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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1438 Introduced in House (IH)]

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.

    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 Act of 1993''.

SEC. 2. GENERAL POLICY STATEMENT.

    The Congress finds and declares the following:
            (1) The continued use of terrorism is to be deplored.
            (2) With the dramatic changes that have occurred in the 
        world in the late 1980s and early 1990s, the world community 
        has an extraordinary opportunity to further curtail, and 
        possibly eliminate, terrorist activity.

SEC. 3. EMBARGO ON TRADE WITH COUNTRIES SUPPORTING INTERNATIONAL 
              TERRORISM.

    (a) Trade Embargo.--
            (1) Prohibition on imports.--Goods or services from a 
        country described in subsection (b) may not be imported into 
        the United States.
            (2) Prohibition on exports.--(A) Goods and technology that 
        are subject to the jurisdiction of the United States, or that 
        are exported by any person subject to the jurisdiction of the 
        United States, may not be exported to any country described in 
        subsection (b).
            (B) As used in this paragraph, the term ``goods and 
        technology'' includes--
                    (i) any goods or technology (as those terms are 
                defined in paragraphs (3) and (4) of section 16 of the 
                Export Administration Act of 1979); and
                    (ii) any materials or technology that are subject 
                to export controls under the Atomic Energy Act of 1954.
            (C) Sections 11, 12, and 13 of the Export Administration 
        Act of 1979 (relating to violations, enforcement, and 
        administrative procedure and judicial review) apply with 
        respect to violations and enforcement of this paragraph, 
        without regard to the termination date specified in section 20 
        of that Act.
            (3) Regulations.--The President may issue such regulations 
        as are necessary to carry out this subsection.
    (b) Countries Subject To Embargo.--
            (1) Determination by the secretary of state.--Subsection 
        (a) applies 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 section, support for acts of international 
        terrorism includes a situation in which the government of a 
        country knowingly allows an international terrorist 
        organization to operate or maintain facilities within the 
        country without taking measures to prevent such organization 
        from operating freely.
            (2) Publication of determinations.--Each determination of 
        the Secretary of State under paragraph (1) shall be published 
        in the Federal Register.
            (3) Rescission of determination.--A determination made by 
        the Secretary of State under paragraph (1) may not be rescinded 
        unless the President submits to the Congress--
                    (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.
    (c) Waiver Authority.--The President may waive, in whole or in 
part, the application of subsection (a)(1) or (a)(2)(A) with respect to 
a country if--
            (1) the President determines that national security 
        interests or humanitarian reasons justify such waiver; and
            (2) at least 15 days before the waiver takes effect, the 
        President consults with the Congress regarding the proposed 
        waiver and submits to the Congress a report--
                    (A) identifying the country concerned;
                    (B) describing the national security interests or 
                humanitarian reasons which justify the waiver;
                    (C) specifying the imports and exports that will be 
                allowed by the waiver if the waiver is less than a 
                complete lifting of the embargo required by subsection 
                (a); and
                    (D) specifying the period of time during which such 
                waiver will be effective.
    (d) Repeals.--
            (1) Authority to ban imports.--Section 505 of the 
        International Security and Development Cooperation Act of 1985 
        (relating to the authorization to ban the importation of goods 
        and services from countries supporting terrorism) is repealed.
            (2) Licensing requirement for exports.--(A) Section 6(j) of 
        the Export Administration Act of 1979 (relating to the 
        requirement for validated licenses and notice to Congress for 
        certain exports to countries supporting international 
        terrorism) is repealed.
            (B) Any reference in any law to a determination made under 
        section 6(j) of the Export Administration Act of 1979 shall be 
        deemed to be a reference to a determination made under 
        subsection (a) of this section.

SEC. 4. OTHER PROVISIONS RELATING TO STATE SPONSORED TERRORISM.

    (a) Report.--Concurrent with the publication in the Federal 
Register pursuant to section 3(b)(2) of this Act, section 620A(b) of 
the Foreign Assistance Act of 1961, or section 40(e) of the Arms Export 
Control Act of a determination by the Secretary of State that the 
government of a country has repeatedly provided support for acts of 
international terrorism, the Secretary shall submit to the Congress a 
report describing the measures the United States is taking, 
unilaterally and in concert with other countries, to pressure, both 
economically and politically, that government to terminate such 
support.
    (b) Examples of Support for Acts of International Terrorism.--
            (1) Foreign assistance act.--Section 620A(a) of the Foreign 
        Assistance Act of 1961 is amended by adding at the end the 
        following: ``For purposes of this section, support for acts of 
        international terrorism includes a situation in which the 
        government of a country knowingly allows an international 
        terrorist organization to operate or maintain facilities within 
        the country without taking measures to prevent such 
        organization from operating freely.''.
            (2) Arms export control act.--Section 40(d) of the Arms 
        Export Control Act is amended by adding at the end the 
        following: ``For purposes of this section, support for acts of 
        international terrorism includes a situation in which the 
        government of a country knowingly allows an international 
        terrorist organization to operate or maintain facilities within 
        the country without taking measures to prevent such 
        organization from operating freely.''.

SEC. 5. INTERNATIONAL TERRORISM CONTROL TREATY.

    The Congress reaffirms the policy expressed in section 507 of the 
International Security and Development Cooperation Act of 1985, which 
expressed the sense of the Congress that the President should establish 
a process by which democratic and open societies of the world negotiate 
a viable treaty to effectively prevent and respond to terrorist 
attacks.

