United States; or
                          (B) the conduct of the foreign 
                        affairs of the United States.

           *       *       *       *       *       *       *


Sec. 1841.\4\ Definitions

    As used in this subchapter:
---------------------------------------------------------------------------
    \4\ Added by sec. 601 of the Intelligence Authorization Act for 
Fiscal Year 1999 (Public Law 105-272; 112 Stat. 2404).
---------------------------------------------------------------------------
          (1) The terms ``foreign power'', ``agent of a foreign 
        power'', ``international terrorism'', ``foreign 
        intelligence information'', ``Attorney General'', 
        ``United States person'', ``United States'', 
        ``person'', and ``State'' shall have the same meanings 
        as in section 1801 of this title.
          (2) The terms ``pen register'' and ``trap and trace 
        device'' have the meanings given such terms in section 
        3127 of title 18.
          (3) The term ``aggrieved person'' means any person--
                  (A) whose telephone line was subject to the 
                installation or use of a pen register or trap 
                and trace device authorized by subchapter IV of 
                this chapter; or
                  (B) whose communication instrument or device 
                was subject to the use of a pen register or 
                trap and trace device authorized by subchapter 
                IV to capture incoming electronic or other 
                communications impulses.

Sec. 1842.\4\ Pen registers and trap and trace devices for foreign 
                    intelligence and international terrorism 
                    investigations

    (a)(1) Notwithstanding any other provision of law, the 
Attorney General or a designated attorney for the Government 
may make an application for an order or an extension of an 
order authorizing or approving the installation and use of a 
pen register or trap and trace device for any investigation to 
gather foreign intelligence information or information 
concerning international terrorism which is being conducted by 
the Federal Bureau of Investigation under such guidelines as 
the Attorney General approves pursuant to Executive Order No. 
12333, or a successor order.
    (2) The authority under paragraph (1) is in addition to the 
authorityunder subchapter I of this chapter to conduct the 
electronic surveillance referred to in that paragraph.
    (b) Each application under this section shall be in writing 
under oath or affirmation to--
          (1) a judge of the court established by section 1803 
        of this title; or
          (2) a United States Magistrate Judge under chapter 43 
        of title 28, United States Code, who is publicly 
        designated by the Chief Justice of the United States to 
        have the power to hear applications for and grant 
        orders approving the installation and use of a pen 
        register or trap and trace device on behalf of a judge 
        of that court.
    (c) Each application under this section shall require the 
approval of the Attorney General, or a designated attorney for 
the Government, and shall include--
          (1) the identity of the Federal officer seeking to 
        use the pen register or trap and trace device covered 
        by the application;
          (2) a certification by the applicant that the 
        information likely to be obtained is relevant to an 
        ongoing foreign intelligence or international terrorism 
        investigation being conducted by the Federal Bureau of 
        Investigation under guidelines approved by the Attorney 
        General; and
          (3) information which demonstrates that there is 
        reason to believe that the telephone line to which the 
        pen register or trap and trace device is to be 
        attached, or the communication instrument or device to 
        be covered by the pen register or trap and trace 
        device, has been or is about to be used in 
        communication with--
                  (A) an individual who is engaging or has 
                engaged in international terrorism or 
                clandestine intelligence activities that 
                involve or may involve a violation of the 
                criminal laws of the United States; or
                  (B) a foreign power or agent of a foreign 
                power under circumstances giving reason to 
                believe that the communication concerns or 
                concerned international terrorism or 
                clandestine intelligence activities that 
                involve or may involve a violation of the 
                criminal laws of the United States.
    (d)(1) Upon an application made pursuant to this section, 
the judge shall enter an ex parte order as requested, or as 
modified, approving the installation and use of a pen register 
or trap and trace device if the judge finds that the 
application satisfies the requirements of this section.
    (2) An order issued under this section--
          (A) shall specify--
                  (i) the identity, if known, of the person who 
                is the subject of the foreign intelligence or 
                international terrorism investigation;
                  (ii) in the case of an application for the 
                installation and use of a pen register or trap 
                and trace device with respect to a telephone 
                line--
                          (I) the identity, if known, of the 
                        person to whom is leased or in whose 
                        name the telephone line is listed; and
                          (II) the number and, if known, 
                        physical location of the telephone 
                        line; and
                  (iii) in the case of an application for the 
                use of a pen register or trap and trace device 
                with respect to a communication instrument or 
                device not covered by clause (ii)--
                          (I) the identity, if known, of the 
                        person who owns or leases the 
                        instrument or device or in whose name 
                        the instrument or device is listed; and
                          (II) the number of the instrument or 
                        device; and
          (B) shall direct that--
                  (i) upon request of the applicant, the 
                provider of a wire or electronic communication 
                service, landlord, custodian, or other person 
                shall furnish any information, facilities, or 
                technical assistance necessary to accomplish 
                the installation and operation of the pen 
                register or trap and trace device in such a 
                manner as will protect its secrecy and produce 
                a minimum amount of interference with the 
                services that such provider, landlord, 
                custodian, or other person is providing the 
                person concerned;
                  (ii) such provider, landlord, custodian, or 
                other person--
                          (I) shall not disclose the existence 
                        of the investigation or of the pen 
                        register or trap and trace device to 
                        any person unless or until ordered by 
                        the court; and
                          (II) shall maintain, under security 
                        procedures approved by the Attorney 
                        General and the Director of Central 
                        Intelligence pursuant to section 
                        1805(b)(2)(C) of this title, any 
                        records concerning the pen register or 
                        trap and trace device or the aid 
                        furnished; and
                          (iii) the applicant shall compensate 
                        such provider, landlord, custodian, or 
                        other person for reasonable expenses 
                        incurred by such provider, landlord, 
                        custodian, or other person in providing 
                        such information, facilities, or 
                        technical assistance.
    (e) An order issued under this section shall authorize the 
installation and use of a pen register or trap and trace device 
for a period not to exceed 90 days. Extensions of such an order 
may be granted, but only upon an application for an order under 
this section and upon the judicial finding required by 
subsection (d). The period of extension shall be for a period 
not to exceed 90 days.
    (f) No cause of action shall lie in any court against any 
provider of a wire or electronic communication service, 
landlord, custodian, or other person (including any officer, 
employee, agent, or other specified person thereof) that 
furnishes any information, facilities, or technical assistance 
under subsection (d) in accordance with the terms of a court 
under this section.
    (g) Unless otherwise ordered by the judge, the results of a 
pen register or trap and trace device shall be furnished at 
reasonable intervals during regular business hours for the 
duration of the order to the authorized Government official or 
officials.

Sec. 1843.\4\ Authorization during emergencies

    (a) Notwithstanding any other provision of this subchapter, 
when the Attorney General makes a determination described in 
subsection (b), the Attorney General may authorize the 
installation and use of a pen register or trap and trace device 
on an emergency basis to gather foreign intelligence 
information or information concerning international terrorism 
if--
          (1) a judge referred to in section 1842(b) of this 
        title is informed by the Attorney General or his 
        designee at the time of such authorization that the 
        decision has been made to install and use the pen 
        register or trap and trace device, as the case may be, 
        on an emergency basis; and
          (2) an application in accordance with section 
        1842(a)(1) of this title is made to such judge as soon 
        as practicable, but not more than 48 hours, after the 
        Attorney General authorizes the installation and use of 
        the pen register or trap and trace device, as the case 
        may be, under this section.
    (b) A determination under this subsection is a reasonable 
determination by the Attorney General that--
          (1) an emergency requires the installation and use of 
        a pen register or trap and trace device to obtain 
        foreign intelligence information or information 
        concerning international terrorism before an order 
        authorizing the installation and use of the pen 
        register or trap and trace device, as the case may be, 
        can with due diligence be obtained under section 1842 
        of this title; and
          (2) the factual basis for issuance of an order under 
        such section 1842(c) of this title to approve the 
        installation and use of the pen register or trap and 
        trace device, as the case may be, exists.
    (c)(1) In the absence of an order applied for under 
subsection (a)(2) approving the installation and use of a pen 
register or trap and trace device authorized under this 
section, the installation and use of the pen register or trap 
and trace device, as the case may be, shall terminate at the 
earlier of--
          (A) when the information sought is obtained;
          (B) when the application for the order is denied 
        under section 1842 of this title; or
          (C) 48 hours after the time of the authorization by 
        the Attorney General.
    (2) In the event that an application for an order applied 
for under subsection (a)(2) is denied, or in any other case 
where the installation and use of a pen register or trap and 
trace device under this section is terminated and no order 
under section 1842(b)(2) of this title is issued approving the 
installation and use of the pen register or trap and trace 
device, as the case may be, no information obtained or evidence 
derived from the use of the pen register or trap and trace 
device, as the case may be, shall be received in evidence or 
otherwise disclosed in any trial, hearing, or other proceeding 
in or before any court, grand jury, department, office, agency, 
regulatory body, legislative committee, or other authority of 
the United States, a State, or political subdivision thereof, 
and no information concerning any United States person acquired 
from the use of the pen register or trap and trace device, as 
the case may be, shall subsequently be used or disclosed in any 
other manner by Federal officers or employees without the 
consent of such person, except with the approval of the 
Attorney General if the information indicates a threat of death 
or serious bodily harm to any person.

Sec. 1844.\4\ Authorization during time of war

    Notwithstanding any other provision of law, the President, 
through the Attorney General, may authorize the use of a pen 
register or trap and trace device without a court order under 
this subchapter to acquire foreign intelligence information for 
a period not to exceed 15 calendar days following a declaration 
of war by Congress.

Sec. 1845.\4\ Use of information

    (a)(1) Information acquired from the use of a pen register 
or trap and trace device installed pursuant to this subchapter 
concerning any United States person may be used and disclosed 
by Federal officers and employees without the consent of the 
United States person only in accordance with the provisions of 
this section.
    (2) No information acquired from a pen register or trap and 
trace device installed and used pursuant to this subchapter may 
be used or disclosed by Federal officers or employees except 
for lawful purposes.
    (b) No information acquired pursuant to this subchapter 
shall be disclosed for law enforcement purposes unless such 
disclosure is accompanied by a statement that such information, 
or any information derived therefrom, may only be used in a 
criminal proceeding with the advance authorization of the 
Attorney General.
    (c) Whenever the United States intends to enter into 
evidence or otherwise use or disclose in any trial, hearing, or 
other proceeding in or before any court, department, officer, 
agency, regulatory body, or other authority of the United 
States against an aggrieved person any information obtained or 
derived from the use of a pen register or trap and trace device 
pursuant to this subchapter, the United States shall, before 
the trial, hearing, or the other proceeding or at a reasonable 
time before an effort to so disclose or so use that information 
or submit it in evidence, notify the aggrieved person and the 
court or other authority in which the information is to be 
disclosed or used that the United States intends to so disclose 
or so use such information.
    (d) Whenever any State or political subdivision thereof 
intends to enter into evidence or otherwise use or disclose in 
any trial, hearing, or other proceeding in or before any court, 
department, officer, agency, regulatory body, or other 
authority of the State or political subdivision thereof against 
an aggrieved person any information obtained or derived from 
the use of a pen register or trap and trace device pursuant to 
this subchapter, the State or political subdivision thereof 
shall notify the aggrieved person, the court or other authority 
in which the information is to be disclosed or used, and the 
Attorney General that the State or political subdivision 
thereof intends to so disclose or so use such information.
    (e)(1) Any aggrieved person against whom evidence obtained 
or derived from the use of a pen register or trap and trace 
device is to be, or has been, introduced or otherwise used or 
disclosed in any trial, hearing, or other proceeding in or 
before any court, department, officer, agency, regulatory body, 
or other authority of the United States, or a State or 
political subdivision thereof, may move to suppress the 
evidence obtained or derived from the use of the pen register 
or trap and trace device, as the case may be, on the grounds 
that--
          (A) the information was unlawfully acquired; or
          (B) the use of the pen register or trap and trace 
        device, as the case may be, was not made in conformity 
        with an order of authorization or approval under this 
        subchapter.
    (2) A motion under paragraph (1) shall be made before the 
trial, hearing, or other proceeding unless there was no 
opportunity to make such a motion or the aggrieved person 
concerned was not aware of the grounds of the motion.
    (f)(1) Whenever a court or other authority is notified 
pursuant to subsection (c) or (d), whenever a motion is made 
pursuant to subsection (e), or whenever any motion or request 
is made by an aggrieved person pursuant to any other statute or 
rule of the United States or any State before any court or 
other authority of the United States or any State to discover 
or obtain applications or orders or other materials relating to 
the use of a pen register or trap and trace device authorized 
by this subchapter IV of this chapter or to discover, obtain, 
or suppress evidence or information obtained or derived from 
the use of a pen register or trap and trace device authorized 
by subchapter IV of the chapter, the United States district 
court or, where the motion is made before another authority, 
the United States district court in the same district as the 
authority shall, notwithstanding any other provision of law and 
if the Attorney General files an affidavit under oath that 
disclosure or any adversary hearing would harm the national 
security of the United States, review in camera and ex parte 
the application, order, and such other materials relating to 
the use of the pen register or trap and trace device, as the 
case may be, as may be necessary to determine whether the use 
of the pen register or trap and trace device, as the case may 
be, was lawfully authorized and conducted.
    (2) In making a determination under paragraph (1), the 
court may disclose to the aggrieved person, under appropriate 
security procedures and protective orders, portions of the 
application, order, or other materials relating to the use of 
the pen register or trap and trace device, as the case may be, 
or may require the Attorney General to provide to the aggrieved 
person a summary of such materials, only where such disclosure 
is necessary to make an accurate determination of the legality 
of the use of the pen register or trap and trace device, as the 
case may be.
    (g)(1) If the United States district court determines 
pursuant to subsection (f) that the use of a pen register or 
trap and trace device was not lawfully authorized or conducted, 
the court may, in accordance with the requirements of law, 
suppress the evidence which was unlawfully obtained or derived 
from the use of the pen register or trap and trace device, as 
the case may be, or otherwise grant the motion of the aggrieved 
person.
    (2) If the court determines that the use of the pen 
register or trap and trace device, as the case may be, was 
lawfully authorized or conducted, it may deny the motion of the 
aggrieved person except to the extent that due process requires 
discovery or disclosure.
    (h) Orders granting motions or requests under subsection 
(g), decisions under this section that the use of a pen 
register or trap and trace device was not lawfully authorized 
or conducted, and orders of the United States district court 
requiring review or granting disclosure of applications, 
orders, or other materials relating to the installation and use 
of a pen register or trap and trace device shall be final 
orders and binding upon all courts of the United States and the 
several States except a United States Court of Appeals or the 
Supreme Court.

Sec. 1846.\4\ Congressional oversight

    (a) On a semiannual basis, the Attorney General shall fully 
inform the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on 
Intelligence of the Senate concerning all uses of pen registers 
and trap and trace devices pursuant to this subchapter.
    (b) On a semiannual basis, the Attorney General shall also 
provide to the committees referred to in subsection (a) and to 
the Committees on the Judiciary of the House of Representatives 
and the Senate a report setting forth with respect to the 
preceding 6-month period--
          (1) the total number of applications made for orders 
        approving the use of pen registers or trap and trace 
        devices under this subchapter; and
          (2) the total number of such orders either granted, 
        modified, or denied.

     SUBCHAPTER IV--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN 
                         INTELLIGENCE PURPOSES

Sec. 1861.\5\ Definitions

    As used in this subchapter:
---------------------------------------------------------------------------
    \5\ Added by sec. 602 of the Intelligence Authorization Act for 
Fiscal Year 1999 (Public Law 105-272; 112 Stat. 2410).
---------------------------------------------------------------------------
          (1) The terms ``foreign power'', ``agent of a foreign 
        power'', ``foreign intelligence information'', 
        ``international terrorism'', and ``Attorney General'' 
        shall have the same meanings as in section 1801 of this 
        title.
          (2) The term ``common carrier'' means any person or 
        entity transporting people or property by land, rail, 
        water, or air for compensation.
          (3) The term ``physical storage facility'' means any 
        business or entity that provides space for the storage 
        of goods or materials, or services related to the 
        storage of goods or materials, to the public or any 
        segment thereof.
          (4) The term ``public accommodation facility'' means 
        any inn, hotel, motel, or other establishment that 
        provides lodging to transient guests.
          (5) The term ``vehicle rental facility'' means any 
        person or entity that provides vehicles for rent, 
        lease, loan, or other similar use to the public or any 
        segment thereof.

Sec. 1862.\5\ Access to certain business records for foreign 
                    intelligence andinternational terrorism 
                    investigations

    (a) The Director of the Federal Bureau of Investigation or 
a designee of the Director (whose rank shall be no lower than 
Assistant Special Agent in Charge) may make an application for 
an order authorizing a common carrier, public accommodation 
facility, physical storage facility, or vehicle rental facility 
to release records in its possession for an investigation to 
gather foreign intelligence information or an investigation 
concerning international terrorism which investigation is being 
conducted by the Federal Bureau of Investigation under such 
guidelines as the Attorney General approves pursuant to 
Executive Order No. 12333, or a successor order.
    (b) Each application under this section--
          (1) shall be made to--
                  (A) a judge of the court established by 
                section 1803(a) of this title; or
                  (B) a United States Magistrate Judge under 
                chapter 43 of title 28, United States Code, who 
                is publicly designated by the Chief Justice of 
                the United States to have the power to hear 
                applications and grant orders for the release 
                of records under this section on behalf of a 
                judge of that court; and
          (2) shall specify that--
                  (A) the records concerned are sought for an 
                investigation described in subsection (a); and
                  (B) there are specific and articulable facts 
                giving reason to believe that the person to 
                whom the records pertain is a foreign power or 
                an agent of a foreign power.
    (c)(1) Upon application made pursuant to this section, the 
judge shall enter an ex parte order as requested, or as 
modified, approving the release of records if the judge finds 
that the application satisfies the requirements of this 
section.
    (2) An order under this subsection shall not disclose that 
it is issued for purposes of an investigation described in sub-
section (a).
    (d)(1) Any common carrier, public accommodation facility, 
physical storage facility, or vehicle rental facility shall 
comply with an order under subsection (c).
    (2) No common carrier, public accommodation facility, 
physical storage facility, or vehicle rental facility, or 
officer, employee, or agent thereof, shall disclose to any 
person (other than those officers, agents, or employees of such 
common carrier, public accommodation facility, physical storage 
facility, or vehicle rental facility necessary to fulfill the 
requirement to disclose information to the Federal Bureau of 
Investigation under this section) that the Federal Bureau of 
Investigation has sought or obtained records pursuant to an 
order under this section.

