[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3205 Introduced in Senate (IS)]







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.

    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) At least 5 United States sailors were killed in the 
        attack, and at least 36 were injured.
    (b) Sense of Congress.--It is the sense of Congress that the United 
States Government should--
            (1) take immediate 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) Under section 40A of the Arms Export Control Act (22 
        U.S.C. 2781), enacted by Congress in 1996, the President is 
authorized to designate as ``not cooperating fully'' states whose 
behavior is objectionable but not so egregious as to warrant 
designation as a state sponsor of terrorism. That provision has not 
been used effectively. To date, only Afghanistan has been so designated 
under that provision, which designation arises from the legal 
difficulty of putting Afghanistan on the list of state sponsors of 
terrorism without appearing to recognize the Taliban as the legitimate 
government of Afghanistan.
            (9) 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.
            (10) 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.
            (11) 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 28 
        organizations on the most recent list of FTOs, issued in 
        October of 1999 by the Secretary of State. Current practice is 
        to update the list of FTOs every two years, although terrorist 
        groups, and the threats they pose, may emerge more frequently.
            (12) 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.
            (13) Current controls on the transfer and possession of 
        biological pathogens that could be used in biological weapons 
        are inadequate. Such controls were designed to prevent 
        accidents, not theft. 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 and the 
                Judiciary and the Select Committee on Intelligence of 
                the Senate.
                    (B) The Committees on Appropriations and the 
                Judiciary 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 
Select Committee on Intelligence of the Senate 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 Congress 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 
        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.
    (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.

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).
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