<DOC>
[106 House Committee Prints]
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[DOCID: f:62838.wais]



106th Congress 2d Session   COMMITTEE PRINT                 

_______________________________________________________________________


 
                        INTERNATIONAL TERRORISM:
                      A COMPILATION OF MAJOR LAWS,
                       TREATIES, AGREEMENTS, AND
                          EXECUTIVE DOCUMENTS

                               ----------                              

                              R E P O R T

                            prepared for the

                  COMMITTEE ON INTERNATIONAL RELATIONS
                     U.S. HOUSE OF REPRESENTATIVES

                                 by the

                     CONGRESSIONAL RESEARCH SERVICE
                          LIBRARY OF CONGRESS

                                     
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13

                                     

                               JULY 2000


    Printed for the use of the Committee on International Relations

For sale by the Superintendent of Documents, Congressional Sales Office
         U.S. Government Printing Office, Washington, DC 20402





                  COMMITTEE ON INTERNATIONAL RELATIONS

  BENJAMIN A. GILMAN, New York, 
             Chairman
SAM GEJDENSON, Connecticut           WILLIAM F. GOODLING, Pennsylvania
TOM LANTOS, California               JAMES A. LEACH, Iowa
HOWARD L. BERMAN, California         HENRY J. HYDE, Illinois
GARY L. ACKERMAN, New York           DOUG BEREUTER, Nebraska
ENI F.H. FALEOMAVAEGA, American SamoaCHRISTOPHER H. SMITH, New Jersey
MATTHEW G. MARTINEZ, California      DAN BURTON, Indiana
DONALD M. PAYNE, New Jersey          ELTON GALLEGLY, California
ROBERT MENENDEZ, New Jersey          ILEANA ROS-LEHTINEN, Florida
SHERROD BROWN, Ohio                  CASS BALLENGER, North Carolina
CYNTHIA A. McKINNEY, Georgia         DANA ROHRABACHER, California
ALCEE L. HASTINGS, Florida           DONALD A. MANZULLO, Illinois
PAT DANNER, Missouri                 EDWARD R. ROYCE, California
EARL F. HILLIARD, Alabama            PETER T. KING, New York
BRAD SHERMAN, California             STEVEN CHABOT, Ohio
ROBERT WEXLER, Florida               MARSHALL ``MARK'' SANFORD, South 
STEVEN R. ROTHMAN, New Jersey        Carolina
JIM DAVIS, Florida                   MATT SALMON, Arizona
EARL P0MEROY, North Dakota           AMO HOUGHTON, New York
WILLIAM D. DELAHUNT, Massachusetts   TOM CAMPBELL, California
GREGORY W. MEEKS, New York           JOHN M. McHUGH, New York
BARBARA LEE, California              KEVIN BRADY, Texas
JOSEPH CROWLEY, New York             RICHARD BURR, North Carolina
JOSEPH M. HOEFFEL, Pennsylvania      PAUL E. GILLMOR, Ohio
                                     GEORGE RADANOVICH, California
                                     JOHN COOKSEY, Louisiana
                                     THOMAS G. TANCREDO, Colorado
                 Richard J. Garon, Chief of Staff
          Kathleen Bertelsen Moazed, Democratic Chief of Staff






                                FOREWORD

                              ----------                              

                          House of Representatives,
                      Committee on International Relations,
                                     Washington, DC, July 25, 2000.

    This updated compendium prepared by the Congressional 
Research Service, entitled ``International Terrorism: A 
Compilation of Major Laws, Treaties, Agreements, and Executive 
Documents'' was requested by me on behalf of the Committee on 
International Relations. The earlier editions have proven to be 
a very useful source for those responsible for dealing with 
issues of international terrorism.
    In addition to U.S. legislation and executive documents 
related to terrorism, the volume also includes bilateral and 
multilateral treaties and agreements, as well as other 
multilateral documents. I would like to acknowledge the efforts 
of those in the Foreign Affairs, Defense, and Trade Division of 
the Congressional Research Service who worked on the project. 
The principal contributors to this volume were C. Winston 
Woodland who coordinated the assembly of the report, and 
Carolyn Hatcher who prepared major portions. Others who 
provided significant contributions included Terrence Lisbeth, 
Dagnija Sterste-Perkins, Marjorie A. Browne, Ellen Grigorian, 
and Raphael Perl, under the direction of Francis T. Miko. I 
also want to acknowledge the advice and assistance provided by 
Michael Kraft of the Office of Counterterrorism, Department of 
State.

                                        Benjamin A. Gilman,
                                                          Chairman.





                          LETTER OF SUBMITTAL

                              ----------                              

                    Congressional Research Service,
                                   The Library of Congress,
                                     Washington, DC, July 24, 2000.
Hon. Benjamin A. Gilman,
Chairman, Committee on International Relations,
    House of Representatives, Washington, DC.
    Dear Mr. Chairman: In response to the Committee's request, 
I am submitting an updated version of a compendium entitled: 
``International Terrorism: A Compilation of Major Laws, 
Treaties, Agreements, and Executive Documents,'' first issued 
as a committee print in August 1987 and subsequently updated in 
July 1991 and December 1994.
    The compilation includes major statutes of interest to the 
committee along with related Executive orders, documents, and 
reports. It also includes international treaties and 
agreements, as well as relevant documents of international 
organizations. The principal contributors to this volume were 
C. Winston Woodland who coordinated the assembly of the volume 
and Carolyn Hatcher who prepared major portions. Others who 
provided significant contributions included Terrence Lisbeth, 
Dagnija Sterste-Perkins, Marjorie A. Browne, Ellen Grigorian, 
and Raphael Perl. The volume was prepared under the overall 
direction of Francis T. Miko. Michael Kraft of the office of 
Counterterrorism, Department of State, provided extensive 
advice and support.

            Sincerely,
                                     Daniel P. Mulhollan, Director.




                                ABSTRACT

                              ----------                              

    This compilation comprises major laws, treaties and 
agreements, and executive documents relating to U.S. and 
international efforts to combat terrorism. The legislation is 
subdivided into sections relating to foreign assistance, the 
Department of State, defense legislation, trade and financial 
issues, aviation security, and other issues.
    It also includes a selection of significant executive 
orders, executive department regulations, and other executive 
branch documents and reports. Sections on international 
agreements include bilateral agreements, as well as relevant 
multilateral treaties. Other multilateral documents include 
selected statements from economic summit conferences, United 
Nations Security Council resolutions, and documents of other 
organizations.






                            C O N T E N T S

                              ----------                              
                                                                   Page
Foreword.........................................................   iii

Letter of Submittal..............................................     v

Abstract.........................................................   vii

A. FOREIGN ASSISTANCE AND RELATED LEGISLATION....................     1

 1. The Foreign Assistance Act of 1961, as amended (Public Law 
    87-195) (partial text).......................................     3
 2. Arms Export Control Act, as amended (Public Law 90-629) 
    (partial text)...............................................    11
 3. Iran and Libya Sanctions Act of 1996 (Public Law 104-172)....    19
 4. Iran-Iraq Arms Nonproliferation Act of 1992, as amended 
    (Title XVI of Public Law 102-484)............................    30
 5. International Security and Development Cooperation Act of 
    1985, as amended (Public Law 99-83) (partial text)...........    35
 6. International Security and Development Cooperation Act of 
    1981, as amended (Public Law 97-113) (partial text)..........    40
 7. Iraq Sanctions Act of 1990 (Public Law 101-513) (partial 
    text)........................................................    42
 8. International Narcotics Control Act of 1990 (Public Law 101-
    623) (partial text)..........................................    46
 9. Foreign Operations, Export Financing, and Related Programs 
    Appropriations Act, 1999 (Public Law 105-277) (partial text).    47
10. Department of Justice Appropriations Act, 1999 (Public Law 
    105-277) (partial text)......................................    58
      Title I--Department of Justice.............................    58
11. Emergency Supplemental Appropriations Act for Fiscal year 
    1999 (Public Law 105-277) (partial text).....................    61
      Title II--Antiterrorism....................................    61
12. Foreign Operations, Export Financing, and Related Programs 
    Appropriations Act, 1997 (Public Law 104-208) (partial text).    68

B. DEPARTMENT OF STATE LEGISLATION...............................    69

 1. State Department Basic Authorities Act of 1956, as amended 
    (Public Law 84-885) (partial text)...........................    71
 2. Intelligence Authorization Act for Fiscal Year 1996 (Public 
    Law 104-93) (partial text)...................................    78
 3. Foreign Relations Authorization Act, Fiscal Years 1998 and 
    1999 (Public Law 105-277) (partial text).....................    80
 4. Foreign Relations Authorization Act, Fiscal Years 1994 and 
    1995, as amended (Public Law 103-236) (partial text).........    82
 5. Foreign Relations Authorization Act, Fiscal Years 1992 and 
    1993, as amended (Public Law 102-138) (partial text).........    86
 6. Foreign Relations Authorization Act, Fiscal Years 1988 and 
    1989, as amended (Public Law 100-204) (partial text).........    87
 7. Department of State and Related Agencies Appropriations Act, 
    1999 (Public Law 105-277) (partial text).....................    90
 8. Emergency Supplemental Appropriations for Fiscal Year 1999 
    (Public Law 105-277) (partial text)..........................    91
 9. Hostage Relief Act of 1980 (Public Law 96-449)...............    93

C. TRADE AND FINANCIAL LEGISLATION...............................   101

 1. Antiterrorism and Effective Death Penalty Act of 1996 (Public 
    Law 104-132) (partial text)..................................   105
 2. Omnibus Diplomatic Security and Antiterrorism Act of 1986, as 
    amended (Public Law 99-399) (partial text)...................   121
 3. Crimes and Criminal Procedure (Title 18, United States Code) 
    (partial text)...............................................   160
 4. Violent Crime Control and Law Enforcement Act of 1994 (Public 
    Law 103-322) (partial text)..................................   209
 5. Act for the Protection of Foreign Officials and Official 
    Guests of the United States (Public Law 92-539) (partial 
    text)........................................................   210
 6. Anti-Terrorism and Arms Export Amendments Act of 1989 (Public 
    Law 101-222) (partial text)..................................   211
 7. Biological Weapons Anti-Terrorism Act of 1989 (Public Law 
    101-298) (partial text)......................................   212
 8. 1984 Act To Combat International Terrorism, as amended 
    (Public Law 98-533) (partial text)...........................   213
 9. Foreign Sovereign Immunities (Title 28, United States Code) 
    (partial text)...............................................   215

D. DEFENSE LEGISLATION...........................................   227

 1. Armed Forces Legislation (Title 10, United State Code) 
    (partial text)...............................................   229
 2. Strom Thurmond National Defense Authorization Act for Fiscal 
    Year 1999 (Public Law 105-261) (partial text)................   237
 3. Department of Defense Appropriations Act, 1999 (Public Law 
    105-262) (partial text)......................................   243
 4. National Defense Authorization Act for Fiscal Year 1998 
    (Public Law 105-85) (partial text)...........................   244
 5. National Defense Authorization Act for Fiscal Year 1997 
    (Public Law 104-201) (partial text)..........................   248
 6. National Defense Authorization Act for Fiscal Year 1995 
    (Public Law 103-337) (partial text)..........................   249
 7. National Defense Authorization Act for Fiscal Year 1994 
    (Public Law 103-160) (partial text)..........................   252
 8. National Defense Authorization Act for Fiscal Year 1993 
    (Public Law 102-484) (partial text)..........................   254
 9. National Defense Authorization Act for Fiscal Year 1987 
    (Public Law 99-661) (partial text)...........................   260
10. Department of Defense Authorization Act, 1986 (Public Law 99-
    145) (partial text)..........................................   261
11. Foreign Intelligence Surveillance (Title 50, United States 
    Code) (partial text).........................................   263
12. Intelligence Authorization Act for Fiscal Year 1996 (Public 
    Law 104-93) (partial text)...................................   274

E. TRADE AND FINANCIAL LEGISLATION...............................   275

 1. Trade Act of 1974, as amended (Public Law 93-618) (partial 
    text)........................................................   277
 2. Export Administration Act of 1979, as amended (Public Law 96-
    72) (partial text)...........................................   282
 3. Trade Expansion Act of 1969, as amended (Public Law 87-794) 
    (partial text)...............................................   291
 4. Trading With The Enemy Act, as amended (Public Law 65-91) 
    (partial text)...............................................   295
 5. International Emergency Economic Powers Act, as amended 
    (Public Law 95-223) (partial text)...........................   298
 6. Export-Import Bank Act of 1945, as amended (Public Law 79-
    173) (partial text)..........................................   303
 7. Internal Revenue Code........................................   308
 8. Bretton Woods Agreements Act Amendments, 1978, as amended 
    (Public Law 95-435) (partial text)...........................   312
 9. International Financial Institutions Act, as amended (Public 
    Law 95-118) (partial text)...................................   313
10. Inter-American Development Bank Act, as amended (Public Law 
    86-147) (partial text).......................................   315

F. AVIATION SECURITY.............................................   317

 1. Aviation Programs (Title 49, United State Code) (partial 
    text)........................................................   319
 2. Federal Aviation Reauthorization Act of 1996 (Public Law 104-
    264) (partial text)..........................................   343
 3. Crimes and Criminal Procedures (Title 18, United States Code)   348
 4. Aviation Security Improvement Act of 1990, as amended (Public 
    Law 101-604) (partial text)..................................   351
 5. International Security and Development Cooperation Act of 
    1985 (Public Law 99-83) (partial text).......................   358

G. OTHER LEGISLATION.............................................   361

 1. The Immigration and Nationality Act, as amended (Public Law 
    82-414)......................................................   363
 2. Middle East Activities.......................................   374
 3. National Emergencies Act, as amended (Public Law 94-412).....   393
 4. Chemical Weapons Convention Implementation Act of 1998 
    (Public Law 105-277) (partial text)..........................   398

H. EXECUTIVE ORDERS..............................................   399

 1. Blocking Property and Prohibiting Transactions with the 
    Taliban (Executive Order 13129, July 4, 1999)................   401
 2. Blocking Sudanese Government Property and Prohibiting 
    Transactions with Sudan (Executive Order 13067, November 3, 
    1997)........................................................   404
 3. Prohibiting Certain Transactions With Respect to Iran 
    (Executive Order 13059, August 19, 1997).....................   406
 4. Prohibiting Certain Transactions With Respect to Iran 
    (Executive Order 12959, May 6, 1995).........................   410
 5. Prohibiting Certain Transactions With Respect to the 
    Development of Iranian Petroleum Resources (Executive Order 
    12957, March 15, 1995).......................................   412
 6. Prohibiting Transactions with Terrorists Who Threaten to 
    Disrupt the Middle East Peace Process (Executive Order 12947, 
    January 24, 1995)............................................   413
 7. Proliferation of Weapons of Mass Destruction (Executive Order 
    12938, November 14, 1994)....................................   416
 8. Continuation of Export Control Regulations (Executive Order 
    12924, August 19, 1994)......................................   421
 9. Barring Overflight, Takeoff, and Landing of Aircraft, Flying 
    to or from Libya (Executive Order 12801, April 15, 1992).....   423
10. Victims of Terrorism Compensation (Executive Order 12598, 
    June 17, 1987)...............................................   425
11. Blocking Libyan Government Property in the United States or 
    Held by U.S. Persons (Executive Order 12544, January 8, 1986)   426
12. Prohibiting Trade and Certain Transactions Involving Libya 
    (Executive Order 12543, January 7, 1986).....................   427
13. Imports of Refined Petroleum Products from Libya (Executive 
    Order 12538, November 15, 1985)..............................   429
14. Revocation of Prohibitions Against Transactions Involving 
    Iran (Executive Order 12282, January 19, 1981)...............   430
15. Hostage Relief Act of 1980--Delegation of Authority 
    (Executive Order 12268, January 15, 1981)....................   431
16. Administration of the Export Administration Act of 1969, as 
    amended (Executive Order 12002, July 7, 1977)................   432

I. EXECUTIVE DEPARTMENT REGULATIONS..............................   435

 1. Department of State:.........................................   437
 2. Department of the Treasury...................................   468
 3. Federal Aviation Administration:.............................   489

J. OTHER EXECUTIVE BRANCH DOCUMENTS AND REPORTS..................   537

 1. Office of the President......................................   539
 2. Office of the Vice President.................................   663
 3. Department of State..........................................   755
 4. Department of Defense........................................   886
 5. Department of Commerce, Bureau of Export Administration......   977
 6. Department of Treasury.......................................  1016
 7. Department of Transportation.................................  1094

K. BILATERAL AGREEMENTS..........................................  1235

 1. Counter terrorism............................................  1237
 2. Aviation Security............................................  1242
 3. Extradition..................................................  1289
 4 Mutual Legal Assistance.......................................  1380

L. MULTILATERAL TREATIES.........................................  1423

 1. Treaties in Force to Which the United States is a Party......  1425
 2. Treaties Signed by the United States, But Not Yet in Force...  1512
 3. Treaties to Which the United States is Not a Party...........  1521

M. OTHER MULTILATERAL DOCUMENTS..................................  1535

 1. Economic Summits of the G-7/G-8 and Related Meetings.........  1537
 2. Other Conferences............................................  1565
 3. Hemispheric Documents........................................  1572
 4. International Civil Aviation Organization Documents..........  1593
 5. United Nations Documents.....................................  1627

APPENDIX.........................................................  1701

  Legislative Requirements for Reports to Congress Concerning 
    International Terrorism......................................  1701
=======================================================================




             A. FOREIGN ASSISTANCE AND RELATED LEGISLATION

                                CONTENTS

                                                                   Page

 1. The Foreign Assistance Act of 1961, as amended (Public Law 
    87-195) (partial text).......................................     3
      Part II:...................................................
            Chapter 8--Antiterrorism Assistance..................     3
                Section 571--General Authority...................     3
                Section 572--Purposes............................     3
                Section 573--Limitations.........................     4
                Section 574--Authorizations of Appropriations....     5
      Part III:..................................................     6
                Section 620A--Prohibition on Assistance to 
                  Governments Supporting International Terrorism.     6
                Section 620G--Prohibition on Assistance to 
                  Countries That Aid Terrorist States............     8
                Section 620H--Prohibition on Assistance to 
                  Countries that Provide Military Equipment to 
                  Terrorist States...............................     9
      Part IV--Enterprise for the Americas Initiative............     9
            Section 701--Purpose.................................     9
            Section 703--Eligibilty for Benefits.................    10
 2. Arms Export Control Act, as amended (Public Law 90-629) 
    (partial text)...............................................    11
      Chapter 1--Foreign and National Security Policy Objectives 
          and Restraints.........................................    11
            Section 6--Foreign Intimidation and Harassment of 
                Individuals in the United States.................    11
      Chapter 3--Military Export Controls........................    11
            Section 38--Control of Arms Exports and Imports......    11
            Section 40--Transactions With Countries Supporting 
                Acts of International Terrorism..................    12
            Section 40A--Transactions with Countries not Fully 
                Cooperating with United States Antiterrorism 
                Efforts..........................................    17
      Chapter 7--Control of Missiles and Missile Equipment or 
          Technology.............................................    18
            Section 72--Denial of the Transfer of Missile 
                Equipment or Technology by United States Persons.    18
            Section 73--Transfers of Missile Equipment or 
                Technology by Foreign Persons....................    18
 3. Iran and Libya Sanctions Act of 1996 (Public Law 104-172)....    19
 4. Iran-Iraq Arms Nonproliferation Act of 1992, as amended 
    (Title XVI of Public Law 102-484)............................    30
 5. International Security and Development Cooperation Act of 
    1985, as amended (Public Law 99-83) (partial text)...........    35
      Title V--International Terrorism and Foreign Airport 
          Security...............................................    35
            Part A--International Terrorism Generally............    35
            Part B--Foreign Airport Security.....................    37
      Title XIII--Miscellaneous Provisions.......................    39
            Section 1302--Codification of Policy Prohibiting 
                Negotations with the Palestine Liberation 
                Organization.....................................    39
 6. International Security and Development Cooperation Act of 
    1981, as amended (Public Law 97-113) (partial text)..........    40
      Title VII--Miscellaneous Provisions........................    40
            Section 718--Condemnation of Libya for Its Support of 
                International Terrorist Movements................    40
            Section 719--United States Citizens Acting in the 
                Service of International Terrorism...............    40
 7. Iraq Sanctions Act of 1990 (Public Law 101-513) (partial 
    text)........................................................    42
      Title V--General Provisions................................    42
            Section 586--Short Title.............................    42
            Section 586F--Declarations Regarding Iraq's Long-
                standing Violations of International Law.........    42
            Section 586G--Sanctions Against Iraq.................    44
            Section 586H--Waiver Authority.......................    45
 8. International Narcotics Control Act of 1990 (Public Law 101-
    623) (partial text)..........................................    46
      Section 2(b)(2)--Economic Assistance and Administration of 
          Justice Programs for Andean Countries..................    46
 9. Foreign Operations, Export Financing, and Related Programs 
    Appropriations Act, 1999 (Public Law 105-277) (partial text).    47
      Title II--Bilateral Economic Assistance....................    47
            Department of State--Nonproliferation, Anti-
                Terrorism, Demining and Related Programs.........    47
      Title V--General Provisions................................    48
            Section-528--Prohibition on Bilateral Assistance to 
                Terrorist Countries..............................    48
            Section 540--Special Authorities.....................    49
            Section 543--Eligibility for Assistance..............    49
            Section 551--Prohibition on Assistance to Foreign 
                Countries that Export Lethal Military Equipment..    50
            Section 559--Special Debt Relief for the Poorest.....    51
            Section 586--Sense of Congress Regarding Iran........    52
            Section 591--National Commission on Terrorism........    52
            Section 596--Sense of Congress Regarding the Trial in 
                the Netherlands of the Suspects Indicted in the 
                Bombing of Pan Am Flight 103.....................    55
10. Department of Justice Appropriations Act, 1999 (Public Law 
    105-277) (partial text)......................................    58
      Title I--Department of Justice.............................    58
11. Emergency Supplemental Appropriations Act for Fiscal year 
    1999 (Public Law 105-277) (partial text).....................    61
      Title II--Antiterrorism....................................    61
12. Foreign Operations, Export Financing, and Related Programs 
    Appropriations Act, 1997 (Public Law 104-208) (partial text).    68
      Title V--General Provisions................................    68
            Section 589--Civil Liability for Acts of State 
                Sponsored Terrorism..............................    68

=======================================================================

           1. The Foreign Assistance Act of 1961, as Amended

  Partial text of Public Law 87-195 [S. 1983], 75 Stat. 424, approved 
                     September 4, 1961, as amended

AN ACT To promote the foreign policy, security, and general welfare of 
 the United States by assisting peoples of the world in their efforts 
toward economic development and internal and external security, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as ``The Foreign Assistance Act of 1961.''

           *       *       *       *       *       *       *


PART II

           *       *       *       *       *       *       *


                Chapter 8--Antiterrorism Assistance \1\

    Sec. 571.\2\ General Authority.--Notwithstanding any other 
provision of law that restricts assistance to foreign countries 
(other than sections 502B and 620A of this Act), the President 
is authorized to furnish, on such terms and conditions as the 
President may determine, assistance to foreign countries in 
order to enhance the ability of their law enforcement personnel 
to deter terrorists and terrorist groups from engaging in 
international terrorist acts such as bombing, kidnaping, 
assassination, hostage taking, and hijacking. Such assistance 
may include training services and the provision of equipment 
and other commodities related to bomb detection and disposal, 
management of hostage situations, physical security, and other 
matters relating to the detection, deterrence, and prevention 
of acts of terrorism, the resolution of terrorist incidents, 
and the apprehension of those involved in such acts.
---------------------------------------------------------------------------
    \1\ Ch. 8 was added by the International Security and Development 
Assistance Authorizations Act of 1983 (sec. 101(b)(2) of the Further 
Continuing Appropriations, 1984; Public Law 98-151; 97 Stat. 972). 
Pursuant to Public Law 98-151, ch. 8 was enacted as contained in title 
II of H.R. 2992, as reported by the House Committee on Foreign Affairs 
on May 17, 1983, except for sec. 575 (redesignated in 1996 as sec. 
574), which was included in Public Law 98-151.
    Sec. 122 of Public Law 104-164 (110 Stat. 1428) provided the 
following:
    ``sec. 122. research and development expenses.
    ``Funds made available for fiscal years 1996 and 1997 to carry out 
chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 
2349aa et seq.; relating to antiterrorism assistance) may be made 
available to the Technical Support Working Group of the Department of 
State for research and development expenses related to contraband 
detection technologies or for field demonstrations of such technologies 
(whether such field demonstrations take place in the United States or 
outside the United States).''.
    \2\ 22 U.S.C. 2349aa. Delegation of Authority No. 145 (February 4, 
1984) delegated the functions conferred upon the President by chapter 8 
to the Director of the Office for Combating Terrorism.
---------------------------------------------------------------------------
    Sec. 572.\3\ Purposes.--Activities conducted under this 
chapter shall be designed--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2349aa-1.
---------------------------------------------------------------------------
          (1) to enhance the antiterrorism skills of friendly 
        countries by providing training and equipment to deter 
        and counter terrorism;
          (2) to strengthen the bilateral ties of the United 
        States with friendly governments by offering concrete 
        assistance in this area of great mutual concern; and
          (3) to increase respect for human rights by sharing 
        with foreign civil authorities modern, humane, and 
        effective antiterrorism techniques.
    Sec. 573.\4\ Limitations.--(a) Whenever the President 
determines it to be consistent with and in furtherance of the 
purposes of this chapter, and on such terms and conditions 
consistent with this Act as he may determine, any agency of the 
United States Government is authorized to furnish services and 
commodities, without charge to funds available to carry out 
this chapter, to an eligible foreign country, subject to 
payment in advance of the value thereof (within the meaning of 
section 644(m)) in United States dollars by the foreign 
country. Credits and the proceeds of guaranteed loans made 
available to such countries pursuant to the Arms Export Control 
Act shall not be used for such payments. Collections under this 
chapter shall be credited to the currently applicable 
appropriation, account, or fund of the agency providing such 
services and commodities and shall be available for the 
purposes for which such appropriation, account, or fund is 
authorized to be used.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2349aa-2. Sec. 121(b)(1) of Public Law 104-164 (110 
Stat. 1428) struck out ``Specific Authorities and'' from the section 
heading. Sec. 121(b)(2) of that Public Law struck out subsec. (a) of 
this section and redesignated subsecs. (b) through (f) as subsecs. (a) 
through (e), respectively. Subsec. (f), however, had been struck out 
previously by Public Law 104-132 (see note below). Subsec. (a) had read 
as follows:
    ``(a) Notwithstanding section 660 of this Act, services and 
commodities may be granted for the purposes of this chapter to eligible 
foreign countries, subject to reimbursement of the value thereof 
(within the meaning of section 644(m)) pursuant to section 632 of this 
Act from funds available to carry out this chapter.''.
---------------------------------------------------------------------------
    (b) The Assistant Secretary of State for Democracy, Human 
Rights, and Labor \5\ shall be consulted in the \6\ 
determinations of the foreign countries that will be furnished 
assistance under this chapter and determinations of the nature 
of assistance to be furnished to each such country.
---------------------------------------------------------------------------
    \5\ Sec. 163(e)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), amended 
the title designation by striking out ``Human Rights and Humanitarian 
Affairs'', and inserting in lieu thereof ``Democracy, Human Rights, and 
Labor''.
    \6\ Sec. 328(a)(1) of the Antiterrorism and Effective Death Penalty 
Act of 1996 (Public Law 104-132; 110 Stat. 1257) struck out 
``development and implementation of the antiterrorism assistance 
program under this chapter, including'' at this point.
---------------------------------------------------------------------------
    (c) \7\ (1) Arms and ammunition may be provided under this 
chapter only if they are directly related to antiterrorism 
assistance.
---------------------------------------------------------------------------
    \7\ Subsec. (c), redesignated from subsec. (d) by sec. 121(b)(3) of 
Public Law 104-164 (110 Stat. 1428), was amended and restated by sec. 
328(a)(2) of the Antiterrorism and Effective Death Penalty Act of 1996 
(Public Law 104-132; 110 Stat. 1257). Portions were amended and 
restated earlier by sec. 213(b) of Public Law 101-604 (104 Stat. 3086), 
sec. 507 of Public Law 99-399 (100 Stat. 873).
    In view of amendments to this subsection by Public Law 104-132, 
amendments contained in sec. 121(b)(4) of Public Law 104-164 (110 Stat. 
1428) cannot be executed. Sec. 121(b)(4) of that Public Law required:
    ``(b) limitations.--Section 573 of such Act (22 U.S.C. 2349aa-2) is 
amended-- * * *
---------------------------------------------------------------------------

          ``(4) in subsection (c) (as redesignated)--

                  ``(A) by striking paragraphs (1) and (2);
                  ``(B) by redesignating paragraphs (3) through (5) as 
                paragraphs (1) through (3), respectively; and
                  ``(C) by amending paragraph (2) (as redesignated) to 
                read as follows:
---------------------------------------------------------------------------
    ``(2)(A) Except as provided in subparagraph (B), funds made 
available to carry out this chapter shall not be made available for the 
procurement of weapons and ammunition.
    ``(B) Subparagraph (A) shall not apply to small arms and ammunition 
in categories I and III of the United States Munitions List that are 
integrally and directly related to antiterrorism training provided 
under this chapter if, at least 15 days before obligating those funds, 
the President notifies the appropriate congressional committees 
specified in section 634A of this Act in accordance with the procedures 
applicable to reprogramming notifications under such section.
    ``(C) The value (in terms of original acquisition cost) of all 
equipment and commodities provided under this chapter in any fiscal 
year may not exceed 25 percent of the funds made available to carry out 
this chapter for that fiscal year.''.
---------------------------------------------------------------------------
    (2) The value (in terms of original acquisition cost) of 
all equipment and commodities provided under this chapter in 
any fiscal year shall not exceed 30 percent of the funds made 
available to carry out this chapter for that fiscal year.
    (d) This chapter does not apply to information exchange 
activities conducted by agencies of the United States 
Government under other authority for such purposes.
    (f) \8\ [Repealed--1996]
---------------------------------------------------------------------------
    \8\ Subsec. (f) was added by sec. 501(c) of Public Law 99-83 (99 
Stat. 221), and struck out by sec. 328(a)(3) of the Antiterrorism and 
Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 
1257). It had read as follows:
    ``(f) Funds made available to carry out this chapter may not be 
used for personnel compensation or benefits.''.
---------------------------------------------------------------------------
    Sec. 574.\9\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \9\ Formerly at 22 U.S.C. 2349aa-3. Sec. 121(c) of Public Law 104-
164 (110 Stat. 1428) repealed sec. 574, which had required reports to 
Congress on antiterrorism assistance.
---------------------------------------------------------------------------
    Sec. 574.\10\ Authorizations of Appropriations.--(a) There 
are authorized to be appropriated to the President to carry out 
this chapter $9,840,000 for the fiscal year 1986 and 
$14,680,000 for the fiscal year 1987.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 2349aa-4. Redesignated from sec. 575 to sec. 574 by 
sec. 121(d) of Public Law 104-164 (110 Stat. 1428). The authorization 
for fiscal year 1986 was enacted by sec. 501(a) of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 219). The authorization for fiscal year 1987 of $14,680,000 was 
inserted in lieu of the amount of $9,840,000 (originally enacted by 
Public Law 99-83) by sec. 401 of Public Law 99-399 (100 Stat. 862). 
Previous authorizations include: fiscal year 1984--$5,000,000; fiscal 
year 1985--no authorization; fiscal years 1988 through 1999--no 
authorization.
    Congress did not enact an authorization for fiscal year 1999. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1999 (division A, sec. 101(d) of Public Law 105-
277; 112 Stat. 2681), waived the requirements for authorization, and 
title II of that Act provided the following:
---------------------------------------------------------------------------

   ``nonproliferation, anti-terrorism, demining and related programs
---------------------------------------------------------------------------
    ``For necessary expenses for nonproliferation, anti-terrorism and 
related programs and activities, $198,000,000, to carry out the 
provisions of chapter 8 of part II of the Foreign Assistance Act of 
1961 for anti-terrorism assistance, section 504 of the FREEDOM Support 
Act for the Nonproliferation and Disarmament Fund, section 23 of the 
Arms Export Control Act or the Foreign Assistance Act of 1961 for 
demining activities, the clearance of unexploded ordnance, and related 
activities, notwithstanding any other provision of law, including 
activities implemented through nongovernmental and international 
organizations, section 301 of the Foreign Assistance Act of 1961 for a 
voluntary contribution to the International Atomic Energy Agency (IAEA) 
and a voluntary contribution to the Korean Peninsula Energy Development 
Organization (KEDO), and for a United States contribution to the 
Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, 
That the Secretary of State shall inform the Committees on 
Appropriations at least twenty days prior to the obligation of funds 
for the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: 
Provided further, That of this amount not to exceed $15,000,000, to 
remain available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided further, That 
such funds may also be used for such countries other than the New 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so: Provided further, That such funds shall be 
subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That of the funds appropriated under 
this heading not less than $35,000,000 should be made available for 
demining, clearance of unexploded ordnance, and related activities: 
Provided further, That of the funds made available for demining and 
related activities, not to exceed $500,000, in addition to funds 
otherwise available for such purposes, may be used for expenses related 
to the operation and management of the demining program: Provided 
further, That funds appropriated under this heading may be made 
available for the International Atomic Energy Agency only if the 
Secretary of State determines (and so reports to the Congress) that 
Israel is not being denied its right to participate in the activities 
of that Agency.''.
    See also in that Act: sec. 506--Prohibition on Financing Nuclear 
Goods; sec. 515--Notification Requirements; and sec. 576--Assistance 
for the Middle East.
    Sec. 328(b) of the Antiterrorism and Effective Death Penalty Act of 
1996 (Public Law 104-132; 110 Stat. 1257) provided the following:
    ``(b) Assistance to Foreign Countries To Procure Explosives 
Detection Devices and Other Counterterrorism Technology.--(1) Subject 
to section 575(b), up to $3,000,000 in any fiscal year may be made 
available--
---------------------------------------------------------------------------

          ``(A) to procure explosives detection devices and other 
        counterterrorism technology; and
          ``(B) for joint counterterrorism research and development 
        projects on such technology conducted with NATO and major non-
        NATO allies under the auspices of the Technical Support Working 
        Group of the Department of State.
---------------------------------------------------------------------------
    ``(2) As used in this subsection, the term `major non-NATO allies' 
means those countries designated as major non-NATO allies for purposes 
of section 2350a(i)(3) of title 10, United States Code.
    ``(c) Assistance to Foreign Countries.--Notwithstanding any other 
provision of law (except section 620A of the Foreign Assistance Act of 
1961) up to $1,000,000 in assistance may be provided to a foreign 
country for counterterrorism efforts in any fiscal year if--
---------------------------------------------------------------------------

          ``(1) such assistance is provided for the purpose of 
        protecting the property of the United States Government or the 
        life and property of any United States citizen, or furthering 
        the apprehension of any individual involved in any act of 
        terrorism against such property or persons; and
          ``(2) the appropriate committees of Congress are notified not 
        later than 15 days prior to the provision of such 
        assistance.''.
    (b) Amounts appropriated under this section are authorized 
to remain available until expended.