Sec. 1863.\5\ Congressional oversight

    (a) On a semiannual basis, the Attorney General shall fully 
inform the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on 
Intelligence of the Senate concerning all requests for records 
under this subchapter.
    (b) On a semiannual basis, the Attorney General shall 
provide to the Committees on the Judiciary of the House of 
Representatives and the Senate a report setting forth with 
respect to the preceding 6-month period--
          (1) the total number of applications made for orders 
        approving requests for records under this subchapter; 
        and
          (2) the total number of such orders either granted, 
        modified, or denied.

        12. Intelligence Authorization Act for Fiscal Year 1996

Partial text of Public Law 104-93 [H.R. 1655], 109 Stat. 961, approved 
                            January 6, 1996

      AN ACT To authorize appropriations for fiscal year 1996 for 
 intelligence and intelligence-related activities of the United States 
     Government, the Community Management Account, and the Central 
  Intelligence Agency Retirement and Disability System, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the 
``Intelligence Authorization Act for Fiscal Year 1996''.
    (b) Table of Contents.--* * *

           *       *       *       *       *       *       *


TITLE III--GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 310. ASSISTANCE TO FOREIGN COUNTRIES.

    Notwithstanding any other provision of law, funds 
authorized to be appropriated by this Act may be used to 
provide assistance to a foreign country for counterterrorism 
efforts if--
          (1) such assistance is provided for the purpose of 
        protecting the property of the United States Government 
        or the life and property of any United States citizen, 
        or furthering the apprehension of any individual 
        involved in any act of terrorism against such property 
        or persons; and
          (2) the Committee on Intelligence of the Senate and 
        the Permanent Select Committee on Intelligence of the 
        House of Representatives are notified not later than 15 
        days prior to the provision of such assistance.

           *       *       *       *       *       *       *

=======================================================================




                   E. TRADE AND FINANCIAL LEGISLATION

                                CONTENTS

                                                                   Page

 1. Trade Act of 1974, as amended (Public Law 93-618) (partial 
    text)........................................................   277
      Section 502--Beneficiary Developing Country................   277
 2. Export Administration Act of 1979, as amended (Public Law 96-
    72) (partial text)...........................................   282
      Section 3(8)--Declaration of Policy........................   282
      Section 6(a)--Foreign Policy Controls: Authority...........   282
      Section 6(f)--Foreign Policy Controls: Consultation with 
          the Congress...........................................   283
      Section 6(j)--Foreign Policy Controls: Countries Supporting 
          International Terrorism................................   285
      Section 6(1)--Foreign Policy Controls: Missile Technology..   287
      Section 11C--Chemical and Biological Weapons Proliferation 
          Sanctions: Imposition of Sanctions.....................   287
      Section 14--Annual Report..................................   288
 3. Trade Expansion Act of 1969, as amended (Public Law 87-794) 
    (partial text)...............................................   291
      Section 232--Safeguarding National Security................   291
      Section 233 --Import Sanctions for Export Violations.......   294
 4. Trading With The Enemy Act, as amended (Public Law 65-91) 
    (partial text)...............................................   295
      Section 5(b)--[Presidential Authority].....................   295
 5. International Emergency Economic Powers Act, as amended 
    (Public Law 95-223) (partial text)...........................   298
      Title II--International Emergency Economic Powers..........   298
 6. Export-Import Bank Act of 1945, as amended (Public Law 79-
    173) (partial text)..........................................   303
       Section 2(b)(1)--[U.S. Policy]............................   303
 7. Internal Revenue Code........................................   308
      a. Federal Income Tax Forgiveness for U.S. Military and 
          Civilian Employees Killed Overseas (Title 26, United 
          States Code)...........................................   308
            Section 692(c)--Certain Military or Civilian 
                Employees of the United States Dying as a Result 
                of Injuries Sustained Overseas...................   308
      b. Denial of Foreign Tax Credit (Title 26, United States 
          Code)..................................................   310
            Section 901(j)--Denial of Foreign Tax Credit, etc., 
                with Respect to Certain Foreign Countries........   310
 8. Bretton Woods Agreements Act Amendments, 1978, as amended 
    (Public Law 95-435) (partial text)...........................   312
      Section 6--[Instructions from the Secretary of State]......   312
 9. International Financial Institutions Act, as amended (Public 
    Law 95-118) (partial text)...................................   313
      Title VII--Human Rights....................................   313
10. Inter-American Development Bank Act, as amended (Public Law 
    86-147) (partial text).......................................   315
      Section 37--[Authorization to Contribute to the 
          Multilateral Investment Fund]..........................   315

=======================================================================

                    1. Trade Act of 1974, as amended

Partial text of Public Law 93-618 [H.R. 10710], 88 Stat. 1978, approved 
                      January 3, 1975, as amended

 AN ACT To promote the development of an open, nondiscriminatory, and 
  fair world economic system, to stimulate fair and free competition 
 between the United States and foreign nations, to foster the economic 
  growth of, and full employment in, the United States, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act, with the following table of contents, may be cited as the 
``Trade Act of 1974''.\1\
---------------------------------------------------------------------------
    \1\ 19 U.S.C. 2101.
    \2\ Sec. 1952(a) of the GSP Renewal Act of 1996 (in subtitle J of 
title I of the Small Business Job Protection Act of 1996; Public Law 
104-188; 110 Stat. 1917) amended and restated title V in its entirety, 
applicable after October 1, 1996.

           *       *       *       *       *       *       *

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TITLE V--GENERALIZED SYSTEM OF PREFERENCES \2\

           *       *       *       *       *       *       *


SEC. 502.\3\ DESIGNATION OF BENEFICIARY DEVELOPING COUNTRIES.

    (a) Authority To Designate Countries.--
---------------------------------------------------------------------------
    \3\ 19 U.S.C. 2462.
---------------------------------------------------------------------------
          (1) Beneficiary developing countries.--The President 
        is authorized to designate countries as beneficiary 
        developing countries for purposes of this title.
          (2) Least-developed beneficiary developing 
        countries.--The President is authorized to designate 
        any beneficiary developing country as a least-developed 
        beneficiary developing country for purposes of this 
        title, based on the considerations in section 501 and 
        subsection (c) of this section.
    (b) Countries Ineligible for Designation.--
          (1) Specific countries.--The following countries may 
        not be designated as beneficiary developing countries 
        for purposes of this title:
                  (A) Australia.
                  (B) Canada.
                  (C) European Union member states.
                  (D) Iceland.
                  (E) Japan.
                  (F) Monaco.
                  (G) New Zealand.
                  (H) Norway.
                  (I) Switzerland.
          (2) Other bases for ineligibility.--The President 
        shall not designate any country a beneficiary 
        developing country under this title if any of the 
        following applies:
                  (A) Such country is a Communist country, 
                unless--
                          (i) the products of such country 
                        receive nondiscriminatory treatment,
                          (ii) such country is a WTO Member (as 
                        such term is defined in section 2(10) 
                        of the Uruguay Round Agreements Act) 
                        (19 U.S.C. 3501(10)) and a member of 
                        the International Monetary Fund, and
                          (iii) such country is not dominated 
                        or controlled by international 
                        communism.
                  (B) Such country is a party to an arrangement 
                of countries and participates in any action 
                pursuant to such arrangement, the effect of 
                which is--
                          (i) to withhold supplies of vital 
                        commodity resources from international 
                        trade or to raise the price of such 
                        commodities to an unreasonable level, 
                        and
                          (ii) to cause serious disruption of 
                        the world economy.
                  (C) Such country affords preferential 
                treatment to the products of a developed 
                country, other than the United States, which 
                has, or is likely to have, a significant 
                adverse effect on United States commerce.
                  (D)(i) Such country--
                          (I) has nationalized, expropriated, 
                        or otherwise seized ownership or 
                        control of property, including patents, 
                        trademarks, or copyrights, owned by a 
                        United States citizen or by a 
                        corporation, partnership, or 
                        association which is 50 percent or more 
                        beneficially owned by United States 
                        citizens,
                          (II) has taken steps to repudiate or 
                        nullify an existing contract or 
                        agreement with a United States citizen 
                        or a corporation, partnership, or 
                        association which is 50 percent or more 
                        beneficially owned by United States 
                        citizens, the effect of which is to 
                        nationalize, expropriate, or otherwise 
                        seize ownership or control of property, 
                        including patents, trademarks, or 
                        copyrights, so owned, or
                          (III) has imposed or enforced taxes 
                        or other exactions, restrictive 
                        maintenance or operational conditions, 
                        or other measures with respect to 
                        property, including patents, 
                        trademarks, or copyrights, so owned, 
                        the effect of which is to nationalize, 
                        expropriate, or otherwise seize 
                        ownership or control of such property, 
                        unless clause (ii) applies.
                  (ii) This clause applies if the President 
                determines that--
                          (I) prompt, adequate, and effective 
                        compensation has been or is being made 
                        to the citizen, corporation, 
                        partnership, or association referred to 
                        in clause (i),
                          (II) good faith negotiations to 
                        provide prompt, adequate, and effective 
                        compensation under the applicable 
                        provisions of international law are in 
                        progress, or the country described in 
                        clause (i) is otherwise taking steps to 
                        discharge its obligations under 
                        international law with respect to such 
                        citizen, corporation, partnership, or 
                        association, or
                          (III) a dispute involving such 
                        citizen, corporation, partnership, or 
                        association over compensation for such 
                        a seizure has been submitted to 
                        arbitration under the provisions of the 
                        Convention for the Settlement of 
                        Investment Disputes, or in another 
                        mutually agreed upon forum,
                and the President promptly furnishes a copy of 
                such determination to the Senate and House of 
                Representatives.
                  (E) Such country fails to act in good faith 
                in recognizing as binding or in enforcing 
                arbitral awards in favor of United States 
                citizens or a corporation, partnership, or 
                association which is 50 percent or more 
                beneficially owned by United States citizens, 
                which have been made by arbitrators appointed 
                for each case or by permanent arbitral bodies 
                to which the parties involved have submitted 
                their dispute.
                  (F) \4\ Such country aids or abets, by 
                granting sanctuary from prosecution to, any 
                individual or group which has committed an act 
                of international terrorism or the Secretary of 
                State makes a determination with respect to 
                such country under section 6(j)(1)(A) of the 
                Export Administration Act of 1979.
---------------------------------------------------------------------------
    \4\ Sec. 35(a) of Public Law 104-295 (110 Stat. 3538) amended and 
restated subpara. (F), effective October 1, 1996. It formerly read as 
follows: ``Such country aids or abets, by granting sanctuary from 
prosecution to, any individual or group which has committed an act of 
international terrorism.''.
---------------------------------------------------------------------------
                  (G) Such country has not taken or is not 
                taking steps to afford internationally 
                recognized worker rights to workers in the 
                country (including any designated zone in that 
                country).
        Subparagraphs (D), (E), (F), and (G) shall not prevent 
        the designation of any country as a beneficiary 
        developing country under this title if the President 
        determines that such designation will be in the 
        national economic interest of the United States and 
        reports such determination to the Congress with the 
        reasons therefor.
    (c) Factors Affecting Country Designation.--In determining 
whether to designate any country as a beneficiary developing 
country under this title, the President shall take into 
account--
          (1) an expression by such country of its desire to be 
        so designated;
          (2) the level of economic development of such 
        country, including its per capita gross national 
        product, the living standards of its inhabitants, and 
        any other economic factors which the President deems 
        appropriate;
          (3) whether or not other major developed countries 
        are extending generalized preferential tariff treatment 
        to such country;
          (4) the extent to which such country has assured the 
        United States that it will provide equitable and 
        reasonable access to the markets and basic commodity 
        resources of such country and the extent to which such 
        country has assured the United States that it will 
        refrain from engaging in unreasonable export practices;
          (5) the extent to which such country is providing 
        adequate and effective protection of intellectual 
        property rights;
          (6) the extent to which such country has taken action 
        to--
                  (A) reduce trade distorting investment 
                practices and policies (including export 
                performance requirements); and
                  (B) reduce or eliminate barriers to trade in 
                services; and
          (7) whether or not such country has taken or is 
        taking steps to afford to workers in that country 
        (including any designated zone in that country) 
        internationally recognized worker rights.
    (d) Withdrawal, Suspension, or Limitation of Country 
Designation.--
          (1) In general.--The President may withdraw, suspend, 
        or limit the application of the duty-free treatment 
        accorded under this title with respect to any country. 
        In taking any action under this subsection, the 
        President shall consider the factors set forth in 
        section 501 and subsection (c) of this section.
          (2) Changed circumstances.--The President shall, 
        after complying with the requirements of subsection 
        (f)(2), withdraw or suspend the designation of any 
        country as a beneficiary developing country if, after 
        such designation, the President determines that as the 
        result of changed circumstances such country would be 
        barred from designation as a beneficiary developing 
        country under subsection (b)(2). Such country shall 
        cease to be a beneficiary developing country on the day 
        on which the President issues an Executive order or 
        Presidential proclamation revoking the designation of 
        such country under this title.
          (3) Advice to congress.--The President shall, as 
        necessary, advise the Congress on the application of 
        section 501 and subsection (c) of this section, and the 
        actions the President has taken to withdraw, to 
        suspend, or to limit the application of duty-free 
        treatment with respect to any country which has failed 
        to adequately take the actions described in subsection 
        (c).
    (e) Mandatory Graduation of Beneficiary Developing 
Countries.--If the President determines that a beneficiary 
developing country has become a ``high income'' country, as 
defined by the official statistics of the International Bank 
for Reconstruction and Development, then the President shall 
terminate the designation of such country as a beneficiary 
developing country for purposes of this title, effective on 
January 1 of the second year following the year in which such 
determination is made.
    (f) Congressional Notification.--
          (1) Notification of designation.--
                  (A) In general.--Before the President 
                designates any country as a beneficiary 
                developing country under this title, the 
                President shall notify the Congress of the 
                President's intention to make such designation, 
                together with the considerations entering into 
                such decision.
                  (B) Designation as least-developed 
                beneficiary developing country.--At least 60 
                days before the President designates any 
                country as a least-developed beneficiary 
                developing country, the President shall notify 
                the Congress of the President's intention to 
                make such designation.
          (2) Notification of termination.--If the President 
        has designated any country as a beneficiary developing 
        country under this title, the President shall not 
        terminate such designation unless, at least 60 days 
        before such termination, the President has notified the 
        Congress and has notified such country of the 
        President's intention to terminate such designation, 
        together with the considerations entering into such 
        decision.

           *       *       *       *       *       *       *


                2. Export Administration Act of 1979 \1\

Partial text of Public Law 96-72 [S. 737], 93 Stat. 503, approved 
    September 29, 1979, as amended



          Note.--The Export Administration Act of 1979 replaced 
        the Export Administration Act of 1969, as amended, 
        which expired on September 30, 1979. The Export 
        Administration Act of 1979 was comprehensively amended 
        by the Export Administration Amendments Act of 1985 
        [Public Law 99-64; 99 Stat. 120].




    AN ACT To provide authority to regulate exports, to improve the 
efficiency of export regulation, and to minimize interference with the 
                     ability to engage in commerce.

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

                              short title

    Section 1.\1\ This Act may be cited as the ``Export 
Administration Act of 1979''.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. app. 2401 note.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

                         declaration of policy

    Sec. 3.\2\ The Congress makes the following declarations:
---------------------------------------------------------------------------
    \2\ 50 U.S.C. app. 2402.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
          (8) It is the policy of the United States to use 
        export controls to encourage other countries to take 
        immediate steps to prevent the use of their territories 
        or resources to aid, encourage, or give sanctuary to 
        those persons involved in directing, supporting, or 
        participating in acts of international terrorism. To 
        achieve this objective, the President shall make 
        reasonable and prompt efforts to secure the removal or 
        reduction of such assistance to international 
        terrorists through international cooperation and 
        agreement before imposing export controls.

           *       *       *       *       *       *       *


                        foreign policy controls

    Sec. 6.\3\ (a) Authority.--(1) In order to carry out the 
policy set forth in paragraph (2)(B), (7), (8), or (13) of 
section 3 of this Act, the President may prohibit or curtail 
the exportation of any goods, technology, or other information 
subject to the jurisdiction of the United States or exported by 
any person subject to the jurisdiction of the United States, to 
the extent necessary to further significantly the foreign 
policy of the United States or to fulfill its declared 
international obligations. The authority granted by this 
subsection shall be exercised by the Secretary, in consultation 
with the Secretary of State, the Secretary of Defense, the 
Secretary of Agriculture, the Secretary of the Treasury, the 
United States Trade Representative, and such other departments 
and agencies as the Secretary considers appropriate, and shall 
be implemented by means of export licenses issued by the 
Secretary.
---------------------------------------------------------------------------
    \3\ 50 U.S.C. app. 2405.
---------------------------------------------------------------------------
    (2) Any export control imposed under this section shall 
apply to any transaction or activity undertaken with the intent 
to evade that export control, even if that export control would 
not otherwise apply to that transaction or activity.
    (3) Export controls maintained for foreign policy purposes 
shall expire on December 31, 1979, or one year after 
imposition, whichever is later, unless extended by the 
President in accordance with subsections (b) and (f). Any such 
extension and any subsequent extension shall not be for a 
period of more than a year.
    (4) Whenever the Secretary denies any export license under 
this subsection, the Secretary shall specify in the notice to 
the applicant of the denial of such license that the license 
was denied under the authority contained in this subsection, 
and the reasons for such denial, with reference to the criteria 
set forth in subsection (b) of this section. The Secretary 
shall also include in such notice what, if any, modifications 
in or restrictions on the goods or technology for which the 
license was sought would allow such export to be compatible 
with controls implemented under this section, or the Secretary 
shall indicate in such notice which officers and employees of 
the Department of Commerce who are familiar with the 
application will be made reasonably available to the applicant 
for consultation with regard to such modifications or 
restrictions, if appropriate.
    (5) In accordance with the provisions of section 10 of this 
Act, the Secretary of State shall have the right to review any 
export license application under this section which the 
Secretary of State requests to review.
  (6) Before imposing, expanding, or extending export controls 
under this section on exports to a country which can use goods, 
technology, or information available from foreign sources and 
so incur little or no economic costs as a result of the 
controls, the President should, through diplomatic means, 
employ alternatives to export controls which offer 
opportunities of distinguishing the United States from, and 
expressing the displeasure of the United States with, the 
specific actions of that country in response to which the 
controls are proposed. Such alternatives include private 
discussions with foreign leaders, public statements in 
situations where private diplomacy is unavailable or not 
effective, withdrawal of ambassadors, and reduction of the size 
of the diplomatic staff that the country involved is permitted 
to have in the United States.

