I

103D CONGRESS

1ST SESSION H. R. 1438

To strengthen United States and international antiterrorism efforts.

IN THE HOUSE OF REPRESENTATIVES

MARCH 24, 1993

Mr. GILMAN (for himself, Ms. MOLINARI, and Mr. SOLOMON) introduced the

following bill; which was referred jointly to the Committees on Foreign

Affairs, Ways and Means, and the Judiciary

A BILL

To strengthen United States and international antiterrorism

efforts.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Antiterrorism Act of

5 1993’’.

6 SEC. 2. GENERAL POLICY STATEMENT.

7 The Congress finds and declares the following:

8 (1) The continued use of terrorism is to be de9 plored.
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1 (2) With the dramatic changes that have oc2 curred in the world in the late 1980s and early

3 1990s, the world community has an extraordinary

4 opportunity to further curtail, and possibly elimi5 nate, terrorist activity.

6 SEC. 3. EMBARGO ON TRADE WITH COUNTRIES SUPPORT7 ING INTERNATIONAL TERRORISM.

8 (a) TRADE EMBARGO.—

9 (1) PROHIBITION ON IMPORTS.—Goods or serv10 ices from a country described in subsection (b) may

11 not be imported into the United States.

12 (2) PROHIBITION ON EXPORTS.—(A) Goods and

13 technology that are subject to the jurisdiction of the

14 United States, or that are exported by any person

15 subject to the jurisdiction of the United States, may

16 not be exported to any country described in sub17 section (b).

18 (B) As used in this paragraph, the term ‘‘goods

19 and technology’’ includes—

20 (i) any goods or technology (as those terms

21 are defined in paragraphs (3) and (4) of section

22 16 of the Export Administration Act of 1979);

23 and
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1 (ii) any materials or technology that are

2 subject to export controls under the Atomic En3 ergy Act of 1954.

4 (C) Sections 11, 12, and 13 of the Export Ad5 ministration Act of 1979 (relating to violations, en6 forcement, and administrative procedure and judicial

7 review) apply with respect to violations and enforce8 ment of this paragraph, without regard to the termi9 nation date specified in section 20 of that Act.

10 (3) REGULATIONS.—The President may issue

11 such regulations as are necessary to carry out this

12 subsection.

13 (b) COUNTRIES SUBJECT TO EMBARGO.—

14 (1) DETERMINATION BY THE SECRETARY OF

15 STATE.—Subsection (a) applies with respect to a

16 country if the Secretary of State determines that the

17 government of that country has repeatedly provided

18 support for acts of international terrorism. For pur19 poses of this section, support for acts of inter20 national terrorism includes a situation in which the

21 government of a country knowingly allows an inter22 national terrorist organization to operate or main23 tain facilities within the country without taking

24 measures to prevent such organization from operat25 ing freely.
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1 (2) PUBLICATION OF DETERMINATIONS.—Each

2 determination of the Secretary of State under para3 graph (1) shall be published in the Federal Register.

4 (3) RESCISSION OF DETERMINATION.—A deter5 mination made by the Secretary of State under

6 paragraph (1) may not be rescinded unless the

7 President submits to the Congress—

8 (A) before the proposed rescission would

9 take effect, a report certifying that—

10 (i) there has been a fundamental

11 change in the leadership and policies of the

12 government of the country concerned;

13 (ii) that government is not supporting

14 acts of international terrorism; and

15 (iii) that government has provided as16 surances that it will not support acts of

17 international terrorism in the future; or

18 (B) at least 45 days before the proposed

19 rescission would take effect, a report justifying

20 the rescission and certifying that—

21 (i) the government concerned has not

22 provided any support for international ter23 rorism during the preceding 6-month pe24 riod; and
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1 (ii) the government concerned has

2 provided assurances that it will not sup3 port acts of international terrorism in the

4 future.

5 (c) WAIVER AUTHORITY.—The President may waive,

6 in whole or in part, the application of subsection (a)(1)

7 or (a)(2)(A) with respect to a country if—

8 (1) the President determines that national secu9 rity interests or humanitarian reasons justify such

10 waiver; and

11 (2) at least 15 days before the waiver takes ef12 fect, the President consults with the Congress re13 garding the proposed waiver and submits to the

14 Congress a report—

15 (A) identifying the country concerned;

16 (B) describing the national security inter17 ests or humanitarian reasons which justify the

18 waiver;

19 (C) specifying the imports and exports that

20 will be allowed by the waiver if the waiver is

21 less than a complete lifting of the embargo re22 quired by subsection (a); and

23 (D) specifying the period of time during

24 which such waiver will be effective.

