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.
Be it enacted by the Senate and House of Representa-
tives 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 de-
plored.
(2) With the dramatic changes that have oc-
curred in the world in the late 1980s and early
1990s, the world community has an extraordinary
opportunity to further curtail, and possibly elimi-
nate, terrorist activity.
SEC. 3. EMBARGO ON TRADE WITH COUNTRIES SUPPORT-
ING INTERNATIONAL TERRORISM.
(a) TRADE EMBARGO.—
(1) PROHIBITION ON IMPORTS.—Goods or serv-
ices 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 sub-
section (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 En-
ergy Act of 1954.
(C) Sections 11, 12, and 13 of the Export Ad-
ministration Act of 1979 (relating to violations, en-
forcement, and administrative procedure and judicial
review) apply with respect to violations and enforce-
ment of this paragraph, without regard to the termi-
nation 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 pur-
poses of this section, support for acts of inter-
national terrorism includes a situation in which the
government of a country knowingly allows an inter-
national terrorist organization to operate or main-
tain facilities within the country without taking
measures to prevent such organization from operat-
ing freely.
(2) PUBLICATION OF DETERMINATIONS.—Each
determination of the Secretary of State under para-
graph (1) shall be published in the Federal Register.
(3) RESCISSION OF DETERMINATION.—A deter-
mination 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 as-
surances 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 ter-
rorism during the preceding 6-month pe-
riod; and
(ii) the government concerned has
provided assurances that it will not sup-
port 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 secu-
rity interests or humanitarian reasons justify such
waiver; and
(2) at least 15 days before the waiver takes ef-
fect, the President consults with the Congress re-
garding the proposed waiver and submits to the
Congress a report—
(A) identifying the country concerned;
(B) describing the national security inter-
ests 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 re-
quired 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 Co-
operation 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 li-
censes and notice to Congress for certain exports to
countries supporting international terrorism) is re-
pealed.
(B) Any reference in any law to a determina-
tion made under section 6(j) of the Export Adminis-
tration Act of 1979 shall be deemed to be a ref-
erence to a determination made under subsection (a)
of this section.
SEC. 4. OTHER PROVISIONS RELATING TO STATE SPON-
SORED 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 de-
termination 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 INTER-
NATIONAL 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 inter-
national terrorism includes a situation in which the
government of a country knowingly allows an inter-
national terrorist organization to operate or main-
tain facilities within the country without taking
measures to prevent such organization from operat-
ing 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 ter-
rorism includes a situation in which the government
of a country knowingly allows an international ter-
rorist organization to operate or maintain facilities
within the country without taking measures to pre-
vent such organization from operating freely.’’.
SEC. 5. INTERNATIONAL TERRORISM CONTROL TREATY.
The Congress reaffirms the policy expressed in sec-
tion 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 terror-
ist attacks.
SEC. 6. INTERNATIONAL EMBARGO ON IMPORTS FROM
LIBYA.
The Congress urges the President to seek the partici-
pation 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 cer-
tain 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 spec-
ified 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 es-
tablish—
(1) an effective regime of international sanc-
tions 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 sup-
port international terrorism; and
(2) to develop a prompt response to nuclear ter-
rorist threats.
SEC. 9. IMPROVING THE ABILITY OF UNITED STATES BUSI-
NESSES TO COUNTER THE THREAT OF KID-
NAPPING AND OTHER ACTS OF TERRORISM.
(a) ESTABLISHMENT.—Not later than 180 days after
the date of enactment of this Act, the President shall es-
tablish a Government-Business Antiterrorism Council to
study and make recommendations on—
(1) additional steps the United States Govern-
ment 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 rep-
resentatives 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 pay-
ments, 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 edu-
cation and training program) may not be obligated for
Malta.
SEC. 12. STEPS TO ENCOURAGE EXTENDED TOURS OF
DUTY FOR GOVERNMENT PERSONNEL IN-
VOLVED IN COUNTER-TERRORISM ACTIVI-
TIES.
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 advance-
ment after completion of such extended tours of duty.
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 popu-
lation; 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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