           *       *       *       *       *       *       *


                                PART III


Chapter 1--General Provisions

           *       *       *       *       *       *       *


    Sec. 620A.\11\<SUP>,</SUP> \12\ Prohibition on Assistance 
to Governments Supporting International Terrorism.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 2371.
    \12\ Section 620A was added by sec. 303 of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 753). It was amended and restated by sec. 503(a) of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 220). It was further amended and restated by sec. 5 
of the Anti-Terrorism and Arms Export Amendments Act of 1989 (Public 
Law 101-222; 103 Stat. 1897).
    Section 10 of the Anti-Terrorism and Arms Export Amendments Act of 
1989 (Public Law 101-222; 103 Stat. 1900) provided the following in 
relation to the amendment of sec. 620A:
    ``Sec. 10. self-defense in accordance with international law.
    ``The use by any government of armed force in the exercise of 
individual or collective self-defense in accordance with applicable 
international agreements and customary international law shall not be 
considered an act of international terrorism for purposes of the 
amendments made by this Act.''.
    The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1999 (division A, sec. 101(d) of Public Law 105-
277; 112 Stat. 2681), provided the following:
---------------------------------------------------------------------------

      ``prohibition on bilateral assistance to terrorist countries
---------------------------------------------------------------------------
    ``Sec. 528. (a) Notwithstanding any other provision of law, funds 
appropriated for bilateral assistance under any heading of this Act and 
funds appropriated under any such heading in a provision of law enacted 
prior to enactment of this Act, shall not be made available to any 
country which the President determines--
---------------------------------------------------------------------------

          ``(1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism, or
          ``(2) otherwise supports international terrorism.
---------------------------------------------------------------------------
    ``(b) The President may waive the application of subsection (a) to 
a country if the President determines that national security or 
humanitarian reasons justify such waiver. The President shall publish 
each waiver in the Federal Register and, at least fifteen days before 
the waiver takes effect, shall notify the Committees on Appropriations 
of the waiver (including the justification for the waiver) in 
accordance with the regular notification procedures of the Committees 
on Appropriations.
---------------------------------------------------------------------------
          * * * * * * *

 ``prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism
---------------------------------------------------------------------------
    ``Sec. 551. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 40(d) of the Arms Export Control Act or any other 
comparable provision of law. The prohibition under this section with 
respect to a foreign government shall terminate 12 months after that 
government ceases to provide such military equipment. This section 
applies with respect to lethal military equipment provided under a 
contract entered into after October 1, 1997.
    ``(b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of 
the United States.
    ``(c) Whenever the waiver of subsection (b) is exercised, the 
President shall submit to the appropriate congressional committees a 
report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance estimated 
to be provided, including the estimated dollar amount of such 
assistance, and an explanation of how the assistance furthers United 
States national interests.''.
    See also in that Act: sec. 540--Special Authorities; sec. 543--
Eligibility for Assistance; and sec. 559--Special Debt Relief for the 
Poorest; and sec. 591--National Commission on Terrorism.
    See also sec. 586 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2047), cited as the ``Iraq Sanctions Act of 1990'',in sec. A.7 of 
this publication.
---------------------------------------------------------------------------
    (a) \13\ Prohibition.--The United States shall not provide 
any assistance under this Act, the Agricultural Trade 
Development and Assistance Act of 1954, the Peace Corps Act, or 
the Export-Import Bank Act of 1945 to any country if the 
Secretary of State determines that the government of that 
country has repeatedly provided support for acts of 
international terrorism.
---------------------------------------------------------------------------
    \13\ See also 18 U.S.C. 2332d, as added by sec. 321 of Public Law 
104-132 (110 Stat. 1254), which provides that U.S. persons engaging in 
financial transactions with the government of a country designated as 
supporting international terrorism under sec. 6(j) of the Export 
Administration Act (50 U.S.C. App. 2405) shall be fined under title 18, 
imprisoned for not more than 10 years, or both.
---------------------------------------------------------------------------
    (b) Publication of Determinations.--Each determination of 
the Secretary of State under subsection (a), including each 
determination in effect on the date of the enactment of the 
Antiterrorism and Arms Export Amendments Act of 1989, shall be 
published in the Federal Register.
    (c) Rescission.--A determination made by the Secretary of 
State under subsection (a) may not be rescinded unless the 
President submits to the Speaker of the House of 
Representatives and the Chairman of the Committee on Foreign 
Relations of the Senate--
          (1) before the proposed rescission would take effect, 
        a report certifying that--
                  (A) there has been a fundamental change in 
                the leadership and policies of the government 
                of the country concerned;
                  (B) that government is not supporting acts of 
                international terrorism;
                  (C) that government has provided assurances 
                that it will not support acts of international 
                terrorism in the future; or
          (2) at least 45 days before the proposed rescission 
        would take effect, a report justifying the rescission 
        and certifying that--
                  (A) the government concerned has not provided 
                any support for international terrorism during 
                the preceding 6-month period; and
                  (B) the government concerned has provided 
                assurances that it will not support acts of 
                international terrorism in the future.
    (d) Waiver.--Assistance prohibited by subsection (a) may be 
provided to a country described in that subsection if--
          (1) the President determines that national security 
        interests or humanitarian reasons justify a waiver of 
        subsection (a), except that humanitarian reasons may 
        not be used to justify assistance under part II of this 
        Act (including chapter 4, chapter 6, and chapter 8), or 
        the Export-Import Bank Act of 1945; and
          (2) at least 15 days before the waiver takes effect, 
        the President consults with the Committee on Foreign 
        Affairs \14\ of the House of Representatives and the 
        Committee on Foreign Relations of the Senate regarding 
        the proposed waiver and submits a report to the Speaker 
        of the House of Representatives and the chairman of the 
        Committee on Foreign Relations of the Senate 
        containing--
---------------------------------------------------------------------------
    \14\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that referenses to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
                  (A) the name of the recipient country;
                  (B) a description of the national security 
                interests or humanitarian reasons which require 
                the waiver;
                  (C) the type and amount of and the 
                justification for the assistance to be provided 
                pursuant to the waiver; and
                  (D) the period of time during which such 
                waiver will be effective.
The waiver authority granted in this subsection may not be used 
to provide any assistance under the Foreign Assistance Act of 
1961 which is also prohibited by section 40 of the Arms Export 
Control Act.

           *       *       *       *       *       *       *


SEC. 620G.\15\<SUP>,</SUP> \16\ PROHIBITION ON ASSISTANCE TO COUNTRIES 
                    THAT AID TERRORIST STATES.

    (a) Withholding of Assistance.--The President shall 
withhold assistance under this Act to the government of any 
country that provides assistance to the government of any other 
country for which the Secretary of State has made a 
determination under section 620A.
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 2377. Sec. 325 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1256) added 
this sec. 620G.
    Sec. 149 of Public Law 104-164 (110 Stat. 1436) also added a new 
sec. 620G, relating to depleted uranium ammunition.
    \16\ Sec. 329 of that Act (110 Stat. 1258) defined assistance as 
follows:
    ``(1) the term `assistance' means assistance to or for the benefit 
of a government of any country that is provided by grant, concessional 
sale, guaranty, insurance, or by any other means on terms more 
favorable than generally available in the applicable market, whether in 
the form of a loan, lease, credit, debt relief, or otherwise, including 
subsidies for exports to such country and favorable tariff treatment of 
articles that are the growth, product, or manufacture of such country; 
and
    ``(2) the term `assistance' does not include assistance of the type 
authorized under chapter 9 of part 1 of the Foreign Assistance Act of 
1961 (relating to international disaster assistance).''.
---------------------------------------------------------------------------
    (b) Waiver.--Assistance prohibited by this section may be 
furnished to a foreign government described in subsection (a) 
if the President determines that furnishing such assistance is 
important to the national interests of the United States and, 
not later than 15 days before obligating such assistance, 
furnishes a report to the appropriate committees of Congress 
including--
          (1) a statement of the determination;
          (2) a detailed explanation of the assistance to be 
        provided;
          (3) the estimated dollar amount of the assistance; 
        and
          (4) an explanation of how the assistance furthers 
        United States national interests.

           *       *       *       *       *       *       *


SEC. 620H.\16\<SUP>,</SUP> \17\ PROHIBITION ON ASSISTANCE TO COUNTRIES 
                    THAT PROVIDE MILITARY EQUIPMENT TO TERRORIST 
                    STATES.

    (a) Prohibition.--
          (1) In general.--The President shall withhold 
        assistance under this Act to the government of any 
        country that provides lethal military equipment to a 
        country the government of which the Secretary of State 
        has determined is a terrorist government for the 
        purposes of section 6(j) of the Export Administration 
        Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2371).
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 2378. Sec. 326 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1256) added 
sec. 620H.
---------------------------------------------------------------------------
          (2) Applicability.--The prohibition under this 
        section with respect to a foreign government shall 
        terminate 1 year after that government ceases to 
        provide lethal military equipment. This section applies 
        with respect to lethal military equipment provided 
        under a contract entered into after the date of 
        enactment of this Act.\18\
---------------------------------------------------------------------------
    \18\ ``[D]ate of enactment of this Act'' probably refers to 
enactment of the amendment, April 24, 1996.
---------------------------------------------------------------------------
    (b) Waiver.--Notwithstanding any other provision of law, 
assistance may be furnished to a foreign government described 
in subsection (a) if the President determines that furnishing 
such assistance is important to the national interests of the 
United States and, not later than 15 days before obligating 
such assistance, furnishes a report to the appropriate 
committees of Congress including--
          (1) a statement of the determination;
          (2) a detailed explanation of the assistance to be 
        provided;
          (3) the estimated dollar amount of the assistance; 
        and
          (4) an explanation of how the assistance furthers 
        United States national interests.

           *       *       *       *       *       *       *


          PART IV--ENTERPRISE FOR THE AMERICAS INITIATIVE \19\


SEC. 701.\20\ PURPOSE.

    The purpose of this part is to encourage and support 
improvement in the lives of the people of Latin America and the 
Caribbean through market-oriented reforms and economic growth 
with interrelated actions to promote debt reduction, investment 
reforms, community based conservation, and sustainable use of 
the environment, and child survival and child development. The 
Facility will support these objectives through administration 
of debt reduction operations under this part for those 
countries with democratically elected governments that meet 
investment reforms and other policy conditions.
---------------------------------------------------------------------------
    \19\ Sec. 602(a) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3664) added Part IV--Enterprise for the Americas 
Initiative, secs. 701-710. Formerly, Part IV, which related to 
amendments to other laws, was repealed by sec. 401 of the FA Act of 
1962.
    \20\ 22 U.S.C. 2430.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 703.\21\ ELIGIBILITY FOR BENEFITS.

  (a) Requirements.--To be eligible for benefits from the 
Facility under this part, a country must be a Latin American or 
Caribbean country--
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 2430b.
---------------------------------------------------------------------------
          (1) whose government is democratically elected;
          (2) whose government has not repeatedly provided 
        support for acts of international terrorism;
          (3) whose government is not failing to cooperate on 
        international narcotics control matters;
          (4) whose government (including its military or other 
        security forces) does not engage in a consistent 
        pattern of gross violations of internationally 
        recognized human rights;
          (5) that has in effect, has received approval for, 
        or, as appropriate in exceptional circumstances, is 
        making significant progress toward--
                  (A) an International Monetary Fund standby 
                arrangement, extended Fund arrangement, or an 
                arrangement under the structural adjustment 
                facility or enhanced structural adjustment 
                facility, or in exceptional circumstances, a 
                Fund monitored program or its equivalent, 
                unless the President determines (after 
                consultation with the Enterprise for the 
                Americas Board) that such an arrangement or 
                program (or its equivalent) could reasonably be 
                expected to have significant adverse social or 
                environmental effects; and
                  (B) as appropriate, structural or sectoral 
                adjustment loans from the International Bank 
                for Reconstruction and Development or the 
                International Development Association, unless 
                the President determines (after consultation 
                with the Enterprise for the Americas Board) 
                that the resulting adjustment requirements 
                could reasonably be expected to have 
                significant adverse social or environmental 
                effects;
          (6) has put in place major investment reforms in 
        conjunction with an Inter-American Development Bank 
        loan or otherwise is implementing, or is making 
        significant progress toward, an open investment regime; 
        and
          (7) if appropriate, has agreed with its commercial 
        bank lenders on a satisfactory financing program, 
        including, as appropriate, debt or debt service 
        reduction.
  (b) Eligibility Determinations.--Consistent with subsection 
(a), the President shall determine whether a country is 
eligible to receive benefits under this part. The President 
shall notify the appropriate congressional committees of his 
intention to designate a country as an eligible country at 
least 15 days in advance of any formal determination.

           *       *       *       *       *       *       *


                     2. The Arms Export Control Act

  Public Law 90-629 [H.R. 15681], 82 Stat. 1320, approved October 22, 
                            1968, as amended

    AN ACT To consolidate and revise foreign assistance legislation 
               relating to reimbursable military exports.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Arms Export Control Act''.\1\
---------------------------------------------------------------------------
    \1\ The new title, ``Arms Export Control Act,'' was added in lieu 
of ``The Foreign Military Sales Act'' by sec. 201 of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 734). Sec. 201 further stated that ``any reference to the 
Foreign Military Sales Act shall be deemed to be a reference to the 
Arms Export Control Act.''.
---------------------------------------------------------------------------

    Chapter 1--FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND 
RESTRAINTS

           *       *       *       *       *       *       *


    Sec. 6.\2\ Foreign Intimidation and Harassment of 
Individuals in the United States.--No letters of offer may be 
issued, no credits or guarantees may be extended, and no export 
licenses may be issued under this Act with respect to any 
country determined by the President to be engaged in a 
consistent pattern of acts of intimidation or harassment 
directed against individuals in the United States. The 
President shall report any such determination promptly to the 
Speaker of the House of Representatives and to the chairman of 
the Committee on Foreign Relations of the Senate.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2756. Sec. 6. was added by sec. 115 of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1528).

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

Chapter 3--MILITARY EXPORT CONTROLS

           *       *       *       *       *       *       *


    Sec. 38.\3\ Control of Arms Exports and Imports.--(a)(1) * 
* *
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2778.
---------------------------------------------------------------------------
    (2) \4\ Decisions on issuing export licenses under this 
section shall be made in coordination with the Director of the 
United States Arms Control and Disarmament Agency, taking into 
account the Director's assessment as to whether the export of 
an article would contribute to an arms race, aid in the 
development of weapons of mass destruction, support 
international terrorism, increase the possibility of outbreak 
or escalation of conflict, or prejudice the development of 
bilateral or multilateral arms control or nonproliferation 
agreements or other arrangements. The Director of the Arms 
Control and Disarmament Agency is authorized, whenever the 
Director determines that the issuance of an export license 
under this section would be detrimental to the national 
security of the United States, to recommend to the President 
that such export license be disapproved.
---------------------------------------------------------------------------
    \4\ Sec. 714(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497), amended 
and restated para. (2). The paragraph formerly read as follows:
    ``(2) Decisions on issuing export licenses under this section shall 
be made in coordination with the director of the United States Arms 
Control and Disarmament Agency and shall take into account the 
Director's opinion as to whether the export of an article will 
contribute to an arms race, support international terrorism, increase 
the possibility of outbreak or escalation of conflict, or prejudice the 
development of bilateral or multilateral arms control arrangements.''.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
    Sec. 40.\5\ Transactions With Countries Supporting Acts of 
International Terrorism.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2780. See also 22 CFR Part 120-130. Sec. 40 was added 
by sec. 509(a) of Public Law 99-399 (100 Stat. 874). Sec. 40 was 
amended and restated by the Anti-Terrorism and Arms Export Amendments 
Act of 1989 (Public Law 101-222; 103 Stat. 1892). It previously read as 
follows:
    ``Sec. 40. Exports to Countries Supporting Acts of International 
Terrorism.
    ``(a) Prohibition.--Except as provided in subsection (b), items on 
the United States Munitions List may not be exported to any country 
which the Secretary of State has determined, for purposes of section 
6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 
2405(j)(1)(A)), has repeatedly provided support for acts of 
international terrorism.
    ``(b) Waiver.--The President may waive the prohibition contained in 
subsection (a) in the case of a particular export if the President 
determines that the export is important to the national interests of 
the United States and submits to the Congress a report justifying that 
determination and describing the proposed export. Any such waiver shall 
expire at the end of 90 days after it is granted unless the Congress 
enacts a law extending the waiver.''.
---------------------------------------------------------------------------
    (a) Prohibited Transactions by the United States 
Government.--The following transactions by the United States 
Government are prohibited:
          (1) Exporting or otherwise providing (by sale, lease 
        or loan, grant, or other means), directly or 
        indirectly, any munitions item to a country described 
        in subsection (d) under the authority of this Act, the 
        Foreign Assistance Act of 1961, or any other law 
        (except as provided in subsection (h)). In implementing 
        this paragraph, the United States Government--
                  (A) shall suspend delivery to such country of 
                any such item pursuant to any such transaction 
                which has not been completed at the time the 
                Secretary of State makes the determination 
                described in subsection (d), and
                  (B) shall terminate any lease or loan to such 
                country of any such item which is in effect at 
                the time the Secretary of State makes that 
                determination.
          (2) Providing credits, guarantees, or other financial 
        assistance under the authority of this Act, the Foreign 
        Assistance Act of 1961, or any other law (except as 
        provided in subsection (h)), with respect to the 
        acquisition of any munitions item by a country 
        described in subsection (d). In implementing this 
        paragraph, the United States Government shall suspend 
        expenditures pursuant to any such assistance obligated 
        before the Secretary of States makes the determination 
        described in subsection (d). The President may 
        authorize expenditures otherwise required to be 
        suspended pursuant to the preceding sentence if the 
        President has determined, and reported to the Congress, 
        that suspension of those expenditures causes undue 
        financial hardship to a supplier, shipper, or similar 
        person and allowing the expenditure will not result in 
        any munitions item being made available for use by such 
        country.
          (3) Consenting under section 3(a) of this Act, under 
        section 505(a) of the Foreign Assistance Act of 1961, 
        under the regulations issued to carry out section 38 of 
        this Act, or under any other law (except as provided in 
        subsection (h)), to any transfer of any munitions item 
        to a country described in subsection (d). In 
        implementing this paragraph, the United States 
        Government shall withdraw any such consent, which is in 
        effect at the time the Secretary of State makes the 
        determination described in subsection (d), except that 
        this sentence does not apply with respect to any item 
        that has already been transferred to such country.
          (4) Providing any license or other approval under 
        section 38 of this Act for any export or other transfer 
        (including by means of a technical assistance 
        agreement, manufacturing licensing agreement, or 
        coproduction agreement) of any munitions item to a 
        country described in subsection (d). In implementing 
        this paragraph, the United States Government shall 
        suspend any such license or other approval which is in 
        effect at the time the Secretary of State makes the 
        determination described in subsection (d), except that 
        this sentence does not apply with respect to any item 
        that has already been exported or otherwise transferred 
        to such country.
          (5) Otherwise facilitating the acquisition of any 
        munitions item by a country described in subsection 
        (d). This paragraph applies with respect to activities 
        undertaken--
                  (A) by any department, agency, or other 
                instrumentality of the Government,
                  (B) by any officer or employee of the 
                Government (including members of the United 
                States Armed Forces), or
                  (C) by any other person at the request or on 
                behalf of the Government.
The Secretary of State may waive the requirements of the second 
sentence of paragraph (1), the second sentence of paragraph 
(3), and the second sentence of paragraph (4) to the extent 
that the Secretary determines, after consultation with the 
Congress, that unusual and compelling circumstances require 
that the United States Government not take the actions 
specified in that sentence.
    (b) Prohibited Transactions by United States Persons.--
          (1) In general.--A United States person may not take 
        any of the following actions:
                  (A) Exporting any munitions item to any 
                country described in subsection (d).
                  (B) Selling, leasing, loaning, granting, or 
                otherwise providing any munitions item to any 
                country described in subsection (d).
                  (C) Selling, leasing, loaning, granting, or 
                otherwise providing any munitions item to any 
                recipient which is not the government of or a 
                person in a country described in subsection (d) 
                if the United States person has reason to know 
                that the munitions item with be made available 
                to any country described in subsection (d).
                  (D) Taking any other action which would 
                facilitate the acquisition, directly or 
                indirectly, of any munitions item by the 
                government of any country described in 
                subsection (d), or any person acting on behalf 
                of that government, if the United States person 
                has reason to know that that action will 
                facilitate the acquisition of that item by such 
                a government or person.
          (2) Liability for actions of foreign subsidiaries, 
        etc.--A United State person violates this subsection if 
        a corporation or other person that is controlled in 
        fact by that United States person (as determined under 
        regulations, which the President shall issue), takes an 
        action described in paragraph (1) outside the United 
        States.
          (3) Applicability to actions outside the united 
        states.--Paragraph (1) applies with respect to actions 
        described in that paragraph which are taken either 
        within or outside the United States by a United States 
        person described in subsection (l)(3)(A) or (B). To the 
        extent provided in regulations issued under subsection 
        (l)(3)(D), paragraph (1) applies with respect to 
        actions described in that paragraph which are taken 
        outside the United State by a person designated as a 
        United States person in those regulations.
    (c) Transfers to Governments and Persons Covered.--This 
section applies with respect to--
          (1) the acquisition of munitions items by the 
        government of a country described in subsection (d); 
        and
          (2) the acquisition of munitions items by any 
        individual, group, or other person within a country 
        described in subsection (d), except to the extent that 
        subparagraph (D) of subsection (b)(1) provides 
        otherwise.
    (d) \6\ Countries Covered by Prohibition.--The prohibitions 
contained in this section apply 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 purposes of this subsection, such 
acts shall include all activities that the Secretary determines 
willfully aid or abet the international proliferation of 
nuclear explosive devices to individuals or groups or willfully 
aid or abet an individual or groups in acquiring unsafeguarded 
special nuclear material.
---------------------------------------------------------------------------
    \6\ Sec. 551 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1999 (division A, sec. 101(d) of 
Public Law 105-277; 112 Stat. 2681), provided the following:
---------------------------------------------------------------------------

 ``prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism
---------------------------------------------------------------------------
    ``Sec. 551. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 40(d) of the Arms Export Control Act or any other 
comparable provision of law. The prohibition under this section with 
respect to a foreign government shall terminate 12 months after that 
government ceases to provide such military equipment. This section 
applies with respect to lethal military equipment provided under a 
contract entered into after October 1, 1997.
    ``(b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of 
the United States.
    ``(c) Whenever the waiver of subsection (b) is exercised, the 
President shall submit to the appropriate congressional committees a 
report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance estimated 
to be provided, including the estimated dollar amount of such 
assistance, and an explanation of how the assistance furthers United 
States national interests.''.
---------------------------------------------------------------------------
    (e) Publication of Determinations.--Each determination of 
the Secretary of State under subsection (d) shall be published 
in the Federal Register.
    (f) Rescission.--(1) A determination made by the Secretary 
of State under subsection (d) may not be rescinded unless the 
President submits to the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign 
Relations of the Senate--
          (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 assurances 
                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 terrorism during 
                the preceding 6-month period; and
                  (ii) the government concerned has provided 
                assurances that it will not support acts of 
                international terrorism in the future.
  (2) (A) No rescission under paragraph (1)(B) of a 
determination under subsection (d) may be made if the Congress, 
within 45 days after receipt of a report under paragraph 
(1)(B), enacts a joint resolution the matter after the 
resolving clause of which is as follows: ``That the proposed 
rescission of the determination under section 40(d) of the Arms 
Export Control Act pursuant to the report submitted to the 
Congress on ________________ is hereby prohibited.'', the blank 
to be completed with the appropriate date.
  (B) A joint resolution described in subparagraph (A) and 
introduced within the appropriate 45-day period shall be 
considered in the Senate and the House of Representatives in 
accordance with paragraphs (3) through (7) of section 8066(c) 
of the Department of Defense Appropriations Act (as contained 
in Public Law 98-473), except that references in such 
paragraphs to the Committees on Appropriations of the House of 
Representatives and the Senate shall be deemed to be references 
to the Committee on Foreign Affairs \7\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate, respectively.
---------------------------------------------------------------------------
    \7\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (g) Waiver.--The President may waive the prohibitions 
contained in this section with respect to a specific 
transaction if--
          (1) the President determines that the transaction is 
        essential to the national security interests of the 
        United States; and
          (2) not less than 15 days prior to the proposed 
        transaction, the President--
                  (A) consults with the Committee on Foreign 
                Affairs \7\ of the House of Representatives and 
                the Committee on Foreign Relations of the 
                Senate; and
                  (B) submits to the Speaker of the House of 
                Representatives and the chairman of the 
                Committee on Foreign Relations of the Senate a 
                report containing--
                          (i) the name of any country involved 
                        in the proposed transaction, the 
                        identity of any recipient of the items 
                        to be provided pursuant to the proposed 
                        transaction, and the anticipated use of 
                        those items;
                          (ii) a description of the munitions 
                        items involved in the proposed 
                        transaction (including their market 
                        value) and the actual sale price at 
                        each step in the transaction (or if the 
                        items are transferred by other than 
                        sale, the manner in which they will be 
                        provided);
                          (iii) the reasons why the proposed 
                        transaction is essential to the 
                        national security interests of the 
                        United States and the justification for 
                        such proposed transaction;
                          (iv) the date on which the proposed 
                        transaction is expected to occur; and
                          (v) the name of every United States 
                        Government department, agency, or other 
                        entity involved in the proposed 
                        transaction, every foreign government 
                        involved in the proposed transaction, 
                        and every private party with 
                        significant participation in the 
                        proposed transaction.
To the extent possible, the information specified in 
subparagraph (B) of paragraph (2) shall be provided in 
unclassified form, with any classified information provided in 
an addendum to the report.
    (h) Exemption for Transactions Subject to National Security 
Act Reporting Requirements.--The prohibitions contained in this 
section do not apply with respect to any transaction subject to 
reporting requirements under title V of the National Security 
Act of 1947 (50 U.S.C. 413 et seq.; relating to congressional 
oversight of intelligence activities).
    (i) Relation to Other Laws.--
          (1) In general.--With regard to munitions items 
        controlled pursuant to this Act, the provisions of this 
        section shall apply notwithstanding any other 
        provisions of law, other than section 614(a) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)).
          (2) Section 614(a) waiver authority.--If the 
        authority of section 614(a) of the Foreign Assistance 
        Act of 1961 is used to permit a transaction under that 
        Act or the Arms Export Control Act which is otherwise 
        prohibited by this section, the written policy 
        justification required by that section shall include 
        the information specified in subsection (g)(2)(B) of 
        this section.
    (j) Criminal Penalty.--Any person who willfully violates 
this section shall be fined for each violation not more than 
$1,000,000, imprisoned not more than 10 years, or both.
    (k) Civil Penalties; Enforcement.--In the enforcement of 
this section, the President is authorized to exercise the same 
powers concerning violations and enforcement which are 
conferred upon departments, agencies, and officials by sections 
11(c), 11(e), 11(g), and 12(a) of the Export Administration Act 
of 1979 (subject to the same terms and conditions as are 
applicable to such powers under that Act), except that, 
notwithstanding section 11(c) of that Act, the civil penalty 
for each violation of this section may not exceed $500,000.
    (l) Definitions.--As used in this section--
          (1) the term ``munitions item'' means any item 
        enumerated on the United States Munitions list (without 
        regard to whether the item is imported into or exported 
        from the United States);
          (2) the term ``United States'', when used 
        geographically, means the several States, the District 
        of Columbia, the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands, and any 
        territory or possession of the United States;
          (3) the term ``United States person'' means--
                  (A) any citizen or permanent resident alien 
                of the United States;
                  (B) any sole proprietorship, partnership, 
                company, association, or corporation having its 
                principal place of business within the United 
                States or organized under the laws of the 
                United States, any State, the District of 
                Columbia, the Commonwealth of Puerto Rico, the 
                Commonwealth of the Northern Mariana Islands, 
                or any territory or possession of the United 
                States;
                  (C) any other person with respect to that 
                person's actions while in the United States; 
                and
                  (D) to the extent provided in regulations 
                issued by the Secretary of state, any person 
                that is not described in subparagraph (A), (B), 
                or (C) but--
                          (i) is a foreign subsidiary or 
                        affiliate of a United States person 
                        described in subparagraph (B) and is 
                        controlled in fact by that United 
                        States person (as determined in 
                        accordance with those regulations), or
                          (ii) is otherwise subject to the 
                        jurisdiction of the United States
                with respect to that person's actions while 
                outside the United States;
          (4) the term ``nuclear explosive device'' has the 
        meaning given that term in section 830(4) of the 
        Nuclear Proliferation Prevention Act of 1994; and
          (5) the term ``unsafeguarded special nuclear 
        material'' has the meaning given that term in section 
        830(8) of the Nuclear Proliferation Prevention Act of 
        1994.
    Sec. 40A.\8\ Transactions With Countries Not Fully 
Cooperating With United States Antiterrorism Efforts.--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2781. Sec. 330 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1258) added 
this sec. 40A.
---------------------------------------------------------------------------
    (a) Prohibited Transactions.--No defense article or defense 
service may be sold or licensed for export under this Act in a 
fiscal year to a foreign country that the President determines 
and certifies to Congress, by May 15 of the calendar year in 
which that fiscal year begins, is not cooperating fully with 
United States antiterrorism efforts.
    (b) Waiver.--The President may waive the prohibition set 
forth in subsection (a) with respect to a specific transaction 
if the President determines that the transaction is important 
to the national interests of the United States.

           *       *       *       *       *       *       *


CHAPTER 7--CONTROL OF MISSILES AND MISSILE EQUIPMENT OR TECHNOLOGY \9\

           *       *       *       *       *       *       *


---------------------------------------------------------------------------
    \9\ Sec. 1703 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1745) added chapter 7, secs. 
71-74.
---------------------------------------------------------------------------
    Sec. 72.\10\ Denial of the Transfer of Missile Equipment or 
Technology by United States Persons.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 2797a.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
    (c) \11\ Presumption.--In determining whether to apply 
sanctions under subsection (a) to a United States person 
involved in the export, transfer, or trade of an item on the 
MTCR Annex, it should be a rebuttable presumption that such 
item is designed for use in a missile listed in the MTCR Annex 
if the President determines that the final destination of the 
item is a country the government of which the Secretary of 
State has determined, for purposes of 6(j)(1)(A) of the Export 
Administration Act of 1979, has repeatedly provided support for 
acts of international terrorism.
---------------------------------------------------------------------------
    \11\ Sec. 734(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 505), added subsec. 
(c).

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
    Sec. 73.\12\ Transfers of Missile Equipment or Technology 
by Foreign Persons.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 2797b.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
    (f) \13\ Presumption.--In determining whether to apply 
sanctions under subsection (a) to a foreign person involved in 
the export, transfer, or trade of an item on the MTCR Annex, it 
should be a rebuttable presumption that such item is designed 
for use in a missile listed in the MTCR Annex if the President 
determines that the final destination of the item is a country 
the government of which the Secretary of State has determined, 
for purposes of 6(j)(1)(A) of the Export Administration Act of 
1979, has repeatedly provided support for acts of international 
terrorism.
---------------------------------------------------------------------------
    \13\ Sec. 734(b) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 505), added subsec. 
(f).

           *       *       *       *       *       *       *


                3. Iran and Libya Sanctions Act of 1996

Public Law 104-172 [H.R. 3107], 110 Stat. 1541, approved August 5, 1996

   AN ACT To impose sanctions on persons making certain investments 
   directly and significantly contributing to the enhancement of the 
  ability of Iran or Libya to develop its petroleum resources, and on 
    persons exporting certain items that enhance Libya's weapons or 
    aviation capabilities or enhance Libya's ability to develop its 
              petroleum resources, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Iran and Libya Sanctions Act 
of 1996''.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 1701 note. In a memorandum of November 21, 1996 (61 
F.R. 64249), the President made the following delegations of authority 
under this Act:
    ``. . . I hereby delegate to the Secretary of State the functions 
vested in the President by the following provisions of the Iran and 
Libya Sanctions Act of 1996 (Public Law 104-172) (`the Act'), such 
functions to be exercised in consultation with the Departments of the 
Treasury and Commerce and the United States Trade Representative, and 
with the Export-Import Bank and the Federal Reserve Board and other 
interested agencies as appropriate: sections 4(c), 5(a), 5(b), 5(c), 
5(f), 6(1), 6(2), and 9(c). I hereby delegate to the Secretary of State 
the functions vested in the President by the following provisions of 
the Act: sections 4(a), 4(b), 4(d), 4(e), 5(d), 5(e), 9(a), 9(b), and 
10. * * * The following functions vested in the President by the 
following provisions of the Act delegated by this memorandum may be 
redelegated: 4(a), 4(b), 4(d), 4(e), 4(d), 5(e), and 10. All other 
functions delegated by this memorandum may not be redelegated.''.
---------------------------------------------------------------------------

SEC. 2.\1\ FINDINGS.

    The Congress makes the following findings:
          (1) The efforts of the Government of Iran to acquire 
        weapons of mass destruction and the means to deliver 
        them and its support of acts of international terrorism 
        endanger the national security and foreign policy 
        interests of the United States and those countries with 
        which the United States shares common strategic and 
        foreign policy objectives.
          (2) The objective of preventing the proliferation of 
        weapons of mass destruction and acts of international 
        terrorism through existing multilateral and bilateral 
        initiatives requires additional efforts to deny Iran 
        the financial means to sustain its nuclear, chemical, 
        biological, and missile weapons programs.
          (3) The Government of Iran uses its diplomatic 
        facilities and quasi-governmental institutions outside 
        of Iran to promote acts of international terrorism and 
        assist its nuclear, chemical, biological, and missile 
        weapons programs.
          (4) The failure of the Government of Libya to comply 
        with Resolutions 731, 748, and 883 of the Security 
        Council of the United Nations, its support of 
        international terrorism, and its efforts to acquire 
        weapons of mass destruction constitute a threat to 
        international peace and security that endangers the 
        national security and foreign policy interests of the 
        United States and those countries with which it shares 
        common strategic and foreign policy objectives.

SEC. 3.\1\ DECLARATION OF POLICY.

    (a) Policy With Respect to Iran.--The Congress declares 
that it is the policy of the United States to deny Iran the 
ability to support acts of international terrorism and to fund 
the development and acquisition of weapons of mass destruction 
and the means to deliver them by limiting the development of 
Iran's ability to explore for, extract, refine, or transport by 
pipeline petroleum resources of Iran.
    (b) Policy With Respect to Libya.--The Congress further 
declares that it is the policy of the United States to seek 
full compliance by Libya with its obligations under Resolutions 
731, 748, and 883 of the Security Council of the United 
Nations, including ending all support for acts of international 
terrorism and efforts to develop or acquire weapons of mass 
destruction.

SEC. 4.\1\ MULTILATERAL REGIME.

    (a) Multilateral Negotiations.--In order to further the 
objectives of section 3, the Congress urges the President to 
commence immediately diplomatic efforts, both in appropriate 
international fora such as the United Nations, and bilaterally 
with allies of the United States, to establish a multilateral 
sanctions regime against Iran, including provisions limiting 
the development of petroleum resources, that will inhibit 
Iran's efforts to carry out activities described in section 2.
    (b) Reports to Congress.--The President shall report to the 
appropriate congressional committees, not later than 1 year 
after the date of the enactment of this Act, and periodically 
thereafter, on the extent that diplomatic efforts described in 
subsection (a) have been successful. Each report shall 
include--
          (1) the countries that have agreed to undertake 
        measures to further the objectives of section 3 with 
        respect to Iran, and a description of those measures; 
        and
          (2) the countries that have not agreed to measures 
        described in paragraph (1), and, with respect to those 
        countries, other measures (in addition to that provided 
        in subsection (d)) the President recommends that the 
        United States take to further the objectives of section 
        3 with respect to Iran.
    (c) Waiver.--The President may waive the application of 
section 5(a) with respect to nationals of a country if--
          (1) that country has agreed to undertake substantial 
        measures, including economic sanctions, that will 
        inhibit Iran's efforts to carry out activities 
        described in section 2 and information required by 
        subsection (b)(1) has been included in a report 
        submitted under subsection (b); and
          (2) the President, at least 30 days before the waiver 
        takes effect, notifies the appropriate congressional 
        committees of his intention to exercise the waiver.
    (d) Enhanced Sanction.--
          (1) Sanction.--With respect to nationals of countries 
        except those with respect to which the President has 
        exercised the waiver authority of subsection (c), at 
        any time after the first report is required to be 
        submitted under subsection (b), section 5(a) shall be 
        applied by substituting ``$20,000,000'' for 
        ``$40,000,000'' each place it appears, and by 
        substituting ``$5,000,000'' for ``$10,000,000''.
          (2) Report to congress.--The President shall report 
        to the appropriate congressional committees any country 
        with respect to which paragraph (1) applies.
    (e) Interim Report on Multilateral Sanctions; Monitoring.--
The President, not later than 90 days after the date of the 
enactment of this Act, shall report to the appropriate 
congressional committees on--
          (1) whether the member states of the European Union, 
        the Republic of Korea, Australia, Israel, or Japan have 
        legislative or administrative standards providing for 
        the imposition of trade sanctions on persons or their 
        affiliates doing business or having investments in Iran 
        or Libya;
          (2) the extent and duration of each instance of the 
        application of such sanctions; and
          (3) the disposition of any decision with respect to 
        such sanctions by the World Trade Organization or its 
        predecessor organization.

SEC. 5.\1\ IMPOSITION OF SANCTIONS.