25 (d) REPEALS.—
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1 (1) AUTHORITY TO BAN IMPORTS.—Section 505

2 of the International Security and Development Co3 operation Act of 1985 (relating to the authorization

4 to ban the importation of goods and services from

5 countries supporting terrorism) is repealed.

6 (2) LICENSING REQUIREMENT FOR EXPORTS.—

7 (A) Section 6(j) of the Export Administration Act of

8 1979 (relating to the requirement for validated li9 censes and notice to Congress for certain exports to

10 countries supporting international terrorism) is re11 pealed.

12 (B) Any reference in any law to a determina13 tion made under section 6(j) of the Export Adminis14 tration Act of 1979 shall be deemed to be a ref15 erence to a determination made under subsection (a)

16 of this section.

17 SEC. 4. OTHER PROVISIONS RELATING TO STATE SPON18 SORED TERRORISM.

19 (a) REPORT.—Concurrent with the publication in the

20 Federal Register pursuant to section 3(b)(2) of this Act,

21 section 620A(b) of the Foreign Assistance Act of 1961,

22 or section 40(e) of the Arms Export Control Act of a de23 termination by the Secretary of State that the government

24 of a country has repeatedly provided support for acts of

25 international terrorism, the Secretary shall submit to the
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1 Congress a report describing the measures the United

2 States is taking, unilaterally and in concert with other

3 countries, to pressure, both economically and politically,

4 that government to terminate such support.

5 (b) EXAMPLES OF SUPPORT FOR ACTS OF INTER6 NATIONAL TERRORISM.—

7 (1) FOREIGN ASSISTANCE ACT.—Section

8 620A(a) of the Foreign Assistance Act of 1961 is

9 amended by adding at the end the following: ‘‘For

10 purposes of this section, support for acts of inter11 national terrorism includes a situation in which the

12 government of a country knowingly allows an inter13 national terrorist organization to operate or main14 tain facilities within the country without taking

15 measures to prevent such organization from operat16 ing freely.’’.

17 (2) ARMS EXPORT CONTROL ACT.—Section

18 40(d) of the Arms Export Control Act is amended

19 by adding at the end the following: ‘‘For purposes

20 of this section, support for acts of international ter21 rorism includes a situation in which the government

22 of a country knowingly allows an international ter23 rorist organization to operate or maintain facilities

24 within the country without taking measures to pre25 vent such organization from operating freely.’’.
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1 SEC. 5. INTERNATIONAL TERRORISM CONTROL TREATY.

2 The Congress reaffirms the policy expressed in sec3 tion 507 of the International Security and Development

4 Cooperation Act of 1985, which expressed the sense of the

5 Congress that the President should establish a process by

6 which democratic and open societies of the world negotiate

7 a viable treaty to effectively prevent and respond to terror8 ist attacks.

9 SEC. 6. INTERNATIONAL EMBARGO ON IMPORTS FROM

10 LIBYA.

11 The Congress urges the President to seek the partici12 pation of other nations in an embargo on imports from

13 Libya.

14 SEC. 7. REPORT REGARDING INCREASED INTERNATIONAL

15 COOPERATION TO COMBAT TERRORISM.

16 Not later than 180 days after the date of enactment

17 of this Act, the President shall submit to the Congress

18 a report on the implementation of section 201 of the 1984

19 Act to Combat International Terrorism, which urges the

20 President to seek more effective international cooperation

21 in combatting international terrorism and identifies cer22 tain cooperative steps that could be taken.

23 SEC. 8. NUCLEAR TERRORISM.

24 (a) REAFFIRMATION OF 1986 PROVISIONS.—The

25 Congress reaffirms the necessity of the President taking

26 the actions to combat international nuclear terrorism spec-
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1 ified in section 601(a) of the Omnibus Diplomatic Security

2 and Antiterrorism Act of 1986, in particular paragraph

3 (4) of that section which directs the President to seek an

4 agreement in the United Nations Security Council to es5 tablish—

6 (1) an effective regime of international sanc7 tions against any nation or subnational group which

8 conducts or sponsors acts of international nuclear

9 terrorism; and

10 (2) measures for coordinating responses to all

11 acts of international nuclear terrorism, including

12 measures for the recovery of stolen nuclear material

13 and the clean-up of nuclear releases.

14 (b) ADDITIONAL MEASURES.—The Congress urges

15 the President to seek within the United Nations Security

16 Council whatever additional measures may be necessary

17 to discourage the use of nuclear terrorism.

18 (c) REPORT TO CONGRESS.—Each report submitted

19 pursuant to section 601 of the Nuclear Non-Proliferation

20 Act of 1978 shall include a description of the measures

21 the United States is taking unilaterally, bilaterally, or

22 multilaterally—

23 (1) to curtail the spread of nuclear material

24 and technology to countries whose governments sup25 port international terrorism; and
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1 (2) to develop a prompt response to nuclear ter2 rorist threats.

