II

106TH CONGRESS

2D SESSION S. 3205

To enhance the capability of the United States to deter, prevent, thwart,

and respond to international acts of terrorism against United States

nationals and interests.

IN THE SENATE OF THE UNITED STATES

OCTOBER 12 (legislative day, SEPTEMBER 22), 2000

Mr. KYL (for himself and Mrs. FEINSTEIN) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

A BILL

To enhance the capability of the United States to deter,

prevent, thwart, and respond to international acts of

terrorism against United States nationals and interests.

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 ‘‘Counterterrorism Act

5 of 2000’’.

6 SEC. 2. SENSE OF CONGRESS ON THE ATTACK ON THE

7 U.S.S. COLE.

8 (a) FINDINGS.—Congress makes the following find9 ings:
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1 (1) On October 12, 2000, the United States

2 naval vessel U.S.S. Cole was attacked in Aden,

3 Yemen.

4 (2) The attack occurred while the U.S.S. Cole

5 was refueling, and was unprovoked.

6 (3) At least 5 United States sailors were killed

7 in the attack, and at least 36 were injured.

8 (b) SENSE OF CONGRESS.—It is the sense of Con9 gress that the United States Government should—

10 (1) take immediate actions to investigate rap11 idly the unprovoked attack on the United States

12 naval vessel U.S.S. Cole;

13 (2) ensure that the perpetrators of this cow14 ardly act are swiftly brought to justice; and

15 (3) take appropriate actions to protect from ter16 rorist attack all other members and units of the

17 United States Armed Forces that are deployed over18 seas.

19 SEC. 3. FINDINGS.

20 Congress makes the following findings:

21 (1) The Commission on National Security in

22 the 21st Century, chaired by former Senators Hart

23 and Rudman, concluded that ‘‘[s]tates, terrorists,

24 and other disaffected groups will acquire weapons of

25 mass destruction and mass disruption, and some will
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1 use them. Americans will likely die on American soil,

2 possibly in large number.’’.

3 (2) United States counterterrorism efforts must

4 be improved to meet the evolving threat of inter5 national terrorism against United States nationals

6 and interests. The bipartisan National Commission

7 of Terrorism chaired by Ambassador Paul Bremer

8 and Maurice Sonnenberg was mandated by Congress

9 to evaluate current United States policy and make

10 recommendations on improvements. This Act stems

11 from the findings and recommendations of that

12 Commission.

13 (3) The face of terrorism has changed signifi14 cantly over the last 25 years. With the fall of the

15 Soviet Union, many state-sponsored terrorist groups

16 have been replaced by more loosely knit organiza17 tions with varying motives. These transnational ter18 rorist networks are more difficult to track and pene19 trate than state sponsored terrorist groups, and

20 their actions are more difficult to predict.

21 (4) State support of terrorism has not dis22 appeared. Despite political change in Iran, the coun23 try continues to be the foremost state sponsor of ter24 rorism in the world. In April 2000, the Department

25 of State issued ‘‘Patterns of Global Terrorism’’,
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1 which provides a detailed account of Iran’s contin2 ued support of terrorism.

3 (5) According to the report of the National

4 Commission on Terrorism, there are indications of

5 Iranian involvement in the 1996 bombing of the

6 Khobar Towers complex in Saudi Arabia, in which

7 19 United States soldiers were killed and more than

8 500 injured. In October 1999, President Clinton of9 ficially requested cooperation from Iran in the inves10 tigation of the bombing. Thus far, Iran has not re11 sponded to this request.

12 (6) Terrorist attacks are becoming more lethal.

13 A growing number of terrorist attacks are designed

14 to kill the maximum number of people. Although

15 conventional explosives have remained the weapon of

16 choice, terrorist groups are investing in the acquisi17 tion of unconventional weapons such as nuclear,

18 chemical, and biological agents.

19 (7) Syria was placed on the first list of state20 sponsors of terrorism by the United States Govern21 ment in 1979, due to its long history of using ter22 rorism to advance its interests. Syria continues to

23 support terrorist training and logistics.

24 (8) Under section 40A of the Arms Export

25 Control Act (22 U.S.C. 2781), enacted by Congress
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1 in 1996, the President is authorized to designate as

2 ‘‘not cooperating fully’’ states whose behavior is ob3 jectionable but not so egregious as to warrant des4 ignation as a state sponsor of terrorism. That provi5 sion has not been used effectively. To date, only Af6 ghanistan has been so designated under that provi7 sion, which designation arises from the legal dif8 ficulty of putting Afghanistan on the list of state

9 sponsors of terrorism without appearing to recognize

10 the Taliban as the legitimate government of Afghan11 istan.