           *       *       *       *       *       *       *

    (f) Consultation With the Congress.--(1) The president may 
impose or expand export controls under this section, or extend 
such controls as required by subsection (a)(3) of this section, 
only after consultation with the Congress, including the 
Committee on Foreign Affairs \4\ of the House of 
Representatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate.
---------------------------------------------------------------------------
    \4\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (2) The President may not impose, expand, or extend export 
controls under this section until the President has submitted 
to the Congress a report--
          (A) specifying the purpose of the controls;
          (B) specifying the determinations of the President 
        (or, in the case of those export controls described in 
        subsection (b)(2), the considerations of the President) 
        with respect to each of the criteria set forth in 
        subsection (b)(1), the bases for such determinations 
        (or considerations), and any possible adverse foreign 
        policy consequences of the controls;
          (C) describing the nature, the subjects, and the 
        results of, or the plans for, the consultation with 
        industry pursuant to subsection (c) and with other 
        countries pursuant to subsection (d);
          (D) specifying the nature and results of any 
        alternative means attempted under subsection (e), or 
        the reasons for imposing, expanding, or extending the 
        controls without attempting any such alternative means; 
        and
          (E) describing the availability from other countries 
        of goods or technology comparable to the goods or 
        technology subject to the proposed export controls, and 
        describing the nature and results of the efforts made 
        pursuant to subsection (h) to secure the cooperation of 
        foreign governments in controlling the foreign 
        availability of such comparable goods or technology.
Such report shall also indicate how such controls will further 
significantly the foreign policy of the United States or will 
further its declared international obligations.
    (3) To the extent necessary to further the effectiveness of 
the export controls portions of a report required by paragraph 
(2) may be submitted to the Congress on a classified basis, and 
shall be subject to the provisions of section 12(c) of this 
Act.\5\
---------------------------------------------------------------------------
    \5\ Sec. 128(c) of Public Law 104-316 (110 Stat. 3841) struck out a 
sentence at this point that read as follows:``Each such report shall, 
at the same time it is submitted to the Congress, also be submitted to 
the General Accounting Office for the purpose of assessing the report's 
full compliance with the intent of this subsection.''.
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    (4) In the case of export controls under this section which 
prohibit or curtail the export of any agricultural commodity, a 
report submitted pursuant to paragraph (2) shall be deemed to 
be the report required by section 7(g)(3)(A) of this Act.
    (5) In addition to any written report required, under this 
section, the Secretary, not less frequently than annually, 
shall present in oral testimony before the Committee on 
Banking, Housing, and Urban Affairs of the Senate and the 
Committee on Foreign Affairs \6\ of the House of 
Representatives a report on policies and actions taken by the 
Government to carry out the provisions of this section.
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    \6\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.

           *       *       *       *       *       *       *

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    (j) \7\ Countries Supporting International Terrorism.--(1) 
A validated license shall be required for the export of goods 
or technology to a country if the Secretary of State has made 
the following determinations:
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    \7\ In Department of State Public Notice 1878 of August 12, 1993, 
(58 F.R. 52523), the Secretary of State stated: ``In accordance with 
section 6(j) of the Export Administration Act (50 U.S.C. App. 2405(j)), 
I hereby determine that Sudan is a country which has repeatedly 
provided support for acts of international terrorism. The list of 6(j) 
countries as of this time therefore includes Cuba, Iran, Iraq, Libya, 
North Korea, Sudan, and Syria.''.
    Sec. 4 of Public Law 101-222 (103 Stat. 1897) amended and restated 
sec. 6(j).
    Title V of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1999 (sec. 101(d) of Division A of Public 
Law 105-277; 112 Stat. 2681) provided the following:
---------------------------------------------------------------------------

      ``prohibition on bilateral assistance to terrorist countries
---------------------------------------------------------------------------
    ``Sec. 528. (a) Notwithstanding any other provision of law, funds 
appropriated for bilateral assistance under any heading of this Act and 
funds appropriated under any such heading in a provision of law enacted 
prior to enactment of this Act, shall not be made available to any 
country which the President determines--
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          ``(1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism, or
          ``(2) otherwise supports international terrorism.
---------------------------------------------------------------------------
    ``(b) The President may waive the application of subsection (a) to 
a country if the President determines that national security or 
humanitarian reasons justify such waiver. The President shall publish 
each waiver in the Federal Register and, at least fifteen days before 
the waiver takes effect, shall notify the Committees on Appropriations 
of the waiver (including the justification for the waiver) in 
accordance with the regular notification procedures of the Committees 
on Appropriations.
---------------------------------------------------------------------------
          * * * * * * *

 ``prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism
---------------------------------------------------------------------------
    ``Sec. 551. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 40(d) of the Arms Export Control Act or any other 
comparable provision of law. The prohibition under this section with 
respect to a foreign government shall terminate 12 months after that 
government ceases to provide such military equipment. This section 
applies with respect to lethal military equipment provided under a 
contract entered into after October 1, 1997.
    ``(b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of 
the United States.
    ``(c) Whenever the waiver of subsection (b) is exercised, the 
President shall submit to the appropriate congressional committees a 
report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance to be 
provided, including the estimated dollar amount of such assistance, and 
an explanation of how the assistance furthers United States national 
interests.
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          (A) The government of such country has repeatedly 
        provided support for acts of international terrorism.
          (B) The export of such goods or technology could make 
        a significant contribution to the military potential of 
        such country, including its military logistics 
        capability, or could enhance the ability of such 
        country to support acts of international terrorism.
    (2) The Secretary and the Secretary of State shall notify 
the Committee on Foreign Affairs \6\ of the House of 
Representatives and the Committee on Banking, Housing, and 
Urban Affairs and the Committee on Foreign Relations of the 
Senate at least 30 days before issuing any validated license 
required by paragraph (1).
    (3) Each determination of the Secretary of State under 
paragraph (1)(A), including each determination in effect on the 
date of the enactment of the Antiterrorism and Arms Export 
Amendments Act of 1989, shall be published in the Federal 
Register.
    (4) A determination made by the Secretary of State under 
paragraph (1)(A) may not be rescinded unless the President 
submits to the Speaker of the House of Representatives and the 
chairman of the Committee on Banking, Housing, and Urban 
Affairs and the chairman of the Committee on Foreign Relations 
of the Senate--
          (A) before the proposed rescission would take effect, 
        a report certifying that--
                  (i) there has been a fundamental change in 
                the leadership and policies of the government 
                of the country concerned;
                  (ii) that government is not supporting acts 
                of international terrorism; and
                  (iii) that government has provided assurances 
                that it will not support acts of international 
                terrorism in the future; or
          (B) at least 45 days before the proposed rescission 
        would take effect, a report justifying the rescission 
        and certifying that--
                  (i) the government concerned has not provided 
                any support for international terrorism during 
                the preceding 6-month period; and
                  (ii) the government concerned has provided 
                assurances that it will not support acts of 
                international terrorism in the future.
    (5) \8\ The Secretary and the Secretary of State shall 
include in the notification required by paragraph (2)--
---------------------------------------------------------------------------
    \8\ Sec. 736 of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 506) added para. 
(5).
---------------------------------------------------------------------------
                  (A) a detailed description of the goods or 
                services to be offered, including a brief 
                description of the capabilities of any article 
                for which a license to export is sought;
                  (B) the reasons why the foreign country or 
                international organization to which the export 
                or transfer is proposed to be made needs the 
                goods or services which are the subject of such 
                export or transfer and a description of the 
                manner in which such country or organization 
                intends to use such articles, services, or 
                design and construction services;
                  (C) the reasons why the proposed export or 
                transfer is in the national interest of the 
                United States;
                  (D) an analysis of the impact of the proposed 
                export or transfer on the military capabilities 
                of the foreign country or international 
                organization to which such export or transfer 
                would be made;
                  (E) an analysis of the manner in which the 
                proposed export would affect the relative 
                military strengths of countries in the region 
                to which the goods or services which are the 
                subject of such export would be delivered and 
                whether other countries in the region have 
                comparable kinds and amounts of articles, 
                services, or design and construction services; 
                and
                  (F) an analysis of the impact of the proposed 
                export or transfer on the United States 
                relations with the countries in the region to 
                which the goods or services which are the 
                subject of such export would be delivered.

           *       *       *       *       *       *       *

    (l) Missile Technology.--
          (1) Determination of controlled items.--The 
        Secretary, in consultation with the Secretary of State, 
        the Secretary of Defense, and the heads of other 
        appropriate departments and agencies--
                  (A) shall establish and maintain, as part of 
                the control list established under this 
                section, a list of all dual use goods and 
                technology on the MTCR Annex; and
                  (B) may include, as part of the control list 
                established under this section, goods and 
                technology that would provide a direct and 
                immediate impact on the development of missile 
                delivery systems and are not included in the 
                MTCR Annex but which the United States is 
                proposing to the other MTCR adherents to have 
                included in the MTCR Annex.
          (2) Requirement of individual validated licenses.--
        The Secretary shall require an individual validated 
        license for--
                  (A) any export of goods or technology on the 
                list established under paragraph (1) to any 
                country; and
                  (B) any export of goods or technology that 
                the exporter knows is destined for a project or 
                facility for the design, development, or 
                manufacture of a missile in a country that is 
                not an MTCR adherent.
          (3) Policy of denial of licenses.--(A) Licenses under 
        paragraph (2) should in general be denied if the 
        ultimate consignee of the goods or technology is a 
        facility in a country that is not an adherent to the 
        Missile technology Control regime and the facility is 
        designed to develop or build missiles.
          (B) Licenses under paragraph (2) shall be denied if 
        the ultimate consignee of the goods or technology is a 
        facility in a country the government of which has been 
        determined under subsection (j) to have repeatedly 
        provided support for acts of international terrorism.

           *       *       *       *       *       *       *


        chemical and biological weapons proliferation sanctions

  Sec. 11C.\9\ (a) Imposition of Sanctions.--
---------------------------------------------------------------------------
    \9\ 50 U.S.C. app. 2410c. Sec. 505(a) of the Chemical and 
Biological Weapons Control and Warfare Elimination Act of 1991 (title V 
of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993; 
Public Law 102-138; 105 Stat. 724) added sec. 11C. Subsequently, sec. 
309(a) of Public Law 102-182 (105 Stat. 1258) repealed title V of the 
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 and all 
the amendments therein, including this new sec. 11C.
    However, sec. 305(a) of Public Law 102-182 (105 Stat. 1247) amended 
this Act by inserting a new sec. 11C at this point.
    Executive Order 12851 of June 11, 1993 (58 F.R. 33181) delegated 
the authority in sec. 11C to the Secretary of State with the following 
exceptions:
---------------------------------------------------------------------------

          --sec. 11C(c)(1)(A), pursuant to a determination made by the 
        Secretary of State under sec. 81(a)(1) of the AECA or sec. 
        11C(a)(1) of this Act, as well as the authority and duties 
        provided for in section 81(c)(2) of the AECA and section 
        11C(c)(2) of this Act--Secretary of Defense;
          --sec. 11C(c)(1)(B), pursuant to a determination made by the 
        Secretary of State under sec. 81(a)(1) of the AECA, or sec. 
        11C(a)(1) of this Act, and the obligation to implement the 
        exceptions provided for in sec. 81(c)(2) of the AECA or sec. 
        11C(c)(2) of this Act, insofar as the exceptions affect imports 
        of goods into the U.S.,--Secretary of the Treasury.
          (1) Determination by the president.--Except as 
        provided in subsection (b)(2), the President shall 
        impose both of the sanctions described in subsection 
        (c) if the President determines that a foreign person, 
        on or after the date of the enactment of this 
        section,\10\ has knowingly and materially contributed--
---------------------------------------------------------------------------
    \10\ Sec. 309(b)(1) of Public Law 102-182 (105 Stat. 1258) deemed 
this date of enactment to be the date of enactment of the Foreign 
Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 
102-138), October 28, 1991.
---------------------------------------------------------------------------
                  (A) through the export from the United States 
                of any goods or technology that are subject to 
                the jurisdiction of the United States under 
                this Act, or
                  (B) through the export from any other country 
                of any goods or technology that would be, if 
                they were United States goods or technology, 
                subject to the jurisdiction of the United 
                States under this Act, to the efforts by any 
                foreign country, project, or entity described 
                in paragraph (2) to use, develop, produce, 
                stockpile, or otherwise acquire chemical or 
                biological weapons.
          (2) Countries, projects, or entities receiving 
        assistance.--Paragraph (1) applies in the case of--

           *       *       *       *       *       *       *

                  (B) any foreign country whose government is 
                determined for purposes of section 6(j) of this 
                Act to be a government that has repeatedly 
                provided support for acts of international 
                terrorism; or

           *       *       *       *       *       *       *


                             annual report

    Sec. 14.\11\ (a) Contents.--Not later than December 31 of 
each year, the Secretary shall submit to the Congress a report 
on the administration of this Act during the preceding fiscal 
year. All agencies shall cooperate fully with the Secretary in 
providing information for such report. Such report shall 
include detailed information with respect to--
---------------------------------------------------------------------------
    \11\ 50 U.S.C. app. 2413.
---------------------------------------------------------------------------
          (1) the implementation of the policies set forth in 
        section 3;
          (2) general licensing activities under sections 5, 6, 
        and 7, and any changes in the exercise of the 
        authorities contained in sections 5(a), 6(a), and 7(a);
          (3) the results of the review of United States policy 
        toward individual countries pursuant to section 5(b);
          (4) the results, in as much detail as may be included 
        consistent with the national security and the need to 
        maintain the confidentiality of proprietary 
        information, of the actions, including reviews and 
        revisions of export controls maintained for national 
        security purposes, required by section 5(c)(3);
          (5) actions taken to carry our section 5(d);
          (6) changes in categories of items under export 
        control referred to in section 5(e);
          (7) determinations of foreign availability made under 
        section 5(f), the criteria used to make such 
        determinations, the removal of any export controls 
        under such section, and any evidence demonstrating a 
        need to impose export controls for national security 
        purposes notwithstanding foreign availability;
          (8) actions taken in compliance with section 5(f)(6);
          (9) the operation of the indexing system under 
        section 5(g);
          (10) consultations with the technical advisory 
        committees established pursuant to section 5(h), the 
        use made of the advice rendered by such committees, and 
        the contributions of such committees toward 
        implementing the policies set forth in this Act;
          (11) the effectiveness of export controls imposed 
        under section 6 in furthering the foreign policy of the 
        United States;
          (12) export controls and monitoring under section 7;
          (13) the information contained in the reports 
        required by section 7(b)(2), together with an analysis 
        of--
                  (A) the impact on the economy and world trade 
                of shortages or increased prices for 
                commodities subject to monitoring under this 
                Act or section 812 of the Agricultural Act of 
                1970;
                  (B) the worldwide supply of such commodities; 
                and
                  (C) actions being taken by other countries in 
                response to such shortages or increased prices;
          (14) actions taken by the President and the Secretary 
        to carry out the antiboycott policies set forth in 
        section 3(5) of this Act;
          (15) organizational and procedural changes undertaken 
        in furtherance of the policies set forth in this Act, 
        including changes to increase the efficiency of the 
        export licensing process and to fulfill the 
        requirements of section 10, including an accounting of 
        appeals received, court orders issued, and actions 
        taken pursuant thereto under subsection (j) of such 
        section;
          (16) delegations of authority by the President as 
        provided in section 4(e) of this Act;
          (17) efforts to keep the business sector of the 
        Nation informed with respect to policies and procedures 
        adopted under this Act;
          (18) any reviews undertaken in furtherance of the 
        policies of this Act, including the results of the 
        review required by section 12(d), and any action taken, 
        on the basis of the review required by section 12(e), 
        to simplify regulations issued under this Act;
          (19) violations under section 11 and enforcement 
        activities under section 12; and
          (20) the issuance of regulations under the authority 
        of this Act, including an explanation of each case in 
        which regulations were not issued in accordance with 
        the first sentence of section 13(b).
    (b) Report on Certain Export Controls.--To the extent that 
the President determines that the policies set forth in section 
3 of this Act require the control of the export of goods and 
technology other than those subject to multilateral controls, 
or require more stringent controls than the multilateral 
controls, the President shall include in each annual report the 
reasons for the need to impose, or to continue to impose, such 
controls and the estimated domestic economic impact on the 
various industries affected by such controls.
    (c) Report on Negotiations.--The President shall include in 
each annual report a detailed report on the progress of the 
negotiations required by section 5(i), until such negotiations 
are concluded.
    (d) Report on Exports to Controlled Countries.--The 
Secretary shall include in each annual report a detailed report 
which lists every license for exports to controlled countries 
which was approved under this Act during the preceding fiscal 
year. Such report shall specify to whom the license was 
granted, the type of goods or technology exported, and the 
country receiving the goods or technology. The information 
required by this subsection shall be subject to the provisions 
of section 12(c) of this Act.
    (e) Report on Domestic Economic Impact of Exports to 
Controlled Countries.--The Secretary shall include in each 
annual report a detailed description of the extent of injury to 
United States industry and the extent of job displacement 
caused by United States exports of goods and technology to 
controlled countries. The annual report shall also include a 
full analysis of the consequences of exports of turnkey plants 
and manufacturing facilities to controlled countries which are 
used by such countries to produce goods for export to the 
United States or to compete with United States products in 
export markets.
  (f) Annual Report of the President.--The President shall 
submit an annual report to the Congress estimating the 
additional defense expenditures of the United States arising 
from illegal technology transfers, focusing on estimated 
defense costs arising from illegal technology transfers that 
resulted in a serious adverse impact on the strategic balance 
of forces. These estimates shall be based on assessment by the 
intelligence community of any technology transfers that 
resulted in such serious adverse impact. This report may have a 
classified annex covering any information of a sensitive 
nature.

