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106th CONGRESS
2d Session
S. 3205
AN ACT
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.
SECTION 1. SHORT TITLE.
This Act may be cited as the `Counterterrorism Act of 2000'.
SEC. 2. SENSE OF CONGRESS ON THE ATTACK ON THE U.S.S. COLE.
(a) FINDINGS- Congress makes the following findings:
(1) On October 12, 2000, the United States naval vessel U.S.S. Cole was
attacked in Aden, Yemen.
(2) The attack occurred while the U.S.S. Cole was refueling, and was
unprovoked.
(3) Seventeen United States sailors were killed in the attack, and
thirty-nine were injured. (b) SENSE OF CONGRESS- It is the sense of Congress that the United States
Government should--
(1) continue to take strong and effective actions to investigate rapidly the
unprovoked attack on the United States naval vessel U.S.S. Cole;
(2) ensure that the perpetrators of this cowardly act are swiftly brought to
justice; and
(3) take appropriate actions to protect from terrorist attack all other
members and units of the United States Armed Forces that are deployed
overseas.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) The Commission on National Security in the 21st Century, chaired by
former Senators Hart and Rudman, concluded that `[s]tates, terrorists, and other
disaffected groups will acquire weapons of mass destruction and mass disruption,
and some will use them. Americans will likely die on American soil, possibly in
large number.'.
(2) United States counterterrorism efforts must be improved to meet the
evolving threat of international terrorism against United States nationals and
interests. The bipartisan National Commission of Terrorism chaired by Ambassador
Paul Bremer and Maurice Sonnenberg was mandated by Congress to evaluate current
United States policy and make recommendations on improvements. This Act stems
from the findings and recommendations of that Commission.
(3) The face of terrorism has changed significantly over the last 25 years.
With the fall of the Soviet Union, many state-sponsored terrorist groups have
been replaced by more loosely knit organizations with varying motives. These
transnational terrorist networks are more difficult to track and penetrate than
state sponsored terrorist groups, and their actions are more difficult to
predict.
(4) State support of terrorism has not disappeared. Despite political change
in Iran, the country continues to be the foremost state sponsor of terrorism in
the world. In April 2000, the Department of State issued `Patterns of Global
Terrorism', which provides a detailed account of Iran's continued support of
terrorism.
(5) According to the report of the National Commission on Terrorism, there
are indications of Iranian involvement in the 1996 bombing of the Khobar Towers
complex in Saudi Arabia, in which 19 United States soldiers were killed and more
than 500 injured. In October 1999, President Clinton officially requested
cooperation from Iran in the investigation of the bombing. Thus far, Iran has
not responded to this request.
(6) Terrorist attacks are becoming more lethal. A growing number of
terrorist attacks are designed to kill the maximum number of people. Although
conventional explosives have remained the weapon of choice, terrorist groups are
investing in the acquisition of unconventional weapons such as nuclear,
chemical, and biological agents.
(7) Syria was placed on the first list of state-sponsors of terrorism by the
United States Government in 1979, due to its long history of using terrorism to
advance its interests. Syria continues to support terrorist training and
logistics.
(8) According to the National Commission on Terrorism, the 1995 guidelines
of the Central Intelligence Agency on the use of terrorists as informants set up
complex procedures for seeking approval to recruit as informants terrorists who
have been involved in human rights violations. That Commission found that these
guidelines have inhibited the recruitment of essential, if sometimes unsavory,
terrorist informants. As a result, that Commission concluded that the United
States has relied too heavily on foreign intelligence services in attempting to
uncover information about terrorist organizations.
(9) No other country, much less any subnational organization, can match
United States scientific and technological prowess (including quality control)
in biotechnology and pharmaceutical production, electronics, computer science,
and other pursuits that could help overcome and defeat the technologies used by
future terrorists.
(10) Currently, the United States focuses its efforts to discourage private
financial support to terrorists on prosecutions under the provisions of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132) and
the amendments made by that Act. Under an amendment made by that Act, section
219 of the Immigration and Nationality Act (8 U.S.C. 1189) requires the
Secretary of State to designate groups that threaten United States interests and
security as Foreign Terrorist Organizations (FTOs). There are currently 29 FTOs.