3 SEC. 9. IMPROVING THE ABILITY OF UNITED STATES BUSI4 NESSES TO COUNTER THE THREAT OF KID5 NAPPING AND OTHER ACTS OF TERRORISM.

6 (a) ESTABLISHMENT.—Not later than 180 days after

7 the date of enactment of this Act, the President shall es8 tablish a Government-Business Antiterrorism Council to

9 study and make recommendations on—

10 (1) additional steps the United States Govern11 ment could take to assist United States businesses

12 counter the threat posed by international terrorism;

13 and

14 (2) measures that could be taken by United

15 States businesses to counter the threat posed by

16 international terrorism.

17 (b) MEMBERSHIP.—The membership of the council

18 established pursuant to this section shall include rep19 resentatives of the airline industry, the tourism industry,

20 and multinational corporations.

21 (c) SPECIAL FOCUS ON KIDNAPPING FOR RANSOM.—

22 The study conducted pursuant to this section should focus

23 on ways to improve the ability of United States businesses

24 to avoid the kidnapping of business executives abroad by
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1 terrorist groups seeking to obtain, through ransom pay2 ments, funds for terrorist activities.

3 SEC. 10. STATE DEPARTMENT COORDINATOR FOR

4 COUNTER-TERRORISM.

5 In any reorganization of the Department of State, the

6 position of Coordinator for Counter-Terrorism, with the

7 rank of Ambassador at Large, shall be retained.

8 SEC. 11. TERMINATION OF IMET PROGRAM FOR MALTA.

9 Funds made available for fiscal year 1993 or 1994

10 to carry out chapter 5 of part II of the Foreign Assistance

11 Act of 1961 (relating to the international military edu12 cation and training program) may not be obligated for

13 Malta.

14 SEC. 12. STEPS TO ENCOURAGE EXTENDED TOURS OF

15 DUTY FOR GOVERNMENT PERSONNEL IN16 VOLVED IN COUNTER-TERRORISM ACTIVI17 TIES.

18 In recognition of the long start-up time required for

19 sensitive counter-terrorism work, it is the sense of the

20 Congress that United States Government personnel, both

21 civilian and military, who are assigned counter-terrorism

22 duties and who voluntarily accept extended tours of duty

23 in order to continue to perform counter-terrorism duties

24 should be accorded beneficial consideration for advance25 ment after completion of such extended tours of duty.
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1 SEC. 13. DESIGNATION OF FBI AS LEAD AGENCY FOR DO2 MESTIC COUNTER-TERRORISM.

3 The Federal Bureau of Investigation shall be the lead

4 agency for coordinating the domestic counter-terrorism ac5 tivities of the United States Government.

6 SEC. 14. DEATH PENALTY FOR TERRORIST ACTS ABROAD

7 AGAINST UNITED STATES NATIONALS.

8 Section 2332(a)(1) of title 18, United States Code,

9 is amended by inserting ‘‘, and shall be subject to the pen10 alty of death in accordance with the procedures applicable

11 to the imposition of that penalty under section 903(c) of

12 the Federal Aviation Act of 1958 (49 U.S.C. Appendix

13 1473(c)) relating to procedures in respect of aircraft pi14 racy penalties’’ after ‘‘so imprisoned’’.

15 SEC. 15. DEATH PENALTY FOR TERRORIST ACTS IN THE

16 UNITED STATES.

17 (a) IN GENERAL.—Chapter 113A of title 18, United

18 States Code, is amended by adding at the end the follow19 ing:

20 ‘‘§ 2339. Domestic terrorism

21 ‘‘(a) Whoever commits a terrorist act in or affecting

22 interstate or foreign commerce shall be subject to the

23 death penalty, in accordance with the procedures applica24 ble to the imposition of that penalty under section 903(c)

25 of the Federal Aviation Act of 1958 (49 U.S.C. Appendix

26 1473(c)) if death results, and in any other case shall be
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1 fined under this title or imprisoned any term of years or

2 for life.

3 ‘‘(b) As used in this section, the term ‘terrorist act’

4 means any crime of violence that appears to be intended—

5 ‘‘(1) to influence or to be in retaliation for the

6 policy or conduct of a government;

7 ‘‘(2) to intimidate or coerce a civilian popu8 lation; or

9 ‘‘(3) to affect the conduct of a government by

10 assassination or kidnapping.’’.

11 (b) CLERICAL AMENDMENTS.—The table of sections

12 at the beginning of chapter 113A of title 18, United States

13 Code, is amended by adding at the end the following:

‘‘2339. Domestic terrorism.’’.

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