           *       *       *       *       *       *       *


               3. Trade Expansion Act of 1962, as amended

Partial text of Public Law 87-794 [H.R. 11970], 76 Stat. 872, approved 
                      October 11, 1962, as amended

                   TITLE I--SHORT TITLE AND PURPOSES

SEC. 101. SHORT TITLE.

    This Act may be cited as the ``Trade Expansion Act of 
1962''.

           *       *       *       *       *       *       *


SEC. 232.\1\ SAFEGUARDING NATIONAL SECURITY.

    (a) No action shall be taken pursuant to section 201(a) or 
pursuant to section 350 of the Tariff Act of 1930 to decrease 
or eliminate the duty or other import restriction on any 
article if the President determines that such reduction or 
elimination would threaten to impair the national security.
---------------------------------------------------------------------------
    \1\ 19 U.S.C. 1862.
---------------------------------------------------------------------------
  (b) \2\ (1)(A) Upon request of the head of any department or 
agency, upon application of an interested party, or upon his 
own motion, the Secretary of Commerce (hereafter in this 
section referred to as the `Secretary') shall immediately 
initiate an appropriate investigation to determine the effects 
on the national security of imports of the article which is the 
subject of such request, application, or motion.
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    \2\ Former subsec. (b), as amended by sec. 127(d) of Public Law 93-
618 (88 Stat. 1978 at 1993), was struck out by sec. 1501(a)(3) of 
Public Law 100-418 (102 Stat. 1257) which added new subsecs. (b) and 
(c).
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  (B) The Secretary shall immediately provide notice to the 
Secretary of Defense of any investigation initiated under this 
section.
  (2)(A) In the course of any investigation conducted under 
this subsection, the Secretary shall--
          (i) consult with the Secretary of Defense regarding 
        the methodological and policy questions raised in any 
        investigation initiated under paragraph (1),
          (ii) seek information and advice from, and consult 
        with, appropriate officers of the United States, and
          (iii) if it is appropriate and after reasonable 
        notice, hold public hearings or otherwise afford 
        interested parties an opportunity to present 
        information and advice relevant to such investigation.
  (B) Upon the request of the Secretary, the Secretary of 
Defense shall provide the Secretary an assessment of the 
defense requirements of any article that is the subject of an 
investigation conducted under this section.
  (3)(A) By no later than the date that is 270 days after the 
date on which an investigation is initiated under paragraph (1) 
with respect to any article, the Secretary shall submit to the 
President a report on the findings of such investigation with 
respect to the effect of the importation of such article in 
such quantities or under such circumstances upon the national 
security and, based on such findings, the recommendations of 
the Secretary for action or inaction under this section. If the 
Secretary finds that such article is being imported into the 
United States in such quantities or under such circumstances as 
to threaten to impair the national security, the Secretary 
shall so advise the President in such report.
  (B) Any portion of the report submitted by the Secretary 
under subparagraph (A) which does not contain classified 
information or proprietary information shall be published in 
the Federal Register.
  (4) The Secretary shall prescribe such procedural regulations 
as may be necessary to carry out the provisions of this 
subsection.
  (c) \2\ (1)(A) Within 90 days after receiving a report 
submitted under subsection (b)(3)(A) in which the Secretary 
finds that an article is being imported into the United States 
in such quantities or under such circumstances as to threaten 
to impair the national security, the President shall--
          (i) determine whether the President concurs with the 
        finding of the Secretary, and
          (ii) if the President concurs, determine the nature 
        and duration of the action that, in the judgment of the 
        President, must be taken to adjust the imports of the 
        article and its derivatives so that such imports will 
        not threaten to impair the national security.
  (B) If the President determines under subparagraph (A) to 
take action to adjust imports of an article and its 
derivatives, the President shall implement that action by no 
later than the date that is 15 days after the day on which the 
President determines to take action under subparagraph (A).
  (2) By no later than the date that is 30 days after the date 
on which the President makes any determinations under paragraph 
(1), the President shall submit to the Congress a written 
statement of the reasons why the President has decided to take 
action, or refused to take action, under paragraph (1). Such 
statement shall be included in the report published under 
subsection (e).
  (3)(A) If--
          (i) the action taken by the President under paragraph 
        (1) is the negotiation of an agreement which limits or 
        restricts the importation into, or the exportation to, 
        the United States of the article that threatens to 
        impair national security, and
          (ii) either--
                  (I) no such agreement is entered into before 
                the date that is 180 days after the date on 
                which the President makes the determination 
                under paragraph (1)(A) to take such action, or
                  (II) such an agreement that has been entered 
                into is not being carried out or is ineffective 
                in eliminating the threat to the national 
                security posed by imports of such article,
the President shall take such other actions as the President 
deems necessary to adjust the imports of such article so that 
such imports will not threaten to impair the national security. 
The President shall publish in the Federal Register notice of 
any additional actions being taken under this section by reason 
of this subparagraph.
  (B) If--
          (i) clauses (i) and (ii) of subparagraph (A) apply, 
        and
          (ii) the President determines not to take any 
        additional actions under this subsection,
the President shall publish in the Federal Register such 
determination and the reasons on which such determination is 
based.
    (d) \3\ For the purposes of this section, the Secretary and 
the President shall, in the light of the requirements of 
national security and without excluding other relevant factors, 
give consideration to domestic production needed for projected 
national defense requirements, the capacity of domestic 
industries to meet such requirements, existing and anticipated 
availabilities of the human resources, products, raw materials, 
and other supplies and services essential to the national 
defense, the requirements of growth of such industries and such 
supplies and services including the investment, exploration, 
and development necessary to assure such growth, and the 
importation of goods in terms of their quantities, 
availabilities, character, and use of those affect such 
industries and the capacity of the United States to meet 
national security requirements. In the administration of this 
section, the Secretary and the President shall further 
recognize the close relation of the economic welfare of the 
Nation to our national security, and shall take into 
consideration the impact of foreign competition on the economic 
welfare of individual domestic industries; and any substantial 
unemployment, decrease in revenues of government, loss of 
skills or investment, or other serious effects resulting from 
the displacement of any domestic products by excessive imports 
shall be considered, without excluding other factors, in 
determining whether such weakening of our internal economy may 
impair the national security.
---------------------------------------------------------------------------
    \3\ Subsec. (d) was redesignated from subsec. (c) by sec. 1501(a) 
of Public Law 100-418 (102 Stat. 1257).
---------------------------------------------------------------------------
  (d) \4\ (1) Upon the disposition of each request, 
application, or motion under subsection (b), the Secretary 
shall submit to the Congress, and publish in the Federal 
Register, a report on such disposition.
---------------------------------------------------------------------------
    \4\ This second subsec. (d) was redesignated as subsec. (e) by sec. 
1501(a)(2) of Public Law 100-418 (102 Stat. 1257). Subsequently, sec. 
1501(b)(1) of that Act amended subsec. ``(e)'' to read as subsec. 
``(d)''. This subsec. should probably read ``(e)''. This subsec. 
previously read as follows:
    ``(d) A report shall be made and published upon the disposition of 
each request, application, or motion under subsection (b). The 
Secretary shall publish procedural regulations to give effect to the 
authority conferred on him by subsection (b).''.
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  (2) The President shall submit to the Congress an annual 
report on the operation of the provisions of this section.
    (f) \5\ (1) An action taken by the President under 
subsection (c) \5\ to adjust imports of petroleum or petroleum 
products shall cease to have force and effect upon the 
enactment of a disapproval resolution, provided for in 
paragraph (2), relating to that action.
---------------------------------------------------------------------------
    \5\ Subsec. (f), previously added as subsec. (e) by sec. 402 of the 
Windfall Profit Tax Act (Public Law 96-223; 94 Stat. 301), was amended 
by sec. 1501(a)(2) of Public Law 100-418 (102 Stat. 1257) which 
substituted ``subsection (c)'' lieu of ``subsection (b)'' each place it 
appeared, and redesignated subsec. (e) as subsec. (f).
---------------------------------------------------------------------------
    (2)(A) This paragraph is enacted by the Congress--
          (i) as an exercise of the rulemaking power of the 
        House of Representatives and the Senate, respectively, 
        and as such is deemed a part of the rules of each 
        House, respectively, but applicable only with respect 
        to the procedures to be followed in that House in the 
        case of disapproval resolutions and such procedures 
        supersede other rules only to the extent that they are 
        inconsistent therewith; and
          (ii) with the 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 any other 
        rule of that House.
    (B) For purposes of this subsection, the term ``disapproval 
resolution'' means only a joint resolution of either House of 
Congress the matter after resolving clause of which is as 
follows: ``That the Congress disapproves the action taken under 
section 232 of the Trade Expansion Act of 1962 with respect to 
petroleum imports under ......................... dated 
.........................'', the first blank space being filled 
with the number of the proclamation, Executive order, or other 
Executive act issued under the authority of subsection (c) \5\ 
of such section 232 for purposes of adjusting imports of 
petroleum or petroleum products and the second blank being 
filled with the appropriate date.
    (C)(i) All disapproval resolutions introduced in the House 
of Representatives shall be referred to the Committee on Ways 
and Means and all disapproved resolutions introduced in the 
Senate shall be referred to the Committee on Finance.
    (ii) No amendment to a disapproval resolution shall be in 
order in either the House of Representatives or the Senate, and 
no motion to suspend the application of this clause shall be in 
order in either House nor shall it be in order in either House 
for the Presiding Officer to entertain a request to suspend the 
application of this clause by unanimous consent.

SEC. 233.\6\ IMPORT SANCTIONS FOR EXPORT VIOLATIONS.

    Any person who violates any national security export 
control imposed under section 5 of the Export Administration 
Act of 1979 (50 U.S.C. App. 2404), or any regulation, order, or 
license issued under that section, may be subject to such 
controls on the importing of goods or technology into the 
United States as the President may prescribe.
---------------------------------------------------------------------------
    \6\ 19 U.S.C. 1864. Sec. 233 was added by sec. 121 of the Export 
Administration Amendments Act of 1985 (Public Law 99-43; 99 Stat. 154). 
Subsequently, sec. 233 was amended by sec. 2447(a) of Public Law 100-
418 (102 Stat. 1370) which struck out the ``(a)'' preceding ``Any 
person'' and deleted subsec. (b).  Subsec. (b) previously read as 
follows:
    ``(b) Except as provided in subsection (a) of this section, any 
person who violates any regulation issued under a multilateral 
agreement, formal or informal, to control exports for national security 
purposes, to which the United States is a party, may be subject to such 
controls on the importing of goods or technology into the United States 
as the President may prescribe, but only if--
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          ``(1) negotiations with the government or governments, party 
        to the multilateral agreement, with jurisdiction over the 
        violation have been conducted and been unsuccessful in 
        restoring compliance with the regulation involved;
          ``(2) the President, after the failure of such negotiations, 
        has notified the government or governments described in 
        paragraph (1) and the other parties to the multilateral 
        agreement that the United States proposes to subject the person 
        committing the violation to specific controls on the importing 
        of goods or technology into the United States upon the 
        expiration of 60 days from the date of such notification; and
          ``(3) a majority of the parties to the multilateral agreement 
        (other than the United States), before the end of that 60-day 
        period, have expressed to the President concurrence in the 
        proposed import controls or have abstained from stating a 
        position with respect to the proposed controls.''.

           *       *       *       *       *       *       *


               4. Trading With the Enemy Act, as amended

 Partial text of Public Law 65-91 [H.R. 4960], 40 Stat. 411, approved 
                      October 6, 1917, as amended

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That \1\ 
this Act shall be known as the ``Trading with the enemy \2\ 
Act''.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. app. 1.
    \2\ So in original.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
    Sec. 5. (a) * * *
    (b) \3\ (1) During the time of war,\4\ the President may 
through any agency that he may designate, and under such rules 
and regulations as he may prescribe, by means of instructions, 
licenses, or otherwise--
---------------------------------------------------------------------------
    \3\ 50 U.S.C. app. 5(b). Subsec. (b), which is also classified to 
12 U.S.C. 95a (Banks and Banking) was amended and restated by sec. 301 
of Public Law 77-354 (55 Stat. 839).
    \4\ The words ``or during any other period of national emergency 
declared by the President'', which previously appeared at this point, 
were struck out by sec. 101(a) of Public Law 95-223 (91 Stat. 1625). 
Sec. 101 (b) and (c) of the same Act further stipulated:
    ``(b) Notwithstanding the amendment made by subsection (a), the 
authorities conferred upon the President by section 5(b) of the Trading 
With the Enemy Act, which were being exercised with respect to a 
country on July 1, 1977, as a result of a national emergency declared 
by the President before such date, may continue to be exercised with 
respect to such country, except that, unless extended the exercise of 
such authorities shall terminate (subject to the savings provisions of 
the second sentence of section 101(a) of the National Emergencies Act) 
at the end of the two-year period beginning on the date of enactment of 
the National Emergencies Act. The President may extend the exercise of 
such authorities for one-year periods upon a determination of each such 
extension that the exercise of such authorities with respect to such 
country for another year is in the national interest of the United 
States.
    ``(c) The termination and extension provisions of subsection (b) of 
this section supersede the provisions of section 101(a) and of title II 
of the National Emergencies Act to the extent that the provisions of 
subsection (b) of this section are inconsistent with those 
provisions.''.
    Each year since 1977, the President has utilized authority granted 
his office pursuant to the National Emergencies Act to extend certain 
authorities being exercised prior to July 1, 1977, under sec. 5(b) of 
the Trading with the Enemy Act. The most recent action, Presidential 
Determination 97-32 of September 12, 1997 (62 F.R. 48729), extended 
until September 14, 1998, the exercise of those authorities with 
respect to countries affected by the Foreign Assets Control Regulations 
(31 CFR Part 500), the Transaction Control Regulations (31 CFR Part 
505), and the Cuban Assets Control Regulations (31 CFR Part 515).
    Previous extensions have been issued as a memorandum of September 
8, 1978 (43 F.R. 40449); memorandum of September 12, 1979 (44 F.R. 
553153); memorandum of September 8, 1980 (45 F.R. 59549); memorandum of 
September 10, 1981 (46 F.R. 45321); memorandum of September 8, 1982 (47 
F.R. 39797); memorandum of September 7, 1983 (48 F.R. 40695); 
memorandum of September 11, 1984 (49 F.R. 35927); memorandum of 
September 5, 1985 (5 F.R. 36563); memorandum of August 20, 1986 (51 
F.R. 30201); memorandum of August 27, 1987 (52 F.R. 33397); 
Presidential Determination No. 88-22 of September 8, 1988 (53 F.R. 
35289); Presidential Determination No. 89-25 of August 28, 1989 (54 
F.R. 37089); Presidential Determination No. 90-38 of September 5, 1990 
(55 F.R. 37309); Presidential Determination No. 91-52 of September 13, 
1991 (56 F.R. 48415); Presidential Determination No. 92-45 of August 
28, 1992 (57 F.R. 43125); Presidential Determination No. 93-38 of 
September 13, 1993 (58 F.R. 51209); Presidential Determination No. 94-
46 of September 8, 1994 (59 F.R. 47229); Presidential Determination No. 
95-41 of September 8, 1995 (60 F.R. 47659); and Presidential 
Determination No. 96-43 of August 27, 1996 (61 F.R. 46529).
---------------------------------------------------------------------------
          (A) investigate, regulate, or prohibit, any 
        transactions in foreign exchange, transfers of credit 
        or payments between, by, through, or to any banking 
        institution, and the importing, exporting, hoarding, 
        melting, or earmarking of gold or silver coin or 
        bullion, currency or securities, and
          (B) investigate, regulate, direct and compel, 
        nullify, void, prevent or prohibit, any acquisition, 
        holding, withholding, use, transfer withdrawal, 
        transportation, importation or exportation of, or 
        dealing in or exercising any right, power, or privilege 
        with respect to, or transactions involving, any 
        property in which any foreign country or a national 
        thereof has any interest,
by any person, or with respect to any property, subject to the 
jurisdiction of the United States; and any property or interest 
of any foreign country or national thereof shall vest, when, 
as, and upon the terms, directed by the President in such 
agency or person as may be designated from time to time by the 
President, and upon such terms and conditions as the President 
may prescribe such interest or property shall be held, used, 
administered, liquidated, sold, otherwise dealt with in the 
interest of and for the benefit of the United States and such 
designated agency or person may perform any and all acts 
incident to the accomplishment or furtherance of these 
purposes; and the President shall, in the manner hereinabove 
provided, require any person to keep a full record of, and to 
furnish under oath, in the form of reports or otherwise, 
complete information relative to any act or transaction 
referred to in this subdivision either before, during, or after 
the completion thereof, or relative to any interest in foreign 
property, or relative to any property in which any foreign 
country or any national thereof has or has had any interest, or 
as may be otherwise necessary to enforce the provisions of this 
subdivision, and in any case in which a report could be 
required, the President may, in the manner hereinabove 
provided, require the production, or if necessary to the 
national security or defense, the seizure, of any books of 
account, records, contracts, letters, memoranda, or other 
papers, in the custody or control of such person.\5\
---------------------------------------------------------------------------
    \5\ The words ``; and the President may, in the manner hereinabove 
provided, take other or further measures not inconsistent herewith for 
the enforcement of this subdivision'', which previously appeared at 
this point, were struck out by sec. 102(2) of Public Law 95-223 (91 
Stat. 1625).
---------------------------------------------------------------------------
    (2) Any payment, conveyance, transfer, assignment, or 
delivery of property or interest therein, made to or for the 
account of the United States, or as otherwise directed, 
pursuant to this subdivision or any rule, regulation, 
instruction, or direction issued hereunder shall to the extent 
thereof be a full acquittance and discharge for all purposes of 
the obligation of the person making the same; and no person 
shall be held liable in any court for or in respect to anything 
done or omitted in good faith in connection with the 
administration of, or in pursuance of and in reliance on, this 
subdivision, or any rule, regulation, instruction, or direction 
issued hereunder.
    (3) As used in this subdivision the term ``United States'' 
means the United States and any place subject to the 
jurisdiction thereof: \6\ Provided, however, That the foregoing 
shall not be construed as a limitation upon the power of the 
President, which is hereby conferred, to prescribe from time to 
time, definitions, not inconsistent with the purposes of this 
subdivision, for any or all of the terms used in this 
subdivision.\7\ As used in this subdivision the term ``person'' 
means an individual, partnership, association, or corporation.
---------------------------------------------------------------------------
    \6\ Words ``including the Philippine Islands, and the several 
courts of first instance of the Commonwealth of the Philippine Islands 
shall have jurisdiction in all cases, civil or criminal, arising under 
this subdivision in the Philippine Islands and concurrent jurisdiction 
with the district courts of the United States of all cases, civil or 
criminal, arising upon the high seas'' immediately preceding the 
proviso in subsec. (b)(3) of this section, have been omitted on the 
authority of 1946 Proclamation No. 2695, which is set out as a note 
under section 1394 of Title 22, Foreign Relations and Intercourse, and 
in which the President proclaimed the independence of the Philippines.
    \7\ Sec. 103(b) of Public Law 95-223 (91 Stat. 1626) struck out the 
following sentence which previously appeared at this point:
    ``Whoever willfully violates any of the provisions of this 
subdivision or of any license, order, rule or regulation issued 
thereunder, shall, upon conviction, be fined not more than $10,000, or, 
if a natural person, may be imprisoned for not more than ten years, or 
both; and any officer, director, or agent of any corporation who 
knowingly participates in such violation may be punished by a like 
fine, imprisonment, or both.''.
---------------------------------------------------------------------------
  (4) \8\ The authority granted to the President by this 
section does not include the authority to regulate or prohibit, 
directly or indirectly, the importation from any country, or 
the exportation to any country, whether commercial or 
otherwise, regardless of format or medium of transmission, of 
any information or informational materials, including but not 
limited to, publications, films, posters, phonograph records, 
photographs, microfilms, microfiche, tapes, compact disks, CD 
ROMs, artworks, and news wire feeds. The exports exempted from 
regulation or prohibition by this paragraph do not include 
those which are otherwise controlled for export under section 5 
of the Export Administration Act of 1979, or under section 6 of 
that Act to the extent that such controls promote the 
nonproliferation or antiterrorism policies of the United 
States, or with respect to which acts are prohibited by chapter 
37 of title 18, United States Code.
---------------------------------------------------------------------------
    \8\ Sec. 525(b)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 474), amended 
and restated para. (4). Sec. 525(b)(2) of that Act further provided:
    ``(2) The authorities conferred upon the President by section 5(b) 
of the Trading With the Enemy Act, which were being exercised with 
respect to a country on July 1, 1977, as a result of a national 
emergency declared by the President before such date, and are being 
exercised on the date of the enactment of this Act, do not include the 
authority to regulate or prohibit, directly or indirectly, any activity 
which, under section 5(b)(4) of the Trading With the Enemy Act, as 
amended by paragraph (1) of this subsection, may not be regulated or 
prohibited.''.
    Sec. 525(a) of that Act, furthermore, stated the following:
    ``(a) Sense of Congress.--It is the sense of the Congress that the 
President should not restrict travel or exchanges for informational, 
educational, religious, cultural, or humanitarian purposes or for 
public performances or exhibitions, between the United States and any 
other country.''.