The National Commission on Terrorism recommended that the Secretary of State
ensure that the list of FTO designations is credible and updated
regularly.
(11) It is in the interest of the United States that the Federal Government
take a broader approach to cutting off the flow of financial support for
terrorism from within the United States. Anyone providing to terrorist
organizations funds that he or she knows will be used to support terrorist acts
should be prosecuted under all relevant statutes, including statutes addressing
money laundering, conspiracy, and tax or fraud violations. In addition, Federal
agencies such as the Office of Foreign Assets Control (OFAC) of the Internet
Revenue Service and the Customs Service should be better utilized to thwart
terrorist fundraising. Such activities should not violate constitutional rights
and values.
(12) Current controls on the transfer and possession of biological pathogens
that could be used in biological weapons are inadequate. Controls on the
equipment needed to turn such pathogens into weapons are virtually nonexistent.
The National Commission on Terrorism concluded that the standards for the
storage, transport, and handling of biological pathogens should be as rigorous
as the current standards for the physical protection and security of critical
nuclear materials.
SEC. 4. SYRIA.
It is the sense of Congress that the United States should keep Syria on the
list of countries who sponsor terrorism until Syria--
(1) shuts down training camps and other terrorist support facilities in
Syrian-controlled territory; and
(2) prohibits financial or other support of terrorists through
Syrian-controlled territory.
SEC. 5. IRAN.
It is the sense of Congress that the United States should keep Iran on the
list of countries who sponsor terrorism, and make no concessions to Iran, until
Iran--
(1) demonstrates that it has stopped supporting terrorism; and
(2) cooperates fully with the United States in the investigation into the
1996 bombing of the Khobar Towers complex in Saudi Arabia.
SEC. 6. GUIDELINES ON RECRUITMENT OF TERRORIST INFORMANTS.
SEC. 7. REVIEW OF AUTHORITY OF FEDERAL AGENCIES TO ADDRESS CATASTROPHIC
TERRORIST ATTACKS.
(a) REVIEW REQUIRED- The Attorney General shall conduct a review of the
legal authority of various Federal agencies, including the Department of
Defense, to respond to, and to prevent, pre-empt, detect, and interdict,
catastrophic terrorist attacks.
(b) REPORT- Not later than one year after the date of the enactment of this
Act, the Attorney General shall submit to the appropriate committees of Congress
a report on the review conducted under subsection (a). The report shall include
any recommendations that the Attorney General considers appropriate, including
recommendations whether additional legal authority for particular Federal
agencies is advisable in order to enhance the capability of the Federal
Government to respond to, and to prevent, pre-empt, detect, and interdict,
catastrophic terrorist attacks.
(c) DEFINITIONS- In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS- The term `appropriate committees of
Congress' means the following:
(A) The Committees on Appropriations, Armed Services, and the Judiciary and
the Select Committee on Intelligence of the Senate.
(B) The Committees on Appropriations, Armed Services, International
Relations, and the Judiciary and the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) CATASTROPHIC TERRORIST ATTACK- The term `catastrophic terrorist attack'
means a terrorist attack against the United States perpetrated by a state,
substate, or nonstate actor that involves mass casualties or the use of a weapon
of mass destruction.
SEC. 8. LONG-TERM RESEARCH AND DEVELOPMENT TO ADDRESS CATASTROPHIC TERRORIST
ATTACKS.
(a) SENSE OF CONGRESS- It is the sense of Congress that--
(1) there has not been sufficient emphasis on long-term research and
development on technologies useful in fighting terrorism; and
(2) the United States should make better use of its considerable
accomplishments in science and technology to prevent or address terrorist
attacks in the future, particularly attacks involving chemical, biological, or
nuclear agents. (b) ESTABLISHMENT OF PROGRAM- Not later than one year after the date of the
enactment of this Act, the President shall establish a comprehensive program
(including a comprehensive set of requirements for the program) of long-term
research and development relating to science and technology necessary to
prevent, pre-empt, detect, interdict, and respond to catastrophic terrorist
attacks.