    (a) Sanctions With Respect to Iran.--Except as provided in 
subsection (f), the President shall impose 2 or more of the 
sanctions described in paragraphs (1) through (6) of section 6 
if the President determines that a person has, with actual 
knowledge, on or after the date of the enactment of this Act, 
made an investment of $40,000,000 or more (or any combination 
of investments of at least $10,000,000 each, which in the 
aggregate equals or exceeds $40,000,000 in any 12-month 
period), that directly and significantly contributed to the 
enhancement of Iran's ability to develop petroleum resources of 
Iran.
    (b) Mandatory Sanctions With Respect to Libya.--
          (1) Violations of prohibited transactions.--Except as 
        provided in subsection (f), the President shall impose 
        2 or more of the sanctions described in paragraphs (1) 
        through (6) of section 6 if the President determines 
        that a person has, with actual knowledge, on or after 
        the date of the enactment of this Act, exported, 
        transferred, or otherwise provided to Libya any goods, 
        services, technology, or other items the provision of 
        which is prohibited under paragraph 4(b) or 5 of 
        Resolution 748 of the Security Council of the United 
        Nations, adopted March 31, 1992, or under paragraph 5 
        or 6 of Resolution 883 of the Security Council of the 
        United Nations, adopted November 11, 1993, if the 
        provision of such items significantly and materially--
                  (A) contributed to Libya's ability to acquire 
                chemical, biological, or nuclear weapons or 
                destabilizing numbers and types of advanced 
                conventional weapons or enhanced Libya's 
                military or paramilitary capabilities;
                  (B) contributed to Libya's ability to develop 
                its petroleum resources; or
                  (C) contributed to Libya's ability to 
                maintain its aviation capabilities.
          (2) Investments that contribute to the development of 
        petroleum resources.--Except as provided in subsection 
        (f), the President shall impose 2 or more of the 
        sanctions described in paragraphs (1) through (6) of 
        section 6 if the President determines that a person 
        has, with actual knowledge, on or after the date of the 
        enactment of this Act, made an investment of 
        $40,000,000 or more (or any combination of investments 
        of at least $10,000,000 each, which in the aggregate 
        equals or exceeds $40,000,000 in any 12-month period), 
        that directly and significantly contributed to the 
        enhancement of Libya's ability to develop its petroleum 
        resources.
    (c) Persons Against Which the Sanctions Are To Be 
Imposed.--The sanctions described in subsections (a) and (b) 
shall be imposed on--
          (1) any person the President determines has carried 
        out the activities described in subsection (a) or (b); 
        and
          (2) any person the President determines--
                  (A) is a successor entity to the person 
                referred to in paragraph (1);
                  (B) is a parent or subsidiary of the person 
                referred to in paragraph (1) if that parent or 
                subsidiary, with actual knowledge, engaged in 
                the activities referred to in paragraph (1); or
                  (C) is an affiliate of the person referred to 
                in paragraph (1) if that affiliate, with actual 
                knowledge, engaged in the activities referred 
                to in paragraph (1) and if that affiliate is 
                controlled in fact by the person referred to in 
                paragraph (1).
For purposes of this Act, any person or entity described in 
this subsection shall be referred to as a ``sanctioned 
person''.
    (d) Publication in Federal Register.--The President shall 
cause to be published in the Federal Register a current list of 
persons and entities on whom sanctions have been imposed under 
this Act. The removal of persons or entities from, and the 
addition of persons and entities to, the list, shall also be so 
published.
    (e) Publication of Projects.\2\--The President shall cause 
to be published in the Federal Register a list of all 
significant projects which have been publicly tendered in the 
oil and gas sector in Iran.
---------------------------------------------------------------------------
    \2\ The Department of State published such a list in Public Notice 
No. 2501, January 2, 1997 (62 F.R. 1141).
---------------------------------------------------------------------------
    (f) Exceptions.--The President shall not be required to 
apply or maintain the sanctions under subsection (a) or (b)--
          (1) in the case of procurement of defense articles or 
        defense services--
                  (A) under existing contracts or subcontracts, 
                including the exercise of options for 
                production quantities to satisfy requirements 
                essential to the national security of the 
                United States;
                  (B) if the President determines in writing 
                that the person to which the sanctions would 
                otherwise be applied is a sole source supplier 
                of the defense articles or services, that the 
                defense articles or services are essential, and 
                that alternative sources are not readily or 
                reasonably available; or
                  (C) if the President determines in writing 
                that such articles or services are essential to 
                the national security under defense 
                coproduction agreements;
          (2) in the case of procurement, to eligible products, 
        as defined in section 308(4) of the Trade Agreements 
        Act of 1979 (19 U.S.C. 2518(4)), of any foreign country 
        or instrumentality designated under section 301(b)(1) 
        of that Act (19 U.S.C. 2511(b)(1));
          (3) to products, technology, or services provided 
        under contracts entered into before the date on which 
        the President publishes in the Federal Register the 
        name of the person on whom the sanctions are to be 
        imposed;
          (4) to--
                  (A) spare parts which are essential to United 
                States products or production;
                  (B) component parts, but not finished 
                products, essential to United States products 
                or production; or
                  (C) routine servicing and maintenance of 
                products, to the extent that alternative 
                sources are not readily or reasonably 
                available;
          (6) to information and technology essential to United 
        States products or production; or
          (7) to medicines, medical supplies, or other 
        humanitarian items.

SEC. 6.\1\ DESCRIPTION OF SANCTIONS.

    The sanctions to be imposed on a sanctioned person under 
section 5 are as follows:
          (1) Export-import bank assistance for exports to 
        sanctioned persons.--The President may direct the 
        Export-Import Bank of the United States not to give 
        approval to the issuance of any guarantee, insurance, 
        extension of credit, or participation in the extension 
        of credit in connection with the export of any goods or 
        services to any sanctioned person.
          (2) Export sanction.--The President may order the 
        United States Government not to issue any specific 
        license and not to grant any other specific permission 
        or authority to export any goods or technology to a 
        sanctioned person under--
                  (i) the Export Administration Act of 1979;
                  (ii) the Arms Export Control Act;
                  (iii) the Atomic Energy Act of 1954; or
                  (iv) any other statute that requires the 
                prior review and approval of the United States 
                Government as a condition for the export or 
                reexport of goods or services.
          (3) Loans from united states financial 
        institutions.--The United States Government may 
        prohibit any United States financial institution from 
        making loans or providing credits to any sanctioned 
        person totaling more than $10,000,000 in any 12-month 
        period unless such person is engaged in activities to 
        relieve human suffering and the loans or credits are 
        provided for such activities.
          (4) Prohibitions on financial institutions.--The 
        following prohibitions may be imposed against a 
        sanctioned person that is a financial institution:
                  (A) Prohibition on designation as primary 
                dealer.--Neither the Board of Governors of the 
                Federal Reserve System nor the Federal Reserve 
                Bank of New York may designate, or permit the 
                continuation of any prior designation of, such 
                financial institution as a primary dealer in 
                United States Government debt instruments.
                  (B) Prohibition on service as a repository of 
                government funds.--Such financial institution 
                may not serve as agent of the United States 
                Government or serve as repository for United 
                States Government funds.
        The imposition of either sanction under subparagraph 
        (A) or (B) shall be treated as 1 sanction for purposes 
        of section 5, and the imposition of both such sanctions 
        shall be treated as 2 sanctions for purposes of section 
        5.
          (5) Procurement sanction.--The United States 
        Government may not procure, or enter into any contract 
        for the procurement of, any goods or services from a 
        sanctioned person.
          (6) Additional sanctions.--The President may impose 
        sanctions, as appropriate, to restrict imports with 
        respect to a sanctioned person, in accordance with the 
        International Emergency Economic Powers Act (50 U.S.C. 
        1701 and following).

SEC. 7.\1\ ADVISORY OPINIONS.

    The Secretary of State may, upon the request of any person, 
issue an advisory opinion to that person as to whether a 
proposed activity by that person would subject that person to 
sanctions under this Act. Any person who relies in good faith 
on such an advisory opinion which states that the proposed 
activity would not subject a person to such sanctions, and any 
person who thereafter engages in such activity, will not be 
made subject to such sanctions on account of such activity.

SEC. 8.\1\ TERMINATION OF SANCTIONS.

    (a) Iran.--The requirement under section 5(a) to impose 
sanctions shall no longer have force or effect with respect to 
Iran if the President determines and certifies to the 
appropriate congressional committees that Iran--
          (1) has ceased its efforts to design, develop, 
        manufacture, or acquire--
                  (A) a nuclear explosive device or related 
                materials and technology;
                  (B) chemical and biological weapons; and
                  (C) ballistic missiles and ballistic missile 
                launch technology; and
          (2) has been removed from the list of countries the 
        governments of which have been determined, for purposes 
        of section 6(j) of the Export Administration Act of 
        1979, to have repeatedly provided support for acts of 
        international terrorism.
    (b) Libya.--The requirement under section 5(b) to impose 
sanctions shall no longer have force or effect with respect to 
Libya if the President determines and certifies to the 
appropriate congressional committees that Libya has fulfilled 
the requirements of United Nations Security Council Resolution 
731, adopted January 21, 1992, United Nations Security Council 
Resolution 748, adopted March 31, 1992, and United Nations 
Security Council Resolution 883, adopted November 11, 1993.

SEC. 9.\1\ DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.

    (a) Delay of Sanctions.--
          (1) Consultations.--If the President makes a 
        determination described in section 5(a) or 5(b) with 
        respect to a foreign person, the Congress urges the 
        President to initiate consultations immediately with 
        the government with primary jurisdiction over that 
        foreign person with respect to the imposition of 
        sanctions under this Act.
          (2) Actions by government of jurisdiction.--In order 
        to pursue consultations under paragraph (1) with the 
        government concerned, the President may delay 
        imposition of sanctions under this Act for up to 90 
        days. Following such consultations, the President shall 
        immediately impose sanctions unless the President 
        determines and certifies to the Congress that the 
        government has taken specific and effective actions, 
        including, as appropriate, the imposition of 
        appropriate penalties, to terminate the involvement of 
        the foreign person in the activities that resulted in 
        the determination by the President under section 5(a) 
        or 5(b) concerning such person.
          (3) Additional delay in imposition of sanctions.--The 
        President may delay the imposition of sanctions for up 
        to an additional 90 days if the President determines 
        and certifies to the Congress that the government with 
        primary jurisdiction over the person concerned is in 
        the process of taking the actions described in 
        paragraph (2).
          (4) Report to congress.--Not later than 90 days after 
        making a determination under section 5(a) or 5(b), the 
        President shall submit to the appropriate congressional 
        committees a report on the status of consultations with 
        the appropriate foreign government under this 
        subsection, and the basis for any determination under 
        paragraph (3).
    (b) Duration of Sanctions.--A sanction imposed under 
section 5 shall remain in effect--
          (1) for a period of not less than 2 years from the 
        date on which it is imposed; or
          (2) until such time as the President determines and 
        certifies to the Congress that the person whose 
        activities were the basis for imposing the sanction is 
        no longer engaging in such activities and that the 
        President has received reliable assurances that such 
        person will not knowingly engage in such activities in 
        the future, except that such sanction shall remain in 
        effect for a period of at least 1 year.
    (c) Presidential Waiver.--
          (1) Authority.--The President may waive the 
        requirement in section 5 to impose a sanction or 
        sanctions on a person described in section 5(c), and 
        may waive the continued imposition of a sanction or 
        sanctions under subsection (b) of this section, 30 days 
        or more after the President determines and so reports 
        to the appropriate congressional committees that it is 
        important to the national interest of the United States 
        to exercise such waiver authority.
          (2) Contents of report.--Any report under paragraph 
        (1) shall provide a specific and detailed rationale for 
        the determination under paragraph (1), including--
                  (A) a description of the conduct that 
                resulted in the determination under section 
                5(a) or (b), as the case may be;
                  (B) in the case of a foreign person, an 
                explanation of the efforts to secure the 
                cooperation of the government with primary 
                jurisdiction over the sanctioned person to 
                terminate or, as appropriate, penalize the 
                activities that resulted in the determination 
                under section 5(a) or (b), as the case may be;
                  (C) an estimate as to the significance--
                          (i) of the provision of the items 
                        described in section 5(a) to Iran's 
                        ability to develop its petroleum 
                        resources, or
                          (ii) of the provision of the items 
                        described in section 5(b)(1) to the 
                        abilities of Libya described in 
                        subparagraph (A), (B), or (C) of 
                        section 5(b)(1), or of the investment 
                        described in section 5(b)(2) on Libya's 
                        ability to develop its petroleum 
                        resources, as the case may be; and
                  (D) a statement as to the response of the 
                United States in the event that the person 
                concerned engages in other activities that 
                would be subject to section 5(a) or (b).
          (3) Effect of report on waiver.--If the President 
        makes a report under paragraph (1) with respect to a 
        waiver of sanctions on a person described in section 
        5(c), sanctions need not be imposed under section 5(a) 
        or (b) on that person during the 30-day period referred 
        to in paragraph (1).

SEC. 10.\1\ REPORTS REQUIRED.

    (a) Report on Certain International Initiatives.--Not later 
than 6 months after the date of the enactment of this Act, and 
every 6 months thereafter, the President shall transmit a 
report to the appropriate congressional committees describing--
          (1) the efforts of the President to mount a 
        multilateral campaign to persuade all countries to 
        pressure Iran to cease its nuclear, chemical, 
        biological, and missile weapons programs and its 
        support of acts of international terrorism;
          (2) the efforts of the President to persuade other 
        governments to ask Iran to reduce the presence of 
        Iranian diplomats and representatives of other 
        government and military or quasi-governmental 
        institutions of Iran and to withdraw any such diplomats 
        or representatives who participated in the takeover of 
        the United States embassy in Tehran on November 4, 
        1979, or the subsequent holding of United States 
        hostages for 444 days;
          (3) the extent to which the International Atomic 
        Energy Agency has established regular inspections of 
        all nuclear facilities in Iran, including those 
        presently under construction; and
          (4) Iran's use of Iranian diplomats and 
        representatives of other government and military or 
        quasi-governmental institutions of Iran to promote acts 
        of international terrorism or to develop or sustain 
        Iran's nuclear, chemical, biological, and missile 
        weapons programs.
    (b) Other Reports.--The President shall ensure the 
continued transmittal to the Congress of reports describing--
          (1) the nuclear and other military capabilities of 
        Iran, as required by section 601(a) of the Nuclear Non-
        Proliferation Act of 1978 and section 1607 of the 
        National Defense Authorization Act for Fiscal Year 
        1993; and
          (2) the support provided by Iran for acts of 
        international terrorism, as part of the Department of 
        State's annual report on international terrorism.

SEC. 11.\1\ DETERMINATIONS NOT REVIEWABLE.

    A determination to impose sanctions under this Act shall 
not bereviewable in any court.

SEC. 12.\1\ EXCLUSION OF CERTAIN ACTIVITIES.

    Nothing in this Act shall apply to any activities subject 
to the reporting requirements of title V of the National 
Security Act of 1947.

SEC. 13.\1\ EFFECTIVE DATE; SUNSET.

    (a) Effective Date.--This Act shall take effect on the date 
of the enactment of this Act.
    (b) Sunset.--This Act shall cease to be effective on the 
date that is 5 years after the date of the enactment of this 
Act.

SEC. 14.\1\ DEFINITIONS.

    As used in this Act:
          (1) Act of international terrorism.--The term ``act 
        of international terrorism'' means an act--
                  (A) which is violent or dangerous to human 
                life and that is a violation of the criminal 
                laws of the United States or of any State or 
                that would be a criminal violation if committed 
                within the jurisdiction of the United States or 
                any State; and
                  (B) which appears to be intended--
                          (i) to intimidate or coerce a 
                        civilian population;
                          (ii) to influence the policy of a 
                        government by intimidation or coercion; 
                        or
                          (iii) to affect the conduct of a 
                        government by assassination or 
                        kidnapping.
          (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on Finance, the Committee on Banking, 
        Housing, and Urban Affairs, and the Committee on 
        Foreign Relations of the Senate and the Committee on 
        Ways and Means, the Committee on Banking and Financial 
        Services, and the Committee on International Relations 
        of the House of Representatives.
          (3) Component part.--The term ``component part'' has 
        the meaning given that term in section 11A(e)(1) of the 
        Export Administration Act of 1979 (50 U.S.C. App. 
        2410a(e)(1)).
          (4) Develop and development.--To ``develop'', or the 
        ``development'' of, petroleum resources means the 
        exploration for, or the extraction, refining, or 
        transportation by pipeline of, petroleum resources.
          (5) Financial institution.--The term ``financial 
        institution'' includes--
                  (A) a depository institution (as defined in 
                section 3(c)(1) of the Federal Deposit 
                Insurance Act), including a branch or agency of 
                a foreign bank (as defined in section 1(b)(7) 
                of the International Banking Act of 1978);
                  (B) a credit union;
                  (C) a securities firm, including a broker or 
                dealer;
                  (D) an insurance company, including an agency 
                or underwriter; and
                  (E) any other company that provides financial 
                services.
          (6) Finished product.--The term ``finished product'' 
        has the meaning given that term in section 11A(e)(2) of 
        the Export Administration Act of 1979 (50 U.S.C. App. 
        2410a(e)(2)).
          (7) Foreign person.--The term ``foreign person'' 
        means--
                  (A) an individual who is not a United States 
                person or an alien lawfully admitted for 
                permanent residence into the United States; or
                  (B) a corporation, partnership, or other 
                nongovernmental entity which is not a United 
                States person.
          (8) Goods and technology.--The terms ``goods'' and 
        ``technology'' have the meanings given those terms in 
        section 16 of the Export Administration Act of 1979 (50 
        U.S.C. App. 2415).
          (9) Investment.--The term ``investment'' means any of 
        the following activities if such activity is undertaken 
        pursuant to an agreement, or pursuant to the exercise 
        of rights under such an agreement, that is entered into 
        with the Government of Iran or a nongovenmental entity 
        in Iran, or with the Government of Libya or a 
        nongovernmental entity in Libya, on or after the date 
        of the enactment of this Act:
                  (A) The entry into a contract that includes 
                responsibility for the development of petroleum 
                resources located in Iran or Libya (as the case 
                may be), or the entry into a contract providing 
                for the general supervision and guarantee of 
                another person's performance of such a 
                contract.
                  (B) The purchase of a share of ownership, 
                including an equity interest, in that 
                development.
                  (C) The entry into a contract providing for 
                the participation in royalties, earnings, or 
                profits in that development, without regard to 
                the form of the participation.
        The term ``investment'' does not include the entry 
        into, performance, or financing of a contract to sell 
        or purchase goods, services, or technology.
          (10) Iran.--The term ``Iran'' includes any agency or 
        instrumentality of Iran.
          (11) Iranian diplomats and representatives of other 
        government and military or quasi-governmental 
        institutions of iran.--The term ``Iranian diplomats and 
        representatives of other government and military or 
        quasi-governmental institutions of Iran'' includes 
        employees, representatives, or affiliates of Iran's--
                  (A) Foreign Ministry;
                  (B) Ministry of Intelligence and Security;
                  (C) Revolutionary Guard Corps;
                  (D) Crusade for Reconstruction;
                  (E) Qods (Jerusalem) Forces;
                  (F) Interior Ministry;
                  (G) Foundation for the Oppressed and 
                Disabled;
                  (H) Prophet's Foundation;
                  (I) June 5th Foundation;
                  (J) Martyr's Foundation;
                  (K) Islamic Propagation Organization; and
                  (L) Ministry of Islamic Guidance.
          (12) Libya.--The term ``Libya'' includes any agency 
        or instrumentality of Libya.
          (13) Nuclear explosive device.--The term ``nuclear 
        explosive device'' means any device, whether assembled 
        or disassembled, that is designed to produce an 
        instantaneous release of an amount of nuclear energy 
        from special nuclear material (as defined in section 
        11(aa) of the Atomic Energy Act of 1954) that is 
        greater than the amount of energy that would be 
        released from the detonation of one pound of 
        trinitrotoluene (TNT).
          (14) Person.--The term ``person'' means--
                  (A) a natural person;
                  (B) a corporation, business association, 
                partnership, society, trust, any other 
                nongovernmental entity, organization, or group, 
                and any governmental entity operating as a 
                business enterprise; and
                  (C) any successor to any entity described in 
                subparagraph (B).
          (15) Petroleum resources.--The term ``petroleum 
        resources'' includes petroleum and natural gas 
        resources.
          (16) United states or state.--The term ``United 
        States'' or ``State'' means the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        the Commonwealth of the Northern Mariana Islands, 
        American Samoa, Guam, the United States Virgin Islands, 
        and any other territory or possession of the United 
        States.
          (17) United states person.--The term ``United States 
        person'' means--
                  (A) a natural person who is a citizen of the 
                United States or who owes permanent allegiance 
                to the United States; and
                  (B) a corporation or other legal entity which 
                is organized under the laws of the United 
                States, any State or territory thereof, or the 
                District of Columbia, if natural persons 
                described in subparagraph (A) own, directly or 
                indirectly, more than 50 percent of the 
                outstanding capital stock or other beneficial 
                interest in such legal entity.

             4. Iran-Iraq Arms Nonproliferation Act of 1992

Partial text of Public Law 102-484 [National Defense Authorization Act 
for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved October 23, 
                            1992, as amended

        TITLE XVI--IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992

SEC. 1601.\1\ SHORT TITLE.

    This title may be cited as the ``Iran-Iraq Arms Non-
Proliferation Act of 1992''.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 1701 note. In a September 27, 1994, memorandum for 
the Secretary of State, the President delegated all functions vested in 
the President by this title to the Secretary of State, in consultation 
with the Secretaries of Defense, Treasury, Commerce, the Director of 
the Arms Control and Disarmament Agency, and other heads of appropriate 
departments and agencies (59 F.R. 50685).
---------------------------------------------------------------------------

SEC. 1602. UNITED STATES POLICY.

    (a) In General.--It shall be the policy of the United 
States to oppose, and urgently to seek the agreement of other 
nations also to oppose, any transfer to Iran or Iraq of any 
goods or technology, including dual-use goods or technology, 
wherever that transfer could materially contribute to either 
country's acquiring chemical, biological, nuclear, or 
destabilizing numbers and types of advanced conventional 
weapons.
    (b) Sanctions.--(1) In the furtherance of this policy, the 
President shall apply sanctions and controls with respect to 
Iran, Iraq, and those nations and persons who assist them in 
acquiring weapons of mass destruction in accordance with the 
Foreign Assistance Act of 1961, the Nuclear Non-Proliferation 
Act of 1978, the Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991, chapter 7 of the Arms Export 
Control Act,\2\ and other relevant statutes, regarding the non-
proliferation of weapons of mass destruction and the means of 
their delivery.
---------------------------------------------------------------------------
    \2\ For text of chapter 7 of the Arms Export Control Act, see 
section A.2 of this publication.
---------------------------------------------------------------------------
    (2) The President should also urgently seek the agreement 
of other nations to adopt and institute, at the earliest 
practicable date, sanctions and controls comparable to those 
the United States is obligated to apply under this subsection.
    (c) Public Identification.--The Congress calls on the 
President to identify publicly (in the report required by 
section 1607) any country or person that transfers goods or 
technology to Iran or Iraq contrary to the policy set forth in 
subsection (a).

SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS.

    The sanctions against Iraq specified in paragraphs (1) 
through (4) of section 586G(a) of the Iraq Sanctions Act of 
1990 (as contained in Public Law 101-513),\3\ including denial 
of export licenses for United States persons and prohibitions 
on United States Government sales, shall be applied to the same 
extent and in the same manner with respect to Iran.
---------------------------------------------------------------------------
    \3\ For text, see sec. A.7 of this publication.
---------------------------------------------------------------------------

SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.

    (a) Prohibition.--If any person transfers or retransfers 
goods or technology so as to contribute knowingly and 
materially to the efforts by Iran or Iraq (or any agency or 
instrumentality of either such country) to acquire chemical, 
biological, or nuclear weapons or \4\ to acquire destabilizing 
numbers and types of advanced conventional weapons, then the 
sanctions described in subsection (b) shall be imposed.
---------------------------------------------------------------------------
    \4\ Sec. 1408(a) of Public Law 104-106 (110 Stat. 494) inserted 
``to acquire chemical, biological, or nuclear weapons or'' before ``to 
acquire''.
---------------------------------------------------------------------------
    (b) Mandatory Sanctions.--The sanctions to be imposed 
pursuant to subsection (a) are as follows:
          (1) Procurement sanction.--For a period of two years, 
        the United States Government shall not procure, or 
        enter into any contract for the procurement of, any 
        goods or services from the sanctioned person.
          (2) Export sanction.--For a period of two years, the 
        United States Government shall not issue any license 
        for any export by or to the sanctioned person.

SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.

    (a) Prohibition.--If the President determines that the 
government of any foreign country transfers or retransfers 
goods or technology so as to contribute knowingly and 
materially to the efforts by Iran or Iraq (or any agency or 
instrumentality of either such country) to acquire chemical, 
biological, or nuclear weapons or \5\ to acquire destabilizing 
numbers and types of advanced conventional weapons, then--
---------------------------------------------------------------------------
    \5\ Sec. 1408(b) of Public Law 104-106 (110 Stat. 494) inserted 
``to acquire chemical, biological, or nuclear weapons or'' before ``to 
acquire''.
---------------------------------------------------------------------------
          (1) the sanctions described in subsection (b) shall 
        be imposed on such country; and
          (2) in addition, the President may apply, in the 
        discretion of the President, the sanction described in 
        subsection (c).
    (b) Mandatory Sanctions.--Except as provided in paragraph 
(2), the sanctions to be imposed pursuant to subsection (a)(1) 
are as follows:
          (1) Suspension of united states assistance.--The 
        United States Government shall suspend, for a period of 
        one year, United States assistance to the sanctioned 
        country.
          (2) Multilateral development bank assistance.--The 
        Secretary of the Treasury shall instruct the United 
        States Executive Director to each appropriate 
        international financial institution to oppose, and vote 
        against, for a period of one year, the extension by 
        such institution of any loan or financial or technical 
        assistance to the sanctioned country.
          (3) Suspension of codevelopment or coproduction 
        agreements.--The United States shall suspend, for a 
        period of one year, compliance with its obligations 
        under any memorandum of understanding with the 
        sanctioned country for the codevelopment or 
        coproduction of any item on the United States Munitions 
        List (established under section 38 of the Arms Export 
        Control Act), including any obligation for 
        implementation of the memorandum of understanding 
        through the sale to the sanctioned country of technical 
        data or assistance or the licensing for export to the 
        sanctioned country of any component part.
          (4) Suspension of military and dual-use technical 
        exchange agreements.--The United States shall suspend, 
        for a period of one year, compliance with its 
        obligations under any technical exchange agreement 
        involving military and dual-use technology between the 
        United States and the sanctioned country that does not 
        directly contribute to the security of the United 
        States, and no military or dual-use technology may be 
        exported from the United States to the sanctioned 
        country pursuant to that agreement during that period.
          (5) United states munitions list.--No item on the 
        United States Munitions List (established pursuant to 
        section 38 of the Arms Export Control Act) may be 
        exported to the sanctioned country for a period of one 
        year.
    (c) Discretionary Sanction.--The sanction referred to in 
subsection (a)(2) is as follows:
          (1) Use of authorities of international emergency 
        economic powers act.--Except as provided in paragraph 
        (2), the President may exercise, in accordance with the 
        provisions of that Act, the authorities of the 
        International Emergency Economic Powers Act with 
        respect to the sanctioned country.
          (2) Exception.--Paragraph (1) does not apply with 
        respect to urgent humanitarian assistance.

SEC. 1606. WAIVER.

    The President may waive the requirement to impose a 
sanction described in section 1603, in the case of Iran, or a 
sanction described in section 1604(b) or 1605(b), in the case 
of Iraq and Iran, 15 days after the President determines and so 
reports to the Committees on Armed Services and Foreign 
Relations of the Senate and the Committees on Armed Services 
and Foreign Affairs of the House of Representatives \6\ that it 
is essential to the national interest of the United States to 
exercise such waiver authority. Any such report shall provide a 
specific and detailed rationale for such determination.
---------------------------------------------------------------------------
    \6\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------

SEC. 1607. REPORTING REQUIREMENT.

    (a) Annual Report.--Beginning one year after the date of 
the enactment of this Act, and every 12 months thereafter, the 
President shall submit to the Committees on Armed Services and 
Foreign Relations of the Senate and the Committees on Armed 
Services and Foreign Affairs of the House of Representatives 
\6\ a report detailing--
          (1) all transfers or retransfers made by any person 
        or foreign government during the preceding 12-month 
        period which are subject to any sanction under this 
        title; and
          (2) the actions the President intends to undertake or 
        has undertaken pursuant to this title with respect to 
        each such transfer.
    (b) Report on Individual Transfers.--Whenever the President 
determines that a person or foreign government has made a 
transfer which is subject to any sanction under this title, the 
President shall, within 30 days after such transfer, submit to 
the Committees on Armed Services and Foreign Relations of the 
Senate and the Committees on Armed Services and Foreign Affairs 
of the House of Representatives \6\ a report--
          (1) identifying the person or government and 
        providing the details of the transfer; and
          (2) describing the actions the President intends to 
        undertake or has undertaken under the provisions of 
        this title with respect to each such transfer.
    (c) Form of Transmittal.--Reports required by this section 
may be submitted in classified as well as in unclassified form.

SEC. 1608. DEFINITIONS.

    For purposes of this title:
          (1) The term ``advanced conventional weapons'' 
        includes--
                  (A) such long-range precision-guided 
                munitions, fuel air explosives, cruise 
                missiles, low observability aircraft, other 
                radar evading aircraft, advanced military 
                aircraft, military satellites, electromagnetic 
                weapons, and laser weapons as the President 
                determines destabilize the military balance or 
                enhance offensive capabilities in destabilizing 
                ways;
                  (B) such advanced command, control, and 
                communications systems, electronic warfare 
                systems, or intelligence collection systems as 
                the President determines destabilize the 
                military balance or enhance offensive 
                capabilities in destabilizing ways; and
                  (C) such other items or systems as the 
                President may, by regulation, determine 
                necessary for purposes of this title.
          (2) The term ``cruise missile'' means guided missiles 
        that use aerodynamic lift to offset gravity and 
        propulsion to counteract drag.
          (3) The term ``goods or technology'' means--
                  (A) any article, natural or manmade 
                substance, material, supply, or manufactured 
                product, including inspection and test 
                equipment; and
                  (B) any information and know-how (whether in 
                tangible form, such as models, prototypes, 
                drawings, sketches, diagrams, blueprints, or 
                manuals, or in intangible form, such as 
                training or technical services) that can be 
                used to design, produce, manufacture, utilize, 
                or reconstruct goods, including computer 
                software and technical data.
          (4) The term ``person'' means any United States or 
        foreign individual, partnership, corporation, or other 
        form of association, or any of their successor 
        entities, parents, or subsidiaries.
          (5) The term ``sanctioned country'' means a country 
        against which sanctions are required to be imposed 
        pursuant to section 1605.
          (6) The term ``sanctioned person'' means a person 
        that makes a transfer described in section 1604(a).
          (7) The term ``United States assistance'' means--
                  (A) \7\ any assistance under the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2151 et 
                seq.), other than urgent humanitarian 
                assistance or medicine;
---------------------------------------------------------------------------
    \7\ Sec. 1408(c) of Public Law 104-106 (110 Stat. 494) amended and 
restated subpara. (A), which formerly read as follows:
    ``(A) any assistance under the Foreign Assistance Act of 1961, 
other than--
---------------------------------------------------------------------------

          ``(i) urgent humanitarian assistance or medicine, and
          ``(ii) assistance under chapter 11 of part I (as enacted by 
        the Freedom for Russia and Emerging Eurasian Democracies and 
        Open Markets Support Act of 1992);''.
                  (B) sales and assistance under the Arms 
                Export Control Act;
                  (C) financing by the Commodity Credit 
                Corporation for export sales of agricultural 
                commodities; and
                  (D) financing under the Export-Import Bank 
                Act.

   5. International Security and Development Cooperation Act of 1985

   Partial text of Public Law 99-83 [S. 960], 99 Stat. 190, approved 
                       August 8, 1985 as amended

 AN ACT To authorize international development and security assistance 
 programs and Peace Corps programs for fiscal years 1986 and 1987, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the 
``International Security and Development Cooperation Act of 
1985''.

           *       *       *       *       *       *       *


   TITLE V--INTERNATIONAL TERRORISM AND FOREIGN AIRPORT SECURITY \1\

               Part A--International Terrorism Generally

SEC. 501. * * *

SEC. 502. COORDINATION OF ALL UNITED STATES TERRORISM-RELATED 
                    ASSISTANCE TO FOREIGN COUNTRIES.

    (a) Coordination.--The Secretary of State shall be 
responsible for coordinating all assistance related to 
international terrorism which is provided by the United States 
Government.
---------------------------------------------------------------------------
    \1\ See Section F for the text of legislation on foreign airport 
security.
---------------------------------------------------------------------------
    (b) Reports.--Not later than February 1 each year, the 
Secretary of State, in consultation with appropriate United 
States Government agencies, shall report to the appropriate 
committees of the Congress on the assistance related to 
international terrorism which was provided by the United States 
Government during the preceding fiscal year. Such reports may 
be provided on a classified basis to the extent necessary, and 
shall specify the amount and nature of the assistance provided.
    (c) Rule of Construction.--Nothing contained in this 
section shall be construed to limit or impair the authority or 
responsibility of any other Federal agency with respect to law 
enforcement, domestic security operations, or intelligence 
activities as defined in Executive Order 12333.\2\
---------------------------------------------------------------------------
    \2\ For text, see U.S. Congress. House. Committee on International 
Relations. Legislation on Foreign Relations Through 1996, (Washington, 
G.P.O., 1997), vol. II, sec. D.
---------------------------------------------------------------------------

SEC. 503.\3\ PROHIBITION ON ASSISTANCE TO COUNTRIES SUPPORTING 
                    INTERNATIONAL TERRORISM. * * *
---------------------------------------------------------------------------

    \3\ Sec. 503(a) amended sec. 620A of the FAA of 1961. Sec. 503(b) 
amended sec. 3(f) of the AECA.
---------------------------------------------------------------------------

SEC. 504. PROHIBITION ON IMPORTS FROM AND EXPORTS TO LIBYA.

    (a) Prohibition on Imports.--Notwithstanding any other 
provision of law, the President may prohibit any article grown, 
produced, extracted, or manufactured in Libya from being 
imported into the United States.
    (b) Prohibition on Exports.--Notwithstanding any other 
provision of law, the President may prohibit any goods or 
technology, including technical data or other information, 
subject to the jurisdiction of the United States or exported by 
any person subject to the jurisdiction of the United States, 
from being exported to Libya.
    (c) Definition.--For purposes of this section, the term 
``United States'', when used in a geographical sense, includes 
territories and possessions of the United States.

SEC. 505.\4\ BAN ON IMPORTING GOODS AND SERVICES FROM COUNTRIES 
                    SUPPORTING TERRORISM.

    (a) Authority.--The President may ban the importation into 
the United States of any good or service from any country which 
supports terrorism or terrorist organizations or harbors 
terrorist or terrorist organizations.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2349aa-9.
---------------------------------------------------------------------------
    (b) Consultation.--The President, in every possible 
instance, shall consult with the Congress before exercising the 
authority granted by this section and shall consult regularly 
with the Congress so long as that authority is being exercised.
    (c) Reports.--Whenever the President exercises the 
authority granted by this section, he shall immediately 
transmit to the Congress a report specifying--
          (1) The country with respect to which the authority 
        is to be exercised and the imports to be prohibited;
          (2) the circumstances which necessitate the exercise 
        of such authority;
          (3) why the President believes those circumstances 
        justify the exercise of such authority; and
          (4) why the President believes the prohibitions are 
        necessary to deal with those circumstances.
At least once during each succeeding 6-month period after 
transmitting a report pursuant to this subsection, the 
President shall report to the Congress with respect to the 
actions taken, since the last such report, pursuant to this 
section and with respect to any changes which have occurred 
concerning any information previously furnished pursuant to 
this subsection.
    (d) Definition.--For purposes of this section, the term 
``United States'' includes territories and possessions of the 
United States.

SEC. 506. INTERNATIONAL ANTI-TERRORISM COMMITTEE.

    The Congress calls upon the President to seek the 
establishment of an international committee, to be known as the 
International Anti-Terrorism Committee, consisting of 
representatives of the member countries of the North Atlantic 
Treaty Organization, Japan, and such other countries as may be 
invited and may choose to participate. The purpose of the 
Committee should be to focus the attention and secure the 
cooperation of the governments and the public of the 
participating countries and of other countries on the problems 
and responses to international terrorism, by serving as a forum 
at both the political and law enforcement levels.

SEC. 507. INTERNATIONAL TERRORISM CONTROL TREATY.