           *       *       *       *       *       *       *


             5. International Emergency Economic Powers Act

  Title II of Public Law 95-223 [H.R. 7738], 91 Stat. 1625, approved 
                     December 28, 1977, as amended

 AN ACT With respect to the powers of the President in time of war or 
                          national emergency.

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

           *       *       *       *       *       *       *


           TITLE II--INTERNATIONAL EMERGENCY ECONOMIC POWERS

                              short title

    Sec. 201.\1\ This title may be cited as the ``International 
Emergency Economic Powers Act''.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 1701 note.
---------------------------------------------------------------------------

            situations in which authorities may be exercised

    Sec. 202.\2\ (a) Any authority granted to the President by 
section 203 may be exercised to deal with any unusual and 
extraordinary threat, which has its source in whole or 
substantial part outside the United States, to the national 
security, foreign policy, or economy of the United States, if 
the President declares a national emergency with respect to 
such threat.
---------------------------------------------------------------------------
    \2\ 50 U.S.C. 1701. Relating to Presidential authority and 
relations with Iraq, see sec. 1458 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 
1697); the Iraq Sanctions Act of 1990 (secs. 586-586J of Public Law 
101-513; 104 Stat. 2047).
    See also title XVI of the National Defense Authorization Act for 
Fiscal Year 1993 (Iran-Iraq Arms Non-Proliferation Act of 1992) (Public 
Law 102-484; 106 Stat. 2571).
    See also sec. 533 of the Foreign Relations, Export Financing, and 
Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of 
Public Law 104-208; 110 Stat. 3009), relating to compliance with United 
Nations sanctions against Iraq, Serbia and Montenegro, in U.S. 
Congress. House. Committee on International Relations. Legislation on 
Foreign Relations Through 1996, (Washington, G.P.O., 1997), volume I-A.
    See also sec. 1511 of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1839), relating to 
sanctions against Serbia and Montenegro, in U.S. Congress. House. 
Committee on International Relations. Legislation on Foreign Relations 
Through 1996, (Washington, G.P.O., 1997), volume I-B.
---------------------------------------------------------------------------
    (b) The authorities granted to the President by section 203 
may only be exercised to deal with an unusual and extraordinary 
threat with respect to which a national emergency has been 
declared for purposes of this title and may not be exercised 
for any other purpose. Any exercise of such authorities to deal 
with any new threat shall be based on a new declaration of 
national emergency which must be with respect to such threat.

                         grants of authorities

    Sec. 203.\3\ (a)(1) At the times and to the extent 
specified in section 202, the President may, under such 
regulations as he may prescribe, by means of instructions, 
licenses, or otherwise--
---------------------------------------------------------------------------
    \3\ 50 U.S.C. 1702.
---------------------------------------------------------------------------
          (A) investigate, regulate, or prohibit--
                  (i) any transactions in foreign exchange,
                  (ii) transfer of credit or payments between, 
                by, through, or to any banking institution, to 
                the extent that such transfers or payments 
                involve any interest of any foreign country or 
                a national thereof,
                  (iii) the importing or exporting of currency 
                or securities; and
          (B) investigate, regulate, direct and compel, 
        nullify, void, prevent or prohibit, any acquisition, 
        holding, withholding, use, transfer, withdrawal, 
        transportation, importation or exportation of, or 
        dealing in, or exercising any right, power, or 
        privilege with respect to, or transactions involving, 
        any property in which any foreign country or a national 
        thereof has any interest; by any person, or with 
        respect to any property, subject to the jurisdiction of 
        the United States.
    (2) In exercising the authorities granted by paragraph (1), 
the President may require any person to keep a full record of, 
and to furnish under oath, in the form of reports or otherwise, 
complete information relative to any act or transaction 
referred to in paragraph (1) either before, during, or after 
the completion thereof, or relative to any interest in foreign 
property, or relative to any property in which any foreign 
country or any national thereof has or has had any interest, or 
as may be otherwise necessary to enforce the provisions of such 
paragraph. In any case in which a report by a person could be 
required under this paragraph, the President may require the 
production of any books of account, records, contracts, 
letters, memorandums, or other papers, in the custody or 
control of such person.
    (3) Compliance with any regulation, instruction, or 
direction issued under this title shall to the extent thereof 
be a full acquittance and discharge for all purposes of the 
obligations of the person making the same. No person shall be 
held liable in any court for or with respect to anything done 
or omitted in good faith in connection with the administration 
of, or pursuant to and in reliance on, this title, or any 
regulation, instruction, or direction issued under this title.
    (b) The authority granted to the President by this section 
does not include the authority to regulate or prohibit, 
directly or indirectly--
          (1) any postal, telegraphic, telephonic, or other 
        personal communication, which does not involve a 
        transfer of anything of value; \4\
---------------------------------------------------------------------------
    \4\ Sec. 203(b) was amended by sec. 2502(b)(1) of Public Law 100-
418 (102 Stat. 1371) which struck out ``or'' in par. (1); struck out 
the period and inserted ``; or'' in par. (2) and added new par. (3).  
Sec. 2502(b)(2) of that Act also stated that:
    ``(2) The amendments made by paragraph (1) apply to actions taken 
by the President under section 203 of the International Emergency 
Economic Powers Act before the date of the enactment of this Act which 
are in effect on such date of enactment, and to actions taken under 
such section on or after such date of enactment.''.
---------------------------------------------------------------------------
          (2) donations, by persons subject to the jurisdiction 
        of the United States, of articles, such as food, 
        clothing, and medicine, intended to be used to relieve 
        human suffering, except to the extent that the 
        President determines that such donations (A) would 
        seriously impair his ability to deal with any national 
        emergency, declared under section 202 of this title, 
        (B) or in response to coercion against the proposed 
        recipient or donor, or (C) would endanger Armed Forces 
        of the United States which are engaged in hostilities 
        or are in a situation where imminent involvement in 
        hostilities is clearly indicated by the circumstances.
          (3) \5\ the importation from any country, or the 
        exportation to any country, whether commercial or 
        otherwise, regardless of format or medium of 
        transmission, of any information or informational 
        materials, including but not limited to, publications, 
        films, posters, phonograph records, photographs, 
        microfilms, microfiche, tapes, compact disks, CD ROMs, 
        artworks, and news wire feeds. The exports exempted 
        from regulation or prohibition by this paragraph do not 
        include those which are otherwise controlled for export 
        under section 5 of the Export Administration Act of 
        1979, or under section 6 of such Act to the extent that 
        such controls promote the nonproliferation or 
        antiterrorism policies of the United States, or with 
        respect to which acts are prohibited by chapter 37 of 
        title 18, United States Code; or
---------------------------------------------------------------------------
    \5\ Sec. 525(c)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 474) struck 
out para. (3) and inserted new paras. (3) and (4). Paragraph (3) 
formerly read as follows:
    ``(3) the importation from any country, or the exportation to any 
country, whether commercial or otherwise, of publications, films, 
posters, phonograph records, photographs, microfilms, microfiche, 
tapes, or other informational materials, which are not otherwise 
controlled for export under section 5 of the Export Administration Act 
of 1979 or with respect to which no acts are prohibited by chapter 37 
of title 18, United States Code.''.
    Sec. 525(c)(2) and (3) of that Act further provided the following:
    ``(2) The amendments made by paragraph (1) to section 203(b)(3) of 
the International Emergency Economic Powers Act apply to actions taken 
by the President under section 203 of such Act before the date of 
enactment of this Act which are in effect on such date and to actions 
taken under such section on or after such date.
    ``(3) Section 203(b)(4) of the International Emergency Economic 
Powers Act (as added by paragraph (1)) shall not apply to restrictions 
on the transactions and activities described in section 203(b)(4) in 
force on the date of enactment of this Act, with respect to countries 
embargoed under the International Emergency Economic Powers Act on the 
date of enactment of this Act.''.
---------------------------------------------------------------------------
          (4) \5\ any transactions ordinarily incident to 
        travel to or from any country, including importation of 
        accompanied baggage for personal use, maintenance 
        within any country including payment of living expenses 
        and acquisition of goods or services for personal use, 
        and arrangement or facilitation of such travel 
        including nonscheduled air, sea, or land voyages.

                        consultation and reports

    Sec. 204.\6\ (a) The President, in every possible instance, 
shall consult with the Congress before exercising any of the 
authorities granted by this title and shall consult regularly 
with the Congress so long as such authorities are exercised.
---------------------------------------------------------------------------
    \6\ 50 U.S.C. 1703.
---------------------------------------------------------------------------
    (b) Whenever the President exercises any of the authorities 
granted by this title, he shall immediately transmit to the 
Congress a report specifying--
          (1) the circumstances which necessitate such exercise 
        of authority;
          (2) why the President believes those circumstances 
        constitute an unusual and extraordinary threat, which 
        has its source in whole or substantial part outside the 
        United States, to the national security, foreign 
        policy, or economy of the United States;
          (3) the authorities to be exercised and the actions 
        to be taken in the exercise of those authorities to 
        deal with those circumstances;
          (4) why the President believes such actions are 
        necessary to deal with those circumstances; and
          (5) any foreign countries with respect to which such 
        actions are to be taken and why such actions are to be 
        taken with respect to those countries.
    (c) At least once during each succeeding six-month period 
after transmitting a report pursuant to subsection (b) with 
respect to an exercise of authorities under this title, the 
President shall report to the Congress with respect to the 
actions taken, since the last such report, in the exercise of 
such authorities, and with respect to any changes which have 
occurred concerning any information previously furnished 
pursuant to paragraphs (1) through (5) of subsection (b).
    (d) The requirements of this section are supplemental to 
those contained in title IV of the National Emergencies Act.

                     authority to issue regulations

    Sec. 205.\7\ The President may issue such regulations, 
including regulations prescribing definitions, as may be 
necessary for the exercise of the authorities granted by this 
title.
---------------------------------------------------------------------------
    \7\ 50 U.S.C. 1704.
---------------------------------------------------------------------------

                               penalties

    Sec. 206.\8\ (a) A civil penalty of not to exceed $10,000 
\9\ may be imposed on any person who violates any license, 
order or regulation issued under this title.
---------------------------------------------------------------------------
    \8\ 50 U.S.C. 1705.
    \9\ Sec. 629 of the Treasury, Postal Service, and General 
Government Appropriations Act, 1993 (Public Law 102-393; 106 Stat. 
1773) struck out ``$10,000'' and inserted in lieu thereof ``$50,000''. 
Sec. 9155 of the Department of Defense Appropriations Act, 1993 (Public 
Law 102-396; 106 Stat. 1943), however, struck out ``$50,000'' and 
inserted in lieu thereof ``$10,000''.
---------------------------------------------------------------------------
    (b) Whoever willfully violates any license, order, or 
regulation issued under this title shall, upon conviction, be 
fined not more than $50,000, or, if a natural person, may be 
imprisoned for not more than ten years, or both; and any 
officer, director, or agent of any corporation who knowingly 
participates in such violation may be punished by a like fine, 
imprisonment, or both.

                           savings provision

    Sec. 207.\10\ (a)(1) Except as provided in subsection (b), 
notwithstanding the termination pursuant to the National 
Emergencies Act of a national emergency declared for purposes 
of this title, any authorities granted by this title, which are 
exercised on the date of such termination on the basis of such 
national emergency to prohibit transactions involving property 
in which a foreign country or national thereof has any 
interest, may continue to be so exercised to prohibit 
transactions involving that property if the President 
determines that the continuation of such prohibition with 
respect to that property is necessary on account of claims 
involving such country of its nationals.
---------------------------------------------------------------------------
    \10\ 50 U.S.C. 1706.
---------------------------------------------------------------------------
    (2) Notwithstanding the termination of the authorities 
described in section 101(b) of this Act, any such authorities, 
which are exercised with respect to a country on the date of 
such termination to prohibit transactions involving any 
property in which such country or any national thereof has any 
interest, may continue to be exercised to prohibit transactions 
involving that property if the President determines that the 
continuation of such prohibition with respect to that property 
is necessary on account of claims involving such country or its 
nationals.
    (b) The authorities described in subsection (a)(1) may not 
continue to be exercised under this section if the national 
emergency is terminated by the Congress by concurrent 
resolution pursuant to section 202 of the National Emergencies 
Act and if the Congress specifies in such concurrent resolution 
that such authorities may not continue to be exercised under 
this section.
    (c)(1) The provisions of this section are supplemental to 
the savings provisions of paragraphs (1), (2), and (3) of 
section 101(a) and of paragraphs (A), (B), and (C) of section 
202(a) of the National Emergencies Act.
    (2) The provisions of this section supersede the 
termination provisions of section 101(a) and of title II of the 
National Emergencies Act to the extent that the provisions of 
this section are inconsistent with these provisions.
    (d) If the President uses the authority of this section to 
continue prohibitions on transactions involving foreign 
property interests, he shall report to the Congress every six 
months on the use of such authority.
    Sec. 208.\11\ If any provision of this Act is held invalid, 
the remainder of the Act shall not be affected thereby.
---------------------------------------------------------------------------
    \11\ 50 U.S.C. 1701 note.