(c) REPORT ON PROPOSED PROGRAM- Not later than 30 days before the
commencement of the program required by subsection (b), the President shall
submit to Congress a report on the program. The report on the program shall
include the following:
(1) A description of the proposed organization and mission of the
program.
(2) A description of the current capabilities of the Federal Government to
rapidly identify and contain an attack in the United States involving chemical
or biological agents, including any proposals for future enhancements of such
capabilities that the President considers appropriate. (d) CATASTROPHIC TERRORIST ATTACK DEFINED- In this section, the term
`catastrophic terrorist attack' means a terrorist attack against the United
States perpetrated by a state, substate, or nonstate actor that involves mass
casualties or the use of a weapon of mass destruction.
SEC. 9. DISSEMINATION OF LAW ENFORCEMENT INFORMATION TO THE INTELLIGENCE
COMMUNITY.
SEC. 10. DISCLOSURE BY LAW ENFORCEMENT AGENCIES OF CERTAIN INTELLIGENCE
OBTAINED BY INTERCEPTION OF COMMUNICATIONS.
(a) REPORT ON AUTHORITIES RELATING TO SHARING OF CRIMINAL WIRETAP
INFORMATION- Not later than 180 days after the date of the enactment of this
Act, the President shall submit to the Committee on the Judiciary and the Select
Committee on Intelligence of the Senate and the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the House of Representatives a
report on the legal authorities that govern the sharing of criminal wiretap
information under relevant United States laws, including section 104 of the
National Security Act of 1947 (50 U.S.C. 403-4). The report shall include--
(1) a description of the type of information that can be shared by the
Department of Justice or other United States law enforcement agencies with
elements of the United States intelligence community, including a description of
all such information that the Department of Justice or other such law
enforcement agencies currently share with elements of the United States
intelligence community and the legal limitations if any, that apply to the use
of such information by elements of the intelligence community; and
(2) recommendations, if any, for such legislative language as the President
considers appropriate to improve the capability of the Department of Justice, or
other law enforcement agencies, to share foreign intelligence information or
counterintelligence information with elements of the United States intelligence
community on matters such as counterterrorism. (b) DEFINITIONS- As used in this section, the terms `foreign intelligence'
and `counterintelligence' have the meanings given those terms in paragraphs (2)
and (3), respectively, of section 3 of the National Security Act of 1947 (50
U.S.C. 401a).
SEC. 11. JOINT TASK FORCE ON TERRORIST FUNDRAISING.
(a) SENSE OF CONGRESS- It is the sense of the Congress that--
(1) many terrorist groups secretly solicit and exploit the resources of
international nongovernmental organizations, companies, and wealthy
individuals;
(2) the Federal Government could do more to utilize all the tools available
to the Federal Government to prevent, deter, and disrupt the fundraising
activities of international terrorist organizations; and
(3) the employment of any such tools to combat terrorism must not violate
speech, association, and equal protection rights guaranteed by the Constitution
of the United States. (b) ESTABLISHMENT OF JOINT TASK FORCE- Not later than six months after the
date of the enactment of this Act, the President shall establish a joint task
force for purposes of developing and implementing a broad approach toward
discouraging the fundraising activities of international terrorist
organizations. The approach shall utilize all criminal, civil, and
administrative sanctions available under Federal law, including sanctions for
money laundering, tax and fraud violations, and conspiracy. The approach shall
not infringe upon constitutional and civil rights in the United States.
(c) REPORT- Not later than one year after the date of the enactment of this
Act, the joint task force established under subsection (b) shall submit to
Congress a report on the activities of the joint task force. The report shall
include any findings and recommendations (including recommendations for
modifications of United States law or policy) that the joint task force
considers appropriate regarding United States efforts to thwart the fundraising
activities of international terrorist organizations while protecting
constitutional and civil rights in the United States.
SEC. 12. IMPROVEMENT OF CONTROLS ON PATHOGENS AND EQUIPMENT FOR PRODUCTION
OF BIOLOGICAL WEAPONS.