12 (9) According to the National Commission on

13 Terrorism, the 1995 guidelines of the Central Intel14 ligence Agency on the use of terrorists as informants

15 set up complex procedures for seeking approval to

16 recruit as informants terrorists who have been in17 volved in human rights violations. That Commission

18 found that these guidelines have inhibited the re19 cruitment of essential, if sometimes unsavory, ter20 rorist informants. As a result, that Commission con21 cluded that the United States has relied too heavily

22 on foreign intelligence services in attempting to un23 cover information about terrorist organizations.

24 (10) No other country, much less any sub25 national organization, can match United States sci-
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1 entific and technological prowess (including quality

2 control) in biotechnology and pharmaceutical pro3 duction, electronics, computer science, and other

4 pursuits that could help overcome and defeat the

5 technologies used by future terrorists.

6 (11) Currently, the United States focuses its ef7 forts to discourage private financial support to ter8 rorists on prosecutions under the provisions of the

9 Antiterrorism and Effective Death Penalty Act of

10 1996 (Public Law 104–132) and the amendments

11 made by that Act. Under an amendment made by

12 that Act, section 219 of the Immigration and Na13 tionality Act (8 U.S.C. 1189) requires the Secretary

14 of State to designate groups that threaten United

15 States interests and security as Foreign Terrorist

16 Organizations (FTOs). There are 28 organizations

17 on the most recent list of FTOs, issued in October

18 of 1999 by the Secretary of State. Current practice

19 is to update the list of FTOs every two years, al20 though terrorist groups, and the threats they pose,

21 may emerge more frequently.

22 (12) It is in the interest of the United States

23 that the Federal Government take a broader ap24 proach to cutting off the flow of financial support

25 for terrorism from within the United States. Anyone
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1 providing to terrorist organizations funds that he or

2 she knows will be used to support terrorist acts

3 should be prosecuted under all relevant statutes, in4 cluding statutes addressing money laundering, con5 spiracy, and tax or fraud violations. In addition,

6 Federal agencies such as the Office of Foreign As7 sets Control (OFAC) of the Internet Revenue Serv8 ice and the Customs Service should be better utilized

9 to thwart terrorist fundraising. Such activities

10 should not violate constitutional rights and values.

11 (13) Current controls on the transfer and pos12 session of biological pathogens that could be used in

13 biological weapons are inadequate. Such controls

14 were designed to prevent accidents, not theft. Con15 trols on the equipment needed to turn such patho16 gens into weapons are virtually nonexistent. The Na17 tional Commission on Terrorism concluded that the

18 standards for the storage, transport, and handling of

19 biological pathogens should be as rigorous as the

20 current standards for the physical protection and se21 curity of critical nuclear materials.

22 SEC. 4. SYRIA.

23 It is the sense of Congress that the United States

24 should keep Syria on the list of countries who sponsor ter25 rorism until Syria—
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1 (1) shuts down training camps and other ter2 rorist support facilities in Syrian-controlled territory;

3 and

4 (2) prohibits financial or other support of ter5 rorists through Syrian-controlled territory.

6 SEC. 5. IRAN.

7 It is the sense of Congress that the United States

8 should keep Iran on the list of countries who sponsor ter9 rorism, and make no concessions to Iran, until Iran—

10 (1) demonstrates that it has stopped supporting

11 terrorism; and

12 (2) cooperates fully with the United States in

13 the investigation into the 1996 bombing of the

14 Khobar Towers complex in Saudi Arabia.

15 SEC. 6. GUIDELINES ON RECRUITMENT OF TERRORIST IN16 FORMANTS.

17 (a) REPORT ON GUIDELINES.—Not later than six

18 months after the date of the enactment of this Act, the

19 Director of Central Intelligence shall submit to Congress,

20 including the Committees on the Judiciary of the Senate

21 and the House of Representatives, a report on the Direc22 tor’s response to the findings of the National Commission

23 on Terrorism regarding the recruitment of terrorist in24 formants.
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1 (b) REPORT ELEMENTS.—The report under sub2 section (a) shall set forth the following:

3 (1) A detailed response to the findings referred

4 to in that subsection, and a detailed description of

5 any other policy considerations that prompted the

6 1995 guidelines of the Central Intelligence Agency

7 on the use of terrorists as informants.