    It is the sense of the Congress that the President should 
establish a process by which democratic and open societies of 
the world, which are those most plagued by terrorism, negotiate 
a viable treaty to effectively prevent and respond to terrorist 
attacks. Such a treaty should incorporate an operative 
definition of terrorism, and should establish effective close 
intelligence-sharing, joint counterterrorist training, and 
uniform laws on asylum, extradition, and swift punishment for 
perpetrators of terrorism. Parties to such a treaty should 
include, but not be limited to, those democratic nations who 
are most victimized by terrorism.

SEC. 508. STATE TERRORISM.

    It is sense of the Congress that all civilized nations 
should firmly condemn the increasing use of terrorism by 
certain states as an official instrument for promoting their 
policy goals, as evidenced by such examples as the brutal 
assassination of Major Arthur D. Nicholson, Junior, by a member 
of the Soviet armed forces.

                    Part B--Foreign Airport Security

SEC. 551. SECURITY STANDARDS FOR FOREIGN AIR TRANSPORTATION.

    (a) \5\ Security at Foreign Airports.--* * * [Repealed--
1994]
---------------------------------------------------------------------------
    \5\ Sec. 7(b) of Public Law 103-272 (108 Stat. 1379) repealed sec. 
551(a) and (b), which enacted an amendment to sec. 1115 of the Federal 
Aviation Act of 1958, and related amendments, concerning security 
standards in foreign air transportation, codified at 49 U.S.C. App. 
1515.
---------------------------------------------------------------------------
    (b) Conforming Amendments.--* * * [Repealed--1994]
    (c) Closing of Beirut International Airport.--It is the 
sense of the Congress that the President is urged and 
encouraged to take all appropriate steps to carry forward his 
announced policy of seeking the effective closing of the 
international airport in Beirut, Lebanon, at least until such 
time as the Government of Lebanon has instituted measures and 
procedures designed to prevent the use of that airport by 
aircraft hijackers and other terrorists in attacking civilian 
airlines or their passengers, hijacking their aircraft, or 
taking or holding their passengers hostage.

SEC. 552.\6\ * * * [Repealed--1994]

SEC. 553.\7\ * * * [Repealed--1994]

SEC. 554. ENFORCEMENT OF INTERNATIONAL CIVIL AVIATION ORGANIZATION 
                    STANDARDS.

    The Secretary of State and the Secretary of Transportation, 
jointly, shall call on the member countries of the 
International Civil Aviation Organization to enforce that 
Organization's existing standards and to support United States 
actions enforcing such standards.
---------------------------------------------------------------------------
    \6\ Formerly at 49 U.S.C. app. 1515a. Sec. 552, relating to travel 
advisories and suspension of foreign assistance, was repealed by sec. 
7(b) of Public Law 103-272 (108 Stat. 1379).
    \7\ Formerly at 49 U.S.C. app. 1356b. Sec. 553, relating to the 
United States airmarshal program, was repealed by sec. 7(b) of Public 
Law 103-272 (108 Stat. 1379).
---------------------------------------------------------------------------

SEC. 555. INTERNATIONAL CIVIL AVIATION BOYCOTT OF COUNTRIES SUPPORTING 
                    INTERNATIONAL TERRORISM.

    It is the sense of the Congress that the President--
          (1) should call for an international civil aviation 
        boycott with respect to those countries which the 
        President determines--
                  (A) grant sanctuary from prosecution to any 
                individual or group which has committed an act 
                of international terrorism, or
                  (B) otherwise support international 
                terrorism; and
          (2) should take steps, both bilateral and 
        multilateral, to achieve a total international civil 
        aviation boycott with respect to those countries.

SEC. 556.\8\ * * * [Repealed--1994]
---------------------------------------------------------------------------

    \8\ Formerly 49 U.S.C. app. 1515 note. Sec. 556, relating to 
multilateral and bilateral agreements with respect to aircraft 
sabotage, aircraft hijacking, and airport security, was repealed by 
sec. 7(b) of Public Law 103-272 (108 Stat. 1379).
---------------------------------------------------------------------------

SEC. 557. RESEARCH ON AIRPORT SECURITY TECHNIQUES FOR DETECTING 
                    EXPLOSIVES.

    In order to improve security at international airports, 
there are authorized to be appropriated to the Secretary of 
Transportation from the Airport and Airway Trust Fund (in 
addition to amounts otherwise available for such purpose) 
$5,000,000, without fiscal year limitation, to be used for 
research on and the development of airport security devices or 
techniques for detecting explosives.

SEC. 558. HIJACKING OF TWA FLIGHT 847 AND OTHER ACTS OF TERRORISM.

    The Congress joins with all Americans in celebrating the 
release of the hostages taken from Trans World Airlines flight 
847. It is the sense of the Congress that--
          (1) purser Uli Derickson, pilot John Testrake, co-
        pilot Philip Maresca, flight engineer Benjamin 
        Zimmermann, and the rest of the crew of Trans World 
        Airlines flight 847 displayed extraordinary valor and 
        heroism during the hostages' ordeal and therefore 
        should be commended;
          (2) the hijackers who murdered United States Navy 
        Petty Officer Stethem should be immediately brought to 
        justice;
          (3) all diplomatic means should continue to be 
        employed to obtain the release of the 7 United States 
        citizens previously kidnapped and still held in 
        Lebanon;
          (4) acts of international terrorism should be 
        universally condemned; and
          (5) the Secretary of State should be supported in his 
        efforts to gain international cooperation to prevent 
        future acts of terrorism.

SEC. 559. * * *

                  TITLE XIII--MISCELLANEOUS PROVISIONS

SEC. 1301. * * *

SEC. 1302.\9\ CODIFICATION OF POLICY PROHIBITING NEGOTIATIONS WITH THE 
                    PALESTINE LIBERATION ORGANIZATION

    (a) United States Policy.--The United States in 1975 
declared in a memorandum of agreement with Israel, and has 
reaffirmed since, that ``The United States will continue to 
adhere to its present policy with respect to the Palestine 
Liberation Organization, whereby it will not recognize or 
negotiate with the Palestine Liberation Organization so long as 
the Palestine Liberation Organization does not recognize 
Israel's right to exist and does not accept Security Council 
Resolutions 242 and 338.''.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 2151 note. Sec. 531 of the Foreign Assistance 
Appropriations Act, 1986 (Sec. 101(i) of Public Law 99-190; 99 Stat. 
1307), provided the following:
    ``In reaffirmation of the 1975 memorandum of agreement between the 
United States and Israel, and in accordance with section 1302 of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83), no employee of or individual acting on behalf of the United 
States Government shall recognize or negotiate with the Palestine 
Liberation Organization or representatives thereof, so long as the 
Palestine Liberation Organization does not recognize Israel's right to 
exist, does not accept Security Council Resolutions 242 and 338, and 
does not renounce the use of terrorism.''. Sec. 530 of the Foreign 
Assistance and Related Programs Appropriations Act, 1987 (sec. 101(f) 
of Public Law 99-591; 100 Stat. 3341-231) contained identical language.
    Sec. 527 of the Foreign Assistance and Related Agencies 
Appropriations Act 1987 (see. 101(f) of Public Law 99-591; 100 Stat. 
3341-230) provided:
    ``Notwithstanding any other provision of law or this Act, none of 
the funds provided for ``International organizations and programs'' 
shall be available for the United States proportionate share for any 
programs for the Palestine Liberation Organization, the Southwest 
African Peoples Organization, Libya, Iran, or, at the discretion of the 
President, Communist countries listed in section 620(f) of the Foreign 
Assistance Act of 1961, as amended.''.
---------------------------------------------------------------------------
    (b) Reaffirmation and Codification of Policy.--The United 
States hereby reaffirms that policy. In accordance with that 
policy, no officer or employee of the United States Government 
and no agent or other individual acting on behalf of the United 
States Government shall negotiate with the Palestine Liberation 
Organization or any representatives thereof (except in 
emergency or humanitarian situations) unless and until the 
Palestine Liberation Organization recognizes Israel's right to 
exist, accepts United Nations Security Council Resolutions 242 
and 338 and renounces the use of terrorism, except that no 
funds authorized to be appropriated by this or any other Act 
may be obligated or made available for the conduct of the 
current dialogue on the Middle East process with any 
representative of the Palestine Liberation Organization if the 
President knows and advises the Congress that the 
representative directly participated in the planning or 
execution of a particular terrorist activity which resulted in 
the death or kidnapping of a United States citizen.
          * * * * * * *

   6. International Security and Development Cooperation Act of 1981

 Partial text of Public Law 97-113 [S. 1196], 95 Stat. 1519, approved 
                     December 29, 1981, as amended

 AN ACT To authorize appropriations for the fiscal years 1982 and 1983 
for international security and development assistance and for the Peace 
 Corps, to establish the Peace Corps as an autonomous agency, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                              short title

    Section 1. This Act may be cited as the ``International 
Security and Development Cooperation Act of 1981''.




           *       *       *       *       *       *       *
                  TITLE VII--MISCELLANEOUS PROVISIONS




           *       *       *       *       *       *       *
   condemnation of libya for its support of international terrorist 
                               movements

    Sec. 718. (a) The Congress condemns the Libyan Government 
for its support of international terrorist movements, its 
efforts to obstruct positive movement toward the peaceful 
resolution of problems in the Middle East region, and its 
actions to destabilize and control governments of neighboring 
states in Africa.
    (b) The Congress believes that the President should conduct 
an immediate review of concrete steps the United States could 
take, individually and in concert with its allies, to bring 
economic and political pressure on Libya to cease such 
activities, and should submit a report on that review to the 
Congress within one hundred and eighty days after the date of 
enactment of this Act. Such a review should include the 
possibility of tariffs on or prohibitions against the import of 
crude oil from Libya.

united states citizens acting in the service of international terrorism

    Sec. 719. (a) It is the sense of the Congress that the 
spread of international terrorism poses a grave and growing 
danger for world peace and for the national security of the 
United States. As a part of its vigorous opposition to the 
activities of international terrorist leaders and the increase 
of international terrorism, the United States should take all 
steps necessary to ensure that no United States citizen is 
acting in the service of terrorism or of the proponents of 
terrorism.
    (b) * * *

           *       *       *       *       *       *       *


                     7. Iraq Sanctions Act of 1990

    Partial text of Public Law 101-513 [Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 1991; H.R. 5114], 
           104 Stat. 1979 at 2047, approved November 5, 1990

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1991, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for foreign operations, 
export financing, and related programs for the fiscal year 
ending September 30, 1991, and for other purposes, namely:

           *       *       *       *       *       *       *


TITLE V--GENERAL PROVISIONS

           *       *       *       *       *       *       *


                       iraq sanctions act of 1990

SEC. 586. SHORT TITLE.

  Sections 586 through 586J of this Act may be cited as the 
``Iraq Sanctions Act of 1990''.

           *       *       *       *       *       *       *


SEC. 586F. DECLARATIONS REGARDING IRAQ'S LONG-STANDING VIOLATIONS OF 
                    INTERNATIONAL LAW.

  (a) Iraq's Violations of International Law.--The Congress 
determines that--
          (1) the Government of Iraq has demonstrated repeated 
        and blatant disregard for its obligations under 
        international law by violating the Charter of the 
        United Nations, the Protocol for the Prohibition of the 
        Use in War of Asphyxiating, Poisonous or Other Gases, 
        and of Bacteriological Methods of Warfare (done at 
        Geneva, June 17, 1925), as well as other international 
        treaties;
          (2) the Government of Iraq is a party to the 
        International Covenant on Civil and Political Rights 
        and the International Covenant on Economic, Social, and 
        Cultural Rights and is obligated under the Covenants, 
        as well as the Universal Declaration of Human Rights, 
        to respect internationally recognized human rights;
          (3) the State Department's Country Reports on Human 
        Rights Practices for 1989 again characterizes Iraq's 
        human rights record as ``abysmal'';
          (4) Amnesty International, Middle East Watch, and 
        other independent human rights organizations have 
        documented extensive, systematic, and continuing human 
        rights abuses by the Government of Iraq, including 
        summary executions, mass political killings, 
        disappearances, widespread use of torture, arbitrary 
        arrests and prolonged detention without trial of 
        thousands of political opponents, forced relocation and 
        deportation, denial of nearly all civil and political 
        rights such as freedom of association, assembly, 
        speech, and the press, and the imprisonment, torture, 
        and execution of children;
          (5) since 1987, the Government of Iraq has 
        intensified its severe repression of the Kurdish 
        minority of Iraq, deliberately destroyed more than 
        3,000 villages and towns in the Kurdish regions, and 
        forcibly expelled more than 500,000 people, thus 
        effectively depopulating the rural areas of Iraqi 
        Kurdistan;
          (6) Iraq has blatantly violated international law by 
        initiating use of chemical weapons in the Iran-Iraq 
        war;
          (7) Iraq has also violated international law by using 
        chemical weapons against its own Kurdish citizens, 
        resulting in tens of thousands of deaths and more than 
        65,000 refugees;
          (8) Iraq continues to expand its chemical weapons 
        capability, and President Saddam Hussein has threatened 
        to use chemical weapons against other nations;
          (9) persuasive evidence exists that Iraq is 
        developing biological weapons in violation of 
        international law;
          (10) there are strong indications that Iraq has taken 
        steps to produce nuclear weapons and has attempted to 
        smuggle from the United States, in violation of United 
        States law, components for triggering devices used in 
        nuclear warheads whose manufacture would contravene the 
        Treaty on the Non-Proliferation of Nuclear Weapons, to 
        which Iraq is a party; and
          (11) Iraqi President Saddam Hussein has threatened to 
        use terrorism against other nations in violation of 
        international law and has increased Iraq's support for 
        the Palestine Liberation Organization and other 
        Palestinian groups that have conducted terrorist acts.
  (b) Human Rights Violations.-- * * *
  (c) Support for International Terrorism.--(1) The Congress 
determines that Iraq is a country which has repeatedly provided 
support for acts of international terrorism, a country which 
grants sanctuary from prosecution to individuals or groups 
which have committed an act of international terrorism, and a 
country which otherwise supports international terrorism. The 
provisions of law specified in paragraph (2) and all other 
provisions of law that impose sanctions against a country which 
has repeatedly provided support for acts of international 
terrorism, which grants sanctuary from prosecution to an 
individual or group which has committed an act of international 
terrorism, or which otherwise supports international terrorism 
shall be fully enforced against Iraq.
  (2) The provisions of law referred to in paragraph (1) are--
          (A) section 40 of the Arms Export Control Act;
          (B) section 620A of the Foreign Assistance Act of 
        1961;
          (C) sections 555 and 556 of this Act (and the 
        corresponding sections of predecessor foreign 
        operations appropriations Acts); and
          (D) section 555 of the International Security and 
        Development Cooperation Act of 1985.
  (d) Multilateral Cooperation.--The Congress calls on the 
President to seek multilateral cooperation--
          (1) to deny dangerous technologies to Iraq;
          (2) to induce Iraq to respect internationally 
        recognized human rights; and
          (3) to induce Iraq to allow appropriate international 
        humanitarian and human rights organizations to have 
        access to Iraq and Kuwait, including the areas in 
        northern Iraq traditionally inhabited by Kurds.

SEC. 586G. SANCTIONS AGAINST IRAQ.

  (a) Imposition.--Except as provided in section 586H, the 
following sanctions shall apply with respect to Iraq:
          (1) FMS sales.--The United States Government shall 
        not enter into any sale with Iraq under the Arms Export 
        Control Act.
          (2) Commercial arms sales.--Licenses shall not be 
        issued for the export to Iraq of any item on the United 
        States Munitions List.
          (3) Exports of certain goods and technology.--The 
        authorities of section 6 of the Export Administration 
        Act of 1979 (50 U.S.C. App. 2405) shall be used to 
        prohibit the export to Iraq of any goods or technology 
        listed pursuant to that section or section 5(c)(1) of 
        that Act (50 U.S.C. App. 2404(c)(1)) on the control 
        list provided for in section 4(b) of that Act (50 
        U.S.C. App. 2403(b)).
          (4) Nuclear equipment, materials, and technology.--
                  (A) NRC licenses.--The Nuclear Regulatory 
                Commission shall not issue any license or other 
                authorization under the Atomic Energy Act of 
                1954 (42 U.S.C. 2011 and following) for the 
                export to Iraq of any source or special nuclear 
                material, any production or utilization 
                facility, any sensitive nuclear technology, any 
                component, item, or substance determined to 
                have significance for nuclear explosive 
                purposes pursuant to section 109b. of the 
                Atomic Energy Act of 1954 (42 U.S.C. 2139(b)), 
                or any other material or technology requiring 
                such a license or authorization.
                  (B) Distribution of nuclear materials.--The 
                authority of the Atomic Energy Act of 1954 
                shall not be used to distribute any special 
                nuclear material, source material, or byproduct 
                material to Iraq.
                  (C) DOE authorizations.--The Secretary of 
                Energy shall not provide a specific 
                authorization under section 57b. (2) of the 
                Atomic Energy Act of 1954 (42 U.S.C. 
                2077(b)(2)) for any activity that would 
                constitute directly or indirectly engaging in 
                Iraq in activities that require a specific 
                authorization under that section.
          (5) Assistance from international financial 
        institutions.--The United States shall oppose any loan 
        or financial or technical assistance to Iraq by 
        international financial institutions in accordance with 
        section 701 of the International Financial Institutions 
        Act (22 U.S.C. 262d).
          (6) Assistance through the export-import bank.--
        Credits and credit guarantees through the Export-Import 
        Bank of the United States shall be denied to Iraq.
          (7) Assistance through the commodity credit 
        corporation.--Credit, credit guarantees, and other 
        assistance through the Commodity Credit Corporation 
        shall be denied to Iraq.
          (8) Foreign assistance.--All forms of assistance 
        under the Foreign Assistance Act of 1961 (22 U.S.C. 
        2151 and following) other than emergency assistance for 
        medical supplies and other forms of emergency 
        humanitarian assistance, and under the Arms Export 
        Control Act (22 U.S.C. 2751 and following) shall be 
        denied to Iraq.
  (b) Contract Sanctity.--For purposes of the export controls 
imposed pursuant to subsection (a)(3), the date described in 
subsection (m)(1) of section 6 of the Export Administration Act 
of 1979 (50 U.S.C. App. 2405) shall be deemed to be August 1, 
1990.

SEC. 586H. WAIVER AUTHORITY.

  (a) In General.--The President may waive the requirements of 
any paragraph of section 586G(a) if the President makes a 
certification under subsection (b) or subsection (c).
  (b) Certification of Fundamental Changes in Iraqi Policies 
and Actions.--The authority of subsection (a) may be exercised 
60 days after the President certifies to the Congress that--
          (1) the Government of Iraq--
                  (A) * * *
                  (B) * * *
                  (C) does not provide support for 
                international terrorism;

           *       *       *       *       *       *       *

  (c) Certification of Fundamental Changes in Iraqi Leadership 
and Policies.--The authority of subsection (a) may be exercised 
30 days after the President certifies to the Congress that--
          (1) there has been a fundamental change in the 
        leadership of the Government of Iraq; and
          (2) the new Government of Iraq has provided reliable 
        and credible assurance that--
                  (A) * * *
                  (B) * * *
                  (C) it is not and will not provide support 
                for international terrorism; and
                  (D) * * *
  (d) Information To Be Included in Certifications.--Any 
certification under subsection (b) or (c) shall include the 
justification for each determination required by that 
subsection. The certification shall also specify which 
paragraphs of section 586G(a) the President will waive pursuant 
to that certification.

           *       *       *       *       *       *       *


             8. International Narcotics Control Act of 1990

    Partial text of Public Law 101-623 [H.R. 5567], 104 Stat. 3350, 
                       approved November 21, 1990

  AN ACT To authorize international narcotics control activities for 
               fiscal year 1991, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

  (a) \1\ Short Title.--This Act may be cited as the 
``International Narcotics Control Act of 1990''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 2. ECONOMIC ASSISTANCE AND ADMINISTRATION OF JUSTICE PROGRAMS FOR 
                    ANDEAN COUNTRIES.

  (a) * * *
  (b) Administration of Justice Programs.--
          (1) Additional assistance for bolivia, colombia, and 
        peru.-- * * *
          (2) Protection against narco-terrorist attacks.--
        Funds used in accordance with paragraph (1) may be used 
        to provide to Bolivia, Colombia, and Peru, 
        notwithstanding section 660 of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2420; relating to the 
        prohibition on assistance to law enforcement agencies), 
        such assistance as the government of that country may 
        request to provide protection against narco-terrorist 
        attacks on judges, other government officials, and 
        members of the press.

           *       *       *       *       *       *       *


     9. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 1999

  Partial text of section 101(d) of Division A of Public Law 105-277 
         [H.R. 4328], 112 Stat. 2681, approved October 21, 1998

    (d) For programs, projects or activities in the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1999, provided as follows, to be effective 
as if it had been enacted into law as the regular 
appropriations Act:

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1999, and 
for other purposes.

           *       *       *       *       *       *       *


                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

    For expenses necessary to enable the President to carry out 
the provisions of the Foreign Assistance Act of 1961, and for 
other purposes, to remain available until September 30, 1999, 
unless otherwise specified herein, as follows:

           *       *       *       *       *       *       *


Department of State

           *       *       *       *       *       *       *


    nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-terrorism 
and related programs and activities, $198,000,000, to carry out 
the provisions of chapter 8 of part II of the Foreign 
Assistance Act of 1961 for anti-terrorism assistance, section 
504 of the FREEDOM Support Act for the Nonproliferation and 
Disarmament Fund, section 23 of the Arms Export Control Act or 
the Foreign Assistance Act of 1961 for demining activities, the 
clearance of unexploded ordnance, and related activities, 
notwithstanding any other provision of law, including 
activities implemented through nongovernmental and 
international organizations, section 301 of the Foreign 
Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA) and a voluntary 
contribution to the Korean Peninsula Energy Development 
Organization (KEDO), and for a United States contribution to 
the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission: Provided, That the Secretary of State shall inform 
the Committees on Appropriations at least twenty days prior to 
the obligation of funds for the Comprehensive Nuclear Test Ban 
Treaty Preparatory Commission: Provided further, That of this 
amount not to exceed $15,000,000, to remain available until 
expended, may be made available for the Nonproliferation and 
Disarmament Fund, notwithstanding any other provision of law, 
to promote bilateral and multilateral activities relating to 
nonproliferation and disarmament: Provided further, That such 
funds may also be used for such countries other than the New 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of 
the United States to do so: Provided further, That such funds 
shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That of the 
funds appropriated under this heading not less than $35,000,000 
should be made available for demining, clearance of unexploded 
ordnance, and related activities: Provided further, That of the 
funds made available for demining and related activities, not 
to exceed $500,000, in addition to funds otherwise available 
for such purposes, may be used for expenses related to the 
operation and management of the demining program: Provided 
further, That funds appropriated under this heading may be made 
available for the International Atomic Energy Agency only if 
the Secretary of State determines (and so reports to the 
Congress) that Israel is not being denied its right to 
participate in the activities of that Agency.

           *       *       *       *       *       *       *


TITLE V--GENERAL PROVISIONS

           *       *       *       *       *       *       *


       prohibition on bilateral assistance to terrorist countries

    Sec. 528.\1\ (a) Notwithstanding any other provision of 
law, funds appropriated for bilateral assistance under any 
heading of this Act and funds appropriated under any such 
heading in a provision of law enacted prior to enactment of 
this Act, shall not be made available to any country which the 
President determines--
---------------------------------------------------------------------------
    \1\ Sec. 576 of the Foreign Assistance Appropriations Act, 1988, 
first enacted a ``Prohibition on Bilateral Assistance to Terrorist 
Countries''. Sec. 564 of the Foreign Assistance Appropriations Act, 
1990, substantially reworded this prohibition, providing the criteria 
for restriction, and the requirement for Presidential determination and 
waiver.
    See also sec. 620A of the Foreign Assistance Act of 1961, sec. 40 
of the Arms Export Control Act (this volume), and sec. 6(j) of the 
Export Administration Act (Sec. E, this volume).
---------------------------------------------------------------------------
          (1) grants sanctuary from prosecution to any 
        individual or group which has committed an act of 
        international terrorism, or
          (2) otherwise supports international terrorism.
    (b) The President may waive the application of subsection 
(a) to a country if the President determines that national 
security or humanitarian reasons justify such waiver. The 
President shall publish each waiver in the Federal Register 
and, at least fifteen days before the waiver takes effect, 
shall notify the Committees on Appropriations of the waiver 
(including the justification for the waiver) in accordance with 
the regular notification procedures of the Committees on 
Appropriations.

           *       *       *       *       *       *       *


                          special authorities

    Sec. 540. (a) * * *

           *       *       *       *       *       *       *

    (d) \2\ (1) Waiver.--The President may waive the provisions 
of section 1003 of Public Law 100-204 if the President 
determines and certifies in writing to the Speaker of the House 
of Representatives and the President pro tempore of the Senate 
that it is important to the national security interests of the 
United States.
---------------------------------------------------------------------------
    \2\ In a memorandum of November 25, 1998, for the Secretary of 
State, the President ``determine[d] and certif[ied] that it is 
important to the national security interests of the United States to 
waive the provisions of section 1003 of the Anti-Terrorism Act of 1987, 
Public Law 100-204, through May 24, 1999.'' (Presidential Determination 
No. 99-5; 63 F.R. 68145).
    Sec. 3 of the Middle East Peace Facilitation Act of 1993, as 
amended (Public Law 103-125; 107 Stat. 1309), authorized the President 
to suspend certain provisions of law as they applied to the P.L.O. or 
entities associated with it if certain conditions were met and the 
President so certified and consulted with relevant congressional 
committees. This authority was continued in the Middle East Peace 
Facilitation Act of 1994 (part E of Public Law 103-236) and the Middle 
East Peace Facilitation Act of 1995 (title VI of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1996; Public Law 104-107).
    New authority to waive certain provisions was continued in general 
provisions of this Act; see also secs. 552, 556, 566, and 584.
    The President issued such a certification in Presidential 
Determination No. 94-13 of January 14, 1994 (59 F.R. 4777), which was 
extended until January 1, 1995, by Presidential Determination No. 94-30 
of June 30, 1994 (59 F.R. 35607); until July 1, 1995, by Presidential 
Determination No. 95-12 of December 31, 1994 (60 F.R. 2673); until 
August 15, 1995, by Presidential Determination No. 95-31 of July 2, 
1995 (60 F.R. 35827); until October 1, 1995, by Presidential 
Determination No. 95-36 of August 14, 1995 (60 F.R. 44725); until 
November 1, 1995, by Presidential Determination No. 95-50 of September 
30, 1995 (60 F.R. 53093); until December 31, 1995, by Presidential 
Determination No. 96-5 of November 13, 1995 (60 F.R. 57821); until 
March 31, 1996, by Presidential Determination No. 96-8 of January 4, 
1996 (61 F.R. 2889); until June 15, 1996, by Presidential Determination 
No. 96-20 of April 1, 1996 (61 F.R. 26019); until August 12, 1996, by 
Presidential Determination No. 96-32 of June 14, 1996 (61 F.R. 32629); 
until February 12, 1997, by Presidential Determination No. 96-41 of 
August 12, 1996 (61 F.R. 43137); until August 12, 1997, by Presidential 
Determination No. 97-17 of February 21, 1997 (62 F.R. 9903); through 
June 4, 1998, by Presidential Determination No. 98-8 of December 5, 
1997 (62 F.R. 66255); through November 26, 1998, by Presidential 
Determination No. 98-29 of June 3, 1998 (63 F.R. 32711); and through 
May 24, 1999, by Presidential Determination No. 99-5 of November 25, 
1998 (63 F.R. 68145).
---------------------------------------------------------------------------
    (2) Period of Application of Waiver.--Any waiver pursuant 
to paragraph (1) shall be effective for no more than a period 
of six months at a time and shall not apply beyond twelve 
months after enactment of this Act.

           *       *       *       *       *       *       *


                       eligibility for assistance

    Sec. 543.\3\ (a) Assistance Through Nongovernmental 
Organizations.--Restrictions contained in this or any other Act 
with respect to assistance for a country shall not be construed 
to restrict assistance in support of programs of 
nongovernmental organizations from funds appropriated by this 
Act to carry out the provisions of chapters 1, 10, and 11 of 
part I and chapter 4 of part II of the Foreign Assistance Act 
of 1961, and from funds appropriated under the heading 
``Assistance for Eastern Europe and the Baltic States'': 
Provided, That the President shall take into consideration, in 
any case in which a restriction on assistance would be 
applicable but for this subsection, whether assistance in 
support of programs of nongovernmental organizations is in the 
national interest of the United States: Provided further, That 
before using the authority of this subsection to furnish 
assistance in support of programs of nongovernmental 
organizations, the President shall notify the Committees on 
Appropriations under the regular notification procedures of 
those committees, including a description of the program to be 
assisted, the assistance to be provided, and the reasons for 
furnishing such assistance: Provided further, That nothing in 
this subsection shall be construed to alter any existing 
statutory prohibitions against abortion or involuntary 
sterilizations contained in this or any other Act.
---------------------------------------------------------------------------
    \3\ Similar language was first enacted in sec. 562 of the Foreign 
Assistance Appropriations Act, 1993.
---------------------------------------------------------------------------
    (b) Public Law 480.--During fiscal year 1999, restrictions 
contained in this or any other Act with respect to assistance 
for a country shall not be construed to restrict assistance 
under the Agricultural Trade Development and Assistance Act of 
1954: Provided, That none of the funds appropriated to carry 
out title I of such Act and made available pursuant to this 
subsection may be obligated or expended except as provided 
through the regular notification procedures of the Committees 
on Appropriations.
    (c) Exception.--This section shall not apply--
          (1) with respect to section 620A of the Foreign 
        Assistance Act or any comparable provision of law 
        prohibiting assistance to countries that support 
        international terrorism; or
          (2) with respect to section 116 of the Foreign 
        Assistance Act of 1961 or any comparable provision of 
        law prohibiting assistance to countries that violate 
        internationally recognized human rights.

           *       *       *       *       *       *       *


  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

    Sec. 551.\4\ (a) None of the funds appropriated or 
otherwise made available by this Act may be available to any 
foreign government which provides lethal military equipment to 
a country the government of which the Secretary of State has 
determined is a terrorist government for purposes of section 
40(d) of the Arms Export Control Act or any other comparable 
provision of law. The prohibition under this section with 
respect to a foreign government shall terminate 12 months after 
that government ceases to provide such military equipment. This 
section applies with respect to lethal military equipment 
provided under a contract entered into after October 1, 1997.
---------------------------------------------------------------------------
    \4\ Similar language was first enacted as sec. 573 of the Foreign 
Assistance Appropriations Act, 1994. See also sec. 620A of the Foreign 
Assistance Act of 1961.
---------------------------------------------------------------------------
    (b) Assistance restricted by subsection (a) or any other 
similar provision of law, may be furnished if the President 
determines that furnishing such assistance is important to the 
national interests of the United States.
    (c) Whenever the waiver of subsection (b) is exercised, the 
President shall submit to the appropriate congressional 
committees a report with respect to the furnishing of such 
assistance. Any such report shall include a detailed 
explanation of the assistance estimated to be provided, 
including the estimated dollar amount of such assistance, and 
an explanation of how the assistance furthers United States 
national interests.

           *       *       *       *       *       *       *


                  special debt relief for the poorest

    Sec. 559. (a) \5\ Authority To Reduce Debt.--The President 
may reduce amounts owed to the United States (or any agency of 
the United States) by an eligible country as a result of--
---------------------------------------------------------------------------
    \5\ In a memorandum of July 8, 1996, the President delegated to the 
Secretary of the Treasury, in consultation with the Secretaries of 
State and Defense, the functions, authorities, and duties conferred on 
the President by sec. 570(a) of this Act, sec. 561(a) of Public Law 
103-306, and any similar subsequent provision of law (61 F.R. 38563).
---------------------------------------------------------------------------
          (1) guarantees issued under sections 221 and 222 of 
        the Foreign Assistance Act of 1961;
          (2) credits extended or guarantees issued under the 
        Arms Export Control Act; or
          (3) any obligation or portion of such obligation for 
        a Latin American country, to pay for purchases of 
        United States agricultural commodities guaranteed by 
        the Commodity Credit Corporation under export credit 
        guarantee programs authorized pursuant to section 5(f ) 
        of the Commodity Credit Corporation Charter Act of June 
        29, 1948, as amended, section 4(b) of the Food for 
        Peace Act of 1966, as amended (Public Law 89-808), or 
        section 202 of the Agricultural Trade Act of 1978, as 
        amended (Public Law 95-501).
    (b) Limitations.--
          (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt 
        relief and referendum agreements, commonly referred to 
        as ``Paris Club Agreed Minutes''.
          (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is 
        provided in advance by appropriations Acts.
          (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy 
        debt burdens that are eligible to borrow from the 
        International Development Association, but not from the 
        International Bank for Reconstruction and Development, 
        commonly referred to as ``IDA-only'' countries.
    (c) Conditions.--The authority provided by subsection (a) 
may be exercised only with respect to a country whose 
government--
          (1) does not have an excessive level of military 
        expenditures;
          (2) has not repeatedly provided support for acts of 
        international terrorism;
          (3) is not failing to cooperate on international 
        narcotics control matters;
          (4) (including its military or other security forces) 
        does not engage in a consistent pattern of gross 
        violations of internationally recognized human rights; 
        and
          (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995.
    (d) Availability of Funds.--The authority provided by 
subsection (a) may be used only with regard to funds 
appropriated by this Act under the heading ``Debt restructuring 
''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) shall not be considered assistance 
for purposes of any provision of law limiting assistance to a 
country. The authority provided by subsection (a) may be 
exercised notwithstanding section 620(r) of the Foreign 
Assistance Act of 1961.

           *       *       *       *       *       *       *


                    sense of congress regarding iran

    Sec. 586. (a) The Congress finds that--
          (1) according to the Department of State, Iran 
        continues to support international terrorism, providing 
        training, financing, and weapons to such terrorist 
        groups as Hizballah, Islamic Jihad and Hamas;
          (2) Iran continues to oppose the Arab-Israeli peace 
        process and refuses to recognize Israel's right to 
        exist;
          (3) Iran continues aggressively to seek weapons of 
        mass destruction and the missiles to deliver them;
          (4) it is long-standing United States policy to offer 
        official government-to-government dialogue with the 
        Iranian regime, such offers having been repeatedly 
        rebuffed by Tehran;
          (5) more than a year after the election of President 
        Khatemi, Iranian foreign policy continues to threaten 
        American security and that of our allies in the Middle 
        East; and
          (6) despite repeated offers and tentative steps 
        toward rapprochement with Iran by the Clinton 
        Administration, including a decision to waive sanctions 
        under the Iran-Libya Sanctions Act and the President's 
        veto of the Iran Missile Proliferation Sanctions Act, 
        Iran has failed to reciprocate in a meaningful manner.
    (b) Therefore it is the sense of the Congress that--
          (1) the Administration should make no concessions to 
        the Government of Iran unless and until that government 
        moderates its objectionable policies, including taking 
        steps to end its support of international terrorism, 
        opposition to the Middle East peace process, and the 
        development and proliferation of weapons of mass 
        destruction and their means of delivery; and
          (2) there should be no change in United States policy 
        toward Iran until there is credible and sustained 
        evidence of a change in Iranian policies.