(a) REPORT ON IMPROVEMENT OF CONTROLS- (1) Not later than one year after the
date of the enactment of this Act, the Attorney General shall submit to Congress
a report on the means of improving United States controls of biological
pathogens and the equipment necessary to develop, produce, or deliver biological
weapons.
(2) Subject to paragraph (3), the report under paragraph (1) should include
the following:
(A) A list of the equipment identified by the Attorney General, in
consultation with the Secretary of Defense, the Secretary of Health and Human
Services, the Director of Central Intelligence, other appropriate Federal
officials, and other appropriate members of public and private organizations, as
critical to the development, production, or delivery of biological
weapons.
(B) Recommendations, if any, for such legislative language as the Attorney
General considers appropriate to make illegal the possession of the biological
pathogens by anyone who is not properly certified for the possession of such
pathogens, or for other than a legitimate purpose.
(C) Recommendations, if any, for such legislative language as the Attorney
General considers appropriate to control the domestic sale and transfer of the
equipment identified under subparagraph (A), including any appropriate steps to
track, tag, or otherwise mark or monitor such equipment. (3) The recommendations of the Attorney General under paragraph (2) shall
take into consideration the impact of additional controls on legitimate
industrial or medical activities, and shall include an assessment of the
economic and scientific effects of such controls on such activities.
(4) The Attorney General shall consult with the Secretary of Health and
Human Services in preparing any recommendations under paragraph (2)(B), and
shall include in the report under paragraph (1) a detailed description of the
methodology and criteria used to define and determine the types and classes of
pathogens covered by such recommendations.
(b) IMPROVED SECURITY OF FACILITIES- Not later than one year after the date
of the enactment of this Act, the Secretary of Health and Human Services, in
consultation with other appropriate Federal officials and appropriate members of
public and private organizations, shall submit to Congress a report with
detailed analysis and recommendations for appropriate regulations, or
modifications to current law, to enhance the standards for the physical
protection and security of the biological pathogens described in subsection (a)
at research laboratories and other facilities in the United States that create,
possess, handle, store, or transport such pathogens in order to protect against
the theft or other diversion for illegitimate purposes of such pathogens from
such laboratories and facilities. The report shall include a detailed
description of the methodology and criteria used to define and determine the
types and classes of pathogens covered by the report.
SEC. 13. REIMBURSEMENT OF PERSONNEL PERFORMING COUNTERTERRORISM DUTIES FOR
PROFESSIONAL LIABILITY INSURANCE.
(a) REQUIREMENT FOR FULL REIMBURSEMENT- (1) Notwithstanding any other
provision of law and subject to paragraph (2), the head of an agency employing a
qualified employee shall reimburse the qualified employee for the costs incurred
by the qualified employee for professional liability insurance.
(2) Reimbursement of a qualified employee under paragraph (1) shall be
contingent on the submission by the qualified employee to the head of the agency
concerned of such information or documentation as the head of the agency
concerned shall require.
(3) Amounts for reimbursements under paragraph (1) shall be derived from
amounts available to the agency concerned for salaries and expenses.
(b) QUALIFIED EMPLOYEE- For purposes of this section, the term `qualified
employee' means an employee of an agency whose position is that of--
(1) a law enforcement officer performing official counterterrorism duties;
or
(2) an official of an element of the intelligence community performing
official counterterrorism duties outside the United States. (c) DEFINITIONS- In this section:
(1) AGENCY- The term `agency' means any Executive agency, as that term is
defined in section 105 of title 5, United States Code, and includes any agency
of the Legislative Branch of Government.
(2) ELEMENT OF THE INTELLIGENCE COMMUNITY- The term `element of the
intelligence community' means any element of the intelligence community
specified or designated under section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)).
(3) LAW ENFORCEMENT OFFICER; PROFESSIONAL LIABILITY INSURANCE- The terms
`law enforcement officer' and `professional liability insurance' have the
meanings given those terms in section 636(c) of the Treasury, Postal Service,
and General Government Appropriations Act, 1997 (5 U.S.C. prec. 5941
note).
Passed the Senate November 14 (legislative day, September 22), 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 3205
AN ACT
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.
S 3205 ES----2
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END
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