[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.
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\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.
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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.
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\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.''.
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(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.
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\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.
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(c) \7\ (1) Arms and ammunition may be provided under this
chapter only if they are directly related to antiterrorism
assistance.
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\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-- * * *
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``(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:
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``(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.''.
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(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]
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\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.''.
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Sec. 574.\9\ * * * [Repealed--1996]
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\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.
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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.
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\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.
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``(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--
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``(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.
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\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--
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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 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.
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(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.
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\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.
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(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--
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\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.
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\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\
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\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.
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\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.
* * * * * * *
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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.''.
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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).
* * * * * * *
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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.''.
* * * * * * *
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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.''.
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(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.''.
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(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.
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\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.
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(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).
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(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).
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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.
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\2\ For text of chapter 7 of the Arms Export Control Act, see
section A.2 of this publication.
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(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.
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\3\ For text, see sec. A.7 of this publication.
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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''.
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(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''.
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(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.
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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;
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\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--
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``(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.
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\1\ See Section F for the text of legislation on foreign airport
security.
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(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\
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\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.
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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.
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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.
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(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]
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\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.
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(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.''.
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(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--
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\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).
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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.
* * * * * * *
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.
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\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.
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\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.
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(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--
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\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).
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(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. * * *
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\1\ Sec. 201 amended sec. 374 of title 10, United States Code. See
sec. D.1 of this publication for text..
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(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--
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\1\ 15 USC 1681u.
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``(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''.
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\1\ 22 U.S.C. 2651 note.
* * * * * * *
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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.
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\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.
* * * * * * *
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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).
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\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.
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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\ * * *
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\2\ Para. (1) amended sec. 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708).
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(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).
* * * * * * *
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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.
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\4\ 8 U.S.C. 1182 note.
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(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.
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\5\ As enrolled. Should read ``judgment''.
* * * * * * *
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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.
* * * * * * *
---------------------------------------------------------------------------
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.
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\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.
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\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
* * *
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``(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.
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(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.
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(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.
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(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.
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(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\
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\9\ Sec. 322 amended and restated 49 U.S.C. 44906, relating to
foreign air carrier security programs. See Sec. F.1.
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SEC. 323. MODIFICATION OF MATERIAL SUPPORT PROVISION.
Section 2339A of title 18, United States Code, is amended
to read as follows: * * * \10\
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\10\ Sec. 323 amended and restated 18 U.S.C. 2339A, relating to
providing material support to terrorists. See Sec. C.3.
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SEC. 324.\11\ FINDINGS.
The Congress finds that--
---------------------------------------------------------------------------
\11\ 22 U.S.C. 2377 note.
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(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\
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\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.
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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\
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\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.
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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\
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\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.
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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.
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(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.
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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.
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(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.
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Subtitle C--Modification to Asylum Procedures * * * \20\
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\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.
* * * * * * *
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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.
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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\
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\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.
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(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\
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\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)).
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(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.
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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\
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\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.
* * * * * * *
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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.
* * * * * * *
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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.
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(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\
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\1\22 U.S.C. 4801 note.
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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--
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\2\ 22 U.S.C. 4801.
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(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;''.
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(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.
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(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).
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(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]
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\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.
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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.
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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.
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(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.
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\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''.
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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''.
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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.
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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.
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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.
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\14\ 22 USC 4824. Sec. 206 was added by Public Law 105-277 (112
Stat. 2681-586).
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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.
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\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).
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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.
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(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.--
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\18\ 22 U.S.C. 4833.
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(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--
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\19\ 22 U.S.C. 4834.
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(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.
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\20\ 22 U.S.C. 4835.
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TITLE IV--DIPLOMATIC SECURITY PROGRAM
SEC. 401.\21\ AUTHORIZATION.
(a) Diplomatic Security Program.--
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\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.''.
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(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]
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\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.
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(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--
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\24\ 22 U.S.C. 4852.
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(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'').
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\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.
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(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--
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\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.
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\27\ 22 U.S.C. 4854.
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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.
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\28\ 22 U.S.C. 4855.
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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.
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\30\ 22 U.S.C. 4857.
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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.
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\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.