             6. Export-Import Bank Act of 1945, as amended

Partial text of Public Law 79-173 [H.R. 3771], 59 Stat. 526, approved 
    July 31, 1945, as amended
 AN ACT To provide for increasing the lending authority of the Export-
       Import Bank of the United States, and for other purposes.
    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Export-Import Bank Act of 1945.''
    Sec. 2. * * *
    (b)(1) (A) It is the policy of the United States to foster 
expansion of exports of manufactured goods, agricultural 
products, and other goods and services, thereby contributing to 
the promotion and maintenance of high levels of employment and 
real income to the increased development of the productive 
resources of the United States. To meet this objective in all 
its programs, the Export-Import Bank is directed, in the 
exercise of its functions, to provide guarantees, insurance, 
and extensions of credit at rates and on terms and other 
conditions which are fully competitive with the Government-
supported rates and terms and other conditions available for 
the financing of exports of goods and services from the 
principal countries whose exporters compete with United States 
exporters. The Bank shall, in cooperation with the export 
financing instrumentalities of other governments, seek to 
minimize competition in Government-supported export financing 
and shall, in cooperation with other appropriate United States 
Government agencies, seek to reach international agreements to 
reduce government subsidized export financing. The Bank shall, 
on a annual basis, report to the appropriate committees of 
Congress its actions in complying with these directives. In 
this report the Bank shall include a survey of all other major 
export-financing facilities available from other governments 
and government-related agencies through which foreign exporters 
compete with United States exporters and indicate in specific 
terms the ways in which the Bank's rates, terms, and other 
conditions compare with those offered from such other 
governments directly or indirectly. Further the Bank shall at 
the same time survey a representative number of United States 
exporters and United States commercial lending institutions 
which provide export credit to determine their experience in 
meeting financial competition from other countries whose 
exporters compete with United States exporters. The results of 
this survey shall be included as part of the annual report \1\ 
required by this subparagraph. The Bank shall include in the 
annual report a description of its role in the implementation 
of the strategic plan prepared by the Trade Promotion 
Coordinating Committee in accordance with section 2312 of the 
Export Enhancement Act of 1988.\2\
---------------------------------------------------------------------------
    \1\ So in original. Should read ``an''. This requirement was 
altered from a semiannual report to an annual report by sec. 210 of 
Public Law 96-470 (94 Stat. 2245).
    \2\ Sec. 121(a)(2) of the Export Enhancement Act of 1992 (Public 
Law 102-429; 106 Stat. 2198) struck out ``The Bank shall also include 
in the annual report a description of each loan by the Bank involving 
the export of any product or service related to the production, 
refining, or transportation of any type of energy or the development of 
any energy resources with a statement assessing the impact, if any, on 
the availability of such products, services, or energy supplies thus 
developed for use within the United States.'', and inserted in lieu 
thereof ``The Bank shall include in the annual report a description of 
its role in the implementation of the strategic plan prepared by the 
Trade Promotion Coordinating Committee in accordance with section 2312 
of the Export Enhancement Act of 1988.''.
---------------------------------------------------------------------------
    (B) It is further the policy of the United States that 
loans made by the Bank in all its programs shall bear interest 
at rates determined by the Board of Directors, consistent with 
the Bank's mandate to support United States exports at rates 
and on terms and conditions which are fully competitive with 
exports of other countries, and consistent with international 
agreements. For the purpose of the preceding sentence, rates 
and terms and conditions need not be identical in all respects 
to those offered by foreign countries, but should be 
established so that the effect of such rates, terms, and 
conditions for all the Bank's programs, including those for 
small businesses and for medium-term financing, will be to 
neutralize the effect of such foreign credit on international 
sales competition. The Bank shall consider its average cost of 
money as one factor in its determination of interest rates, 
where such consideration does not impair the Bank's primary 
function of expanding United States exports through fully 
competitive financing. The Bank may not impose a credit 
application fee unless (i) the fee is competitive with the 
average fee charged by the Bank's primary foreign competitors, 
and (ii) the borrower or the exporter is given the option of 
paying the fee at the outset of the loan or over the life of 
the loan and the present value of the fee determined under 
either such option is the same amount. It is also the policy of 
the United States that the Bank in the exercise of its 
functions should supplement and encourage, and not compete 
with, private capital; that the Bank, in determining whether to 
provide support for a transaction under the loan, guarantee, or 
insurance program, or any combination thereof, shall consider 
the need to involve private capital in support of United States 
exports as well as the cost of the transaction as calculated in 
accordance with the requirements of the Federal Credit Reform 
Act of 1990; \3\ that the Bank shall accord equal opportunity 
to export agents and managers, independent export firms, export 
trading companies, and small commercial banks in the 
formulation and implementation of its programs; that the Bank 
should give emphasis to assisting new and small business 
entrants in the agricultural export market, and shall, in 
cooperation with other relevant Government agencies, including 
the Commodity Credit Corporation, develop a program of 
education to increase awareness of export opportunities among 
small agribusinesses and cooperatives, that loans, so far as 
possible consistent with the carrying out of the purposes of 
subsection (a) of this section, shall generally be for specific 
purposes, and, in the judgment of the Board of Directors, offer 
reasonable assurance of repayment; and that in authorizing any 
loan or guarantee, the Board of Directors shall take into 
account any serious adverse effect of such loan or guarantee on 
the competitive position of United States industry, the 
availability of materials which are in short supply in the 
United States, and employment in the United States, and shall 
give particular emphasis to the objective of strengthening the 
competitive position of United States exporters and thereby of 
expanding total United States exports. Only in cases where the 
President determines that such action would be in the national 
interest where such action would clearly and importantly 
advance United States policy in such areas as international 
terrorism, nuclear proliferation, environmental protection and 
human rights, should the Export-Import Bank deny applications 
for credit for nonfinancial or noncommercial considerations.\4\
---------------------------------------------------------------------------
    \3\ Sec. 104 of the Export Enhancement Act of 1992 (Public Law 102-
429; 106 Stat. 2189) added this clause.
    \4\ Popularly referred to as the Chafee amendment. Sec. 1904 of 
Public Law 95-630 (92 Stat. 3724) struck out a phrase concerning human 
rights, which had been added by sec. 2 of Public Law 95-143 (91 Stat. 
1210), and substituted the words to this point beginning with ``and 
shall give particular emphasis to''.
---------------------------------------------------------------------------
    (C) Consistent with the policy of section 501 of the 
Nuclear Non-Proliferation Act of 1978 and section 119 of the 
Foreign Assistance Act of 1961, the Board of Directors shall 
name an officer of the Bank whose duties shall include advising 
the President of the Bank on ways or promoting the export of 
goods and services to be used in the development, production, 
and distribution of nonnuclear renewable energy resources, 
disseminating information concerning export opportunities and 
the availability of Bank support for such activities, and 
acting as a liaison between the Bank and the Department of 
Commerce and other appropriate departments and agencies.
    (D) (i) It is further the policy of the United States to 
foster the delivery of United States services in international 
commerce. In exercising its powers and functions, the Bank 
shall give full and equal consideration to making loans and 
providing guarantees for the export of services (independently, 
or in conjunction with the export of manufactured goods, 
equipment, hardware or other capital goods) consistent with the 
Bank's policy to neutralize foreign subsidized credit 
competition and to supplement the private capital market.
    (ii) The Bank shall include in its annual report a summary 
of its programs regarding the export of services.
    (E) (i)(I) It is further the policy of the United States to 
encourage the participation of small business in international 
commerce.
    (II) In exercising its authority, the Bank shall develop a 
program which gives fair consideration to making loans and 
providing guarantees for the export of goods and services by 
small businesses.
    (ii) It is further the policy of the United States that the 
Bank shall give due recognition to the policy stated in section 
2(a) of the Small Business Act that ``the Government should 
aid, counsel, assist, and protect, insofar as is possible, the 
interests of small business concerns in order to preserve free 
competitive enterprise''.
    (iii) In furtherance of this policy, the Board of Directors 
shall designate an officer of the Bank who--
          (I) shall be responsible to the President of the Bank 
        for all matters concerning or affecting small business 
        concerns; and
          (II) among other duties, shall be responsible for 
        advising small business concerns of the opportunities 
        for small business concerns in the functions of the 
        Bank and for maintaining liaison with the Small 
        Business Administration and other departments and 
        agencies in matters affecting small business concerns.)
    (iv) The Director appointed to represent the interests of 
small business under section 3(c) of this Act shall ensure that 
the Bank carries out its responsibilities under clauses (ii) 
and (iii) of this subparagraph and that the Bank's financial 
and other resources are, to the maximum extent possible, 
appropriately used for small business needs.
    (v) To assure that the purposes of clauses (i) and (ii) of 
this subparagraph are carried out, the Bank shall make 
available, from the aggregate loan, guarantee, and insurance 
authority available to it, an amount to finance exports 
directly by small business concerns (as defined under section 3 
of the Small Business Act) which shall be not less than 10 
percent of such authority for each fiscal year.\5\
---------------------------------------------------------------------------
    \5\ Sec. 121(a)(3) of the Export Enhancement Act of 1992 (Public 
Law 102-429; 106 Stat. 2198) struck out ``not less than--(I) 6 per 
centum of such authority for fiscal year 1984; (II) 8 per centum of 
such authority for fiscal year 1985; and (III) 10 per centum of such 
authority for fiscal year 1986 and thereafter.'', and inserted in lieu 
thereof ``not less than 10 percent of such authority for each fiscal 
year.''.
---------------------------------------------------------------------------
    (vi) The Bank shall utilize the amount set-aside pursuant 
to clause (v) of this subparagraph to offer financing for small 
business exports on terms which are fully competitive with 
regard to interest rates and with regard to the portion of 
financing which may be provided, guaranteed, or insured. 
Financing under this clause (vi) shall be available without 
regard to whether financing for the particular transaction was 
disapproved by any other Federal agency.
    (vii)(I) The Bank shall utilize a part of the amount set 
aside pursuant to clause (v) to provide lines of credit or 
guarantees to consortia of small or medium size banks, export 
trading companies, State export finance agencies, export 
financing cooperatives, small business investment companies (as 
defined in section 103 of the Small Business Investment Act of 
1958), or other financing institutions or entities in order to 
finance small business exports.
    (II) Financing under this clause (vii) shall be made 
available only where the consortia or the participating 
institutions agree to undertake processing, servicing, and 
credit evaluation functions in connection with such financing.
    (III) To the maximum extent practicable, the Bank shall 
delegate to the consortia the authority to approve financing 
under this clause (vii).
    (IV) In the administration of the program under this clause 
(vii), the Bank shall provide appropriate technical assistance 
to participating consortia and may require such consortia 
periodically to furnish information to the Bank regarding the 
number and amount of loans made and the creditworthiness of the 
borrowers.
    (viii) In order to assure that the policy stated in clause 
(i) is carried out, the Bank shall promote small business 
exports and its small business export financing programs in 
cooperation with the Secretary of Commerce, the Office of 
International Trade of the Small Business Administration, and 
the private sector, particularly small business organizations, 
State agencies, chambers of commerce, banking organizations, 
export management companies, export trading companies and 
private industry.
    (ix) The Bank shall provide, through creditworthy trade 
associations, export trading companies, State export finance 
companies, export finance cooperatives, and other multiple-
exporter organizations, medium-term risk protection coverage 
for the members and clients of such organizations. Such 
coverage shall be made available to each such organization 
under a single risk protection policy covering its members or 
clients. Nothing in this provision shall be interpreted as 
limiting the Bank's authority to deny support for specific 
transactions or to disapprove a request by such an organization 
to participate in such coverage.
    (F) Consistent with international agreements, the Bank 
shall urge the Foreign Credit Insurance Association to provide 
coverage against 100 per centum of any loss with respect to 
exports having a value of less than $100,000.
    (G) Participation in or access to long-, medium-, and 
short-term financing, guarantees, and insurance provided by the 
Bank shall not be denied solely because the entity seeking 
participation or access is not a bank or is not a United States 
person.
    (H) \6\ (i) It is further the policy of the United States 
to foster the development of democratic institutions and market 
economies in countries seeking such development, and to assist 
the export of high technology items to such countries.
---------------------------------------------------------------------------
    \6\ Sec. 114 of the Export Enhancement Act of 1992 (Public Law 102-
429; 106 Stat. 2195) added subpar. (H).
---------------------------------------------------------------------------
    (ii) In exercising its authority, the Bank shall develop a 
program for providing guarantees and insurance with respect to 
the export of high technology items to countries making the 
transition to market based economies, including eligible East 
European countries (within the meaning of section 4 of the 
Support For East European Democracy (SEED) Act of 1989).
    (iii) As part of the ongoing marketing and outreach efforts 
of the Bank, the Bank shall, to the maximum extent practicable, 
inform high technology companies, particularly small business 
concerns (as such term is defined in section 3 of the Small 
Business Act), about the programs of the Bank for United States 
companies interested in exporting high technology goods to 
countries making the transition to market based economies, 
including any eligible East European country (within the 
meaning of section 4 of the Support For East European Democracy 
(SEED) Act of 1989).
    (iv) In carrying out clause (iii), the Bank shall--
          (I) work with other agencies involved in export 
        promotion and finance; and
          (II) invite State and local governments, trade 
        centers, commercial banks, and other appropriate public 
        and private organizations to serve as intermediaries 
        for the outreach efforts.

                        7. Internal Revenue Code

   a. Federal Income Tax Forgiveness for U.S. Military and Civilian 
                       Employees Killed Overseas

  Partial text of Title 26, United States Code--Internal Revenue Code

                        Subtitle A--Income Taxes

                  CHAPTER 1--NORMAL TAXES AND SURTAXES

      Subchapter J--Estates, Trusts, Beneficiaries, and Decedents

Part II--Income in Respect of Decedents

           *       *       *       *       *       *       *


Sec. 692. Income taxes on members of Armed Forces on death

           *       *       *       *       *       *       *


    (c) Certain military or civilian employees of the United 
States dying as a result of injuries sustained overseas
          (1) In general
          In the case of any individual who dies while a 
        military or civilian employee of the United States, if 
        such death occurs as a result of wounds or injury which 
        was incurred while the individual was a military or 
        civilian employee of the United States and which was 
        incurred outside the United States in a terroristic or 
        military action, any tax imposed by this subtitle shall 
        not apply--
                  (A) with respect to the taxable year in which 
                falls the date of his death, and
                  (B) with respect to any prior taxable year in 
                the period beginning with the last taxable year 
                ending before the taxable year in which the 
                wounds or injury were incurred.
          (2) Terroristic or military action
          For purposes of paragraph (1), the term ``terroristic 
        or military action'' means--
                  (A) any terroristic activity which a 
                preponderance of the evidence indicates was 
                directed against the United States or any of 
                its allies, and
                  (B) any military action involving the Armed 
                Forces of the United States and resulting from 
                violence or aggression against the United 
                States or any of its allies (or threat 
                thereof).
          For purposes of the preceding sentence, the term 
        ``military action'' does not include training 
        exercises.
          (3) Treatment of multinational forces
          For purposes of paragraph (2), any multinational 
        force in which the United States is participating shall 
        be treated as an ally of the United States.

                    b. Denial of Foreign Tax Credit

  Partial text of Title 26, United States Code--Internal Revenue Code

                        Subtitle A--Income Taxes

                  CHAPTER 1--NORMAL TAXES AND SURTAXES

 Subchapter N--Tax Based on Income From Sources Within or Without the 
                             United States

   Part III--Income from Sources Within or Without the United States

                     subpart a--foreign tax credit

Sec. 901. Taxes of foreign countries and of possessions of United 
                    States

           *       *       *       *       *       *       *


    (j) Denial of foreign tax credit, etc., with respect to 
certain foreign countries
         (1) In general
          Notwithstanding any other provision of this part--
                  (A) no credit shall be allowed under 
                subsection (a) for any income, war profits, or 
                excess profits taxes paid or accrued (or deemed 
                paid under section 902 or 960) to any country 
                if such taxes are with respect to income 
                attributable to a period during which this 
                subsection applies to such country, and
                  (B) subsections (a), (b), and (c) of section 
                904 and sections 902 and 960 shall be applied 
                separately with respect to income attributable 
                to such a period from sources within such 
                country.
         (2) Countries to which subsection applies
                  (A) In general
                  This subsection shall apply to any foreign 
                country--
                          (i) the government of which the 
                        United States does not recognize, 
                        unless such government is otherwise 
                        eligible to purchase defense articles 
                        or services under the Arms Export 
                        Control Act,
                          (ii) with respect to which the United 
                        States has severed diplomatic 
                        relations,
                          (iii) with respect to which the 
                        United States has not severed 
                        diplomatic relations but does not 
                        conduct such relations, or
                          (iv) which the Secretary of State 
                        has, pursuant to section 6(j) of the 
                        Export Administration Act of 1979, as 
                        amended, designated as a foreign 
                        country which repeatedly provides 
                        support for acts of international 
                        terrorisms.
                  (B) Period for which subsection applies
                  This subsection shall apply to any foreign 
                country described in subparagraph (A) during 
                the period--
                          (i) beginning on the later of--
                                  (I) January 1, 1987, or
                                  (II) 6 months after such 
                                country becomes a country 
                                described in subparagraph (A), 
                                and
                          (ii) ending on the date the Secretary 
                        of State certifies to the Secretary of 
                        the Treasury that such country is no 
                        longer described in subparagraph (A).

            8. Bretton Woods Agreements Act Amendments, 1978

Partial text of Public Law 95-435 [H.R. 9214], 92 Stat. 1051, approved 
                      October 10, 1978, as amended

   AN ACT To amend the Bretton Woods Agreements Act to authorize the 
United States to participate in the Supplementary Financing Facility of 
the International Monetary Fund.

           *       *       *       *       *       *       *


    Sec. 6.\1\ The Secretary of the Treasury shall instruct the 
Executive Director of the United States to the International 
Monetary Fund to work in opposition to any extension of 
financial or technical assistance by the Supplemental Financing 
Facility or by any other agency or facility of such Fund to any 
country the government of which--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 286e-11.
---------------------------------------------------------------------------
          (1) permits entry into the territory of such country 
        to any person who has committed an act of international 
        terrorism, including any act of aircraft hijacking, or 
        otherwise supports, encourages, or harbors such person; 
        or
          (2) fails to take appropriate measures to prevent any 
        such person from committing any such act outside the 
        territory of such country.

