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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.

    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 `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 With the fall of the Soviet Union, many state-sponsored terrorist groups have been replaced by more loosely knit organizations with varying motives.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.

    (a) REPORT ON GUIDELINES- Not later than six months after the date of the enactment of this Act, the Director of Central Intelligence shall submit to Congress, including the Committees on the Judiciary of the Senate and the House of Representatives, a report on the Director's response to the findings of the National Commission on Terrorism regarding the recruitment of terrorist informants.

    (b) REPORT ELEMENTS- The report under subsection (a) shall set forth the following:

      (1) A detailed response to the findings referred to in that subsection, and a detailed description of any other policy considerations that prompted the 1995 guidelines of the Central Intelligence Agency on the use of terrorists as informants.
      (2) Recommendations, if any, for legislation to enhance the recruitment of terrorist informants, including any limitations that may be necessary to assure that the United States does not encourage human rights abuse abroad.

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.

    (a) REPORT ON ESTABLISHMENT OF INTELLIGENCE REPORTING FUNCTION- Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation 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 feasibility of establishing within the Bureau a comprehensive intelligence reporting function having the responsibility for disseminating among the elements of the intelligence community information collected and assembled by the Bureau on international terrorism and other national security matters.

    (b) REPORT ELEMENTS- The report under subsection (a) shall include the following:

      (1) A description of the requirements applicable to the creation of the function referred to in that subsection, including the funding required for the function.
      (2) A discussion of the legal and policy issues, including any reasonable restrictions on the sharing of information and the potential effects on open criminal investigations, associated with disseminating to the elements of the intelligence community law enforcement information relating to international terrorism and other national security matters.

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

    S 3205 ES----3

    S 3205 ES----4

    S 3205 ES----5

END


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