           *       *       *       *       *       *       *


                    national commission on terrorism

    Sec. 591. (a) Establishment of National Commission on 
Terrorism.--
          (1) Establishment.--There is established a national 
        commission on terrorism to review counter-terrorism 
        policies regarding the prevention and punishment of 
        international acts of terrorism directed at the United 
        States. The commission shall be known as ``The National 
        Commission on Terrorism''.
          (2) Composition.--The commission shall be composed of 
        10 members appointed as follows:
                  (A) Three members shall be appointed by the 
                Majority Leader of the Senate.
                  (B) Three members shall be appointed by the 
                Speaker of the House of Representatives.
                  (C) Two members shall be appointed by the 
                Minority Leader of the Senate.
                  (D) Two members shall be appointed by the 
                Minority Leader of the House of 
                Representatives.
                  (E) The appointments of the members of the 
                commission should be made no later than 3 
                months after the date of the enactment of this 
                Act.
          (3) Qualifications.--The members should have a 
        knowledge and expertise in matters to be studied by the 
        commission.
          (4) Chair.--The Speaker of the House of 
        Representatives, after consultation with the majority 
        leader of the Senate and the minority leaders of the 
        House of Representatives and the Senate, shall 
        designate one of the members of the Commission to serve 
        as chair of the Commission.
          (5) Period of appointment: vacancies.--Members shall 
        be appointed for the life of the Commission. Any 
        vacancy in the Commission shall be filled in the same 
        manner as the original appointment.
          (6) Security clearances.--All Members of the 
        Commission should hold appropriate security clearances.
    (b) Duties.--
          (1) In general.--The commission shall consider issues 
        relating to international terrorism directed at the 
        United States as follows:
                  (A) Review the laws, regulations, policies, 
                directives, and practices relating to 
                counterterrorism in the prevention and 
                punishment of international terrorism directed 
                towards the United States.
                  (B) Assess the extent to which laws, 
                regulations, policies, directives, and 
                practices relating to counterterrorism have 
                been effective in preventing or punishing 
                international terrorism directed towards the 
                United States. At a minimum, the assessment 
                should include a review of the following:
                          (i) Evidence that terrorist 
                        organizations have established an 
                        infrastructure in the western 
                        hemisphere for the support and conduct 
                        of terrorist activities.
                          (ii) Executive branch efforts to 
                        coordinate counterterrorism activities 
                        among Federal, State, and local 
                        agencies and with other nations to 
                        determine the effectiveness of such 
                        coordination efforts.
                          (iii) Executive branch efforts to 
                        prevent the use of nuclear, biological, 
                        and chemical weapons by terrorists.
                  (C) Recommend changes to counterterrorism 
                policy in preventing and punishing 
                international terrorism directed toward the 
                United States.
          (2) Report.--Not later than 6 months after the date 
        on which the Commission first meets, the Commission 
        shall submit to the President and the Congress a final 
        report of the findings and conclusions of the 
        commission, together with any recommendations.
    (c) Administrative Matters.--
          (1) Meetings.--
                  (A) The commission shall hold its first 
                meeting on a date designated by the Speaker of 
                the House which is not later than 30 days after 
                the date on which all members have been 
                appointed.
                  (B) After the first meeting, the commission 
                shall meet upon the call of the chair.
                  (C) A majority of the members of the 
                commission shall constitute a quorum, but a 
                lesser number may hold meetings.
          (2) Authority of individuals to act for commission.--
        Any member or agent of the commission may, if 
        authorized by the commission, take any action which the 
        commission is authorized to take under this section.
          (3) Powers.--
                  (A) The commission may hold such hearings, 
                sit and act at such times and places, take such 
                testimony, and receive such evidence as the 
                commission considers advisable to carry out its 
                duties.
                  (B) The commission may secure directly from 
                any agency of the Federal Government such 
                information as the commission considers 
                necessary to carry out its duties. Upon the 
                request of the chair of the commission, the 
                head of a department or agency shall furnish 
                the requested information expeditiously to the 
                commission.
                  (C) The commission may use the United States 
                mails in the same manner and under the same 
                conditions as other departments and agencies of 
                the Federal Government.
          (4) Pay and expenses of commission members.--
                  (A) Subject to appropriations, each member of 
                the commission who is not an employee of the 
                government shall be paid at a rate not to 
                exceed the daily equivalent of the annual rate 
                of basic pay prescribed for level IV of the 
                Executive Schedule under section 5315 of title 
                5, United States Code, for each day (including 
                travel time) during which such member is 
                engaged in performing the duties of the 
                commission.
                  (B) Members and personnel for the commission 
                may travel on aircraft, vehicles, or other 
                conveyances of the Armed Forces of the United 
                States when travel is necessary in the 
                performance of a duty of the commission except 
                when the cost of commercial transportation is 
                less expensive.
                  (C) The members of the commission may be 
                allowed travel expenses, including per diem in 
                lieu of subsistence, at rates authorized for 
                employees of agencies under subchapter I of 
                chapter 57 of title 5, United States Code, 
                while away from their homes or regular places 
                of business in the performance of services for 
                the commission.
                  (D)(i) A member of the commission who is an 
                annuitant otherwise covered by section 8344 or 
                8468 of title 5, United States Code, by reason 
                of membership on the commission shall not be 
                subject to the provisions of such section with 
                respect to membership on the commission.
                  (ii) A member of the commission who is a 
                member or former member of a uniformed service 
                shall not be subject to the provisions of 
                subsections (b) and (c) of section 5532 of such 
                title with respect to membership on the 
                commission.
          (5) Staff and administrative support.--
                  (A) The chairman of the commission may, 
                without regard to civil service laws and 
                regulations, appoint and terminate an executive 
                director and up to three additional staff 
                members as necessary to enable the commission 
                to perform its duties. The chairman of the 
                commission may fix the compensation of the 
                executive director and other personnel without 
                regard to the provisions of chapter 51, and 
                subchapter III of chapter 53, of title 5, 
                United States Code, relating to classification 
                of positions and General Schedule pay rates, 
                except that the rate of pay may not exceed the 
                maximum rate of pay for GS-15 under the General 
                Schedule.
                  (B) Upon the request of the chairman of the 
                commission, the head of any department or 
                agency of the Federal Government may detail, 
                without reimbursement, any personnel of the 
                department or agency to the commission to 
                assist in carrying out its duties. The detail 
                of an employee shall be without interruption or 
                loss of civil service status or privilege.
    (d) Termination of Commission.--The commission shall 
terminate 30 days after the date on which the commission 
submits a final report.
    (e) Funding.--There are authorized to be appropriated such 
sums as may be necessary to carry out the provisions of this 
section.

           *       *       *       *       *       *       *


    sense of congress regarding the trial in the netherlands of the 
         suspects indicted in the bombing of pan am flight 103

    Sec. 596. (a) Findings.--Congress makes the following 
findings:
          (1) On December 21, 1988, 270 people, including 189 
        United States citizens, were killed in a terrorist 
        bombing on Pan Am Flight 103 over Lockerbie, Scotland.
          (2) Britain and the United States indicted 2 Libyan 
        intelligence agents--Abdel Basset Al-Megrahi and Lamen 
        Khalifa Fhimah--in 1991 and sought their extradition 
        from Libya to the United States or the United Kingdom 
        to stand trial for this heinous terrorist act.
          (3) The United Nations Security Council called for 
        the extradition of the suspects in Security Council 
        Resolution 731 and imposed sanctions on Libya in 
        Security Council Resolutions 748 and 883 because Libyan 
        leader, Colonel Muammar Qadhafi, refused to transfer 
        the suspects to either the United States or the United 
        Kingdom to stand trial.
          (4) The sanctions in Security Council Resolutions 748 
        and 883 include a worldwide ban on Libya's national 
        airline, a ban on flights into and out of Libya by 
        other nations' airlines, a prohibition on supplying 
        arms, airplane parts, and certain oil equipment to 
        Libya, and a freeze on Libyan government funds in other 
        countries.
          (5) Colonel Qadhafi has continually refused to 
        extradite the suspects to either the United States or 
        the United Kingdom and has insisted that he will only 
        transfer the suspects to a third and neutral country to 
        stand trial.
          (6) On August 24, 1998, the United States and the 
        United Kingdom proposed that Colonel Qadhafi transfer 
        the suspects to the Netherlands, where they would stand 
        trial before a Scottish court, under Scottish law, and 
        with a panel of Scottish judges.
          (7) The United States-United Kingdom proposal is 
        consistent with those previously endorsed by the 
        Organization of African Unity, the League of Arab 
        States, the Non-Aligned Movement, and the Islamic 
        Conference.
          (8) The United Nations Security Council endorsed the 
        United States-United Kingdom proposal on August 27, 
        1998, in United Nations Security Council Resolution 
        1192.
          (9) The United States Government has stated that this 
        proposal is nonnegotiable and has called on Colonel 
        Qadhafi to respond promptly, positively, and 
        unequivocally to this proposal by ensuring the timely 
        appearance of the two accused individuals in the 
        Netherlands for trial before the Scottish court.
          (10) The United States Government has called on Libya 
        to ensure the production of evidence, including the 
        presence of witnesses before the court, and to comply 
        fully with all the requirements of the United Nations 
        Security Council resolutions.
          (11) Secretary of State Albright has said that the 
        United States will urge a multilateral oil embargo 
        against Libya in the United Nations Security Council if 
        Colonel Muammar Qadhafi does not transfer the suspects 
        to The Netherlands to stand trial.
          (12) The United Nations Security Council will convene 
        on October 30, 1998, to review sanctions imposed on 
        Libya.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) Colonel Qadhafi should promptly transfer the 
        indicted suspects Abdel Basset Al-Megrahi and Lamen 
        Khalifa Fhimah to The Netherlands to stand trial before 
        the Scottish court;
          (2) the United States Government should remain firm 
        in its commitment not to negotiate with Colonel Qadhafi 
        on any of the details of the proposal approved by the 
        United Nations in United Nations Security Council 
        Resolution 1192; and
          (3) if Colonel Qadhafi does not transfer the indicted 
        suspects Abdel Basset Al-Megrahi and Lamen Khalifa 
        Fhimah to The Netherlands by October 29, 1998, the 
        United States Permanent Representative to the United 
        Nations should--
                  (A) introduce a resolution in the United 
                Nations Security Council to impose a 
                multilateral oil embargo against Libya;
                  (B) actively promote adoption of the 
                resolution by the United Nations Security 
                Council; and
                  (C) assure that a vote will occur in the 
                United Nations Security Council on such a 
                resolution.

           *       *       *       *       *       *       *

    This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1999''.

           10. Department of Justice Appropriations Act, 1999

Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency 
 Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681-50, 
approved October 21, 1998

           *       *       *       *       *       *       *


    Sec. 101. * * *
    (b) For programs, projects or activities in the Departments 
of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1999, provided as follows, to be 
effective as if it had been enacted into law as the regular 
appropriations Act:

AN ACT Making appropriations for the Departments of Commerce, Justice, 
  and State, the Judiciary, and related agencies for the fiscal year 
           ending September 30, 1999, and for other purposes.

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

salaries and expenses

           *       *       *       *       *       *       *


                         counterterrorism fund

    For necessary expenses, as determined by the Attorney 
General, $10,000,000, to remain vailable until expended, to 
reimburse any Department of Justice organization for (1) the 
costs incurred in establishing the operational capability of an 
office or facility which has been damaged or destroyed as a 
result of any domestic or international terrorist incident; (2) 
the costs of providing support to counter, investigate or 
prosecute domestic or international terrorism, including 
payment of rewards in connection with these activities; (3) the 
costs of conducting a terrorism threat assessment of Federal 
agencies and their facilities; (4) the costs associated with 
ensuring the continuance of essential Government functions 
during a time of emergency;and (5) the costs of activities 
related to the protection of the Nation's critical 
infrastructure: Provided, That any Federal agency may be 
reimbursed for the costs of detaining in foreign countries 
individuals accused of acts of terrorism that violate the laws 
of the United States: Provided further, That funds provided 
under this paragraph shall be available only after the Attorney 
General notifies the Committees on Appropriations of the House 
of Representatives and the Senate in accordance with section 
605 of this Act.
    In addition, for necessary expenses, as determined by the 
Attorney General, $135,000,000, to remain available until 
expended, to reimburse or transfer to agencies of the 
Department of Justice for any costs incurred in connection 
with: (1) providing bomb training and response capabilities to 
State and local law enforcement agencies; (2) providing 
training and related equipment for chemical, biological, 
nuclear, and cyber attack prevention and response capabilities 
for States, cities, territories, and local jurisdictions; and 
(3) providing grants, contracts, cooperative agreements, and 
other assistance authorized by sections 819, 821, and 822 of 
the Antiterrorism and Effective Death Penalty Act of 1996: 
Provided, That such funds transferred to the Office of Justice 
Programs may include amounts for management and administration, 
which shall be transferred to and merged with the ``Justice 
Assistance'' account.

           *       *       *       *       *       *       *


                    Federal Bureau of Investigation

                         salaries and expenses

    For necessary expenses of the Federal Bureau of 
Investigation for detection, investigation, and prosecution of 
crimes against the United States; including purchase for 
police-type use of not to exceed 2,668 passenger motor 
vehicles, of which 2,000 will be for replacement only, without 
regard to the general purchase price limitation for the current 
fiscal year, and hire of passenger motor vehicles; acquisition, 
lease, maintenance, and operation of aircraft; and not to 
exceed $70,000 to meet unforeseen emergencies of a confidential 
character, to be expended under the direction of, and to be 
accounted for solely under the certificate of, the Attorney 
General, $2,746,805,000; of which not to exceed $50,000,000 for 
automated data processing and telecommunications and technical 
investigative equipment and not to exceed $1,000,000 for 
undercover operations shall remain available until September 
30, 2000; of which not less than $292,473,000 shall be for 
counterterrorism investigations, foreign counterintelligence, 
and other activities related to our national security; of which 
not to exceed $61,800,000 shall remain available until 
expended; of which not to exceed $10,000,000 is authorized to 
be made available for making advances for expenses arising out 
of contractual or reimbursable agreements with State and local 
law enforcement agencies while engaged in cooperative 
activities related to violent crime, terrorism, organized 
crime, and drug investigations; and of which $1,500,000 shall 
be available to maintain an independent program office 
dedicated solely to the automation of fingerprint 
identification services: Provided, That not to exceed $45,000 
shall be available for official reception and representation 
expenses: Provided further, That no funds in this Act may be 
used to provide ballistics imaging equipment to any State or 
local authority which has obtained similar equipment through a 
Federal grant or subsidy unless the State or local authority 
agrees to return that equipment or to repay that grant or 
subsidy to the Federal Government.
    In addition, $223,356,000 for such purposes, to remain 
available until expended, to be derived from the Violent Crime 
Reduction Trust Fund, as authorized by the Violent Crime 
Control and Law Enforcement Act of 1994, as amended, and the 
Antiterrorism and Effective Death Penalty Act of 1996.

           *       *       *       *       *       *       *

    Sec. 115. (a)(1) Notwithstanding any other provision of 
law, for fiscal year 1999, the Attorney General may obligate 
any funds appropriated for or reimbursed to the 
Counterterrorism programs, projects or activities of the 
Department of Justice to purchase or lease equipment or any 
related items, or to acquire interim services, without regard 
to any otherwise applicable Federal acquisition rule, if the 
Attorney General determines that--
          (A) there is an exigent need for the equipment, 
        related items, or services in order to support an 
        ongoing counterterrorism, national security, or 
        computercrime investigation or prosecution;
          (B) the equipment, related items, or services 
        required are not available within the Department of 
        Justice; and
          (C) adherence to that Federal acquisition rule 
        would--
                  (i) delay the timely acquisition of the 
                equipment, related items, or services; and
                  (ii) adversely affect an ongoing 
                counterterrorism, national security, or 
                computercrime investigation or prosecution.
    (2) In this subsection, the term ``Federal acquisition 
rule'' means any provision of title II or IX of the Federal 
Property and Administrative Services Act of 1949, the Office of 
Federal Procurement Policy Act, the Small Business Act, the 
Federal Acquisition Regulation, or any other provision of law 
or regulation that establishes policies, procedures, 
requirements, conditions, or restrictions for procurements by 
the head of a department or agency or the Federal Government.
    (b) The Attorney General shall immediately notify the 
Committees on Appropriations of the House of Representatives 
and the Senate in writing of each expenditure under subsection 
(a), which notification shall include sufficient information to 
explain the circumstances necessitating the exercise of the 
authority under that subsection.

           *       *       *       *       *       *       *

    This title may be cited as the ``Department of Justice 
Appropriations Act, 1999''.

     11. Emergency Supplemental Appropriations for Fiscal Year 1999

Title II of division B of Public Law 105-277 [Omnibus Consolidated and 
 Emergency Supplemental Appropriations Act for Fiscal Year 1999; H.R. 
          4328], 112 Stat. 2681-565, approved October 21, 1998

DIVISION B--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

           *       *       *       *       *       *       *


                        TITLE II--ANTITERRORISM

                               CHAPTER 1

                         DEPARTMENT OF JUSTICE

                    Federal Bureau of Investigation

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$21,680,000, to remain available until expended: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Diplomatic 
and Consular Programs'', $773,700,000, to remain available 
until expended, of which $25,700,000 shall be available only to 
the extent that an official budget request that includes the 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided, That as determined by the 
Secretary of State, such funds may be used to procure services 
and equipment overseas necessary to improve worldwide security 
and reconstitute embassy operations in Kenya and Tanzania on 
behalf of any other agency: Provided further, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                         salaries and expenses

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Salaries 
and Expenses'', $12,000,000, to remain available until 
expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                      office of inspector general

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Office of 
Inspector General'', $1,000,000, to remain available until 
expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

           security and maintenance of united states missions

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Security 
and Maintenance of United States Missions'', $627,000,000, to 
remain available until expended; of which $56,000,000 is for 
security projects, relocations, and security equipment on 
behalf of missions of other U.S. Government agencies, which 
amount may be transferred to any appropriation for this 
purpose, to be merged with and available for the same time 
period as the appropriation to which transferred; and of which 
$185,000,000 is for capital improvements or relocation of 
office and residential facilities to improve security, which 
amount shall become available fifteen days after notice thereof 
has been transmitted to the Appropriations Committees of both 
Houses of Congress: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

           emergencies in the diplomatic and consular service

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Emergencies 
in the Diplomatic and Consular Service'', $10,000,000, to 
remain available until expended: Provided, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER 2

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

    For an additional amount for ``Operation and Maintenance, 
Defense- Wide'', $358,427,000, to remain available for 
obligation until expended: Provided, That the Secretary of 
Defense may transfer these funds to fiscal year 1999 
appropriations for operation and maintenance; procurement; 
research, development, test and evaluation; and family housing: 
Provided further, That the funds transferred shall be merged 
with and be available for the same purposes and for the same 
time period as the appropriation to which transferred: Provided 
further, That the transfer authority provided under this 
heading is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That 
the entire amount made available under this heading is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
the entire amount shall be available only to the extent that an 
official budget request for $358,427,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 201.\1\ Maintenance and Operation of Equipment. * * *
---------------------------------------------------------------------------
    \1\ Sec. 201 amended sec. 374 of title 10, United States Code. See 
sec. D.1 of this publication for text..
---------------------------------------------------------------------------

                     (including transfer of funds)

    Sec. 202. In addition to amounts appropriated or otherwise 
made available in the Department of Defense Appropriations Act, 
1999, $50,000,000 is hereby appropriated, only to initiate and 
expand activities of the Department of Defense to prevent, 
prepare for, and respond to a terrorist attack in the United 
States involving weapons of mass destruction: Provided, That 
$35,000,000 of the funds made available in this section shall 
be transferred to the following accounts in the specified 
amounts:
          ``National Guard Personnel, Army'', $4,000,000;
          ``National Guard Personnel, Air Force'', $1,000,000;
          ``Operation and Maintenance, Army'', $2,000,000;
          ``Operation and Maintenance, Army National Guard'', 
        $20,000,000; and
          ``Procurement, Defense-Wide'', $8,000,000:
Provided further, That of the funds made available in this 
section, $15,000,000 shall be transferred to ``Research, 
Development, Test and Evaluation, Army'', only to develop and 
support a long term, sustainable Weapons of Mass Destruction 
emergency preparedness training program: Provided further, That 
funds transferred pursuant to this section shall be merged with 
and be available for the same purposes and for the same time 
period as the appropriation to which transferred: Provided 
further, That the transfer authority provided in this section 
is in addition to any other transfer authority available to the 
Department of Defense: Provided further, That the entire amount 
provided in this section is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That the entire amount shall be 
available only to the extent that an official budget request 
for $50,000,000, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress.
    Sec. 203. In addition to amounts appropriated or otherwise 
made available in the Department of Defense Appropriations Act, 
1999, $120,500,000, to remain available for obligation until 
expended, is appropriated to the proper accounts within the 
Department of the Air Force: Provided, That the additional 
amount shall be made available only for the provision of crisis 
response aviation support for critical national security, law 
enforcement and emergency response agencies: Provided further, 
That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That the entire amount shall be 
available only to the extent that an official budget request 
for $120,500,000, that includes designation of the entire 
amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended, is transmitted by the President to the Congress: 
Provided further, That the President of the United States shall 
submit to the Congress by March 15, 1999, an interagency 
agreement for the utilization of Department of Defense assets 
to support the crisis response requirements of the Federal 
Bureau of Investigation and the Federal Emergency Management 
Agency.

                               CHAPTER 3

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   International Security Assistance

                         economic support fund

                     (including transfer of funds)

    Notwithstanding section 10 of Public Law 91-672, for an 
additional amount for ``Economic Support Fund'' for assistance 
for Kenya and Tanzania, $50,000,000, to remain available until 
September 30, 2000: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further, That 
funds appropriated under this paragraph may be made available 
for administrative costs associated with assistance provided 
under this paragraph: Provided further, That $2,500,000 shall 
be transferred to and merged with ``Operating Expenses of the 
Agency for International Development'' for security and related 
expenses: Provided further, That $1,269,000 shall be 
transferred to and merged with ``Peace Corps'' for security and 
related expenses: Provided further, That the transfers 
authorized in the preceding provisos shall be in addition to 
sums otherwise available for such purposes: Provided further, 
That funds appropriated under this paragraph shall only be 
available through the regular notification procedures of the 
Committees on Appropriations.

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956 and section 10 of Public Law 91-672, 
for an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'' for anti-terrorism 
assistance, $20,000,000, to remain available until September 
30, 2000: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                         National Park Service

                 operation of the national park system

    For an additional amount for ``Operation of the National 
Park System'' for emergency security related expenses, 
$2,320,000, to remain available until expended: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                              construction

    For an additional amount for ``Construction'' for emergency 
security related expenses, $3,680,000, to remain available 
until expended: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                               CHAPTER 5

                        ARCHITECT OF THE CAPITOL

                         Capitol Visitor Center

    For necessary expenses for the planning, engineering, 
design, and construction, as each such milestone is approved by 
the Committee on Rules and Administration of the Senate, the 
Committee on House Oversight of the House of Representatives, 
the Committees on Appropriations of the House of 
Representatives and of the Senate, and other appropriate 
committees of the House of Representatives and of the Senate, 
of a new facility to provide greater security for all persons 
working in or visiting the United States Capitol and to enhance 
the educational experience of those who have come to learn 
about the Capitol building and Congress, $100,000,000, to be 
supplemented by private funds, which shall remain available 
until expended: Provided, That Section 3709 of the Revised 
Statutes of the United States (41 U.S.C. 5) shall not apply to 
the funds made available under this heading: Provided further, 
That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                          CAPITOL POLICE BOARD

                         Security Enhancements

    For the Capitol Police Board for security enhancements to 
the Capitol complex, including the buildings and grounds of the 
Library of Congress, $106,782,000, to remain available until 
expended: Provided, That such security enhancements shall be 
carried out in accordance with a plan or plans approved by the 
Committee on House Oversight of the House of Representatives, 
the Committee on Rules and Administration of the Senate, the 
Committee on Appropriations of the House of Representatives, 
and the Committee on Appropriations of the Senate: Provided 
further, That the Capitol Police Board shall transfer to the 
Architect of the Capitol such portion of the funds made 
available under this heading as the Architect may require for 
expenses necessary to provide support for the security 
enhancements, subject to the approval of the Committee on 
Appropriations of the House of Representatives and the 
Committee on Appropriations of the Senate: Provided further, 
That the Capitol Police Board shall transfer to the Librarian 
of Congress such portion of the funds made available under this 
heading as the Librarian may require for expenses necessary to 
provide support for the security enhancements, subject to the 
approval of the Committee on Appropriations of the House of 
Representatives and the Committee on Appropriations of the 
Senate: Provided further, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                    GENERAL PROVISION, THIS CHAPTER

    The responsibility for design, installation, and 
maintenance of security systems to protect the physical 
security of the buildings and grounds of the Library of 
Congress is transferred from the Architect of the Capitol to 
the Capitol Police Board. Such design, installation, and 
maintenance shall be carried out under the direction of the 
Committee on House Oversight of the House of Representatives 
and the Committee on Rules and Administration of the Senate, 
and without regard to section 3709 of the Revised Statutes of 
the United States (41 U.S.C. 5). Any alteration to a 
structural, mechanical, or architectural feature of the 
buildings and grounds of the Library of Congress that is 
required for a security system under the preceding sentence may 
be carried out only with the approval of the Architect of the 
Capitol.

                               CHAPTER 6

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                        facilities and equipment

                    (airport and airway trust fund)

    For an additional amount for ``Facilities and Equipment'', 
$100,000,000, for necessary expenses for acquisition, 
installation and related activities supporting the deployment 
of bulk and trace explosives detection systems and other 
advanced security equipment at airports in the United States, 
to remain available until September 30, 2001: Provided, That 
the entire amount shall be available only to the extent an 
official budget request for a specific dollar amount that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress: Provided further, 
That the entire amount is designated as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                               CHAPTER 7

                       DEPARTMENT OF THE TREASURY

                Federal Law Enforcement Training Center

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$3,548,000, to remain available until expended: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                      United States Secret Service

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$80,808,000, to remain available until expended: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

    12. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 1997

Partial text of Public Law 104-208 [Omnibus Consolidated Appropriations 
Act, 1997; H.R. 3610], 110 Stat. 3009, approved September 30, 1996

           *       *       *       *       *       *       *


         civil liability for acts of state sponsored terrorism

    Sec. 589. (a) an official, employee, or agent of a foreign 
state designated as a state sponsor of terrorism designated 
under section 6(j) of the Export Administration Act of 1979 
while acting within the scope of his or her office, employment, 
or agency shall be liable to a United States national or the 
national's legal representative for personal injury or death 
caused by acts of that official, employee, or agent for which 
the courts of the United States may maintain jurisdiction under 
section 1605(a)(7) of title 28, United States Code, for money 
damages which may include economic damages, solatium, pain, and 
suffering, and punitive damages if the acts were among those 
described in section 1605(a)(7).
    (b) Provisions related to statute of limitations and 
limitations on discovery that would apply to an action brought 
under 28 U.S.C. 1605(f) and (g) shall also apply to actions 
brought under this section. No action shall be maintained under 
this action if an official, employee, or agent of the United 
States, while acting within the scope of his or her office, 
employment, or agency would not be liable for such acts if 
carried out within the United States.
    Titles I through V of this Act may be cited as the 
``Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1997''.
=======================================================================




                   B. DEPARTMENT OF STATE LEGISLATION

                                CONTENTS

                                                                   Page

 1. State Department Basic Authorities Act of 1956, as amended 
    (Public Law 84-885) (partial text)...........................    71
      Title I--Basic Authorities Generally.......................    71
            Section 1--Secretary of State--Coordinator for 
                Counterterrorism.................................    71
            Section 36--Rewards for Information on Terrorism.....    71
            Section 39--Counterterrorism Protection Fund.........    75
            Section 40--Authority to Control Certain Terrorism-
                Related Services.................................    75
            Section 51--Denial of Visas..........................    77
 2. Intelligence Authorization Act for Fiscal Year 1996 (Public 
    Law 104-93) (partial text)...................................    78
      Title III--General Provisions..............................    78
            Section 310--Assistance to Foreign Countries.........    78
      Title VI--Federal Bureau of Investigation..................    78
 3. Foreign Relations Authorization Act, Fiscal Years 1998 and 
    1999 (Public Law 105-277) (partial text).....................    80
      Subtitle B--Foreign Relations Authorization................    80
      Title XX--General Provisions...............................    80
      Chapter 2--Consular Authorities of the Department of State.    80
            Section 2221--Use of Certain Passport Processing Fees 
                for Enhanced Passport Services...................    80
 4. Foreign Relations Authorization Act, Fiscal Years 1994 and 
    1995, as amended (Public Law 103-236) (partial text).........    82
      Title I--Department of State and Related Agencies..........    82
            Part B--Authorities and Activities...................    82
                Section 133--Terrorism Rewards and Reports.......    82
                Section 140--Visas...............................    82
      Title V--Foreign Policy....................................    83
            Part A--General Provisions...........................    83
                Section 517--Sense of the Senate on the 
                  Establishment of an International Criminal 
                  Court..........................................    83
                Section 518--International Criminal Court 
                  Participation..................................    84
            Part B--Spoils of War Act............................    85
                Section 516--Short Title.........................    85
                Section 553--Prohibition on Transfers to 
                  Countries which Support Terrorism..............    85
 5. Foreign Relations Authorization Act, Fiscal Years 1992 and 
    1993, as amended (Public Law 102-138) (partial text).........    86
      Title III--Miscellaneous Foreign Policy Provisions.........    86
            Part A--Foreign Policy Provisions....................    86
                Section 304--Report on Terrorist Assets in the 
                  United States..................................    86
 6. Foreign Relations Authorization Act, Fiscal Years 1988 and 
    1989, as amended (Public Law 100-204) (partial text).........    87
      Title I--The Department of State...........................    87
            Part B--Department of State Authorities and 
                Activities.......................................    87
                Section 140--Annual Country Reports on Terrorism.    87
 7. Department of State and Related Agencies Appropriations Act, 
    1999 (Public Law 105-277) (partial text).....................    90
      Title IV--Department of State and Related Agencies.........    90
            Diplomatic and Consular Programs.....................    90
 8. Emergency Supplemental Appropriations for Fiscal Year 1999 
    (Public Law 105-277) (partial text)..........................    91
      Title II--Antiterrorism....................................    91
            Chapter 1--Department of State Administration of 
                Foreign Affairs..................................    91
                Diplomatic and Consular Programs.................    91
 9. Hostage Relief Act of 1980 (Public Law 96-449)...............    93

=======================================================================

           1. State Department Basic Authorities Act of 1956

Public Law 84-885 [S. 2569], 70 Stat. 890, approved August 1, 1956, as 
                                amended

 AN ACT To provide certain basic authority for the Department of State.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``State Department Basic Authorities 
Act of 1956''.

                  TITLE I--BASIC AUTHORITIES GENERALLY

                organization of the department of state

    Section 1. (a) Secretary of State.--

           *       *       *       *       *       *       *

  (f)\1\ Coordinator for Counterterrorism.--
---------------------------------------------------------------------------
    \1\ Sec. (f) was added by Sec. 2301(a) of Public Law 105-277 (112 
Stat. 2681-824)
---------------------------------------------------------------------------
    (1) In general.--There is within the office of the 
Secretary of State a Coordinator for Counterterrorism (in this 
paragraph referred to as the `Coordinator') who shall be 
appointed by the President, by and with the advice and consent 
of the Senate.
    (2) Duties.--
          (A) In general.--The Coordinator shall perform such 
        duties and exercise such powers as the Secretary of 
        State shall prescribe.
          (B) Duties described.--The principal duty of the 
        Coordinator shall be the overall supervision (including 
        policy oversight of resources) of international 
        counterterrorism activities. The Coordinator shall be 
        the principal adviser to the Secretary of State on 
        international counterterrorism matters. The Coordinator 
        shall be the principal counterterrorism official within 
        the senior management of the Department of State and 
        shall report directly to the Secretary of State.
    (3) Rank and status of ambassador.--The Coordinator shall 
have the rank and status of Ambassador at Large.''.

           *       *       *       *       *       *       *


SEC. 36.\2\ DEPARTMENT OF STATE REWARDS PROGRAM.
---------------------------------------------------------------------------

    \2\ 22 U.S.C. 2708. Sec 36 was added by sec. 102 of Public Law 98-
533 (98 Stat. 2708). It was subsequently amended by Public Law 100-690 
(102 Stat. 4287); by Public Law 103-236 (108 Stat. 519); by Public Law 
104-134 (110 Stat. 1321-45); In 1998, sec. 36 was amended both by sec. 
2202 of Public Law 105-277 (112 Stat. 2681-805) and subsequently by 
sec. 101 of Public Law 105-323 (112 Stat. 3029).
---------------------------------------------------------------------------
    (a) Establishment.--
          (1) In general.--There is established a program for 
        the payment of rewards to carry out the purposes of 
        this section.
          (2) Purpose.--The rewards program shall be designed 
        to assist in the prevention of acts of international 
        terrorism, international narcotics trafficking, and 
        other related criminal acts.
          (3) Implementation.--The rewards program shall be 
        administered by the Secretary of State, in 
        consultation, as appropriate, with the Attorney 
        General.
    (b) Rewards Authorized.--In the sole discretion of the 
Secretary (except as provided in subsection (c)(2)) and in 
consultation, as appropriate, with the Attorney General, the 
Secretary may pay a reward to any individual who furnishes 
information leading to--
          (1) the arrest or conviction in any country of any 
        individual for the commission of an act of 
        international terrorism against a United States person 
        or United States property;
          (2) the arrest or conviction in any country of any 
        individual conspiring or attempting to commit an act of 
        international terrorism against a United States person 
        or United States property;
          (3) the arrest or conviction in any country of any 
        individual for committing, primarily outside the 
        territorial jurisdiction of the United States, any 
        narcotics-related offense if that offense involves or 
        is a significant part of conduct that involves--
                  (A) a violation of United States narcotics 
                laws such that the individual would be a major 
                violator of such laws;
                  (B) the killing or kidnapping of--
                          (i) any officer, employee, or 
                        contract employee of the United States 
                        Government while such individual is 
                        engaged in official duties, or on 
                        account of that individual's official 
                        duties, in connection with the 
                        enforcement of United States narcotics 
                        laws or the implementing of United 
                        States narcotics control objectives; or
                          (ii) a member of the immediate family 
                        of any such individual on account of 
                        that individual's official duties, in 
                        connection with the enforcement of 
                        United States narcotics laws or the 
                        implementing of United States narcotics 
                        control objectives; or
                  (C) an attempt or conspiracy to commit any 
                act described in subparagraph (A) or (B);
          (4) the arrest or conviction in any country of any 
        individual aiding or abetting in the commission of an 
        act described in paragraph (1), (2), or (3); or
          (5) the prevention, frustration, or favorable 
        resolution of an act described in paragraph (1), (2), 
        or (3).
    (c) Coordination.--
          (1) Procedures.--To ensure that the payment of 
        rewards pursuant to this section does not duplicate or 
        interfere with the payment of informants or the 
        obtaining of evidence or information, as authorized to 
        the Department of Justice, the offering, 
        administration, and payment of rewards under this 
        section, including procedures for--
                  (A) identifying individuals, organizations, 
                and offenses with respect to which rewards will 
                be offered;
                  (B) the publication of rewards;
                  (C) the offering of joint rewards with 
                foreign governments;
                  (D) the receipt and analysis of data; and
                  (E) the payment and approval of payment, 
                shall be governed by procedures developed by 
                the Secretary of State, in consultation with 
                the Attorney General.
          (2) Prior approval of attorney general required.--
        Before making a reward under this section in a matter 
        over which there is Federal criminal jurisdiction, the 
        Secretary of State shall obtain the concurrence of the 
        Attorney General.
    (d) Funding.--
          (1) Authorization of appropriations.--Notwithstanding 
        section 102 of the Foreign Relations Authorization Act, 
        Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 
        408), but subject to paragraph (2), there are 
        authorized to be appropriated to the Department of 
        State from time to time such amounts as may be 
        necessary to carry out this section.
          (2) Limitation.--No amount of funds may be 
        appropriated under paragraph (1) which, when added to 
        the unobligated balance of amounts previously 
        appropriated to carry out this section, would cause 
        such amounts to exceed $15,000,000.
          (3) Allocation of funds.--To the maximum extent 
        practicable, funds made available to carry out this 
        section should be distributed equally for the purpose 
        of preventing acts of international terrorism and for 
        the purpose of preventing international narcotics 
        trafficking.
          (4) Period of availability.--Amounts appropriated 
        under paragraph (1) shall remain available until 
        expended.
    (e) Limitations and Certification.--
          (1) Maximum amount.--No reward paid under this 
        section may exceed $2,000,000.
          (2) Approval.--A reward under this section of more 
        than $100,000 may not be made without the approval of 
        the Secretary.
          (3) Certification for payment.--Any reward granted 
        under this section shall be approved and certified for 
        payment by the Secretary.
          (4) Nondelegation of authority.--The authority to 
        approve rewards of more than $100,000 set forth in 
        paragraph (2) may not be delegated.
          (5) Protection measures.--If the Secretary determines 
        that the identity of the recipient of a reward or of 
        the members of the recipient's immediate family must be 
        protected, the Secretary may take such measures in 
        connection with the payment of the reward as he 
        considers necessary to effect such protection.
    (f) Ineligibility.--An officer or employee of any entity of 
Federal, State, or local government or of a foreign government 
who, while in the performance of his or her official duties, 
furnishes information described in subsection (b) shall not be 
eligible for a reward under this section.
    (g) Reports.--
          (1) Reports on payment of rewards.--Not later than 30 
        days after the payment of any reward under this 
        section, the Secretary shall submit a report to the 
        appropriate congressional committees with respect to 
        such reward. The report, which may be submitted in 
        classified form if necessary, shall specify the amount 
        of the reward paid, to whom the reward was paid, and 
        the acts with respect to which the reward was paid. The 
        report shall also discuss the significance of the 
        information for which the reward was paid in dealing 
        with those acts.
          (2) Annual reports.--Not later than 60 days after the 
        end of each fiscal year, the Secretary shall submit a 
        report to the appropriate congressional committees with 
        respect to the operation of the rewards program. The 
        report shall provide information on the total amounts 
        expended during the fiscal year ending in that year to 
        carry out this section, including amounts expended to 
        publicize the availability of rewards.
    (h) Publication Regarding Rewards Offered by Foreign 
Governments.--Notwithstanding any other provision of this 
section, in the sole discretion of the Secretary, the resources 
of the rewards program shall be available for the publication 
of rewards offered by foreign governments regarding acts of 
international terrorism which do not involve United States 
persons or property or a violation of the narcotics laws of the 
United States.
    (i) Determinations of the Secretary.--A determination made 
by the Secretary under this section shall be final and 
conclusive and shall not be subject to judicial review.
    (j) Definitions.--As used in this section:
          (1) Act of international terrorism.--The term `act of 
        international terrorism' includes--
                  (A) any act substantially contributing to the 
                acquisition of unsafeguarded special nuclear 
                material (as defined in paragraph (8) of 
                section 830 of the Nuclear Proliferation 
                Prevention Act of 1994 (22 U.S.C. 3201 note)) 
                or any nuclear explosive device (as defined in 
                paragraph (4) of that section) by an 
                individual, group, or non-nuclear-weapon state 
                (as defined in paragraph (5) of that section); 
                and
                  (B) any act, as determined by the Secretary, 
                which materially supports the conduct of 
                international terrorism, including the 
                counterfeiting of United States currency or the 
                illegal use of other monetary instruments by an 
                individual, group, or country supporting 
                international terrorism as determined for 
                purposes of section 6(j)(1)(A) of the Export 
                Administration Act of 1979 (50 U.S.C. App. 
                2405(j)(1)(A)).
          (2) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the 
        Committee on International Relations of the House of 
        Representatives and the Committee on Foreign Relations 
        of the Senate.
          (3) Member of the immediate family.--The term `member 
        of the immediate family', with respect to an 
        individual, includes--
                  (A) a spouse, parent, brother, sister, or 
                child of the individual;
                  (B) a person with respect to whom the 
                individual stands in loco parentis; and
                  (C) any person not covered by subparagraph 
                (A) or (B) who is living in the individual's 
                household and is related to the individual by 
                blood or marriage.
          (4) Rewards program.--The term `rewards program' 
        means the program established in subsection (a)(1).
          (5) United states narcotics laws.--The term `United 
        States narcotics laws' means the laws of the United 
        States for the prevention and control of illicit 
        trafficking in controlled substances (as such term is 
        defined in section 102(6) of the Controlled Substances 
        Act (21 U.S.C. 802(6))).
          (6) United states person.--The term `United States 
        person' means--
                  (A) a citizen or national of the United 
                States; and
                  (B) an alien lawfully present in the United 
                States.