           *       *       *       *       *       *       *


              9. International Financial Institutions Act

Partial text of Public Law 95-118 [H.R. 5262], 91 Stat. 1067, approved 
                      October 3, 1977, as amended

_______________________________________________________________________


          Note.--Except for the provisions noted below, this 
        Act consists of amendments to the Bretton Woods 
        Agreements Act, International Finance Corporation Act, 
        International Development Association Act, Asian 
        Development Bank Act, African Development Fund Act, and 
        the Inter-American Development Bank Act.

_______________________________________________________________________


 AN ACT To provide for increased participation by the United States in 
    the International Bank for Reconstruction and Development, the 
   International Development Association, the International Finance 
Corporation, the Asian Development Bank and the Asian Development Fund, 
                        and for other purposes.

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

                              short title

    Section 1. This Act may be cited as the International 
Financial Institutions Act.

           *       *       *       *       *       *       *


                        TITLE VII--HUMAN RIGHTS

    Sec. 701.\1\ (a) \2\ The United States Government, in 
connection with its voice and vote in the International Bank 
for Reconstruction and Development, the International 
Development Association, the International Finance Corporation, 
the Inter-American Development Bank, the African Development 
Fund, the Asian Development Bank, the African Development Bank, 
the European Bank for Reconstruction and Development, and the 
International Monetary Fund,\3\ shall advance the cause of 
human rights, including by seeking to channel assistance toward 
countries other than those whose governments engage in--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 262d. Section 701 was invoked in sec. 586G(a)(5) of 
the Iraq Sanctions Act of 1990, as contained in the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1991 (Public 
Law 101-513; 104 Stat. 1979 at 2052).
    See also secs. 568, 576, and 579 in Title V of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1997 (sec. 101(c) of title I of Public Law 104-208; 110 Stat. 3009).
    \2\ Sec. 823(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 512), provided the 
following:
    ``(a) In General.--The Secretary of the Treasury shall instruct the 
United States executive director to each of the international financial 
institutions described in section 701(a) of the International Financial 
Institutions Act (22 U.S.C. 262d(a)) to use the voice and vote of the 
United States to oppose any use of the institution's funds to promote 
the acquisition of unsafeguarded special nuclear material or the 
development, stockpiling, or use of any nuclear explosive device by any 
non-nuclear-weapon state.''.
    See also amendment and note at subsec. (b)(3) of this section.
    \3\ Reference to the European Bank for Reconstruction and 
Development and the International Monetary Fund was added by sec. 
1008(a) of the FREEDOM Support Act (Public Law 102-511; 106 Stat. 
3361).
---------------------------------------------------------------------------
          (1) a pattern of gross violations of internationally 
        recognized human rights, such as torture or cruel, 
        inhumane, or degrading treatment or punishment, 
        prolonged detention without charges, or other flagrant 
        denial to life, liberty, and the security of person; or
          (2) provide refuge to individuals committing acts of 
        international terrorism by hijacking aircraft.

           *       *       *       *       *       *       *


TITLE XVI--HUMAN WELFARE

           *       *       *       *       *       *       *


SEC. 1621.\4\ OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL 
                    INSTITUTIONS TO TERRORIST STATES.

    (a) In General.--The Secretary of the Treasury shall 
instruct the United States executive director of each 
international financial institution to use the voice and vote 
of the United States to oppose any loan or other use of the 
funds of the respective institution to or for a country for 
which the Secretary of State has made a determination under 
section 6(j) of the Export Administration Act of 1979 (50 
U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2371).
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 262p-4q. Added by sec. 327 of the Antiterrorism and 
Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 
1257), resulting in two ``Sec. 1621''.
    Similar language had previously been adopted in annual foreign 
assistance appropriations acts since FY 1988.
---------------------------------------------------------------------------
    (b) Definition.--For purposes of this section, the term 
``international financial institution'' includes--
          (1) the International Bank for Reconstruction and 
        Development, the International Development Association, 
        and the International Monetary Fund;
          (2) wherever applicable, the Inter-American Bank, the 
        Asian Development Bank, the European Bank for 
        Reconstruction and Development, the African Development 
        Bank, and the African Development Fund; and
          (3) any similar institution established after the 
        date of enactment of this section.

          10. Inter-American Development Bank Act, as amended

  Partial text of Public Law 86-147 [S. 1928], 73 Stat. 299, approved 
                       August 7, 1959, as amended

  AN ACT To provide for the participation of the United States in the 
                    Inter-American Development Bank.

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

                              short title

    Section 1. This Act may be cited as the ``Inter-American 
Development Bank Act''.

           *       *       *       *       *       *       *

    Sec. 37.\1\ (a) The Secretary of the Treasury is authorized 
to contribute, and to make payment of, $500,000,000 to the 
Multilateral Investment Fund established pursuant to the 
agreements of February 11, 1992: Provided, That such funds 
shall only be disbursed from the Fund to countries that have 
governments that are democratically elected, that do not harbor 
or sponsor international terrorists; that do not fail to 
cooperate in narcotics matters; and that do not engage in a 
consistent pattern of gross violations of internationally 
recognized human rights.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 283z-9. Added by sec. 594(b) of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1993 (Public Law 102-391; 106 Stat. 1693).
---------------------------------------------------------------------------
    (b) There is hereby authorized to be appropriated without 
fiscal year limitation $500,000,000 for the contribution 
authorized in subsection (a).\2\
---------------------------------------------------------------------------
    \2\ Appropriations for U.S. contributions authorized in sec. 36(b) 
have been provided in the following amounts and Public Laws: fiscal 
year 1993--$90 million (Public Law 102-391); fiscal year 1994--$75 
million (Public Law 103-87); fiscal year 1995--75 million (Public Law 
103-306); fiscal year 1996--75 million (Public Law 104-107); fiscal 
year 1997--53.75 million (Public Law 104-208).

           *       *       *       *       *       *       *

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=======================================================================




                          F. AVIATION SECURITY

                                CONTENTS

                                                                   Page

1. Aviation Programs (Title 49, United State Code) (partial text)   319
      Subtitle VII--Aviation Programs............................   319
2. Federal Aviation Reauthorization Act of 1996 (Public Law 104-
    264) (partial text)..........................................   343
3. Crimes and Criminal Procedures (Title 18, United States Code).   348
      Chapter 2--Aircraft and Motor Vehicles.....................   348
            Section 32--Destruction of Aircraft or Aircraft 
                Facilities.......................................   348
            Section 37--Violence at International Airports.......   349
4. Aviation Security Improvement Act of 1990, as amended (Public 
    Law 101-604) (partial text)..................................   351
5. International Security and Development Cooperation Act of 1985 
    (Public Law 99-83) (partial text)............................   358
      Title V--International Terrorism and Foreign Airport 
          Security...............................................   358

=======================================================================

                          1. Aviation Programs

      Partial text of Title 49, United States Code--Transportation




        Note.--Public Law 103-272 (108 Stat. 745) repealed 
        several Public Laws relating to transportation, 
        aviation, and airport security, and consolidated their 
        substance into 49 U.S.C.




                    SUBTITLE VII--AVIATION PROGRAMS

                    PART A--AIR COMMERCE AND SAFETY

                           subpart i--general

CHAPTER 401--GENERAL PROVISIONS

           *       *       *       *       *       *       *


Sec. 40106. Emergency powers

    (a) Deviations From Regulations.--Appropriate military 
authority may authorize aircraft of the armed forces of the 
United States to deviate from air traffic regulations 
prescribed under section 40103(b)(1) and (2) of this title when 
the authority decides the deviation is essential to the 
national defense because of a military emergency or urgent 
military necessity. The authority shall--
          (1) give the Administrator of the Federal Aviation 
        Administration prior notice of the deviation at the 
        earliest practicable time; and
          (2) to the extent time and circumstances allow, make 
        every reasonable effort to consult with the 
        Administrator and arrange for the deviation in advance 
        on a mutually agreeable basis.
    (b) Suspension of Authority.--(1) When the President 
decides that the government of a foreign country is acting 
inconsistently with the Convention for the Suppression of 
Unlawful Seizure of Aircraft or that the government of a 
foreign country allows territory under its jurisdiction to be 
used as a base of operations or training of, or as a sanctuary 
for, or arms, aids, or abets, a terrorist organization that 
knowingly uses the unlawful seizure, or the threat of an 
unlawful seizure, of an aircraft as an instrument of policy, 
the President may suspend the authority of--
          (A) an air carrier or foreign air carrier to provide 
        foreign air transportation to an from that foreign 
        country;
          (B) a person to operate aircraft in foreign air 
        commerce to and from that foreign country;
          (C) a foreign air carrier to provide foreign air 
        transportation between the United states and another 
        country that maintains air service with the foreign 
        country; and
          (D) a foreign person to operate aircraft in foreign 
        air commerce between the United States and another 
        country that maintains air service with the foreign 
        country.
    (2) The President may act under this subsection without 
notice or a hearing. The suspension remains in effect for as 
long as the President decides is necessary to ensure the 
security of aircraft against unlawful seizure. Notwithstanding 
section 40105(b) of this title, the authority of the President 
to suspend rights under this subsection is a condition to a 
certificate of public convenience and necessity, air carrier 
operating certificate, foreign air carrier or foreign aircraft 
permit, or foreign air carrier operating specification issued 
by the Secretary of Transportation under this part.
    (3) An air carrier or foreign air carrier may not provide 
foreign air transportation, and a person may not operate 
aircraft in foreign air commerce, in violation of a suspension 
of authority under this subsection.

           *       *       *       *       *       *       *


                          subpart iii--safety

                         CHAPTER 449--SECURITY

                       subchapter i--requirements

Sec. 44901. Screening passengers and property

    (a) General Requirements.--The Administrator of the Federal 
Aviation Administration shall prescribe regulations requiring 
screening of all passengers and property that will be carried 
in a cabin of an aircraft in air transportation or intrastate 
air transportation. The screening must take place before 
boarding and be carried out by a weapon-detecting facility or 
procedure used or operated by an employee or agent of an air 
carrier, intrastate air carrier, or foreign air carrier.
    (b) Amending Regulations.--Notwithstanding subsection (a) 
of this section, the Administrator may amend a regulation 
prescribed under subsection (a) to require screening only to 
ensure security against criminal violence and aircraft piracy 
in air transportation and intrastate air transportation.
    (c) Exemptions and Advising Congress on Regulations.--The 
Administrator--
          (1) may exempt from this section air transportation 
        operations, except scheduled passenger operations of an 
        air carrier providing air transportation under a 
        certificate issued under section 41102 of this title or 
        a permit issued under section 41302 of this title; and
          (2) shall advise Congress of a regulation to be 
        prescribed under this section at least 30 days before 
        the effective date of the regulation, unless the 
        Administrator decides an emergency exists requiring the 
        regulation to become effective in fewer than 30 days 
        and notifies Congress of that decision.

Sec. 44902. Refusal to transport passengers and property

    (a) Mandatory Refusal.--The Administrator of the Federal 
Aviation Administration shall prescribe regulations requiring 
an air carrier, intrastate air carrier, or foreign air carrier 
to refuse to transport--
          (1) a passenger who does not consent to a search 
        under section 44901(a) of this title establishing 
        whether the passenger is carrying unlawfully a 
        dangerous weapon, explosive, or other destructive 
        substance; or
          (2) property of a passenger who does not consent to a 
        search of the property establishing whether the 
        property unlawfully contains a dangerous weapon, 
        explosive, or other destructive substance.
    (b) Permissive Refusal.--Subject to regulations of the 
Administrator, an air carrier, intrastate air carrier, or 
foreign air carrier may refuse to transport a passenger or 
property the carrier decides is, or might be, inimical to 
safety.
    (c) Agreeing to Consent to Search.--An agreement to carry 
passengers or property in air transportation or intrastate air 
transportation by an air carrier, intrastate air carrier, or 
foreign air carrier is deemed to include an agreement that the 
passenger or property will not be carried if consent to search 
the passenger or property for a purpose referred to in this 
section is not given.

Sec. 44903. Air transportation security

    (a) Definition.--In this section, ``law enforcement 
personnel'' means individuals--
          (1) authorized to carry and use firearms;
          (2) vested with the degree of the police power of 
        arrest the Administrator of the Federal Aviation 
        Administration considers necessary to carry out this 
        section; and
          (3) identifiable by appropriate indicia of authority.
    (b) Protection Against Violence and Piracy.--The 
Administrator shall prescribe regulations to protect passengers 
and property on an aircraft operating in air transportation or 
intrastate air transportation against an act of criminal 
violence or aircraft piracy. When prescribing a regulation 
under this subsection, the Administrator shall--
          (1) consult with the Secretary of Transportation, the 
        Attorney General, the heads of other departments, 
        agencies, and instrumentalities of the United States 
        Government, and State and local authorities;
          (2) consider whether a proposed regulation is 
        consistent with--
                  (A) protecting passengers; and
                  (B) the public interest in promoting air 
                transportation and intrastate air 
                transportation;
          (3) to the maximum extent practicable, require a 
        uniform procedure for searching and detaining 
        passengers and property to ensure--
                  (A) their safety; and
                  (B) courteous and efficient treatment by an 
                air carrier, an agent or employee of an air 
                carrier, and Government, State, and local law 
                enforcement personnel carrying out this 
                section; and
          (4) consider the extent to which a proposed 
        regulation will carry out this section.
    (c) Security Programs.--(1) The Administrator shall 
prescribe regulations under subsection (b) of this section that 
require each operator of an airport regularly serving an air 
carrier holding a certificate issued by the Secretary of 
Transportation to establish an air transportation security 
program that provides a law enforcement presence and capability 
at each of those airports that is adequate to ensure the safety 
of passengers. The regulations shall authorize the operator to 
use the services of qualified State, local, and private law 
enforcement personnel. When the Administrator decides, after 
being notified by an operator in the form the Administrator 
prescribes, that not enough qualified State, local, and private 
law enforcement personnel are available to carry out subsection 
(b), the Administrator may authorize the operator to use, on a 
reimbursable basis, personnel employed by the Administrator, or 
by another department, agency, or instrumentality of the 
Government with the consent of the head of the department, 
agency, or instrumentality, to supplement State, local, and 
private law enforcement personnel. When deciding whether 
additional personnel are needed, the Administrator shall 
consider the number of passengers boarded at the airport, the 
extent of anticipated risk of criminal violence or aircraft 
piracy at the airport or to the air carrier aircraft operations 
at the airport, and the availability of qualified State or 
local law enforcement personnel at the airport.
    (2)(A) The Administrator may approve a security program of 
an airport operator, or an amendment in an existing program, 
that incorporates a security program of an airport tenant 
(except an air carrier separately complying with part 108 or 
129 of title 14, Code of Federal Regulations) having access to 
a secured area of the airport, if the program or amendment 
incorporates--
          (i) the measures the tenant will use, within the 
        tenant's leased areas or areas designated for the 
        tenant's exclusive use under an agreement with the 
        airport operator, to carry out the security 
        requirements imposed by the Administrator on the 
        airport operator under the access control system 
        requirements of section 107.14 of title 14, Code of 
        Federal Regulations, or under other requirements of 
        part 107 of title 14; and
          (ii) the methods the airport operator will use to 
        monitor and audit the tenant's compliance with the 
        security requirements and provides that the tenant will 
        be required to pay monetary penalties to the airport 
        operator if the tenant fails to carry out a security 
        requirement under a contractual provision or 
        requirement imposed by the airport operator.
    (B) If the Administrator approves a program or amendment 
described in subparagraph (A) of this paragraph, the airport 
operator may not be found to be in violation of a requirement 
of this subsection or subsection (b) of this section when the 
airport operator demonstrates that the tenant or an employee, 
permittee, or invitee of the tenant is responsible for the 
violation and that the airport operator has complied with all 
measures in its security program for securing compliance with 
its security program by the tenant.
    (d) Authorizing Individuals To Carry Firearms and Make 
Arrests.--With the approval of the Attorney General and the 
Secretary of State, the Secretary of Transportation may 
authorize an individual who carries out air transportation 
security duties--
          (1) to carry firearms; and
          (2) to make arrests without warrant for an offense 
        against the United States committed in the presence of 
        the individual or for a felony under the laws of the 
        United States, if the individual reasonably believes 
        the individual to be arrested has committed or is 
        committing a felony.
    (e) Exclusive Responsibility Over Passenger Safety.--The 
Administrator has the exclusive responsibility to direct law 
enforcement activity related to the safety of passengers on an 
aircraft involved in an offense under section 46502 of this 
title from the moment all external doors of the aircraft are 
closed following boarding until those doors are opened to allow 
passengers to leave the aircraft. When requested by the 
Administrator, other departments, agencies, and 
instrumentalities of the Government shall provide assistance 
necessary to carry out this subsection.

Sec. 44904. Domestic air transportation system security

    (a) Assessing Threats.--The Administrator of the Federal 
Aviation Administration and the Director of the Federal Bureau 
of Investigation jointly shall assess current and potential 
threats to the domestic air transportation system. The 
assessment shall include consideration of the extent to which 
there are individuals with the capability and intent to carry 
out terrorist or related unlawful acts against that system and 
the ways in which those individuals might carry out those acts. 
The Administrator and the Director jointly shall decide on and 
carry out the most effective method for continuous analysis and 
monitoring of security threats to that system.
    (b) Assessing Security.--In coordination with the Director, 
the Administrator shall carry out periodic threat and 
vulnerability assessments on security at each airport that is 
part of the domestic air transportation system. Each assessment 
shall include consideration of--
          (1) the adequacy of security procedures related to 
        the handling and transportation of checked baggage and 
        cargo;
          (2) space requirements for security personnel and 
        equipment;
          (3) separation of screened and unscreened passengers, 
        baggage, and cargo;
          (4) separation of the controlled and uncontrolled 
        areas of airport facilities; and
          (5) coordination of the activities of security 
        personnel of the Administration, the United States 
        Customs Service, the Immigration and Naturalization 
        Service, and air carriers, and of other law enforcement 
        personnel.
    (c) Improving Security.--The Administrator shall take 
necessary actions to improve domestic air transportation 
security by correcting any deficiencies in that security 
discovered in the assessments, analyses, and monitoring carried 
out under this section.