8 (2) Recommendations, if any, for legislation to

9 enhance the recruitment of terrorist informants, in10 cluding any limitations that may be necessary to as11 sure that the United States does not encourage

12 human rights abuse abroad.

13 SEC. 7. REVIEW OF AUTHORITY OF FEDERAL AGENCIES TO

14 ADDRESS CATASTROPHIC TERRORIST AT15 TACKS.

16 (a) REVIEW REQUIRED.—The Attorney General shall

17 conduct a review of the legal authority of various Federal

18 agencies, including the Department of Defense, to respond

19 to, and to prevent, pre-empt, detect, and interdict, cata20 strophic terrorist attacks.

21 (b) REPORT.—Not later than one year after the date

22 of the enactment of this Act, the Attorney General shall

23 submit to the appropriate committees of Congress a report

24 on the review conducted under subsection (a). The report

25 shall include any recommendations that the Attorney Gen-
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1 eral considers appropriate, including recommendations

2 whether additional legal authority for particular Federal

3 agencies is advisable in order to enhance the capability

4 of the Federal Government to respond to, and to prevent,

5 pre-empt, detect, and interdict, catastrophic terrorist at6 tacks.

7 (c) DEFINITIONS.—In this section:

8 (1) APPROPRIATE COMMITTEES OF CON9 GRESS.—The term ‘‘appropriate committees of Con10 gress’’ means the following:

11 (A) The Committees on Appropriations

12 and the Judiciary and the Select Committee on

13 Intelligence of the Senate.

14 (B) The Committees on Appropriations

15 and the Judiciary of the House of Representa16 tives.

17 (2) CATASTROPHIC TERRORIST ATTACK.—The

18 term ‘‘catastrophic terrorist attack’’ means a ter19 rorist attack against the United States perpetrated

20 by a state, substate, or nonstate actor that involves

21 mass casualties or the use of a weapon of mass de22 struction.
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1 SEC. 8. LONG-TERM RESEARCH AND DEVELOPMENT TO AD2 DRESS CATASTROPHIC TERRORIST ATTACKS.

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that—

5 (1) there has not been sufficient emphasis on

6 long-term research and development on technologies

7 useful in fighting terrorism; and

8 (2) the United States should make better use of

9 its considerable accomplishments in science and

10 technology to prevent or address terrorist attacks in

11 the future, particularly attacks involving chemical,

12 biological, or nuclear agents.

13 (b) ESTABLISHMENT OF PROGRAM.—Not later than

14 one year after the date of the enactment of this Act, the

15 President shall establish a comprehensive program (in16 cluding a comprehensive set of requirements for the pro17 gram) of long-term research and development relating to

18 science and technology necessary to prevent, pre-empt, de19 tect, interdict, and respond to catastrophic terrorist at20 tacks.

21 (c) REPORT ON PROPOSED PROGRAM.—Not later

22 than 30 days before the commencement of the program

23 required by subsection (b), the President shall submit to

24 Congress a report on the program. The report on the pro25 gram shall include the following:
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1 (1) A description of the proposed organization

2 and mission of the program.

3 (2) A description of the current capabilities of

4 the Federal Government to rapidly identify and con5 tain an attack in the United States involving chem6 ical or biological agents, including any proposals for

7 future enhancements of such capabilities that the

8 President considers appropriate.

9 (d) CATASTROPHIC TERRORIST ATTACK DEFINED.—

10 In this section, the term ‘‘catastrophic terrorist attack’’

11 means a terrorist attack against the United States per12 petrated by a state, substate, or nonstate actor that in13 volves mass casualties or the use of a weapon of mass de14 struction.

15 SEC. 9. DISSEMINATION OF LAW ENFORCEMENT INFORMA16 TION TO THE INTELLIGENCE COMMUNITY.

17 (a) REPORT ON ESTABLISHMENT OF INTELLIGENCE

18 REPORTING FUNCTION.—Not later than 180 days after

19 the date of the enactment of this Act, the Director of the

20 Federal Bureau of Investigation shall submit to the Select

21 Committee on Intelligence of the Senate and the Perma22 nent Select Committee on Intelligence of the House of

23 Representatives a report on the feasibility of establishing

24 within the Bureau a comprehensive intelligence reporting

25 function having the responsibility for disseminating among
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1 the elements of the intelligence community information

2 collected and assembled by the Bureau on international

3 terrorism and other national security matters.