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\32\ 22 U.S.C. 4859.
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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.
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\33\ 22 U.S.C. 4860.
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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.
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\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.
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(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]
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\36\ Paragraph (6) was repealed by sec. 405 of Public Law 99-529
(100 Stat. 3010).
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(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.
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\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.
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\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.
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\40\ 22 U.S.C. 2656e.
* * * * * * *
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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--
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\41\ 22 U.S.C. 3244.
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(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.
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\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.
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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.
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\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''.
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``(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--
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\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).
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``(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--
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\46\ 46 U.S.C. app. 1801.
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(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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\49\ 46 U.S.C. app. 1804.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
\50\ 46 U.S.C. app. 1805.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
(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--
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\52\ 46 U.S.C. app. 1807.
---------------------------------------------------------------------------
(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.
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\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--
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\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.
---------------------------------------------------------------------------
``(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.
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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.
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\5\ Added by sec. 8 of Public Law 94-467 (90 Stat. 1997).
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(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.
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\6\ So in original. Two pars. (5) have been enacted.
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(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--
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\7\ Sec. 924(c) was ammended by Public Law 105-386 (112 Stat.
3469).
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(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.
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\8\ Sec. 924(c)(4) was added by Public Law 105-386 (112 Stat.
3469).
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(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\
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\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.
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\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\
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\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.
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(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.''.
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(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.
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\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).
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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\
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\17\ Last sentence added by sec. 702(c) of Public Law 105-314 (112
Stat. 2987).
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(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)''.
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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)''.
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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.
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\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)''.
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(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)''.
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(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--
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\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)).
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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\
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\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
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\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''.
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(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.
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\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.--
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\33\ Added by sec. 702(a) of Public Law 104-132 (110 Stat. 1291).
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(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.
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(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].
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(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.
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\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.
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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''.
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(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.
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\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''.
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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).
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\43\ So in original. Probably should be section ``37''.
\44\ So in original. Probably should be section ``2332a''.
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(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.
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SEC. 2. PURPOSE AND INTENT.\2\
(a) Purpose.--The purpose of this Act is to--
---------------------------------------------------------------------------
\2\ 18 U.S.C. 175 note.
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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.
(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.
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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.
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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.
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(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--
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\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--
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\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.
* * * * * * *
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\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.
* * * * * * *
---------------------------------------------------------------------------
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--
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\1\ 10 U.S.C. 2327 note.
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(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--
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\2\ 50 U.S.C. 1522 note.
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(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''.
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\1\ 22 U.S.C. 5901 note.
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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--
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\2\ 22 U.S.C. 5901.
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(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.
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\3\ 22 U.S.C. 5902.
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(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.
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\4\ 22 U.S.C. 5859a.
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(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''.
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\5\ 50 U.S.C. 1701 note.
* * * * * * *
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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\
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\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.
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(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.
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\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\
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\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.
---------------------------------------------------------------------------
\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.
* * * * * * *
---------------------------------------------------------------------------
(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--
---------------------------------------------------------------------------
``(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.
---------------------------------------------------------------------------
(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.
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(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.
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\1\ 19 U.S.C. 1862.
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(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.
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\3\ Subsec. (d) was redesignated from subsec. (c) by sec. 1501(a)
of Public Law 100-418 (102 Stat. 1257).
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(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.
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\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.
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\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).
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(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.
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\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''.
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\1\ 50 U.S.C. app. 1.
\2\ So in original.
* * * * * * *
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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--
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\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).
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(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\
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\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).
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(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.
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\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.''.
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(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.
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\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''.
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\1\ 50 U.S.C. 1701 note.
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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.
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\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.
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(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--
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\3\ 50 U.S.C. 1702.
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(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\
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\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.''.
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(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
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\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.''.
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(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.
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(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.
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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.
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\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''.
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(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.
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(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.
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\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\
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\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.''.
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(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\
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\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''.
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(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.''.
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(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).
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(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.
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(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.
---------------------------------------------------------------------------
\1\ Sec. 322 of Public Law 104-132 (110 Stat. 1254) amended and
restated sec. 44906.
---------------------------------------------------------------------------
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