SEC. 6. INTERNATIONAL EMBARGO ON IMPORTS FROM LIBYA.

    The Congress urges the President to seek the participation of other 
nations in an embargo on imports from Libya.

SEC. 7. REPORT REGARDING INCREASED INTERNATIONAL COOPERATION TO COMBAT 
              TERRORISM.

    Not later than 180 days after the date of enactment of this Act, 
the President shall submit to the Congress a report on the 
implementation of section 201 of the 1984 Act to Combat International 
Terrorism, which urges the President to seek more effective 
international cooperation in combatting international terrorism and 
identifies certain cooperative steps that could be taken.

SEC. 8. NUCLEAR TERRORISM.

    (a) Reaffirmation of 1986 Provisions.--The Congress reaffirms the 
necessity of the President taking the actions to combat international 
nuclear terrorism specified in section 601(a) of the Omnibus Diplomatic 
Security and Antiterrorism Act of 1986, in particular paragraph (4) of 
that section which directs the President to seek an agreement in the 
United Nations Security Council to establish--
            (1) an effective regime of international sanctions against 
        any nation or subnational group which conducts or sponsors acts 
        of international nuclear terrorism; and
            (2) 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) Additional Measures.--The Congress urges the President to seek 
within the United Nations Security Council whatever additional measures 
may be necessary to discourage the use of nuclear terrorism.
    (c) Report to Congress.--Each report submitted pursuant to section 
601 of the Nuclear Non-Proliferation Act of 1978 shall include a 
description of the measures the United States is taking unilaterally, 
bilaterally, or multilaterally--
            (1) to curtail the spread of nuclear material and 
        technology to countries whose governments support international 
        terrorism; and
            (2) to develop a prompt response to nuclear terrorist 
        threats.

SEC. 9. IMPROVING THE ABILITY OF UNITED STATES BUSINESSES TO COUNTER 
              THE THREAT OF KIDNAPPING AND OTHER ACTS OF TERRORISM.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the President shall establish a Government-
Business Antiterrorism Council to study and make recommendations on--
            (1) additional steps the United States Government could 
        take to assist United States businesses counter the threat 
        posed by international terrorism; and
            (2) measures that could be taken by United States 
        businesses to counter the threat posed by international 
        terrorism.
    (b) Membership.--The membership of the council established pursuant 
to this section shall include representatives of the airline industry, 
the tourism industry, and multinational corporations.
    (c) Special Focus on Kidnapping for Ransom.--The study conducted 
pursuant to this section should focus on ways to improve the ability of 
United States businesses to avoid the kidnapping of business executives 
abroad by terrorist groups seeking to obtain, through ransom payments, 
funds for terrorist activities.

SEC. 10. STATE DEPARTMENT COORDINATOR FOR COUNTER-TERRORISM.

    In any reorganization of the Department of State, the position of 
Coordinator for Counter-Terrorism, with the rank of Ambassador at 
Large, shall be retained.

SEC. 11. TERMINATION OF IMET PROGRAM FOR MALTA.

    Funds made available for fiscal year 1993 or 1994 to carry out 
chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to 
the international military education and training program) may not be 
obligated for Malta.

SEC. 12. STEPS TO ENCOURAGE EXTENDED TOURS OF DUTY FOR GOVERNMENT 
              PERSONNEL INVOLVED IN COUNTER-TERRORISM ACTIVITIES.

    In recognition of the long start-up time required for sensitive 
counter-terrorism work, it is the sense of the Congress that United 
States Government personnel, both civilian and military, who are 
assigned counter-terrorism duties and who voluntarily accept extended 
tours of duty in order to continue to perform counter-terrorism duties 
should be accorded beneficial consideration for advancement after 
completion of such extended tours of duty.

SEC. 13. DESIGNATION OF FBI AS LEAD AGENCY FOR DOMESTIC COUNTER-
              TERRORISM.

    The Federal Bureau of Investigation shall be the lead agency for 
coordinating the domestic counter-terrorism activities of the United 
States Government.

SEC. 14. DEATH PENALTY FOR TERRORIST ACTS ABROAD AGAINST UNITED STATES 
              NATIONALS.

    Section 2332(a)(1) of title 18, United States Code, is amended by 
inserting ``, and shall be subject to the penalty of death in 
accordance with the procedures applicable to the imposition of that 
penalty under section 903(c) of the Federal Aviation Act of 1958 (49 
U.S.C. Appendix 1473(c)) relating to procedures in respect of aircraft 
piracy penalties'' after ``so imprisoned''.

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

    (a) In General.--Chapter 113A of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2339. Domestic terrorism
    ``(a) Whoever commits a terrorist act in or affecting interstate or 
foreign commerce shall be subject to the death penalty, in accordance 
with the procedures applicable to the imposition of that penalty under 
section 903(c) of the Federal Aviation Act of 1958 (49 U.S.C. Appendix 
1473(c)) if death results, and in any other case shall be fined under 
this title or imprisoned any term of years or for life.
    ``(b) As used in this section, the term `terrorist act' means any 
crime of violence that appears to be intended--
            ``(1) to influence or to be in retaliation for the policy 
        or conduct of a government;
            ``(2) to intimidate or coerce a civilian population; or
            ``(3) to affect the conduct of a government by 
        assassination or kidnapping.''.
    (b) Clerical Amendments.--The table of sections at the beginning of 
chapter 113A of title 18, United States Code, is amended by adding at 
the end the following:

``2339. Domestic terrorism.''.

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