Sec. 44905. Information about threats to civil aviation

    (a) Providing Information.--Under guidelines the Secretary 
of Transportation prescribes, an air carrier, airport operator, 
ticket agent, or individual employed by an air carrier, airport 
operator, or ticket agent, receiving information (except a 
communication directed by the United States Government) about a 
threat to civil aviation shall provide the information promptly 
to the Secretary.
    (b) Flight Cancellation.--If a decision is made that a 
particular threat cannot be addressed in a way adequate to 
ensure, to the extent feasible, the safety of passengers and 
crew of a particular flight or series of flights, the 
Administrator of the Federal Aviation Administration shall 
cancel the flight or series of flights.
    (c) Guidelines on Public Notice.--(1) The President shall 
develop guidelines for ensuring that public notice is provided 
in appropriate cases about threats to civil aviation. The 
guidelines shall identify officials responsible for--
          (A) deciding, on a case-by-case basis, if public 
        notice of a threat is in the best interest of the 
        United States and the traveling public;
          (B) ensuring that public notice is provided in a 
        timely and effective way, including the use of a toll-
        free telephone number; and
          (C) canceling the departure of a flight or series of 
        flights under subsection (b) of this section.
    (2) The guidelines shall provide for consideration of--
          (A) the specificity of the threat;
          (B) the credibility of intelligence information 
        related to the threat;
          (C) the ability to counter the threat effectively;
          (D) the protection of intelligence information 
        sources and methods;
          (E) cancellation, by an air carrier or the 
        Administrator, of a flight or series of flights instead 
        of public notice;
          (F) the ability of passengers and crew to take steps 
        to reduce the risk to their safety after receiving 
        public notice of a threat; and
          (G) other factors the Administrator considers 
        appropriate.
    (d) Guidelines on Notice to Crews.--The Administrator shall 
develop guidelines for ensuring that notice in appropriate 
cases of threats to the security of an air carrier flight is 
provided to the flight crew and cabin crew of that flight.
    (e) Limitation on Notice to Selective Travelers.--Notice of 
a threat to civil aviation may be provided to selective 
potential travelers only if the threat applies only to those 
travelers.
    (f) Restricting Access to Information.--In cooperation with 
the departments, agencies, and instrumentalities of the 
Government that collect, receive, and analyze intelligence 
information related to aviation security, the Administrator 
shall develop procedures to minimize the number of individuals 
who have access to information about threats. However, a 
restriction on access to that information may be imposed only 
if the restriction does not diminish the ability of the 
Government to carry out its duties and powers related to 
aviation security effectively, including providing notice to 
the public and flight and cabin crews under this section.
    (g) Distribution of Guidelines.--The guidelines developed 
under this section shall be distributed for use by appropriate 
officials of the Department of Transportation, the Department 
of State, the Department of Justice, and air carriers.

Sec. 44906.\1\ Foreign air carrier security programs

    The Administrator of the Federal Aviation Administration 
shall continue in effect the requirement of section 129.25 of 
title 14, Code of Federal Regulations, that a foreign air 
carrier must adopt and use a security program approved by the 
Administrator. The Administrator shall not approve a security 
program of a foreign air carrier under section 129.25, or any 
successor regulation, unless the security program requires the 
foreign air carrier in its operations to and from airports in 
the United States to adhere to the identical security measures 
that the Administrator requires air carriers serving the same 
airports to adhere to. The foregoing requirement shall not be 
interpreted to limit the ability of the Administrator to impose 
additional security measures on a foreign air carrier or an air 
carrier when the Administrator determines that a specific 
threat warrants such additional measures. The Administrator 
shall prescribe regulations to carry out this section.
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    \1\ Sec. 322 of Public Law 104-132 (110 Stat. 1254) amended and 
restated sec. 44906.
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Sec. Sec. 44907. Security standards at foreign airports

    (a) Assessment.--(1) At intervals the Secretary of 
Transportation considers necessary, the Secretary shall assess 
the effectiveness of the security measures maintained at--
          (A) a foreign airport--
                  (i) served by an air carrier;
                  (ii) from which a foreign air carrier serves 
                the United States; or
                  (iii) that poses a high risk of introducing 
                danger to international air travel; and
          (B) other foreign airports the Secretary considers 
        appropriate.
    (2) The Secretary of Transportation shall conduct an 
assessment under paragraph (1) of this subsection--
          (A) in consultation with appropriate aeronautic 
        authorities of the government of a foreign country 
        concerned and each air carrier serving the foreign 
        airport for which the Secretary is conducting the 
        assessment;
          (B) to establish the extent to which a foreign 
        airport effectively maintains and carries out security 
        measures; and
          (C) by using a standard that will result in an 
        analysis of the security measures at the airport based 
        at least on the standards and appropriate recommended 
        practices contained in Annex 17 to the Convention on 
        International Civil Aviation in effect on the date of 
        the assessment.
    (3) Each report to Congress required under section 44938(b) 
of this title shall contain a summary of the assessments 
conducted under this subsection.
    (b) Consultation.--In carrying out subsection (a) of this 
section, the Secretary of Transportation shall consult with the 
Secretary of State--
          (1) on the terrorist threat that exists in each 
        country; and
          (2) to establish which foreign airports are not under 
        the de facto control of the government of the foreign 
        country in which they are located and pose a high risk 
        of introducing danger to international air travel.
    (c) Notifying Foreign Authorities.--When the Secretary of 
Transportation, after conducting an assessment under subsection 
(a) of this section, decides that an airport does not maintain 
and carry out effective security measures, the Secretary of 
Transportation, after advising the Secretary of State, shall 
notify the appropriate authorities of the government of the 
foreign country of the decision and recommend the steps 
necessary to bring the security measures in use at the airport 
up to the standard used by the Secretary of Transportation in 
making the assessment.
    (d) Actions When Airports Not Maintaining and Carrying Out 
Effective Security Measures.--(1) When the Secretary of 
Transportation decides under this section that an airport does 
not maintain and carry out effective security measures--
          (A) the Secretary of Transportation shall--
                  (i) publish the identity of the airport in 
                the Federal Register;
                  (ii) have the identity of the airport posted 
                and displayed prominently at all United States 
                airports at which scheduled air carrier 
                operations are provided regularly; and
                  (iii) notify the news media of the identity 
                of the airport;
          (B) each air carrier and foreign air carrier 
        providing transportation between the United States and 
        the airport shall provide written notice of the 
        decision, on or with the ticket, to each passenger 
        buying a ticket for transportation between the United 
        States and the airport;
          (C) notwithstanding section 40105(b) of this title, 
        the Secretary of Transportation, after consulting with 
        the appropriate aeronautic authorities of the foreign 
        country concerned and each air carrier serving the 
        airport and with the approval of the Secretary of 
        State, may withhold, revoke, or prescribe conditions on 
        the operating authority of an air carrier or foreign 
        air carrier that uses that airport to provide foreign 
        air transportation; and
          (D) the President may prohibit an air carrier or 
        foreign air carrier from providing transportation 
        between the United States and any other foreign airport 
        that is served by aircraft flying to or from the 
        airport with respect to which a decision is made under 
        this section.
    (2)(A) Paragraph (1) of this subsection becomes effective--
          (i) 90 days after the government of a foreign country 
        is notified under subsection (c) of this section if the 
        Secretary of Transportation finds that the government 
        has not brought the security measures at the airport up 
        to the standard the Secretary used in making an 
        assessment under subsection (a) of this section; or
          (ii) immediately on the decision of the Secretary of 
        Transportation under subsection (c) of this section if 
        the Secretary of Transportation decides, after 
        consulting with the Secretary of State, that a 
        condition exists that threatens the safety or security 
        of passengers, aircraft, or crew traveling to or from 
        the airport.
    (B) The Secretary of Transportation immediately shall 
notify the Secretary of State of a decision under subparagraph 
(A)(ii) of this paragraph so that the Secretary of State may 
issue a travel advisory required under section 44908(a) of this 
title.
    (3) The Secretary of Transportation promptly shall submit 
to Congress a report (and classified annex if necessary) on 
action taken under paragraph (1) or (2) of this subsection, 
including information on attempts made to obtain the 
cooperation of the government of a foreign country in meeting 
the standard the Secretary used in assessing the airport under 
subsection (a) of this section.
    (4) An action required under paragraph (1)(A) and (B) of 
this subsection is no longer required only if the Secretary of 
Transportation, in consultation with the Secretary of State, 
decides that effective security measures are maintained and 
carried out at the airport. The Secretary of Transportation 
shall notify Congress when the action is no longer required to 
be taken.
    (e) Suspensions.--Notwithstanding sections 40105(b) and 
40106(b) of this title, the Secretary of Transportation, with 
the approval of the Secretary of State and without notice or a 
hearing, shall suspend the right of an air carrier or foreign 
air carrier to provide foreign air transportation, and the 
right of a person to operate aircraft in foreign air commerce, 
to or from a foreign airport when the Secretary of 
Transportation decides that--
          (1) a condition exists that threatens the safety or 
        security of passengers, aircraft, or crew traveling to 
        or from that airport; and
          (2) the public interest requires an immediate 
        suspension of transportation between the United States 
        and that airport.
    (f) Condition of Carrier Authority.--This section is a 
condition to authority the Secretary of Transportation grants 
under this part to an air carrier or foreign air carrier.

Sec. 44908. Travel advisory and suspension of foreign assistance

    (a) Travel Advisories.--On being notified by the Secretary 
of Transportation that the Secretary of Transportation has 
decided under section 44907(d)(2)(A)(ii) of this title that a 
condition exists that threatens the safety or security of 
passengers, aircraft, or crew traveling to or from a foreign 
airport that the Secretary of Transportation has decided under 
section 44907 of this title does not maintain and carry out 
effective security measures, the Secretary of State--
          (1) immediately shall issue a travel advisory for 
        that airport;
          (2) shall publish the advisory in the Federal 
        Register; and
          (3) shall publicize the advisory widely.
    (b) Suspended Assistance.--The President shall suspend 
assistance provided under the Foreign Assistance Act of 1961 
(22 U.S.C. 2151 et seq.) or the Arms Export Control Act (22 
U.S.C. 2751 et seq.) to a country in which is located an 
airport with respect to which section 44907(d)(1) of this title 
becomes effective if the Secretary of State decides the country 
is a high terrorist threat country. The President may waive 
this subsection if the President decides, and reports to 
Congress, that the waiver is required because of national 
security interests or a humanitarian emergency.
    (c) Actions No Longer Required.--An action required under 
this section is no longer required only if the Secretary of 
Transportation has made a decision as provided under section 
44907(d)(4) of this title. The Secretary shall notify Congress 
when the action is no longer required to be taken.

Sec. 44910. Agreements on aircraft sabotage, aircraft hijacking, and 
                    airport security

    The Secretary of State shall seek multilateral and 
bilateral agreement on strengthening enforcement measures and 
standards for compliance related to aircraft sabotage, aircraft 
hijacking, and airport security.

Sec. 44911. Intelligence

    (a) Definition.--In this section, ``intelligence 
community'' means the intelligence and intelligence-related 
activities of the following units of the United States 
Government:
          (1) the Department of State.
          (2) the Department of Defense.
          (3) the Department of the Treasury.
          (4) the Department of Energy.
          (5) the Departments of the Army, Navy, and Air Force.
          (6) the Central Intelligence Agency.
          (7) the National Security Agency.
          (8) the Defense Intelligence Agency.
          (9) the Federal Bureau of Investigation.
          (10) the Drug Enforcement Administration.
    (b) Policies and Procedures on Report Availability.--The 
head of each unit in the intelligence community shall prescribe 
policies and procedures to ensure that intelligence reports 
about international terrorism are made available, as 
appropriate, to the heads of other units in the intelligence 
community, the Secretary of Transportation, and the 
Administrator of the Federal Aviation Administration.
    (c) Unit for Strategic Planning on Terrorism.--The heads of 
the units in the intelligence community shall consider placing 
greater emphasis on strategic intelligence efforts by 
establishing a unit for strategic planning on terrorism.
    (d) Designation of Intelligence Officer.--At the request of 
the Secretary, the Director of Central Intelligence shall 
designate at least one intelligence officer of the Central 
Intelligence Agency to serve in a senior position in the Office 
of the Secretary.
    (e) Written Working Agreements.--The heads of units in the 
intelligence community, the Secretary, and the Administrator 
shall review and, as appropriate, revise written working 
agreements between the intelligence community and the 
Administrator.

Sec. 44912. Research and development

    (a) Program Requirement.--(1) The Administrator of the 
Federal Aviation Administration shall establish and carry out a 
program to accelerate and expand the research, development, and 
implementation of technologies and procedures to counteract 
terrorist acts against civil aviation. The program shall 
provide for developing and having in place, not later than 
November 16, 1993, new equipment and procedures necessary to 
meet the technological challenges presented by terrorism. The 
program shall include research on, and development of, 
technological improvements and ways to enhance human 
performance.
    (2) In designing and carrying out the program established 
under this subsection, the Administrator shall--
          (A) consult and coordinate activities with other 
        departments, agencies, and instrumentalities of the 
        United States Government doing similar research;
          (B) identify departments, agencies, and 
        instrumentalities that would benefit from that 
        research; and
          (C) seek cost-sharing agreements with those 
        departments, agencies, and instrumentalities.
    (3) In carrying out the program established under this 
subsection, the Administrator shall review and consider the 
annual reports the Secretary of Transportation submits to 
Congress on transportation security and intelligence.
    (4) The Administrator may--
          (A) make grants to institutions of higher learning 
        and other appropriate research facilities with 
        demonstrated ability to carry out research described in 
        paragraph (1) of this subsection, and fix the amounts 
        and terms of the grants; and
          (B) make cooperative agreements with governmental 
        authorities the Administrator decides are appropriate.
    (b) Review of Threats.--(1) The Administrator shall 
complete an intensive review of threats to civil aviation, with 
particular focus on--
          (A) explosive material that presents the most 
        significant threat to civil aircraft;
          (B) the minimum amounts, configurations, and types of 
        explosive material that can cause, or would reasonably 
        be expected to cause, catastrophic damage to commercial 
        aircraft in service and expected to be in service in 
        the 10-year period beginning on November 16, 1990;
          (C) the amounts, configurations, and types of 
        explosive material that can be detected reliably by 
        existing, or reasonably anticipated, near-term 
        explosive detection technologies;
          (D) the feasibility of using various ways to minimize 
        damage caused by explosive material that cannot be 
        detected reliably by existing, or reasonably 
        anticipated, near-term explosive detection 
        technologies;
          (E) the ability to screen passengers, carry-on 
        baggage, checked baggage, and cargo; and
          (F) the technologies that might be used in the future 
        to attempt to destroy or otherwise threaten commercial 
        aircraft and the way in which those technologies can be 
        countered effectively.
    (2) The Administrator shall use the results of the review 
under this subsection to develop the focus and priorities of 
the program established under subsection (a) of this section.
    (c) Scientific Advisory Panel.--The Administrator shall 
establish a scientific advisory panel, as a subcommittee of the 
Research, Engineering and Development Advisory Committee, to 
review, comment on, advise on the progress of, and recommend 
modifications in, the program established under subsection (a) 
of this section, including the need for long-range research 
programs to detect and prevent catastrophic damage to 
commercial aircraft by the next generation of terrorist 
weapons. The panel shall consist of individuals with scientific 
and technical expertise in--
          (1) the development and testing of effective 
        explosive detection systems;
          (2) aircraft structure and experimentation to decide 
        on the type and minimum weights of explosives that an 
        effective technology must be capable of detecting;
          (3) technologies involved in minimizing airframe 
        damage to aircraft from explosives; and
          (4) other scientific and technical areas the 
        Administrator considers appropriate.

Sec. 44913. Explosive detection

    (a) Deployment and Purchase of Equipment.--(1) A deployment 
or purchase of explosive detection equipment under section 
108.7(b)(8) or 108.20 of title 14, Code of Federal Regulations, 
or similar regulation is required only if the Administrator of 
the Federal Aviation Administration certifies that the 
equipment alone, or as part of an integrated system, can detect 
under realistic air carrier operating conditions the amounts, 
configurations, and types of explosive material that would 
likely be used to cause catastrophic damage to commercial 
aircraft. The Administrator shall base the certification on the 
results of tests conducted under protocols developed in 
consultation with expert scientists outside of the 
Administration. Those tests shall be completed not later than 
April 16, 1992.
    (2) Before completion of the tests described in paragraph 
(1) of this subsection, but not later than April 16, 1992, the 
Administrator may require deployment of explosive detection 
equipment described in paragraph (1) if the Administrator 
decides that deployment will enhance aviation security 
significantly. In making that decision, the Administrator shall 
consider factors such as the ability of the equipment alone, or 
as part of an integrated system, to detect under realistic air 
carrier operating conditions the amounts, configurations, and 
types of explosive material that would likely be used to cause 
catastrophic damage to commercial aircraft. The Administrator 
shall notify the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure \2\ of the House of 
Representatives of a deployment decision made under this 
paragraph.
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    \2\ Sec. 5(9) of Public Law 104-287 (110 Stat. 3389) struck out 
``Public Works and Transportation'' and inserted in lieu thereof 
``Transportation and Infrastructure''.
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    (3) \3\ Until such time as the Administrator determines 
that equipment certified under paragraph (1) is commercially 
available and has successfully completed operational testing as 
provided in paragraph (1), the Administrator shall facilitate 
the deployment of such approved commercially available 
explosive detection devices as the Administrator determines 
will enhance aviation security significantly. The Administrator 
shall require that equipment deployed under this paragraph be 
replaced by equipment certified under paragraph (1) when 
equipment certified under paragraph (1) becomes commercially 
available. The Administrator is authorized , based on 
operational considerations at in