           *       *       *       *       *       *       *


                    counterterrorism protection fund

    Sec. 39.\3\ (a) Authority.--The Secretary of State may 
reimburse domestic and foreign persons, agencies, or 
governments for the protection of judges or other persons who 
provide assistance or information relating to terrorist 
incidents primarily outside the territorial jurisdiction of the 
United States. Before making a payment under this section in a 
matter over which there is Federal criminal jurisdiction, the 
Secretary shall advise and consult with the Attorney General.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2711. Sec. 39 was added by sec. 504(2) of Public Law 
99-399 (100 Stat. 871).
---------------------------------------------------------------------------
    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of State for 
``Administration of Foreign Affairs'' $1,000,000 for fiscal 
year 1986 and $1,000,000 for fiscal year 1987 for use in 
reimbursing persons, agencies, or governments under this 
section.
    (c) Designation of Fund.--Amounts made available under this 
section may be referred to as the ``Counterterrorism Protection 
Fund''.

        authority to control certain terrorism-related services

    Sec. 40.\4\ (a) Authority.--The Secretary of State may, by 
regulation, impose controls on the provisions of the services 
described in subsection (b) if the Secretary determines that 
provision of such services would aid and abet international 
terrorism.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2712. Sec. 40 was added by sec. 506(2) of Public Law 
99-399 (100 Stat. 872).
---------------------------------------------------------------------------
    (b) Services Subject to Control.--The services subject to 
control under subsection (a) are the following:
          (1) Serving in or with the security forces of a 
        designated foreign government.
          (2) Providing training or other technical services 
        having a direct military, law enforcement, or 
        intelligence application, to or for the security forces 
        of a designated foreign government.
Any regulations issued to impose controls on services described 
in paragraph (2) shall list the specific types of training and 
other services subject to the controls.
    (c) Persons Subject of Controls.--These services may be 
controlled under subsection (a) when they are provided within 
the United States by any individual or entity and when they are 
provided anywhere in the world by a United States person.
    (d) Licenses.--In carrying out subsection (a), the 
Secretary of State may require licenses, which may be revoked, 
suspended, or amended, without prior notice, whenever such 
action is deemed to be advisable.
    (e) Definitions.--
          (1) Designated foreign government.--As used in this 
        section, the term ``designated foreign government' 
        means a foreign government that the Secretary of State 
        has determined, for purposes of section 6(j)(1) of the 
        Export Administration Act of 1979, has repeatedly 
        provided support for acts of international terrorism.
          (2) Security forces.--As used in this section, the 
        term ``security forces'' means any military or 
        paramilitary forces, any police or other law 
        enforcement agency (including any police or other law 
        enforcement agency at the regional or local level), and 
        any intelligence agency of a foreign government.
          (3) United states.--As used in this section, the term 
        ``United States'' includes any State, the District of 
        Columbia, the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands, and any 
        territory or possession of the United States.
          (4) United states person.--As used in this section, 
        the term ``United States person'' means any United 
        States national, any permanent resident alien, and any 
        sole proprietorship, partnership, company, association, 
        or corporation organized under the laws of or having 
        its principal place of business within the United 
        States.
    (f) Violations.--
          (1) Penalties.--Whoever willfully violates any 
        regulation issued under this section shall be fined not 
        more than $100,000 or five times the total compensation 
        received for the conduct which constitutes the 
        violation, whichever is greater, or imprisoned for not 
        more than ten years, or both, for each such offense.
          (2) Investigations.--The Attorney General and the 
        Secretary of the Treasury shall have authority to 
        investigate violations of regulations issued under this 
        section.
    (g) Congressional Oversight.--
          (1) Review of regulations.--Not less than 30 days 
        before issuing any regulations under this section 
        (including any amendment thereto), the Secretary of 
        State shall transmit the proposed regulations to the 
        Congress.
          (2) Reports.--Not less than once every six months, 
        the Secretary of State shall report to the Congress 
        concerning the number and character of licenses granted 
        and denied during the previous reporting period, and 
        such other information as the Secretary may find to be 
        relevant to the accomplishment of the objectives of 
        this section.
  (h) Relationship to Other Laws.--The authority granted by 
this section is in addition to the authorities granted by any 
other provision of law.

           *       *       *       *       *       *       *


                          denial of visas \5\

  Sec. 51.\5\ (a) Report to Congress.--The Secretary shall 
report, on a timely basis, to the appropriate committees of the 
Congress each time a consular post denies a visa on the grounds 
of terrorist activities or foreign policy. Such report shall 
set forth the name and nationality of each such person and a 
factual statement of the basis for such denial.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2723. Sec. 127(a) of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 
Stat. 660), added sec. 51. See also sec. 128 of that Act, relating to 
visa lookout systems.
    Functions vested in the Secretary of State in this section were 
further delegated to the Under Secretary for Political Affairs, in 
consultation with the Under Secretary for Management, by Delegation of 
Authority No. 193, January 7, 1992 (Public Notice 1555; 57 F.R. 2298; 
January 21, 1992).
---------------------------------------------------------------------------
  (b) Limitation.--Information contained in such report may be 
classified to the extent necessary and shall protect 
intelligence sources and methods.
  (c) Appropriate Committees.--For the purposes of this section 
the term ``appropriate committees of the Congress'' means the 
Committee on the Judiciary and the Committee on Foreign Affairs 
\6\ of the House of Representatives and the Committee on the 
Judiciary and the Committee on Foreign Relations of the Senate.
---------------------------------------------------------------------------
    \6\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.

           *       *       *       *       *       *       *


         2. Intelligence Authorization Act for Fiscal Year 1996

 Public Law 104-93 [H.R. 1665], 109 Stat. 961, approved January 6, 1996

      AN ACT To authorize appropriations for fiscal year 1996 for 
 intelligence and intelligence-related activities of the United States 
     Government, the Community Management Account, and the Central 
  Intelligence Agency Retirement and Disability System, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Intelligence Authorization Act for 
Fiscal Year 1996''.

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the 
``Intelligence Authorization Act for Fiscal Year 1996''.

           *       *       *       *       *       *       *


TITLE III--GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 310. ASSISTANCE TO FOREIGN COUNTRIES.

    Notwithstanding any other provision of law, funds 
authorized to be appropriated by this Act may be used to 
provide assistance to a foreign country for counterterrorism 
efforts if--
          (1) such assistance is provided for the purpose of 
        protecting the property of the United States Government 
        or the life and property of any United States citizen, 
        or furthering the apprehension of any individual 
        involved in any act of terrorism against such property 
        or persons; and
          (2) the Committee on Intelligence of the Senate and 
        the Permanent Select Committee on Intelligence of the 
        House of Representatives are notified not later than 15 
        days prior to the provision of such assistance.

           *       *       *       *       *       *       *


               TITLE VI--FEDERAL BUREAU OF INVESTIGATION

SEC. 601. DISCLOSURE OF INFORMATION AND CONSUMER REPORTS TO FBI FOR 
                    COUNTERINTELLIGENCE PURPOSES.

    (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 
1681 et seq.) is amended by adding after section 623 the 
following new section:``

Sec. 624.\1\ Disclosures to FBI for counterintelligence purposes

    ``(a) Identity of Financial Institutions.--Notwithstanding 
section 604 or any other provision of this title, a consumer 
reporting agency shall furnish to the Federal Bureau of 
Investigation the names and addresses of all financial 
institutions (as that term is defined in section 1101 of the 
Right to Financial Privacy Act of 1978) at which a consumer 
maintains or has maintained an account, to the extent that 
information is in the files of the agency, when presented with 
a written request for that information, signed by the Director 
of the Federal Bureau of Investigation, or the Director's 
designee, which certifies compliance with this section. The 
Director or the Director's designee may make such a 
certification only if the Director or the Director's designee 
has determined in writing that--
---------------------------------------------------------------------------
    \1\ 15 USC 1681u.
---------------------------------------------------------------------------
          ``(1) such information is necessary for the conduct 
        of an authorized foreign counterintelligence 
        investigation; and
          ``(2) there are specific and articulable facts giving 
        reason to believe that the consumer--
                  ``(A) is a foreign power (as defined in 
                section 101 of the Foreign Intelligence 
                Surveillance Act of 1978) or a person who is 
                not a United States person (as defined in such 
                section 101) and is an official of a foreign 
                power; or
                  ``(B) is an agent of a foreign power and is 
                engaging or has engaged in an act of 
                international terrorism (as that term is 
                defined in section 101(c) of the Foreign 
                Intelligence Surveillance Act of 1978) or 
                clandestine intelligence activities that 
                involve or may involve a violation of criminal 
                statutes of the United States.

           *       *       *       *       *       *       *

      ``(c) Court Order for Disclosure of Consumer Reports.--
Notwithstanding section 604 or any other provision of this 
title, if requested in writing by the Director of the Federal 
Bureau of Investigation, or a designee of the Director, a court 
may issue an order ex parte directing a consumer reporting 
agency to furnish a consumer report to the Federal Bureau of 
Investigation, upon a showing in camera that--
          ``(1) the consumer report is necessary for the 
        conduct of an authorized foreign counterintelligence 
        investigation; and
          ``(2) there are specific and articulable facts giving 
        reason to believe that the consumer whose consumer 
        report is sought--
                  ``(A) is an agent of a foreign power, and
                  ``(B) is engaging or has engaged in an act of 
                international terrorism (as that term is 
                defined in section 101(c) of the Foreign 
                Intelligence Surveillance Act of 1978) or 
                clandestine intelligence activities that 
                involve or may involve a violation of criminal 
                statutes of the United States.

           *       *       *       *       *       *       *


   3. Foreign Relations Authorization Act, Fiscal Years 1998 and 1999

     Partial text of subdivision B of Public Law 105-277 [Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 1999; H.R. 
          4328], 112 Stat. 2681-801, approved October 21, 1998

             SUBDIVISION B--FOREIGN RELATIONS AUTHORIZATION

                      TITLE XX--GENERAL PROVISIONS

SEC. 2001.\1\ SHORT TITLE.

    This subdivision may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2651 note.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 2202. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM.\2\ * * *.

           *       *       *       *       *       *       *


       CHAPTER 2--CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE

SEC. 2221. USE OF CERTAIN PASSPORT PROCESSING FEES FOR ENHANCED 
                    PASSPORT SERVICES.

    For each of the fiscal years 1998 and 1999, of the fees 
collected for expedited passport processing and deposited to an 
offsetting collection pursuant to title V of the Department of 
State and Related Agencies Appropriations Act for Fiscal Year 
1995 (Public Law 103-317; 22 U.S.C. 214 note), 30 percent shall 
be available only for enhancing passport services for United 
States citizens, improving the integrity and efficiency of the 
passport issuance process, improving the secure nature of the 
United States passport, investigating passport fraud, and 
deterring entry into the United States by terrorists, drug 
traffickers, or other criminals.
---------------------------------------------------------------------------
    \2\ Sec. 2202 amends section 36 of the State Department Basic 
Authorities Act of 1956. The text of this amendment can be found at 
sec. B.1 in this volume.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

  TITLE XXIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF 
                  STATE PERSONNEL; THE FOREIGN SERVICE

           CHAPTER 1--ORGANIZATION OF THE DEPARTMENT OF STATE

SEC. 2301. COORDINATOR FOR COUNTERTERRORISM.\3\ * * *.

           *       *       *       *       *       *       *


    (b) Technical and Conforming Amendments.--Section 161 of 
the Foreign Relations Authorization Act, Fiscal Years 1994 and 
1995 (Public Law 103-236) is amended by striking subsection 
(e).
---------------------------------------------------------------------------
    \3\ Sec. 2301 amends section 1 of the State Department Basic 
Authorities Act of 1956. The text of this amendment can be found at 
sec. B.1 in this volume.

   4. Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

Public Law 103-236 [H.R. 2333], 108 Stat. 382, approved April 30, 1994, 
                               as amended

  AN ACT To authorize appropriations for the Department of State, the 
 United States Information Agency, and related agencies, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2651 note.
---------------------------------------------------------------------------

TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES

           *       *       *       *       *       *       *


PART B--AUTHORITIES AND ACTIVITIES

           *       *       *       *       *       *       *


SEC. 133. TERRORISM REWARDS AND REPORTS.

    (a) Rewards for Information on Acts of International 
Terrorism in the United States.--
          (1) \2\ * * *
---------------------------------------------------------------------------
    \2\ Para. (1) amended sec. 36 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2708).
---------------------------------------------------------------------------
          (2) Notwithstanding section 36(g) of the State 
        Department Basic Authorities Act of 1956 (22 U.S.C. 
        2708), in addition to amounts otherwise available the 
        Department of State may expend not more than $4,000,000 
        in fiscal years 1994 and 1995 to pay rewards pursuant 
        to section 36(a) of such Act.
    (b) \3\ Annual Reports on Terrorism.--* * *
---------------------------------------------------------------------------
    \3\ Subsec. (b) amended sec. 140(b)(2) of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f); and 
sec. 304(a) of the Foreign Relations Authorization Act, Fiscal Years 
1992 and 1993 (Public Law 102-138).

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 140. VISAS.

    (a) * * *
    (b) \4\ Automated Visa Lookout System.--Not later than 18 
months after the date of the enactment of this Act, the 
Secretary of State shall implement an upgrade of all overseas 
visa lookout operations to computerized systems with automated 
multiple-name search capabilities.
---------------------------------------------------------------------------
    \4\ 8 U.S.C. 1182 note.
---------------------------------------------------------------------------
    (c) \4\ Processing of Visas for Admission to the United 
States.--
          (1)(A) Beginning 24 months after the date of the 
        enactment of this Act, whenever a United States 
        consular officer issues a visa for admission to the 
        United States, that official shall certify, in writing, 
        that a check of the Automated Visa Lookout System, or 
        any other system or list which maintains information 
        about the excludability of aliens under the Immigration 
        and Nationality Act, has been made and that there is no 
        basis under such system for the exclusion of such 
        alien.
          (B) If, at the time an alien applies for an immigrant 
        or nonimmigrant visa, the alien's name is included in 
        the Department of State's visa lookout system and the 
        consular officer to whom the application is made fails 
        to follow the procedures in processing the application 
        required by the inclusion of the alien's name in such 
        system, the consular officer's failure shall be made a 
        matter of record and shall be considered as a serious 
        negative factor in the officer's annual performance 
        evaluation.
          (2) If an alien to whom a visa was issued as a result 
        of a failure described in paragraph (1)(B) is admitted 
        to the United States and there is thereafter probable 
        cause to believe that the alien was a participant in a 
        terrorist act causing serious injury, loss of life, or 
        significant destruction of property in the United 
        States, the Secretary of State shall convene an 
        Accountability Review Board under the authority of 
        title III of the Omnibus Diplomatic Security and 
        Antiterrorism Act of 1986.

           *       *       *       *       *       *       *


                        TITLE V--FOREIGN POLICY

PART A--GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 517. SENSE OF THE SENATE ON THE ESTABLISHMENT OF AN INTERNATIONAL 
                    CRIMINAL COURT.

    (a) Senate Findings.--The Senate makes the following 
findings:
          (1) The freedom and security of the international 
        community rests on the sanctity of the rule of law.
          (2) The international community is increasingly 
        threatened by unlawful acts such as war crimes, 
        genocide, aggression, crimes against humanity, 
        terrorism, drug trafficking, money laundering, and 
        other crimes of an international character.
          (3) The prosecution of individuals suspected of 
        carrying out such acts is often impeded by political 
        and legal obstacles such as amnesties, disputes over 
        extradition, differences in the structure and 
        capabilities of national courts, and the lack of 
        uniform guidelines under which to try such individuals.
          (4) The war crimes trials held in the aftermath of 
        World War II at Nuremberg, Germany, and Tokyo, Japan, 
        demonstrated that fair and effective prosecution of war 
        criminals could be carried out in an international 
        forum.
          (5) Since its inception in 1945 the United Nations 
        has sought to build on the precedent established at the 
        Nuremberg and Tokyo trials by establishing a permanent 
        international criminal court with jurisdiction over 
        crimes of an international character.
          (6) United Nations General Assembly Resolution 44/39, 
        adopted on December 4, 1989, called on the 
        International Law Commission to study the feasibility 
        of an international criminal court.
          (7) In the years after passage of that resolution the 
        International Law Commission has taken a number of 
        steps to advance the debate over such a court, 
        including--
                  (A) the provisional adoption of a draft Code 
                of Crimes Against the Peace and Security of 
                Mankind;
                  (B) the creation of a Working Group on an 
                International Criminal Jurisdiction and the 
                formulation by that Working Group of several 
                concrete proposals for the establishment and 
                operation of an international criminal court; 
                and
                  (C) the determination that an international 
                criminal court along the lines of that 
                suggested by the Working Group is feasible and 
                that the logical next step would be to proceed 
                with the formal drafting of a statute for such 
                a court.
          (8) United Nations General Assembly Resolution 47/33, 
        adopted on November 25, 1992, called on the 
        International Law Commission to begin the process of 
        drafting a statute for an international criminal court 
        at its next session.
          (9) Given the developments of recent years, the time 
        is propitious for the United States to lend its support 
        to this effort.
    (b) Sense of the Senate.--It is the sense of the Senate 
that--
          (1) the establishment of an international criminal 
        court with jurisdiction over crimes of an international 
        character would greatly strengthen the international 
        rule of law;
          (2) such a court would thereby serve the interests of 
        the United States and the world community; and
          (3) the United States delegation should make every 
        effort to advance this proposal at the United Nations.
    (c) * * *

SEC. 518. INTERNATIONAL CRIMINAL COURT PARTICIPATION.

    The United States Senate will not consent to the 
ratification of a treaty providing for United States 
participation in an international criminal court with 
jurisdiction over crimes of an international nature which 
permits representatives of any terrorist organization, 
including but not limited to the Palestine Liberation 
Organization, or citizens, nationals or residents of any 
country listed by the Secretary of State under section 6(j) of 
the Export Administration Act of 1979 as having repeatedly 
provided support for acts of international terrorism, to sit in 
judgement \5\ on American citizens.
---------------------------------------------------------------------------
    \5\ As enrolled. Should read ``judgment''.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

                       PART B--SPOILS OF WAR ACT

SEC. 551.\6\ SHORT TITLE.

    This part may be cited as the ``Spoils of War Act of 
1994''.
---------------------------------------------------------------------------
    \6\ 50 U.S.C. 2201 note.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 553.\7\ PROHIBITION ON TRANSFERS TO COUNTRIES WHICH SUPPORT 
                    TERRORISM.

    Spoils of war in the possession, custody, or control of the 
United States may not be transferred to any country determined 
by the Secretary of State, for purposes of section 40 of the 
Arms Export Control Act, to be a nation whose government has 
repeatedly provided support for acts of international 
terrorism.
---------------------------------------------------------------------------
    \7\ 50 U.S.C. 2202.

           *       *       *       *       *       *       *


   5. Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

Partial text of Public Law 102-138 [H.R. 1415], 105 Stat. 647, approved 
                      October 28, 1991, amended by

 AN ACT To authorize appropriations for fiscal years 1992 and 1993 for 
            the Department of State, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2651 note.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

           TITLE III--MISCELLANEOUS FOREIGN POLICY PROVISIONS

PART A--FOREIGN POLICY PROVISIONS  

           *       *       *       *       *       *       *


SEC. 304. REPORT ON TERRORIST ASSETS IN THE UNITED STATES.

  (a) Reports to Congress.--Beginning 90 days after the date of 
enactment of this Act and every 365 days thereafter, the 
Secretary of the Treasury, in consultation with the Attorney 
General and appropriate investigative agencies,\2\ shall submit 
to the Committee on Foreign Relations and the Committee on 
Finance of the Senate and the Committee on Foreign Affairs \3\ 
and the Committee on Ways and Means of the House of 
Representatives a report describing the nature and extent of 
assets held in the United States by terrorist countries and any 
organization engaged in international terrorism. Each such 
report shall provide a detailed list and description of 
specific assets.\4\
---------------------------------------------------------------------------
    \2\ Sec. 133(b)(2)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 396), struck 
out ``Treasury'' and inserted in lieu thereof ``Treasury, in 
consultation with the Attorney General and appropriate investigative 
agencies,''.
    \3\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
    \4\ Sec. 133(b)(2)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 396), added 
this sentence.
---------------------------------------------------------------------------
  (b) Definitions.--For purposes of this section--
          (1) the term ``terrorist countries'', refers to 
        countries designated by the Secretary of State under 
        section 40(d) of the Arms Export Control Act; and
          (2) the term ``international terrorism'' has the 
        meaning given such term in section 140(d) of the 
        Foreign Relations Authorization Act, Fiscal Years 1988 
        and 1989.

   6. Foreign Relations Authorization Act, Fiscal Years 1988 and 1989

    Partial text of Public Law 100-204 [H.R. 1777], 101 Stat. 1331, 
                 approved December 22, 1987, as amended

 AN ACT To authorize appropriations for fiscal years 1988 and 1989 for 
  the Department of State, the United States Information Agency, the 
  Voice of America, the Board for International Broadcasting, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE AND TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2651 note.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

                    TITLE I--THE DEPARTMENT OF STATE

Part B--Department of State Authorities and Activities

           *       *       *       *       *       *       *


SEC. 140.\2\ ANNUAL COUNTRY REPORTS ON TERRORISM.

  (a) Requirement of Annual Country Reports on Terrorism.--The 
Secretary of State shall transmit to the Speaker of the House 
of Representatives and the Committee on Foreign Relations of 
the Senate, by April 30 \3\ of each year, a full and complete 
report providing--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2656f.
    \3\ Sec. 122 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 27), struck out 
``March 31'' and inserted in lieu thereof ``April 30''.
---------------------------------------------------------------------------
          (1) detailed assessments with respect to each foreign 
        country--
                  (A) in which acts of international terrorism 
                occurred which were, in the opinion of the 
                Secretary, of major significance;
                  (B) about which the Congress was notified 
                during the preceding five years pursuant to 
                section 6(j) of the Export Administration Act 
                of 1979; and
                  (C) which the Secretary determines should be 
                the subject of such report; \4\
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    \4\ Sec. 578(1) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of 
the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-208; 
110 Stat. 3009), struck out ``and'' at the end of para. (1), struck out 
a period at the end of para. (2) and inserted instead a semicolon, and 
added new paras. (3) and (4).
---------------------------------------------------------------------------
          (2) all relevant information about the activities 
        during the preceding year of any terrorist group, and 
        any umbrella group under which such terrorist group 
        falls, known to be responsible for the kidnapping or 
        death of an American citizen during the preceding five 
        years, any terrorist group known to be financed by 
        countries about which Congress was notified during the 
        preceding year pursuant to section 6(j) of the Export 
        Administration Act of 1979, and any other known 
        international terrorist group which the Secretary 
        determines should be the subject of such report; \4\
          (3) \4\ with respect to each foreign country from 
        which the United States Government has sought 
        cooperation during the previous five years in the 
        investigation or prosecution of an act of international 
        terrorism against United States citizens or interests, 
        information on--
                  (A) the extent to which the government of the 
                foreign country is cooperating with the United 
                States Government in apprehending, convicting, 
                and punishing the individual or individuals 
                responsible for the act; and
                  (B) the extent to which the government of the 
                foreign country is cooperating in preventing 
                further acts of terrorism against United States 
                citizens in the foreign country; and
          (4) \4\ with respect to each foreign country from 
        which the United States Government has sought 
        cooperation during the previous five years in the 
        prevention of an act of international terrorism against 
        such citizens or interests, the information described 
        in paragraph (3)(B).
  (b) Provisions To Be Included in Report.--The report required 
under subsection (a) should to the extent feasible include (but 
not be limited to)--
          (1) with respect to subsection (a)(1)--
                  (A) a review of major counterterrorism 
                efforts undertaken by countries which are the 
                subject of such report, including, as 
                appropriate, steps taken in international fora;
                  (B) the response of the judicial system of 
                each country which is the subject of such 
                report with respect to matters relating to 
                terrorism affecting American citizens or 
                facilities, or which have, in the opinion of 
                the Secretary, a significant impact on United 
                States counterterrorism efforts, including 
                responses to extradition requests; and
                  (C) significant support, if any, for 
                international terrorism by each country which 
                is the subject of such report, including (but 
                not limited to)--
                          (i) political and financial support;
                          (ii) diplomatic support through 
                        diplomatic recognition and use of the 
                        diplomatic pouch;
                          (iii) providing sanctuary to 
                        terrorists or terrorist groups; and
                          (iv) the positions (including voting 
                        records) on matters relating to 
                        terrorism in the General Assembly of 
                        the United Nations and other 
                        international bodies and fora of each 
                        country which is the subject of such 
                        report; and
          (2) with respect to subsection (a)(2), any--
                  (A) significant financial support provided by 
                foreign governments to those groups directly, 
                or provided in support of their activities;
                  (B) provisions of significant military or 
                paramilitary training or transfer of weapons by 
                foreign governments to those groups;
                  (C) provision of diplomatic recognition or 
                privileges by foreign governments to those 
                groups;
                  (D) provision by foreign governments of 
                sanctuary from prosecution to these groups or 
                their members responsible for the commission, 
                attempt, or planning of an act of international 
                terrorism; and
                  (E) efforts by the United States to eliminate 
                international financial support provided to 
                those groups directly or provided in support of 
                their activities.
  (c) Classification of Report.--
          (1) Except as provided in paragraph (2),\5\ the 
        report required under subsection (a) shall, to the 
        extent practicable, be submitted in an unclassified 
        form and may be accompanied by a classified appendix.
---------------------------------------------------------------------------
    \5\ Sec. 578(2)(A) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of 
the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-208; 
110 Stat. 3009), struck out ``The report'' in subsec. (c) and inserted 
in lieu thereof ``(1) Except as provided in paragraph (2), the 
report''. Sec. 578(2)(B) of that Act also indented para. (1).
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          (2) \6\ If the Secretary of State determines that the 
        transmittal of the information with respect to a 
        foreign country under paragraph (3) or (4) of 
        subsection (a) in classified form would make more 
        likely the cooperation of the government of the foreign 
        country as specified in such paragraph, the Secretary 
        may transmit the information under such paragraph in 
        classified form.
---------------------------------------------------------------------------
    \6\ Sec. 578(2)(C) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of 
the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-208; 
110 Stat. 3009), added para. (2).
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  (d) Definitions.--As used in this section--
          (1) the term ``international terrorism'' means 
        terrorism involving citizens or the territory of more 
        than 1 country;
          (2) the term ``terrorism'' means premeditated, 
        politically motivated violence perpetrated against 
        noncombatant targets by subnational groups or 
        clandestine agents; and
          (3) the term ``terrorist group'' means any group 
        practicing, or which has significant subgroups which 
        practice, international terrorism.
  (e) Reporting Period.--
          (1) The report required under subsection (a) shall 
        cover the events of the calendar year preceding the 
        year in which the report is submitted.
          (2) The report required by subsection (a) to be 
        submitted by March 31, 1988, may be submitted no later 
        than August 31, 1988.

  7. Department of State and Related Agencies Appropriations Act, 1999

Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency 
 Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681-92, 
approved October 21, 1998

           *       *       *       *       *       *       *


    Sec. 101. * * *
    (b) For programs, projects, or activities in the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1999, provided as follows, 
to be effective as if it had been enacted into law as the 
regular appropriations Act:

AN ACT Making appropriations for the Departments of Commerce, Justice, 
  and State, the Judiciary, and related agencies for the fiscal year 
ending September 30, 1999, and for other purposes.

           *       *       *       *       *       *       *


           TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    For necessary expenses of the Department of State and the 
Foreign Service not otherwise provided for, including expenses 
authorized by the State Department Basic Authorities Act of 
1956, as amended; representation to certain international 
organizations in which the United States participates pursuant 
to treaties, ratified pursuant to the advice and consent of the 
Senate, or specific Acts of Congress; acquisition by exchange 
or purchase of passenger motor vehicles as authorized by 31 
U.S.C. 1343, 40 U.S.C. 481(c), and 22 U.S.C. 2674; and for 
expenses of general administration, $1,644,300,000: Provided, 
That, of the amount made available under this heading, not to 
exceed $4,000,000 may be transferred to, and merged with, funds 
in the ``Emergencies in the Diplomatic and Consular Service'' 
appropriations account, to be available only for emergency 
evacuations and terrorism rewards: * * *

           *       *       *       *       *       *       *


     8. Emergency Supplemental Appropriations for Fiscal Year 1999

 Partial text of Title II of division B of Public Law 105-277 [Omnibus 
 Consolidated and Emergency Supplemental Appropriations Act for Fiscal 
  Year 1999; H.R. 4328], 112 Stat. 2681-565, approved October 21, 1998

DIVISION B--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

           *       *       *       *       *       *       *


                        TITLE II--ANTITERRORISM

CHAPTER 1

           *       *       *       *       *       *       *


                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Diplomatic 
and Consular Programs'', $773,700,000, to remain available 
until expended, of which $25,700,000 shall be available only to 
the extent that an official budget request that includes the 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to the Congress: Provided, That as determined by the 
Secretary of State, such funds may be used to procure services 
and equipment overseas necessary to improve worldwide security 
and reconstitute embassy operations in Kenya and Tanzania on 
behalf of any other agency: Provided further, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                         salaries and expenses

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Salaries 
and Expenses'', $12,000,000, to remain available until 
expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                      office of inspector general

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Office of 
Inspector General'', $1,000,000, to remain available until 
expended: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

           security and maintenance of united states missions

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Security 
and Maintenance of United States Missions'', $627,000,000, to 
remain available until expended; of which $56,000,000 is for 
security projects, relocations, and security equipment on 
behalf of missions of other U.S. Government agencies, which 
amount may be transferred to any appropriation for this 
purpose, to be merged with and available for the same time 
period as the appropriation to which transferred; and of which 
$185,000,000 is for capital improvements or relocation of 
office and residential facilities to improve security, which 
amount shall become available fifteen days after notice thereof 
has been transmitted to the Appropriations Committees of both 
Houses of Congress: Provided, That the entire amount is 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

           emergencies in the diplomatic and consular service

    Notwithstanding section 15 of the State Department Basic 
Authorities Act of 1956, an additional amount for ``Emergencies 
in the Diplomatic and Consular Service'', $10,000,000, to 
remain available until expended: Provided, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                   9. Hostage Relief Act of 1980 \1\

Public Law 96-449 [H.R. 7085], 94 Stat. 1967, approved October 14, 1980

AN ACT To provide certain benefits to individuals held hostage in Iran 
     and to similarly situated individuals, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Hostage Relief Act of 1980''.

                  TITLE I--SPECIAL PERSONNEL BENEFITS

                              definitions

    Sec. 101. For purposes of this title--
---------------------------------------------------------------------------
    \1\ 5 U.S.C. 5561 note. See also sec. 599C of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1991 (Public Law 101-513; 104 Stat. 2064), as amended by sec. 302 of 
Public Law 102-138 (105 Stat. 707), and further amended by sec. 5 of 
Public Law 102-499 (106 Stat. 3266), relating to benefits for U.S. 
hostages in Iraq and Kuwait and U.S. hostages captured in Lebanon.
---------------------------------------------------------------------------
          (1) The term ``American hostage'' means any 
        individual who, while--
                  (A) in the civil service or the uniformed 
                services of the United States, or
                  (B) a citizen or resident alien of the United 
                States rendering personal service to the United 
                States abroad similar to the service of a civil 
                officer or employee of the United States (as 
                determined by the Secretary of State),
        is placed in a captive status during the hostage 
        period.
          (2) The term ``hostage period'' means the period 
        beginning on November 4, 1979, and ending on the later 
        of--
                  (A) the date the President specifies, by 
                Executive order, as the date on which all 
                citizens and resident aliens of the United 
                States who were placed in a captive status due 
                to the seizure of the United States Embassy in 
                Iran have been returned to the United States or 
                otherwise accounted for, or
                  (B) January 1, 1983.
          (3) The term ``family member'', when used with 
        respect to any American hostage, means--
                  (A) any dependent (as defined in section 5561 
                of title 5, United States Code) of such 
                hostage; and
                  (B) any member of the hostage's family or 
                household (as determined under regulations 
                which the Secretary of State shall prescribe).
          (4) The term ``captive status'' means a missing 
        status arising because of a hostile action abroad--
                  (A) which is directed against the United 
                States during the hostage period; and
                  (B) which is identified by the Secretary of 
                State in the Federal Register.
          (5) The term ``missing status''--
                  (A) in the case of employees, has the meaning 
                given it in section 5561(5) of title 5, United 
                States Code;
                  (B) in the case of members of the uniformed 
                services, has the meaning given it in section 
                551(2) of title 37, United States Code; and
                  (C) in the case of other individuals, has a 
                similar meaning as that provided under such 
                sections, as determined by the Secretary of 
                State.
          (6) The terms ``pay and allowances'', ``employee'', 
        and ``agency'' have the meanings given to such terms in 
        section 5561 of title 5, United States Code, and the 
        terms ``civil service'', ``uniformed services'', and 
        ``armed forces'' have the meanings given to such terms 
        in section 2101 of such title 5.

       pay and allowances may be allotted to special savings fund

    Sec. 102. (a) The Secretary of the Treasury shall establish 
a savings fund to which the head of an agency may allot all or 
any portion of the pay and allowances of any American hostage 
which are for pay periods during which the American hostage is 
in a captive status and which are not subject to an allotment 
under section 5563 of title 5, United States Code, under 
section 553 of title 37, United States Code, or under any other 
provision of law.
    (b) Amounts so allotted to the savings fund shall bear 
interest at a rate which, for any calendar quarter, shall be 
equal to the average rate paid on United States Treasury bills 
with three-month maturities issued during the preceding 
calendar quarter. Such interest shall be compounded quarterly.
    (c) Amounts may be allotted to the savings fund from pay 
and allowances for any pay period ending after November 4, 
1979, and before the establishment of the savings fund. 
Interest on amounts allotted from the pay and allowances for 
any such pay period shall be calculated as if the allotment had 
occurred at the end of the pay period.
    (d) Amounts in the savings fund credited to any American 
hostage shall be considered as pay and allowances for purposes 
of section 5563 of title 5, United States Code (or in the case 
of a member of the uniformed services, for purposes of section 
553 of title 37, United States Code) and shall otherwise be 
subject to withdrawal under procedures which the Secretary of 
the Treasury shall establish.

              medical and health care and related expenses

    Sec. 103. Under regulations prescribed by the President, 
the head of an agency may pay (by advancement or reimbursement) 
any individual who is an American hostage, or any family member 
of such an individual, for medical and health care, and other 
expenses related to such care, to the extent such care--
          (1) is incident to that individual being an American 
        hostage; and
          (2) is not covered by insurance.