4 (b) REPORT ELEMENTS.—The report under sub5 section (a) shall include the following:

6 (1) A description of the requirements applicable

7 to the creation of the function referred to in that

8 subsection, including the funding required for the

9 function.

10 (2) A discussion of the legal and policy issues,

11 including any reasonable restrictions on the sharing

12 of information and the potential effects on open

13 criminal investigations, associated with dissemi14 nating to the elements of the intelligence community

15 law enforcement information relating to inter16 national terrorism and other national security mat17 ters.

18 SEC. 10. DISCLOSURE BY LAW ENFORCEMENT AGENCIES

19 OF CERTAIN INTELLIGENCE OBTAINED BY

20 INTERCEPTION OF COMMUNICATIONS.

21 (a) REPORT ON AUTHORITIES RELATING TO SHAR22 ING OF CRIMINAL WIRETAP INFORMATION.—Not later

23 than 180 days after the date of the enactment of this Act,

24 the President shall submit to Congress a report on the

25 legal authorities that govern the sharing of criminal wire-
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1 tap information under relevant United States laws, includ2 ing section 104 of the National Security Act of 1947 (50

3 U.S.C. 403–4). The report shall include—

4 (1) a description of the type of information that

5 can be shared by the Department of Justice or other

6 United States law enforcement agencies with ele7 ments of the United States intelligence community,

8 including a description of all such information that

9 the Department of Justice or other such law en10 forcement agencies currently share with elements of

11 the United States intelligence community and the

12 legal limitations if any, that apply to the use of such

13 information by elements of the intelligence commu14 nity; and

15 (2) recommendations, if any, for such legislative

16 language as the President considers appropriate to

17 improve the capability of the Department of Justice,

18 or other law enforcement agencies, to share foreign

19 intelligence information or counterintelligence infor20 mation with elements of the United States intel21 ligence community on matters such as

22 counterterrorism.

23 (b) DEFINITIONS.—As used in this section, the terms

24 ‘‘foreign intelligence’’ and ‘‘counterintelligence’’ have the

25 meanings given those terms in paragraphs (2) and (3),
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1 respectively, of section 3 of the National Security Act of

2 1947 (50 U.S.C. 401a).

3 SEC. 11. JOINT TASK FORCE ON TERRORIST FUNDRAISING.

4 (a) SENSE OF CONGRESS.—It is the sense of the Con5 gress that—

6 (1) many terrorist groups secretly solicit and

7 exploit the resources of international nongovern8 mental organizations, companies, and wealthy indi9 viduals;

10 (2) the Federal Government could do more to

11 utilize all the tools available to the Federal Govern12 ment to prevent, deter, and disrupt the fundraising

13 activities of international terrorist organizations; and

14 (3) the employment of any such tools to combat

15 terrorism must not violate speech, association, and

16 equal protection rights guaranteed by the Constitu17 tion of the United States.

18 (b) ESTABLISHMENT OF JOINT TASK FORCE.—Not

19 later than six months after the date of the enactment of

20 this Act, the President shall establish a joint task force

21 for purposes of developing and implementing a broad ap22 proach toward discouraging the fundraising activities of

23 international terrorist organizations. The approach shall

24 utilize all criminal, civil, and administrative sanctions

25 available under Federal law, including sanctions for money
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1 laundering, tax and fraud violations, and conspiracy. The

2 approach shall not infringe upon constitutional and civil

3 rights in the United States.

4 (c) REPORT.—Not later than one year after the date

5 of the enactment of this Act, the joint task force estab6 lished under subsection (b) shall submit to Congress a re7 port on the activities of the joint task force. The report

8 shall include any findings and recommendations (including

9 recommendations for modifications of United States law

10 or policy) that the joint task force considers appropriate

11 regarding United States efforts to thwart the fundraising

12 activities of international terrorist organizations while pro13 tecting constitutional and civil rights in the United States.