                         education and training

    Sec. 104. (a)(1) Under regulations prescribed by the 
President, the head of an agency shall pay (by advancement or 
reimbursement) a spouse or child of an American hostage for 
expenses incurred for subsistence, tuition, fees, supplies, 
books, and equipment, and other educational expenses, while 
attending an educational or training institution.
    (2) Except as provided in paragraph (3), payments shall be 
available under this subsection for a spouse or child of an 
individual who is an American hostage for education or training 
which occurs--
          (A) after the nineteenth day after the date the 
        individual is placed in a captive status, and
          (B) on or before--
                  (i) the end of any semester or quarter (as 
                appropriate) which begins before the date on 
                which the hostage ceases to be in a captive 
                status, or
                  (ii) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course which began before such date or the end 
                of the twelve-week period following that date.
In order to respond to special circumstances, the President may 
specify a date for purposes of cessation of assistance under 
subparagraph (B) which is later than the date which would 
otherwise apply under subparagraph (B).
    (3) In the event an American hostage dies and the death is 
incident to that individual being an American hostage, payments 
shall be available under this subsection for a spouse or child 
of an individual who is an American hostage for education or 
training which occurs after the date of death.
    (4) The preceding provisions of this subsection shall not 
apply with respect to any spouse or child who is eligible for 
assistance under chapter 35 of title 38, United States Code.
    (b)(1) In order to respond to special circumstances, the 
head of an agency may, under regulations prescribed by the 
President, pay (by advancement or reimbursement) an American 
hostage for expenses incurred for subsistence, tuition, fees, 
supplies, books, and equipment, and other educational expenses, 
while attending an educational or training institution.
    (2) Payments shall be available under this subsection for 
an American hostage for education or training which occurs--
          (A) after the termination of such hostages' captive 
        status, and
          (B) on or before--
                  (i) the end of any semester or quarter (as 
                appropriate) which begins before the date which 
                is 10 years after the day on which the hostage 
                ceases to be in a captive status, or
                  (ii) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course which began before such date or the end 
                of the twelve-week period following that date.
    (c) Assistance under this section shall be discontinued for 
any individual whose conduct or progress is unsatisfactory 
under standards consistent with those established pursuant to 
section 1724 of title 38, United States Code.
    (d) In no event may assistance be provided under this 
section for any individual for a period in excess of forty-five 
months (or the equivalent thereof in part-time education or 
training).
    (e) Regulations prescribed by the President under this 
section shall provide that the program under this section be 
consistent with the assistance program under chapters 35 and 36 
of title 38, United States Code.

  extension of applicability of certain benefits of the soldiers' and 
                   sailors' civil relief act of 1940

    Sec. 105. (a) Under regulations prescribed by the 
President, an American hostage is entitled to the benefits 
provided by the Soldiers' and Sailors' Civil Relief Act of 1940 
(50 U.S.C. App. 501 et seq.), including the benefits provided 
by section 701 (50 U.S.C. App. 591) but excluding the benefits 
provided by sections 104, 105, 106, 400 through 408, 501 
through 512, and 514 (50 U.S.C. App. 514, 515, 516, 540 through 
548, 561 through 572, and 574).
    (b) In applying such Act for purposes of this section--
          (1) the term ``person in the military service'' is 
        deemed to include any such American hostage;
          (2) the term ``period of military service'' is deemed 
        to include the period during which such American 
        hostage is in a captive status; and
          (3) references to the Secretary of the Army, the 
        Secretary of the Navy, the Adjutant General of the 
        Army, the Chief of Naval Personnel, and the Commandant, 
        United States Marine Corps, are deemed to be references 
        to the Secretary of State.
    (c) The preceding provisions of this section shall not 
apply with respect to any American hostage covered by such 
provisions of the Soldiers' and Sailors' Civil Relief Act of 
1940 by reason of being in the Armed Forces.

                   applicability to colombian hostage

    Sec. 106. Notwithstanding the requirements of section 
101(1), for purposes of this title, Richard Starr of Edmonds, 
Washington, who, as a Peace Corps volunteer, was held captive 
in Colombia and released on or about February 10, 1980, shall 
be held and considered to be an American hostage placed in a 
captive status on November 4, 1979.

                             effective date

    Sec. 107. The preceding provisions of this title shall take 
effect as of November 4, 1979.

                        TITLE II--TAX PROVISIONS

                compensation excluded from gross income

    Sec. 201. For purposes of the Internal Revenue Code of 
1986,\2\ the gross income of an individual who was at any time 
an American hostage does not include compensation from the 
United States received for any month during any part of which 
such individual was--
---------------------------------------------------------------------------
    \2\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100 
Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted 
in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited 
in any law.
---------------------------------------------------------------------------
          (1) in captive status, or
          (2) hospitalized as a result of such individual's 
        captive status.

    income taxes of hostage where death results from captive status

    Sec. 202. (a) General Rule.--In the case of an individual 
who was at any time an American hostage and who dies as a 
result of injury or disease or physical or mental disability 
incurred or aggravated while such individual was in captive 
status--
          (1) any tax imposed by subtitle A of the Internal 
        Revenue Code of 1986 \2\ shall not apply with respect 
        to--
                  (A) the taxable year in which falls the date 
                of such individual's death, or
                  (B) any prior taxable year ending on or after 
                the first day such individual was in captive 
                status, and
          (2) any tax imposed under such subtitle A for taxable 
        years preceding those specified in paragraph (1) which 
        is unpaid at the date of such individual's death 
        (including interest, additions to the tax, and 
        additional amounts)--
                  (A) shall not be assessed,
                  (B) if assessed, the assessment shall be 
                abated, and
                  (C) if collected, shall be credited or 
                refunded as an overpayment.
    (b) Death Must Occur Within 2 Years of Cessation of Captive 
Status.--This section shall not apply unless the death of the 
individual occurs within 2 years after such individual ceases 
to be in captive status.

                      spouse may file joint return

    Sec. 203. (a) General Rule.--If an individual is an 
American hostage who is in captive status, such individual's 
spouse may elect to file a joint return under section 6013(a) 
of the Internal Revenue Code of 1986 \2\ for any taxable year--
          (1) which begins on or before the day which is 2 
        years after the date on which the hostage period ends, 
        and
          (2) for which such spouse is otherwise entitled to 
        file such a joint return.
    (b) Certain Rules Made Applicable.--For purposes of 
subsection (a), paragraphs (2) and (4) of section 6013(f) of 
such Code (relating to joint return where individual is in 
missing status) shall apply as if the election described in 
subsection (a) of this section were an election described in 
paragraph (1) of such section 6013(f).

 time for performing certain acts postponed by reason of captive status

    Sec. 204. (a) General Rule.--In the case of any individual 
who was at any time an American hostage, any period during 
which he was in captive status (and any period during which he 
was outside the United States and hospitalized as a result of 
captive status), and the next 180 days thereafter, shall be 
disregarded in determining, under the internal revenue laws, in 
respect of any tax liability (including any interest, penalty, 
additional amount, or addition to the tax) of such individual--
          (1) whether any of the acts specified in paragraph 
        (1) of section 7508(a) of the Internal Revenue Code of 
        1986 \2\ was performed within the time prescribed 
        therefor, and
          (2) the amount of any credit or refund (including 
        interest).
    (b) Application to Spouse.--The provisions of this section 
shall apply to the spouse of any individual entitled to the 
benefits of subsection (a). The preceding sentence shall not 
cause this section to apply to any spouse for any taxable year 
beginning more than 2 years after the date on which the hostage 
period ends.
    (c) Section 7508(d) Made Applicable.--Subsection (d) of 
section 7508 of the Internal Revenue Code of 1986 \2\ shall 
apply to subsection (a) in the same manner as if the benefits 
of subsection (a) were provided by subsection (a) of such 
section 7508.

                     definitions and special rules

    Sec. 205. (a) American Hostage.--For purposes of this 
title, the term ``American hostage'' means any individual who, 
while--
          (1) in the civil service or the uniformed services of 
        the United States, or
          (2) a citizen or resident alien of the United States 
        rendering personal service to the United States abroad 
        similar to the service of a civil officer or employee 
        of the United States (as determined by the Secretary of 
        State),
is placed in a captive status during the hostage period.
    (b) Hostage Period.--For purposes of this title, the term 
``hostage period'' means the period beginning on November 4, 
1979, and ending on whichever of the following dates is the 
earlier:
          (1) the date the President specifies, by Executive 
        order, as the date on which all citizens and resident 
        aliens of the United States who were placed in a 
        captive status due to the seizure of the United States 
        Embassy in Iran have been returned to the United States 
        or otherwise accounted for, or
          (2) December 31, 1981.
    (c) Captive Status.--For purposes of this title--
          (1) In general.--The term ``captive status'' means a 
        missing status arising because of a hostile action 
        abroad--
                  (A) which is directed against the United 
                States during the hostage period, and
                  (B) which is identified by the Secretary of 
                State in the Federal Register.
          (2) Missing status defined.--The term ``missing 
        status''--
                  (A) in the case of employees, has the meaning 
                given it in section 5561(5) of title 5, United 
                States Code,
                  (B) in the case of members of the uniformed 
                services, has the meaning given it in section 
                551(2) of title 37, United States Code, and
                  (C) in the case of other individuals, has a 
                similar meaning as that provided under such 
                sections, as determined by the Secretary of 
                State.
          For purposes of the preceding sentence, the term 
        ``employee'' has the meaning given to such term by 
        section 5561(2) of title 5, United States Code.
    (d) Hospitalized as a Result of Captive Status.--
          (1) In general.--For purposes of this title, an 
        individual shall be treated as hospitalized as a result 
        of captive status if such individual is hospitalized as 
        a result of injury or disease or physical or mental 
        disability incurred or aggravated while such individual 
        was in captive status.
          (2) 2-year limit.--Hospitalization shall be taken 
        into account for purposes of paragraph (1) only if it 
        is hospitalization--
                  (A) occurring on or before the day which is 2 
                years after the date on which the individual's 
                captive status ends (or, if earlier, the date 
                on which the hostage period ends), or
                  (B) which is part of a continuous period of 
                hospitalization which began on or before the 
                day determined under subparagraph (A).
    (e) Civil Service; Uniformed Services.--For purposes of 
this section, the terms ``civil service'' and ``uniformed 
services'' have the meanings given to such terms by section 
2101 of title 5, United States Code.
    (f) Application of Title to All Tehran Hostages.--In the 
case of any citizen or resident alien of the United States who 
is determined by the Secretary of State to have been held 
hostage in Tehran at any time during November 1979, for 
purposes of this title--
          (1) such individual shall be treated as an American 
        hostage whether or not such individual meets the 
        requirements of paragraph (1) or (2) of subsection (a), 
        and
          (2) if such individual was not in the civil service 
        or the uniformed services of the United States--
                  (A) section 201 shall be applied by 
                substituting ``earned income (as defined in 
                section 911(b) of the Internal Revenue Code of 
                1986) \2\ attributable to'' for ``compensation 
                from the United States received for'', and
                  (B) the amount excluded from gross income 
                under section 201 for any month shall not 
                exceed the monthly equivalent of the annual 
                rate of basic pay payable for level V of the 
                Executive Schedule.
    (g) Application of Title to Individual Held Captive in 
Colombia.--For purposes of this title, Richard Starr of 
Edmonds, Washington, who, as a Peace Corps volunteer, was held 
captive in Colombia, shall be treated as an American hostage 
who was in captive status beginning on November 4, 1979, and 
ending on February 10, 1980.
    (h) Special Rules.--
          (1) Compensation.--For purposes of this title, the 
        term ``compensation'' shall not include any amount 
        received as an annuity or as retirement pay.
          (2) Wage withholding.--Any amount excluded from gross 
        income under section 201 shall not be treated as wages 
        for purposes of chapter 24 of the Internal Revenue Code 
        of 1986.\2\

                   study of tax treatment of hostages

    Sec. 206. (a) Study.--The Chief of Staff of the Joint 
Committee on Taxation shall study all aspects of the tax 
treatment of citizens and resident aliens of the United States 
who are taken hostage or are otherwise placed in a missing 
status.
    (b) Report.--The Chief of Staff of the Joint Committee on 
Taxation shall, before July 1, 1981, report the results of the 
study made pursuant to subsection (a) to the Committee on Ways 
and Means of the House of Representatives and the Committee on 
Finance of the Senate.

              TITLE III--TREATMENT OF THE HOSTAGES IN IRAN

                 visits by the international red cross

    Sec. 301. (a) The Congress finds that--
          (1) the continued illegal and unjustified detention 
        of the American hostages by the Government of Iran has 
        resulted in the deterioration of relations between the 
        United States and Iran; and
          (2) the protracted length and the conditions of their 
        confinement have reportedly endangered the physical and 
        mental well-being of the hostages.
    (b) Therefore, it is the sense of the Congress that the 
President should make a formal request of the International 
Committee of the Red Cross to--
          (1) make regular and periodic visits to the American 
        hostages being held in Iran for the purpose of 
        determining whether the hostages are being treated in a 
        humane and decent manner and whether they are receiving 
        proper medical attention;
          (2) urge other countries to solicit the cooperation 
        of the Government of Iran in the visits to the hostages 
        by the International Committee of the Red Cross; and
          (3) report to the United States its findings after 
        each such visit.
=======================================================================




          C. ANTITERRORISM AND DIPLOMATIC SECURITY LEGISLATION

                                CONTENTS

                                                                   Page

1. Antiterrorism and Effective Death Penalty Act of 1996 (Public 
    Law 104-132) (partial text)..................................   105
      Title II--Justice for Victims..............................   105
      Title III--International Terrorism Prohibitions............   106
      Title V--Nuclear, Biological, and Chemical Weapons 
          Restrictions...........................................   110
      Title VI--Implementation of Plastic Explosives Convention..   115
      Title VII--Criminal Law Modifications to Counter Terrorism.   116
      Title VIII--Assistance to Law Enforcement..................   117
2. Omnibus Diplomatic Security and Antiterrorism Act of 1986, as 
    amended (Public Law 99-399) (partial text)...................   121
      Title I--Diplomatic Security...............................   123
      Title II--Personnel........................................   127
      Title III--Performance and Accountability..................   128
      Title IV--Diplomatic Security Program......................   132
      Title V--State Department Authorities to Combat 
          International Terrorism................................   139
      Title VI--International Nuclear Terrorism..................   139
      Title VII--Multilateral Cooperation to Combat International 
          Terrorism..............................................   141
      Title VIII--Victims of Terrorism Compensation..............   142
      Title IX--Maritime Security................................   153
      Title XI--Security at Military Bases Abroad................   157
      Title XII--Criminal Punishment of International Terrorism..   158
3. Crimes and Criminal Procedure (Title 18, United States Code) 
    (partial text)...............................................   160
      Part 1--Crimes.............................................   160
            Chapter 1--General provisions........................   160
                Section 7--Special Maritime and Territorial 
                  Jurisdiction of the United States Defined......   160
            Chapter 2--Aircraft and Motor Vehicles...............   161
                Section 32--Destruction of Aircraft or Aircraft 
                  Facilities.....................................   161
                Section 37--Violence at International Airports...   162
            Chapter 7--Assault...................................   163
                Section 112--Protection of Foreign Officials, 
                  Official Guests, and Internationally Protected 
                  Persons........................................   163
            Chapter 10--Biological Weapons.......................   164
                Section 175--Prohibitions with Respect to 
                  Biological Weapons.............................   164
                Section 175a--Requests for Military Assistance to 
                  Enforce Prohibition in Certain Emergencies.....   165
                Section 176--Seizure, Forfeiture, and Destruction   165
                Section 177--Injunctions.........................   165
                Section 178--Definitions.........................   166
            Chapter 39--Explosives and combustibles..............   166
                Section 831--Prohibited Transactions Involving 
                  Nuclear Materials..............................   166
            Chapter 41--Extortion and threats....................   170
                Section 878--Threats and Extortion Against 
                  Foreign Officials, Official Guests, or 
                  Internationally Protected Persons..............   170
            Chapter 44--Firearms.................................   170
                Section 922--Includes Undetectable Firearms Act 
                  of 1988........................................   170
                Section 924--Penalties...........................   171
            Chapter 45--Foreign relations........................   177
                Section 970--Protection of Property Occupied by 
                  Foreign Governments............................   177
            Chapter 51--Homicide.................................   178
                Section 1116--Murder or Manslaughter of Foreign 
                  Officials, Official Guests, or Internationally 
                  Protected Persons..............................   178
                Section 1117--Conspiracy to Murder...............   180
            Chapter 55--Kidnapping...............................   180
                Section 1201--Kidnapping.........................   180
                Section 1203--Hostage Taking.....................   180
            Chapter 75--Passports and Visas......................   182
                Section 1541--Issuance without Authority.........   182
                Section 1542--False Statement in Application and 
                  Use of Passport................................   182
                Section 1543--Forgery or False Use of Passport...   183
                Section 1544--Misuse of Passport.................   183
                Section 1545--Safe Conduct Violation.............   183
                Section 1546--Fraud and Misuse of Visas, Permits, 
                  and Other Documents............................   183
            Chapter 111--Shipping................................   185
                Section 2280--Violence Against Maritime 
                  Navigation.....................................   185
                Section 2281--Violence Against Maritime Fixed 
                  Platforms......................................   187
            Chapter 113B--Terrorism..............................   189
                Section 2331--Definitions........................   189
                Section 2332--Criminal Penalties.................   190
                Section 2332a--Use of Weapons of Mass Destruction   191
                Section 2332b--Acts of Terrorism Transcending 
                  National Boundaries............................   192
                Section 2332c--Use of Chemical Weapons...........   195
                Section 2332d--Financial Transactions............   195
                Section 2332e--Requests for Military Assistance 
                  to Enforce Prohibition in Certain Emergencies..   196
                Section 2333--Civil Remedies.....................   196
                Section 2334--Jurisdiction and Venue.............   196
                Section 2335--Limitation of Actions..............   197
                Section 2336--Other Limitations..................   197
                Section 2337--Suits Against Government Officials.   198
                Section 2338--Exclusive Federal Jurisdiction.....   198
                Section 2339A--Providing Material Support to 
                  Terrorists.....................................   198
                Section 2339B--Providing Material Support or 
                  Resources to Designated Foreign Terrorist 
                  Organizations..................................   198
            Chapter 204--Rewards for Information Concerning 
                Terrorist Acts...................................   202
                Section 3071--Information for Which Rewards 
                  Authorized.....................................   202
                Section 3072--Determination of Entitlement; 
                  Maximum Amount; Presidential Approval; 
                  Conclusiveness.................................   202
                Section 3073--Protection of Identity.............   203
                Section 3074--Exception of Governmental Officials   203
                Section 3075--Authorization for Appropriations...   203
                Section 3076--Eligibility for Witness Security 
                  Program........................................   203
                Section 3077--Definitions........................   203
            Chapter 213--Limitations.............................   204
                Section 3286--Extension of Statute of Limitation 
                  for Certain Terrorism Offenses.................   204
                Section 3291--Nationality, Citizenship and 
                  Passports......................................   205
            Chapter 228--Death sentence..........................   205
                Section 3592--Mitigating and aggravating factors 
                  to be considered in determining whether a 
                  sentence of death is justified; include (c)(9).   205
4. Violent Crime Control and Law Enforcement Act of 1994 (Public 
    Law 103-322) (partial text)..................................   209
      Title XI--Terrorism........................................   209
            Section 120004--Sentencing Guidelines Increase for 
                Terrorist Crimes.................................   209
5. Act for the Protection of Foreign Officials and Official 
    Guests of the United States (Public Law 92-539) (partial 
    text)........................................................   210
6. Anti-Terrorism and Arms Export Amendments Act of 1989 (Public 
    Law 101-222) (partial text)..................................   211
      Section 10--Self-Defense in Accordance with International 
          Law....................................................   211
7. Biological Weapons Anti-Terrorism Act of 1989 (Public Law 101-
    298) (partial text)..........................................   212
      Section 2--Purpose and Intent..............................   212
8. 1984 Act To Combat International Terrorism, as amended (Public 
    Law 98-533) (partial text)...................................   213
      Title II--International Cooperation........................   213
      Title III--Security of United States Missions Abroad.......   214
9. Foreign Sovereign Immunities (Title 28, United States Code) 
    (partial text)...............................................   215
      Chapter 85--District Courts; Jurisdiction..................   215
            Section 1330--Actions against Foreign States.........   215
      Chapter 97--Jurisdictional Immunities of Foreign States....   215

=======================================================================

        1. Antiterrorism and Effective Death Penalty Act of 1996

 Partial text of Public Law 104-132 [S. 735], 110 Stat. 1214, approved 
                             April 24, 1996




          Note.--Except for the provisions noted below, the 
        Antiterrorism and Effective Death Penalty Act of 1996 
        amends other legislation and has been incorporated into 
        those laws, or consists of legislation not generally 
        related to foreign policy. Complete text of the Act may 
        be found at 110 Stat. 1214.




AN ACT To deter terrorism, provide justice for victims, provide for an 
            effective death penalty, and for other purposes.

    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 ``Antiterrorism and Effective 
Death Penalty Act of 1996''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows: * * *

           *       *       *       *       *       *       *


TITLE II--JUSTICE FOR VICTIMS

           *       *       *       *       *       *       *


     Subtitle B--Jurisdiction for Lawsuits Against Terrorist States

SEC. 221.\1\ JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES. * * *
---------------------------------------------------------------------------

    \1\ Sec. 221 amended 28 USC 1605 and 1610, relating to foreign 
sovereign immunity. See Sec. C.9.
---------------------------------------------------------------------------

             Subtitle C--Assistance to Victims of Terrorism

SEC. 231. SHORT TITLE.

    This subtitle may be cited as the ``Justice for Victims of 
Terrorism Act of 1996''.

SEC. 232. VICTIMS OF TERRORISM ACT.

    (a) Authority To Provide Assistance and Compensation to 
Victims of Terrorism.--The Victims of Crime Act of 1984 (42 
U.S.C. 10601 et seq.) is amended by inserting after section 
1404A the following new section:

``SEC. 1404B.\2\ COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR 
                    MASS VIOLENCE.

    ``(a) Victims of Acts of Terrorism Outside the United 
States.--The Director \3\ may make supplemental grants as 
provided in section 1404(a) to States to provide compensation 
and assistance to the residents of such States who, while 
outside of the territorial boundaries of the United States, are 
victims of a terrorist act or mass violence and are not persons 
eligible for compensation under title VIII of the Omnibus 
Diplomatic Security and Antiterrorism Act of 1986.
---------------------------------------------------------------------------
    \2\ 42 U.S.C. 10603b.
    \3\ Director of the Crime Victims Fund, Department of the Treasury, 
as established by the Victims of Crime Act of 1984 (title II of Public 
Law 98-473; 42 U.S.C. 10601 et seq..).

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 233. COMPENSATION OF VICTIMS OF TERRORISM.

    (a) * * *
    (b) \4\ Foreign Terrorism.--Section 1403(b)(6)(B) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is 
amended by inserting ``are outside of the United States (if the 
compensable crime is terrorism, as defined in section 2331 of 
title 18, United States Code), or'' before ``are States not 
having''.
---------------------------------------------------------------------------
    \4\ Sec. 1403(b)(6)(B) of the Victims of Crime Act of 1984, as 
amended, effective April 24, 1997, provides as follows:
    ``Sec. 10602. Crime victim compensation
    ``(b) Eligible crime victim compensation programs
    * * *
---------------------------------------------------------------------------

          ``(6) such program provides compensation to residents of the 
        State who are victims of crimes occurring outside the State 
        if--

                  ``(A) the crimes would be compensable crimes had they 
                occurred inside that State; and
                  ``(B) the places the crimes occurred in are outside 
                of the United States (if the compensable crime is 
                terrorism, as defined in section 2331 of title 18, 
                United States Code), or are States not having eligible 
                crime victim compensation programs;''.
    (c) * * *
    (d) Effective Date.--This section and the amendments made 
by this section shall take effect 1 year after the date of 
enactment of this Act.

           *       *       *       *       *       *       *


            TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS


     Subtitle A--Prohibition on International Terrorist Fundraising


SEC. 301.\5\ FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \5\ 18 U.S.C. 2339B note.
---------------------------------------------------------------------------
          (1) international terrorism is a serious and deadly 
        problem that threatens the vital interests of the 
        United States;
          (2) the Constitution confers upon Congress the power 
        to punish crimes against the law of nations and to 
        carry out the treaty obligations of the United States, 
        and therefore Congress may by law impose penalties 
        relating to the provision of material support to 
        foreign organizations engaged in terrorist activity;
          (3) the power of the United States over immigration 
        and naturalization permits the exclusion from the 
        United States of persons belonging to international 
        terrorist organizations;
          (4) international terrorism affects the interstate 
        and foreign commerce of the United States by harming 
        international trade and market stability, and limiting 
        international travel by United States citizens as well 
        as foreign visitors to the United States;
          (5) international cooperation is required for an 
        effective response to terrorism, as demonstrated by the 
        numerous multilateral conventions in force providing 
        universal prosecutive jurisdiction over persons 
        involved in a variety of terrorist acts, including 
        hostage taking, murder of an internationally protected 
        person, and aircraft piracy and sabotage;
          (6) some foreign terrorist organizations, acting 
        through affiliated groups or individuals, raise 
        significant funds within the United States, or use the 
        United States as a conduit for the receipt of funds 
        raised in other nations; and
          (7) foreign organizations that engage in terrorist 
        activity are so tainted by their criminal conduct that 
        any contribution to such an organization facilitates 
        that conduct.
    (b) Purpose.--The purpose of this subtitle is to provide 
the Federal Government the fullest possible basis, consistent 
with the Constitution, to prevent persons within the United 
States, or subject to the jurisdiction of the United States, 
from providing material support or resources to foreign 
organizations that engage in terrorist activities.

SEC. 302. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.

    (a) In General.--Chapter 2 of title II of the Immigration 
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
adding at the end the following: * * * \6\
---------------------------------------------------------------------------
    \6\ Sec. 302 added a new sec. 219 (8 U.S.C. 1189), relating to the 
designation of foreign terrorist organizations, to the Immigration and 
Nationality Act. See Sec. 6.1.
---------------------------------------------------------------------------
    (b)  * * *

SEC. 303. PROHIBITION ON TERRORIST FUNDRAISING.

    (a) In General.--Chapter 113B of title 18, United States 
Code, is amended by adding at the end the following new 
section: * * * \7\
---------------------------------------------------------------------------
    \7\ Sec. 303(a) added a new sec. 2339B to 18 U.S.C., relating to 
providing material support or resources to designated foreign terrorist 
organizations; see Sec. 6.1. Subsecs. (b) and (c) made technical 
amendments to 18 U.S.C.
---------------------------------------------------------------------------
    (b)  * * *
    (c)  * * *

       Subtitle B--Prohibition on Assistance to Terrorist States


SEC. 321. FINANCIAL TRANSACTIONS WITH TERRORISTS.

    (a) In General.--Chapter 113B of title 18, United States 
Code, relating to terrorism, is amended by inserting after the 
section 2332c added by section 521 of this Act the following 
new section: * * * \8\
---------------------------------------------------------------------------
    \8\ Sec. 321(a) added a new sec. 2332d to 18 U.S.C., relating to 
financial transactions with terrorists. See Sec. 6.1. Subsec. (b) made 
a technical amendment to the same title.
---------------------------------------------------------------------------
    (b) * * *
    (c) Effective Date.--The amendments made by this section 
shall become effective 120 days after the date of enactment of 
this Act.

SEC. 322. FOREIGN AIR TRAVEL SAFETY.

    Section 44906 of title 49, United States Code, is amended 
to read as follows: * * * \9\
---------------------------------------------------------------------------
    \9\ Sec. 322 amended and restated 49 U.S.C. 44906, relating to 
foreign air carrier security programs. See Sec. F.1.
---------------------------------------------------------------------------

SEC. 323. MODIFICATION OF MATERIAL SUPPORT PROVISION.

    Section 2339A of title 18, United States Code, is amended 
to read as follows: * * * \10\
---------------------------------------------------------------------------
    \10\ Sec. 323 amended and restated 18 U.S.C. 2339A, relating to 
providing material support to terrorists. See Sec. C.3.
---------------------------------------------------------------------------

SEC. 324.\11\ FINDINGS.

    The Congress finds that--
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 2377 note.
---------------------------------------------------------------------------
          (1) international terrorism is among the most serious 
        transnational threats faced by the United States and 
        its allies, far eclipsing the dangers posed by 
        population growth or pollution;
          (2) the President should continue to make efforts to 
        counter international terrorism a national security 
        priority;
          (3) because the United Nations has been an inadequate 
        forum for the discussion of cooperative, multilateral 
        responses to the threat of international terrorism, the 
        President should undertake immediate efforts to develop 
        effective multilateral responses to international 
        terrorism as a complement to national counter terrorist 
        efforts;
          (4) the President should use all necessary means, 
        including covert action and military force, to disrupt, 
        dismantle, and destroy international infrastructure 
        used by international terrorists, including overseas 
        terrorist training facilities and safe havens;
          (5) the Congress deplores decisions to ease, evade, 
        or end international sanctions on state sponsors of 
        terrorism, including the recent decision by the United 
        Nations Sanctions Committee to allow airline flights to 
        and from Libya despite Libya's noncompliance with 
        United Nations resolutions; and
          (6) the President should continue to undertake 
        efforts to increase the international isolation of 
        state sponsors of international terrorism, including 
        efforts to strengthen international sanctions, and 
        should oppose any future initiatives to ease sanctions 
        on Libya or other state sponsors of terrorism.

SEC. 325. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST 
                    STATES.

    The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) 
is amended by adding immediately after section 620F the 
following new section: * * * \12\
---------------------------------------------------------------------------
    \12\ Sec. 325 added a new sec. 620G to the Foreign Assistance Act 
of 1961 (22 U.S.C. 2377), relating to a prohibition on assistance to 
countries that aid terrorist states. See Sec. A.1.
---------------------------------------------------------------------------

SEC. 326. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY 
                    EQUIPMENT TO TERRORIST STATES.

    The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) 
is amended by adding immediately after section 620G the 
following new section: * * * \13\
---------------------------------------------------------------------------
    \13\ Sec. 326 added a new sec. 620H to the Foreign Assistance Act 
of 1961 (22 U.S.C. 2377), relating to a prohibition on assistance to 
countries that provide military equipment to terrorist states. See Sec. 
A.1.
---------------------------------------------------------------------------

SEC. 327. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL 
                    INSTITUTIONS TO TERRORIST STATES.

    The International Financial Institutions Act (22 U.S.C. 
262c et seq.) is amended by inserting after section 1620 the 
following new section: * * * \14\
---------------------------------------------------------------------------
    \14\ Sec. 327 added a new sec. 1621 to the International Financial 
Institutions Act (22 U.S.C. 262p-4q), relating to opposition to 
assistance by international financial institutions to terrorist states. 
See Sec. E.9.
---------------------------------------------------------------------------

SEC. 328. ANTITERRORISM ASSISTANCE.

    (a) Foreign Assistance Act.--Section 573 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2349aa-2) is amended--* * * 
\15\
---------------------------------------------------------------------------
    \15\ See Sec. A.1.
---------------------------------------------------------------------------
    (b) Assistance to Foreign Countries To Procure Explosives 
Detection Devices and Other Counterterrorism Technology.--(1) 
Subject to section 575(b), up to $3,000,000 in any fiscal year 
may be made available--
          (A) to procure explosives detection devices and other 
        counterterrorism technology; and
          (B) for joint counterterrorism research and 
        development projects on such technology conducted with 
        NATO and major non-NATO allies under the auspices of 
        the Technical Support Working Group of the Department 
        of State.
    (2) As used in this subsection, the term ``major non-NATO 
allies'' means those countries designated as major non-NATO 
allies for purposes of section 2350a(i)(3) of title 10, United 
States Code.
    (c) Assistance to Foreign Countries.--Notwithstanding any 
other provision of law (except section 620A of the Foreign 
Assistance Act of 1961) up to $1,000,000 in assistance may be 
provided to a foreign country for counterterrorism efforts in 
any fiscal year if--
          (1) such assistance is provided for the purpose of 
        protecting the property of the United States Government 
        or the life and property of any United States citizen, 
        or furthering the apprehension of any individual 
        involved in any act of terrorism against such property 
        or persons; and
          (2) the appropriate committees of Congress are 
        notified not later than 15 days prior to the provision 
        of such assistance.

SEC. 329.\16\ DEFINITION OF ASSISTANCE.

    For purposes of this title--
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 2349aa)-10 note.
---------------------------------------------------------------------------
          (1) the term ``assistance'' means assistance to or 
        for the benefit of a government of any country that is 
        provided by grant, concessional sale, guaranty, 
        insurance, or by any other means on terms more 
        favorable than generally available in the applicable 
        market, whether in the form of a loan, lease, credit, 
        debt relief, or otherwise, including subsidies for 
        exports to such country and favorable tariff treatment 
        of articles that are the growth, product, or 
        manufacture of such country; and
          (2) the term ``assistance'' does not include 
        assistance of the type authorized under chapter 9 of 
        part 1 of the Foreign Assistance Act of 1961 (relating 
        to international disaster assistance).

SEC. 330. PROHIBITION ON ASSISTANCE UNDER ARMS EXPORT CONTROL ACT FOR 
                    COUNTRIES NOT COOPERATING FULLY WITH UNITED STATES 
                    ANTITERRORISM EFFORTS.

    Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et 
seq.) is amended by adding at the end the following: * * * \17\
---------------------------------------------------------------------------
    \17\ Sec. 330 added a new sec. 40A to the Arms Export Control Act 
(22 U.S.C. 2781), relating to transactions with countries not fully 
cooperating with United States antiterrorism efforts. See Sec. A.2.
---------------------------------------------------------------------------

      TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION


                Subtitle A--Removal of Alien Terrorists


SEC. 401. ALIEN TERRORIST REMOVAL.

    (a) In General.--The Immigration and Nationality Act is 
amended by adding at the end the following new title: * * * 
\18\
---------------------------------------------------------------------------
    \18\ Sec. 401(a) added a new title V to the Immigration and 
Nationality Act, relating to alien terrorist removal procedures. See 8 
U.S.C. 1531-1537. Subsec. (b) through (e) made related technical 
amendments.
---------------------------------------------------------------------------
    (b)-(e) * * *
    (f) Effective Date.--The amendments made by this section 
shall take effect on the date of enactment of this Act and 
shall apply to all aliens without regard to the date of entry 
or attempted entry into the United States.