14 SEC. 12. IMPROVEMENT OF CONTROLS ON PATHOGENS

15 AND EQUIPMENT FOR PRODUCTION OF BIO16 LOGICAL WEAPONS.

17 (a) REPORT ON IMPROVEMENT OF CONTROLS.—(1)

18 Not later than one year after the date of the enactment

19 of this Act, the Attorney General shall submit to Congress

20 a report on the means of improving United States controls

21 of biological pathogens and the equipment necessary to de22 velop, produce, or deliver biological weapons.

23 (2) Subject to paragraph (3), the report under para24 graph (1) should include the following:
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1 (A) A list of the equipment identified by the At2 torney General, in consultation with the Secretary of

3 Defense, the Director of Central Intelligence, other

4 appropriate Federal officials, and other appropriate

5 members of public and private organizations, as crit6 ical to the development, production, or delivery of bi7 ological weapons.

8 (B) Recommendations, if any, for such legisla9 tive language as the Attorney General considers ap10 propriate to make illegal the possession of the bio11 logical pathogens by anyone who is not properly cer12 tified for the possession of such pathogens, or for

13 other than a legitimate purpose.

14 (C) Recommendations, if any, for such legisla15 tive language as the Attorney General considers ap16 propriate to control the domestic sale and transfer

17 of the equipment identified under subparagraph (A),

18 including any appropriate steps to track, tag, or oth19 erwise mark or monitor such equipment.

20 (3) The recommendations of the Attorney General

21 under paragraph (2) shall take into consideration the im22 pact of additional controls on legitimate industrial or med23 ical activities, and shall include an assessment of the eco24 nomic and scientific effects of such controls on such activi25 ties.
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1 (b) IMPROVED SECURITY OF FACILITIES.—Not later

2 than one year after the date of the enactment of this Act,

3 the Secretary of Health and Human Services, in consulta4 tion with other appropriate Federal officials and appro5 priate members of public and private organizations, shall

6 submit to Congress a report with detailed analysis and

7 recommendations for appropriate regulations, or modifica8 tions to current law, to enhance the standards for the

9 physical protection and security of the biological patho10 gens described in subsection (a) at research laboratories

11 and other facilities in the United States that create, pos12 sess, handle, store, or transport such pathogens in order

13 to protect against the theft or other diversion for illegit14 imate purposes of such pathogens from such laboratories

15 and facilities.

16 SEC. 13. REIMBURSEMENT OF PERSONNEL PERFORMING

17 COUNTERTERRORISM DUTIES FOR PROFES18 SIONAL LIABILITY INSURANCE.

19 (a) REQUIREMENT FOR FULL REIMBURSEMENT.—

20 (1) Notwithstanding any other provision of law and sub21 ject to paragraph (2), the head of an agency employing

22 a qualified employee shall reimburse the qualified em23 ployee for the costs incurred by the qualified employee for

24 professional liability insurance.
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1 (2) Reimbursement of a qualified employee under

2 paragraph (1) shall be contingent on the submission by

3 the qualified employee to the head of the agency concerned

4 of such information or documentation as the head of the

5 agency concerned shall require.

6 (3) Amounts for reimbursements under paragraph

7 (1) shall be derived from amounts available to the agency

8 concerned for salaries and expenses.

9 (b) QUALIFIED EMPLOYEE.—For purposes of this

10 section, the term ‘‘qualified employee’’ means an employee

11 of an agency whose position is that of—

12 (1) a law enforcement officer performing official

13 counterterrorism duties; or

14 (2) an official of an element of the intelligence

15 community performing official counterterrorism du16 ties outside the United States.

17 (c) DEFINITIONS.—In this section:

18 (1) AGENCY.—The term ‘‘agency’’ means any

19 Executive agency, as that term is defined in section

20 105 of title 5, United States Code, and includes any

21 agency of the Legislative Branch of Government.

22 (2) ELEMENT OF THE INTELLIGENCE COMMU23 NITY.—The term ‘‘element of the intelligence com24 munity’’ means any element of the intelligence com25 munity specified or designated under section 3(4) of
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1 the National Security Act of 1947 (50 U.S.C.

2 401a(4)).

3 (3) LAW ENFORCEMENT OFFICER; PROFES4 SIONAL LIABILITY INSURANCE.—The terms ‘‘law en5 forcement officer’’ and ‘‘professional liability insur6 ance’’ have the meanings given those terms in sec7 tion 636(c) of the Treasury, Postal Service, and

8 General Government Appropriations Act, 1997 (5

9 U.S.C. prec. 5941 note).

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