   Subtitle B--Exclusion of Members and Representatives of Terrorist 
                        Organizations * * * \19\

---------------------------------------------------------------------------
    \19\ Subtitle B made several amendments to the Immigration and 
Nationality Act relating to the exclusion of alien terrorists, denial 
of visas and other relief. See 8 U.S.C. 1182, 1251, 1253, 1254, 1255, 
and 1259.
---------------------------------------------------------------------------

        Subtitle C--Modification to Asylum Procedures * * * \20\

---------------------------------------------------------------------------
    \20\ Subtitle C made several amendments to the Immigration and 
Nationality Act relating to asylum procedures. See 8 U.S.C. 1105a, 
1158, and 1225.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

    TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS


                     Subtitle A--Nuclear Materials


SEC. 501.\21\ FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \21\ 18 U.S.C. 831 note.
---------------------------------------------------------------------------
          (1) nuclear materials, including byproduct materials, 
        can be used to create radioactive dispersal devices 
        that are capable of causing serious bodily injury as 
        well as substantial damage to property and to the 
        environment;
          (2) the potential use of nuclear materials, including 
        byproduct materials, enhances the threat posed by 
        terrorist activities and thereby has a greater effect 
        on the security interests of the United States;
          (3) due to the widespread hazards presented by the 
        threat of nuclear contamination, as well as nuclear 
        bombs, the United States has a strong interest in 
        ensuring that persons who are engaged in the illegal 
        acquisition and use of nuclear materials, including 
        byproduct materials, are prosecuted for their offenses;
          (4) the threat that nuclear materials will be 
        obtained and used by terrorist and other criminal 
        organizations has increased substantially since the 
        enactment in 1982 of the legislation that implemented 
        the Convention on the Physical Protection of Nuclear 
        Material, codified at section 831 of title 18, United 
        States Code;
          (5) the successful efforts to obtain agreements from 
        other countries to dismantle nuclear weapons have 
        resulted in increased packaging and transportation of 
        nuclear materials, thereby decreasing the security of 
        such materials by increasing the opportunity for 
        unlawful diversion and theft;
          (6) the trafficking in the relatively more common, 
        commercially available, and usable nuclear and 
        byproduct materials creates the potential for 
        significant loss of life and environmental damage;
          (7) report trafficking incidents in the early 1990's 
        suggest that the individuals involved in trafficking in 
        these materials from Eurasia and Eastern Europe 
        frequently conducted their black market sales of these 
        materials within the Federal Republic of Germany, the 
        Baltic States, the former Soviet Union, Central Europe, 
        and to a lesser extent in the Middle European 
        countries;
          (8) the international community has become 
        increasingly concerned over the illegal possession of 
        nuclear and nuclear byproduct materials;
          (9) the potentially disastrous ramifications of 
        increased access to nuclear and nuclear byproduct 
        materials pose such a significant threat that the 
        United States must use all lawful methods available to 
        combat the illegal use of such materials;
          (10) the United States has an interest in encouraging 
        United States corporations to do business in the 
        countries that comprised the former Soviet Union, and 
        in other developing democracies;
          (11) protection of such United States corporations 
        from threats created by the unlawful use of nuclear 
        materials is important to the success of the effort to 
        encourage business ventures in these countries, and to 
        further the foreign relations and commerce of the 
        United States;
          (12) the nature of nuclear contamination is such that 
        it may affect the health, environment, and property of 
        United States nationals even if the acts that 
        constitute the illegal activity occur outside the 
        territory of the United States, and are primarily 
        directed toward foreign nationals; and
          (13) there is presently no Federal criminal statute 
        that provides adequate protection to United States 
        interests from nonweapons grade, yet hazardous 
        radioactive material, and from the illegal diversion of 
        nuclear materials that are held for other than peaceful 
        purposes.
    (b) Purpose.--The purpose of this title is to provide 
Federal law enforcement agencies with the necessary means and 
the maximum authority permissible under the Constitution to 
combat the threat of nuclear contamination and proliferation 
that may result from the illegal possession and use of 
radioactive materials.

SEC. 502. EXPANSION OF SCOPE AND JURISDICTIONAL BASES OF NUCLEAR 
                    MATERIALS PROHIBITIONS.

    Section 831 of title 18, United States Code, is amended--* 
* * \22\
---------------------------------------------------------------------------
    \22\ See Sec. C.3.
---------------------------------------------------------------------------

SEC. 503. REPORT TO CONGRESS ON THEFTS OF EXPLOSIVE MATERIALS FROM 
                    ARMORIES.

    (a) Study.--The Attorney General and the Secretary of 
Defense shall jointly conduct a study of the number and extent 
of thefts from military arsenals (including National Guard 
armories) of firearms, explosives, and other materials that are 
potentially useful to terrorists.
    (b) Report to the Congress.--Not later than 6 months after 
the date of enactment of this Act, the Attorney General and the 
Secretary of Defense shall jointly prepare and transmit to the 
Congress a report on the findings of the study conducted under 
subsection (a).

              Subtitle B--Biological Weapons Restrictions


SEC. 511.\23\ ENHANCED PENALTIES AND CONTROL OF BIOLOGICAL AGENTS.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \23\ 42 U.S.C. 262 note.
---------------------------------------------------------------------------
          (1) certain biological agents have the potential to 
        pose a severe threat to public health and safety;
          (2) such biological agents can be used as weapons by 
        individuals or organizations for the purpose of 
        domestic or international terrorism or for other 
        criminal purposes;
          (3) the transfer and possession of potentially 
        hazardous biological agents should be regulated to 
        protect public health and safety; and
          (4) efforts to protect the public from exposure to 
        such agents should ensure that individuals and groups 
        with legitimate objectives continue to have access to 
        such agents for clinical and research purposes.
    (b) Criminal Enforcement.--Chapter 10 of title 18, United 
States Code, is amended-- * * * \24\
---------------------------------------------------------------------------
    \24\ Subsec. (b) amended 18 U.S.C. 175-178. For text, see Sec. C.3.
---------------------------------------------------------------------------
    (c) Terrorism.--Section 2332a(a) of title 18, United States 
Code,\25\ is amended by inserting ``, including any biological 
agent, toxin, or vector (as those terms are defined in section 
178)'' after ``destruction''.
---------------------------------------------------------------------------
    \25\ See Sec. C.3.
---------------------------------------------------------------------------
    (d) Regulatory Control of Biological Agents.--
          (1) List of biological agents.--
                  (A) In general.--The Secretary shall, through 
                regulations promulgated under subsection (f), 
                establish and maintain a list of each 
                biological agent that has the potential to pose 
                a severe threat to public health and safety.
                  (B) Criteria.--In determining whether to 
                include an agent on the list under subparagraph 
                (A), the Secretary shall--
                          (i) consider--
                                  (I) the effect on human 
                                health of exposure to the 
                                agent;
                                  (II) the degree of 
                                contagiousness of the agent and 
                                the methods by which the agent 
                                is transferred to humans;
                                  (III) the availability and 
                                effectiveness of immunizations 
                                to prevent and treatments for 
                                any illness resulting from 
                                infection by the agent; and
                                  (IV) any other criteria that 
                                the Secretary considers 
                                appropriate; and
                          (ii) consult with scientific experts 
                        representing appropriate professional 
                        groups.
    (e) Regulation of Transfers of Listed Biological Agents.--
The Secretary shall, through regulations promulgated under 
subsection (f), provide for--
          (1) the establishment and enforcement of safety 
        procedures for the transfer of biological agents listed 
        pursuant to subsection (d)(1), including measures to 
        ensure--
                  (A) proper training and appropriate skills to 
                handle such agents; and
                  (B) proper laboratory facilities to contain 
                and dispose of such agents;
          (2) safeguards to prevent access to such agents for 
        use in domestic or international terrorism or for any 
        other criminal purpose;
          (3) the establishment of procedures to protect the 
        public safety in the event of a transfer or potential 
        transfer of a biological agent in violation of the 
        safety procedures established under paragraph (1) or 
        the safeguards established under paragraph (2); and
          (4) appropriate availability of biological agents for 
        research, education, and other legitimate purposes.
    (f) Regulations.--The Secretary shall carry out this 
section by issuing--
          (1) proposed rules not later than 60 days after the 
        date of enactment of this Act; and
          (2) final rules not later than 120 days after the 
        date of enactment of this Act.
    (g) Definitions.--For purposes of this section--
          (1) the term ``biological agent'' has the same 
        meaning as in section 178 of title 18, United States 
        Code; and
          (2) the term ``Secretary'' means the Secretary of 
        Health and Human Services.

               Subtitle C--Chemical Weapons Restrictions


SEC. 521. CHEMICAL WEAPONS OF MASS DESTRUCTION; STUDY OF FACILITY FOR 
                    TRAINING AND EVALUATION OF PERSONNEL WHO RESPOND TO 
                    USE OF CHEMICAL OR BIOLOGICAL WEAPONS IN URBAN AND 
                    SUBURBAN AREAS.

    (a) Chemical Weapons of Mass Destruction.--Chapter 113B of 
title 18, United States Code, relating to terrorism, is amended 
by inserting after section 2332b as added by section 702 of 
this Act the following new section: * * * \26\
---------------------------------------------------------------------------
    \26\ Sec. 521(a) added a new sec. 2332c to 18 U.S.C., relating to 
the use of chemical weapons. See Sec. C.3. Subsec. (c) made a clerical 
amendment to 18 U.S.C.
---------------------------------------------------------------------------
    (b) \27\ Study of Facility for Training and Evaluation of 
Personnel Who Respond To Use of Chemical or Biological Weapons 
in Urban and Suburban Areas.--
---------------------------------------------------------------------------
    \27\ 50 U.S.C. 1522 note.
---------------------------------------------------------------------------
          (1) Findings.--The Congress finds that--
                  (A) the threat of the use of chemical and 
                biological weapons by Third World countries and 
                by terrorist organizations has increased in 
                recent years and is now a problem of worldwide 
                significance;
                  (B) the military and law enforcement agencies 
                in the United States that are responsible for 
                responding to the use of such weapons require 
                additional testing, training, and evaluation 
                facilities to ensure that the personnel of such 
                agencies discharge their responsibilities 
                effectively; and
                  (C) a facility that recreates urban and 
                suburban locations would provide an especially 
                effective environment in which to test, train, 
                and evaluate such personnel for that purpose.
          (2) Study of facility.--
                  (A) In general.--The President shall 
                establish an interagency task force to 
                determine the feasibility and advisability of 
                establishing a facility that recreates both an 
                urban environment and a suburban environment in 
                such a way as to permit the effective testing, 
                training, and evaluation in such environments 
                of government personnel who are responsible for 
                responding to the use of chemical and 
                biological weapons in the United States.
                  (B) Description of facility.--The facility 
                considered under subparagraph (A) shall 
                include--
                          (i) facilities common to urban 
                        environments (including a multistory 
                        building and an underground rail 
                        transit system) and to suburban 
                        environments;
                          (ii) the capacity to produce 
                        controllable releases of chemical and 
                        biological agents from a variety of 
                        urban and suburban structures, 
                        including laboratories, small 
                        buildings, and dwellings;
                          (iii) the capacity to produce 
                        controllable releases of chemical and 
                        biological agents into sewage, water, 
                        and air management systems common to 
                        urban areas and suburban areas;
                          (iv) chemical and biocontaminant 
                        facilities at the P3 and P4 levels;
                          (v) the capacity to test and evaluate 
                        the effectiveness of a variety of 
                        protective clothing and facilities and 
                        survival techniques in urban areas and 
                        suburban areas; and
                          (vi) the capacity to test and 
                        evaluate the effectiveness of variable 
                        sensor arrays (including video, audio, 
                        meteorological, chemical, and biosensor 
                        arrays) in urban areas and suburban 
                        areas.
                  (C) Sense of congress.--It is the sense of 
                Congress that the facility considered under 
                subparagraph (A) shall, if established--
                          (i) be under the jurisdiction of the 
                        Secretary of Defense; and
                          (ii) be located at a principal 
                        facility of the Department of Defense 
                        for the testing and evaluation of the 
                        use of chemical and biological weapons 
                        during any period of armed conflict.
    (c) * * *

       TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION


SEC. 601.\28\ FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \28\ 18 U.S.C. 841 note. Secs. 602-605 of this title amended 18 
U.S.C. to implement the Convention on the Marking of Plastic Explosives 
for the Purpose of Detection, done at Montreal, March 1, 1991. See 18 
U.S.C. 841, 842, 844, 845. Sec. 606 amended sec. 596(c)(1) of the 
Tariff Act of 1930; see 19 U.S.C. 1595a(c)(1)).
---------------------------------------------------------------------------
          (1) plastic explosives were used by terrorists in the 
        bombings of Pan American Airlines flight number 103 in 
        December 1988 and UTA flight number 722 in September 
        1989;
          (2) plastic explosives can be used with little 
        likelihood of detection for acts of unlawful 
        interference with civil aviation, maritime navigation, 
        and other modes of transportation;
          (3) the criminal use of plastic explosives places 
        innocent lives in jeopardy, endangers national 
        security, affects domestic tranquility, and gravely 
        affects interstate and foreign commerce;
          (4) the marking of plastic explosives for the purpose 
        of detection would contribute significantly to the 
        prevention and punishment of such unlawful acts; and
          (5) for the purpose of deterring and detecting such 
        unlawful acts, the Convention on the Marking of Plastic 
        Explosives for the Purpose of Detection, Done at 
        Montreal on 1 March 1991, requires each contracting 
        State to adopt appropriate measures to ensure that 
        plastic explosives are duly marked and controlled.
    (b) Purpose.--The purpose of this title is to fully 
implement the Convention on the Marking of Plastic Explosives 
for the Purpose of Detection, Done at Montreal on 1 March 1991.

           *       *       *       *       *       *       *


SEC. 607.\29\ EFFECTIVE DATE.

    Except as otherwise provided in this title, this title and 
the amendments made by this title shall take effect 1 year 
after the date of enactment of this Act.
---------------------------------------------------------------------------
    \29\ 18 U.S.C. 841 note.
---------------------------------------------------------------------------

       TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM


Subtitle A--Crimes and Penalties

           *       *       *       *       *       *       *



SEC. 702. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.

    (a) Offense.--Chapter 113B of title 18, United States Code, 
relating to terrorism, is amended by inserting after section 
2332a the following new section: * * * \30\
---------------------------------------------------------------------------
    \30\ Sec. 702(a) added a new sec. 2332b to 18, U.S.C., relating to 
acts of terrorism transcending national boundaries. See Sec. C.3. 
Subsecs. (b) and (c) made technical amendments.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 709. DETERMINATION OF CONSTITUTIONALITY OF RESTRICTING THE 
                    DISSEMINATION OF BOMB-MAKING INSTRUCTIONAL 
                    MATERIALS.

    (a) Study.--The Attorney General, in consultation with such 
other officials and individuals as the Attorney General 
considers appropriate, shall conduct a study concerning--
          (1) the extent to which there is available to the 
        public material in any medium (including print, 
        electronic, or film) that provides instruction on how 
        to make bombs, destructive devices, or weapons of mass 
        destruction;
          (2) the extent to which information gained from such 
        material has been used in incidents of domestic or 
        international terrorism;
          (3) the likelihood that such information may be used 
        in future incidents of terrorism;
          (4) the application of Federal laws in effect on the 
        date of enactment of this Act to such material;
          (5) the need and utility, if any, for additional laws 
        relating to such material; and
          (6) an assessment of the extent to which the first 
        amendment protects such material and its private and 
        commercial distribution.
    (b) Report.--
          (1) Requirement.--Not later than 180 days after the 
        date of enactment of this Act, the Attorney General 
        shall submit to the Congress a report that contains the 
        results of the study required by this section.
          (2) Availability.--The Attorney General shall make 
        the report submitted under this subsection available to 
        the public.

           *       *       *       *       *       *       *


               TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT


                   Subtitle A--Resources and Security


SEC. 801.\31\ OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES.

    The Attorney General and the Secretary of the Treasury are 
authorized to support law enforcement training activities in 
foreign countries, in consultation with the Secretary of State, 
for the purpose of improving the effectiveness of the United 
States in investigating and prosecuting transnational offenses.
---------------------------------------------------------------------------
    \31\ 28 U.S.C. 509 note.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 807.\32\ COMBATTING INTERNATIONAL COUNTERFEITING OF UNITED STATES 
                    CURRENCY.

    (a) In General.--The Secretary of the Treasury (hereafter 
in this section referred to as the ``Secretary''), in 
consultation with the advanced counterfeit deterrence steering 
committee, shall--
---------------------------------------------------------------------------
    \32\ 18 U.S.C. 470 note.
---------------------------------------------------------------------------
          (1) study the use and holding of United States 
        currency in foreign countries; and
          (2) develop useful estimates of the amount of 
        counterfeit United States currency that circulates 
        outside the United States each year.
    (b) Evaluation Audit Plan.--
          (1) In general.--The Secretary shall develop an 
        effective international evaluation audit plan that is 
        designed to enable the Secretary to carry out the 
        duties described in subsection (a) on a regular and 
        thorough basis.
          (2) Submission of detailed written summary.--The 
        Secretary shall submit a detailed written summary of 
        the evaluation audit plan developed pursuant to 
        paragraph (1) to the Congress before the end of the 6-
        month period beginning on the date of the enactment of 
        this Act.
          (3) First evaluation audit under plan.--The Secretary 
        shall begin the first evaluation audit pursuant to the 
        evaluation audit plan no later than the end of the 1-
        year period beginning on the date of the enactment of 
        this Act.
          (4) Subsequent evaluation audits.--At least 1 
        evaluation audit shall be performed pursuant to the 
        evaluation audit plan during each 3-year period 
        beginning after the date of the commencement of the 
        evaluation audit referred to in paragraph (3).
    (c) Reports.--
          (1) In general.--The Secretary shall submit a written 
        report to the Committee on Banking and Financial 
        Services of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the 
        Senate on the results of each evaluation audit 
        conducted pursuant to subsection (b) within 90 days 
        after the completion of the evaluation audit.
          (2) Contents.--In addition to such other information 
        as the Secretary may determine to be appropriate, each 
        report submitted to the Congress pursuant to paragraph 
        (1) shall include the following information:
                  (A) A detailed description of the evaluation 
                audit process and the methods used to develop 
                estimates of the amount of counterfeit United 
                States currency in circulation outside the 
                United States.
                  (B) The method used to determine the currency 
                sample examined in connection with the 
                evaluation audit and a statistical analysis of 
                the sample examined.
                  (C) A list of the regions of the world, types 
                of financial institutions, and other entities 
                included.
                  (D) An estimate of the total amount of United 
                States currency found in each region of the 
                world.
                  (E) The total amount of counterfeit United 
                States currency and the total quantity of each 
                counterfeit denomination found in each region 
                of the world.
          (3) Classification of information.--
                  (A) In general.--To the greatest extent 
                possible, each report submitted to the Congress 
                under this subsection shall be submitted in an 
                unclassified form.
                  (B) Classified and unclassified forms.--If, 
                in the interest of submitting a complete report 
                under this subsection, the Secretary determines 
                that it is necessary to include classified 
                information in the report, the report shall be 
                submitted in a classified and an unclassified 
                form.
    (d) Sunset Provision.--This section shall cease to be 
effective as of the end of the 10-year period beginning on the 
date of the enactment of this Act.
    (e) Rule of Construction.--No provision of this section 
shall be construed as authorizing any entity to conduct 
investigations of counterfeit United States currency.
    (f) Findings.--The Congress hereby finds the following:
          (1) United States currency is being counterfeited 
        outside the United States.
          (2) The One Hundred Third Congress enacted, with the 
        approval of the President on September 13, 1994, 
        section 470 of title 18, United States Code, making 
        such activity a crime under the laws of the United 
        States.
          (3) The expeditious posting of agents of the United 
        States Secret Service to overseas posts, which is 
        necessary for the effective enforcement of section 470 
        and related criminal provisions, has been delayed.
          (4) While section 470 of title 18, United States 
        Code, provides for a maximum term of imprisonment of 20 
        years as opposed to a maximum term of 15 years for 
        domestic counterfeiting, the United States Sentencing 
        Commission has failed to provide, in its sentencing 
        guidelines, for an appropriate enhancement of 
        punishment for defendants convicted of counterfeiting 
        United States currency outside the United States.
    (g) Timely Consideration of Requests for Concurrence in 
Creation of Overseas Posts.--
          (1) In general.--The Secretary of State shall--
                  (A) consider in a timely manner the request 
                by the Secretary of the Treasury for the 
                placement of such number of agents of the 
                United States Secret Service as the Secretary 
                of the Treasury considers appropriate in posts 
                in overseas embassies; and
                  (B) reach an agreement with the Secretary of 
                the Treasury on such posts as soon as possible 
                and, in any event, not later than December 31, 
                1996.
          (2) Cooperation of treasury required.--The Secretary 
        of the Treasury shall promptly provide any information 
        requested by the Secretary of State in connection with 
        such requests.
          (3) Reports required.--The Secretary of the Treasury 
        and the Secretary of State shall each submit, by 
        February 1, 1997, a written report to the Committee on 
        Banking and Financial Services of the House of 
        Representatives and the Committee on Banking, Housing, 
        and Urban Affairs of the Senate explaining the reasons 
        for the rejection, if any, of any proposed post and the 
        reasons for the failure, if any, to fill any approved 
        post by such date.
    (h) Enhanced Penalties for International Counterfeiting of 
United States Currency.--Pursuant to the authority of the 
United States Sentencing Commission under section 994 of title 
28, United States Code, the Commission shall amend the 
sentencing guidelines prescribed by the Commission to provide 
an appropriate enhancement of the punishment for a defendant 
convicted under section 470 of title 18 of such Code.

           *       *       *       *       *       *       *


Subtitle B--Funding Authorizations for Law Enforcement

           *       *       *       *       *       *       *



SEC. 820. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE 
                    DETECTION DEVICES AND OTHER COUNTERTERRORISM 
                    TECHNOLOGY.

    There are authorized to be appropriated to the National 
Institute of Justice Office of Science and Technology not more 
than $10,000,000 for each of the fiscal years 1997 and 1998 to 
provide assistance to foreign countries facing an imminent 
danger of terrorist attack that threatens the national interest 
of the United States, or puts United States nationals at risk, 
in--
          (1) obtaining explosive detection devices and other 
        counterterrorism technology;
          (2) conducting research and development projects on 
        such technology; and
          (3) testing and evaluating counterterrorism 
        technologies in those countries.

SEC. 821. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTERTERRORISM 
                    TECHNOLOGIES.

    There are authorized to be appropriated to the National 
Institute of Justice Office of Science and Technology not more 
than $10,000,000 for fiscal year 1997, to--
          (1) develop technologies that can be used to combat 
        terrorism, including technologies in the areas of--
                  (A) detection of weapons, explosives, 
                chemicals, and persons;
                  (B) tracking;
                  (C) surveillance;
                  (D) vulnerability assessment; and
                  (E) information technologies;
          (2) develop standards to ensure the adequacy of 
        products produced and compatibility with relevant 
        national systems; and
          (3) identify and assess requirements for technologies 
        to assist State and local law enforcement in the 
        national program to combat terrorism.

           *       *       *       *       *       *       *


SEC. 823. FUNDING SOURCE.

    Appropriations for activities authorized in this subtitle 
may be made from the Violent Crime Reduction Trust Fund.

      2. Omnibus Diplomatic Security and Antiterrorism Act of 1986

Partial text of Public Law 99-399 [H.R. 4151], 100 Stat. 853, approved 
                      August 27, 1986, as amended

AN ACT To provide enhanced diplomatic security and combat international 
                   terrorism, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,\1\
---------------------------------------------------------------------------
    \1\22 U.S.C. 4801 note.
---------------------------------------------------------------------------

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Omnibus Diplomatic Security 
and Antiterrorism Act of 1986''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:
                                                                    Page
Sec. 1.  Short title..............................................   724
Sec. 2.  Table of contents........................................   724

                      TITLE I--DIPLOMATIC SECURITY

Sec. 101. Short title.............................................   726
Sec. 102. Findings and purposes...................................   726
Sec. 103. Responsibility of the Secretary of State................   727
Sec. 106. Cooperation of other Federal agencies...................   730
Sec. 107. Protection of foreign consulates........................   731

                           TITLE II--PERSONNEL

Sec. 201. Diplomatic Security Service.............................   731
Sec. 202. Director of Diplomatic Security Service.................   731
Sec. 203. Special Agents..........................................   731

                TITLE III--PERFORMANCE AND ACCOUNTABILITY

Sec. 301. Accountability review...................................   732
Sec. 302. Accountability Review Board.............................   733
Sec. 303. Procedures..............................................   733
Sec. 304. Findings and recommendations by a Board.................   735
Sec. 305. Relation to other proceedings...........................   736

                  TITLE IV--DIPLOMATIC SECURITY PROGRAM

Sec. 401. Authorization...........................................   736
Sec. 402. Diplomatic construction program.........................   738
Sec. 403. Security requirements for contractors...................   740
Sec. 404. Qualifications of persons hired for the diplomatic 
    construction program..........................................   740
Sec. 405. Cost overruns...........................................   740
Sec. 406. Efficiency in contracting...............................   740
Sec. 407. Advisory Panel on Overseas Security.....................   741
Sec. 408. Training to improve perimeter security at United States 
    diplomatic missions aboard....................................   741
Sec. 409. Protection of public entrances of United States 
    diplomatic missions abroad....................................   741
Sec. 410. Certain protective functions............................   741
Sec. 411. Reimbursement of the Department of the Treasury.........   741
Sec. 412. Inspector General for the United States Information 
    Agency........................................................   741
Sec. 413. Inspector General for the Department of State...........   742
Sec. 414. Prohibition on the use of funds for facilities in 
    Israel, Jerusalem, or the West Bank...........................   742
Sec. 415. Use of cleared personnel to ensure secure maintenance 
    and repair of diplomatic facilities abroad....................   743

 TITLE V--STATE DEPARTMENT AUTHORITIES TO COMBAT INTERNATIONAL TERRORISM

Sec. 501. Rewards for international terrorists....................   743
Sec. 502. Rewards for information relating to international 
    narcoterrorism and drug trafficking [amends other legislation]
Sec. 503. Coordination of terrorism-related assistance [amends 
    other legislation]
Sec. 504. Counterterrorism Protection Fund [amends other 
    legislation]
Sec. 505. Terrorism-related travel advisories.....................   743
Sec. 506. Authority to control certain terrorism-related services 
    [amends other legislation]
Sec. 507. Management of antiterrorism assistance programs [amends 
    other legislation]
Sec. 508. Nonlethal airport security equipment and commodities for 
    Egypt.........................................................   744
Sec. 509. Exports to countries supporting acts of international 
    terrorism [amends other legislation]

                TITLE VI--INTERNATIONAL NUCLEAR TERRORISM

Sec. 601. Actions to combat international nuclear terrorism.......   744
Sec. 602. Authority to suspend nuclear cooperation with nations 
    which have not ratified the Convention on the Physical 
    Protection of Nuclear Material [amends other legislation]
Sec. 603. Consultation with the Department of Defense concerning 
    certain nuclear exports and subsequent arrangements [amends 
    other legislation]
Sec. 604. Review of physicial security standards..................   745
Sec. 605. International review of nuclear terrorism problem.......   745
Sec. 606. Criminal history record checks [amends other 
    legislation]

  TITLE VII--MULTILATERAL COOPERATION TO COMBAT INTERNATIONAL TERRORISM

Sec. 701. International Antiterrorism Committee...................   745
Sec. 702. International arrangement relating to passports and 
    visas.........................................................   746
Sec. 703. Protection of Americans endangered by the appearance of 
    their place of birth on their passports.......................   746
Sec. 704. Use of diplomatic privileges and immunities for 
    terrorism purposes............................................   746
Sec. 705. Reports on progress in increasing multilateral 
    cooperation...................................................   746

              TITLE VIII--VICTIMS OF TERRORISM COMPENSATION

Sec. 801. Short title.............................................   746
Sec. 802. Payment to individuals held in captive status between 
    November 4, 1979, and January 21, 1981........................   747
Sec. 803. Benefits for captives and other victims of hostile 
    action........................................................   747
Sec. 804. Retention of leave by alien employees following injury 
    from hostile action abroad....................................   751
Sec. 805. Transition provisions...................................   751
Sec. 806. Benefits for members of uniformed services who are 
    victims of hostile action.....................................   752
Sec. 807. Regulations.............................................   758
Sec. 808. Effective date of entitlements..........................   758

                       TITLE IX--MARITIME SECURITY

Sec. 901. Short title.............................................   758
Sec. 902. International measures for seaport and shipboard 
    security......................................................   758
Sec. 903. Measures to prevent unlawful acts against passengers and 
    crews on board ships..........................................   759
Sec. 904. Panama Canal security...................................   759
Sec. 905. Threat of terrorism to United States ports and vessels..   759
Sec. 906. Port, harbor, and coastal facility security.............   759
Sec. 907. Security standards at foreign ports.....................   760
Sec. 908. Travel advisories concerning security at foreign ports..   760
Sec. 909. Suspension of passengers services.......................   761
Sec. 910. Sanctions for the seizure of vessels by terrorists......   761
Sec. 911. Definitions.............................................   762
Sec. 912. Authorization of appropriations.........................   762
Sec. 913. Reports.................................................   762

                   TITLE X--FASCELL FELLOWSHIP PROGRAM

     * * * * * * *

               TITLE XI--SECURITY AT MILITARY BASES ABROAD

Sec. 1101. Findings...............................................   763
Sec. 1102. Recommended actions by the Secretary of Defense........   763
Sec. 1103. Report to the Congress.................................   763

        TITLE XII--CRIMINAL PUNISHMENT OF INTERNATIONAL TERRORISM

Sec. 1201. Encouragement for negotiation of a convention..........   763
Sec. 1202. Extraterritorial criminal jurisdiction over terrorist 
    conduct.......................................................   764

                  TITLE XIII--MISCELLANEOUS PROVISIONS

Sec. 1301. Peace Corps authorization of appropriations [amends 
    other legislation]
Sec. 1302. Demonstrations at embassies in the District of Columbia   764
Sec. 1303. Kurt Waldheim's retirement allowance...................   764
Sec. 1304. Eradication of Amblyomma Variegatum [amends other 
    legislation]
Sec. 1305. Strengthen foreign language skills.....................   765
Sec. 1306. Forfeiture of proceeds derived from espionage 
    activities....................................................   765
Sec. 1307. Expression of support of activities of the United 
    States Telecommunications Training Institute..................   766
Sec. 1308. Policy toward Afghanistan..............................   766

                      TITLE I--DIPLOMATIC SECURITY


SEC. 101. SHORT TITLE.

    Titles I through IV of this Act may be cited as the 
``Diplomatic Security Act''.

SEC. 102.\2\ FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds and declares that--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 4801.
---------------------------------------------------------------------------
          (1) the United States has a crucial stake in the 
        presence of United States Government personnel 
        representing United States interests abroad;
          (2) conditions confronting United States Government 
        personnel and missions abroad are fraught with security 
        concerns which will continue for the foreseeable 
        future; and
          (3) the resources now available to counter acts of 
        terrorism and protect and secure United States 
        Government personnel and missions abroad, as well as 
        foreign officials and missions in the United States, 
        are inadequate to meet the mounting threat to such 
        personnel and facilities.
    (b) \3\ Purposes.--The purposes of titles I through IV 
are--
---------------------------------------------------------------------------
    \3\ Sec. 162(g)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 406), struck 
out para. (2) and redesignated paras. (3) through (6) as paras. (2) 
through (5), respectively. Para. (2) had provided:
    ``(2) to provide for an Assistant Secretary of State to head the 
Bureau of Diplomatic Security of the Department of State, and to set 
forth certain provisions relating to the Diplomatic Security Service of 
the Department of State;''.
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          (1) to set forth the responsibility of the Secretary 
        of State with respect to the security of diplomatic 
        operations in the United States and abroad;
          (2) to maximize coordination by the Department of 
        State with Federal, State, and local agencies and 
        agencies of foreign governments in order to enhance 
        security programs;
          (3) to promote strengthened security measures and to 
        provide for the accountability of United States 
        Government personnel with security-related 
        responsibilities;
          (4) to set forth the responsibility of the Secretary 
        of State with respect to the safe and efficient 
        evacuation of United States Government personnel, their 
        dependents, and private United states citizens when 
        their lives are endangered by war, civil unrest, or 
        natural disaster; and
          (5) to provide authorization of appropriations for 
        the Department of State to carry out its 
        responsibilities in the area of security and 
        counterterrorism, and in particular to finance the 
        acquisition and improvements of United States 
        Government missions abroad, including real property, 
        buildings, facilities, and communications, information, 
        and security systems.

SEC. 103.\4\ RESPONSIBILITY OF THE SECRETARY OF STATE

    (a) Security Functions.--(1) The Secretary of State shall 
develop and implement (in consultation with the heads of other 
Federal agencies having personnel or missions abroad where 
appropriate and within the scope of the resources made 
available) policies and programs, including funding levels and 
standards, to provide for the security of United States 
Government operations of a diplomatic nature and foreign 
government operations of a diplomatic nature in the United 
States. Such policies and programs shall include--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 4802.
---------------------------------------------------------------------------
          (A) protection of all United States Government 
        personnel on official duty abroad (other than those 
        personnel under the command of a United States area 
        military commander) and their accompanying dependents;
          (B) establishment and operation of security functions 
        at all United States Government missions abroad (other 
        than facilities or installations subject to the control 
        of a United States area military commander);
          (C) establishment and operation of security functions 
        at all Department of State facilities in the United 
        States; and
          (D) protection of foreign missions, international 
        organizations, and foreign officials and other foreign 
        persons in the United States, as authorized by law.
    (2) \5\ Security responsibilities shall include the 
following:
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    \5\ The Secretary of State delegated functions authorized under 
this subsection to the Assistant Secretary for Diplomatic Security 
(Department of State Public Notice 2086; sec. 8 of Delegation of 
Authority No. 214; 59 F.R. 50790).
---------------------------------------------------------------------------
          (A) Former office of security functions.--Functions 
        and responsibilities exercised by the Office of 
        Security, Department of State, before November 11, 
        1985.
          (B) Security and protective operations.--
                  (i) Establishment and operation of post 
                security and protective functions abroad.
                  (ii) Development and implementation of 
                communications, computer, and information 
                security.
                  (iii) Emergency planning.
                  (iv) Establishment and operation of local 
                guard services abroad.
                  (v) Supervision of the United States Marine 
                Corps security guard program.
                  (vi) Liaison with American overseas private 
                sector security interests.
                  (vii) Protection of foreign missions and 
                international organizations, foreign officials, 
                and diplomatic personnel in the United States, 
                as authorized by law.
                  (viii) Protection of the Secretary of State 
                and other persons designated by the Secretary 
                of State, as authorized by law.
                  (ix) Physical protection of Department of 
                State facilities, communications, and computer 
                and information systems in the United States.
                  (x) Conduct of investigations relating to 
                protection of foreign officials and diplomatic 
                personnel and foreign missions in the United 
                States, suitability for employment, employee 
                security, illegal passport and visa issuance or 
                use, and other investigations, as authorized by 
                law.
                  (xi) Carrying out the rewards program for 
                information concerning international terrorism 
                authorized by section 36(a) of the State 
                Department Basic Authorities Act of 1956.
                  (xii) Performance of other security, 
                investigative, and protective matters as 
                authorized by law.
          (C) Counterterrorism planning and coordination.--
        Development and coordination of counterterrorism 
        planning, emergency action planning, threat analysis 
        programs, and liaison with other Federal agencies to 
        carry out this paragraph.
          (D) Security technology.--Development and 
        implementation of technical and physical security 
        programs, including security-related construction, 
        radio and personnel security communications, armored 
        vehicles, computer and communications security, and 
        research programs necessary to develop such measures.
          (E) Diplomatic courier service.--Management of the 
        diplomatic courier service.
          (F) Personnel training.--Development of facilities, 
        methods, and materials to develop and upgrade necessary 
        skills in order to carry out this section.
          (G) Foreign government training.--Management and 
        development of antiterrorism assistance programs to 
        assist foreign government security training which are 
        administered by the Department of State under chapter 8 
        of part II of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2349aa et seq.).
    (b) Overseas Evacuations.--The Secretary of State shall 
develop and implement policies and programs to provide for the 
safe and efficient evacuation of United States Government 
personnel, dependents, and private United States citizens when 
their lives are endangered. Such policies shall include 
measures to identify high risk areas where evacuation may be 
necessary and, where appropriate, providing staff to United 
States Government missions abroad to assist in those 
evacuations. In carrying out these responsibilities, the 
Secretary shall--
          (1) develop a model contingency plan for evacuation 
        of personnel, dependents, and United States citizens 
        from foreign countries;
          (2) develop a mechanism whereby United States 
        citizens can voluntarily request to be placed on a list 
        in order to be contacted in the event of an evacuation, 
        or which, in the event of an evacuation, can maintain 
        information on the location of United States citizens 
        in high risk areas submitted by their relatives;
          (3) assess the transportation and communications 
        resources in the area being evacuated and determine the 
        logistic support needed for the evacuation; and
          (4) develop a plan for coordinating communications 
        between embassy staff, Department of State personnel, 
        and families of United States citizens abroad regarding 
        the whereabouts of those citizens.
    (c) Oversight of Posts Abroad.--The Secretary of State 
shall--
          (1) have full responsibility for the coordination of 
        all United States Government personnel assigned to 
        diplomatic or consular posts or other United States 
        missions abroad pursuant to United States Government 
        authorization (except for facilities, installations, or 
        personnel under the command of a United States area 
        military commander);
          (2) establish appropriate overseas staffing levels 
        for all such posts or missions for all Federal agencies 
        with activities abroad (except for personnel and 
        activities under the command of a United States area 
        military commander or regional inspector general 
        offices under the jurisdiction of the Inspector 
        General, Agency for International Development).
    (d) \5\ Federal Agency.--As used in this title and title 
III, the term ``Federal agency'' includes any department or 
agency of the United States Government.

SEC. 104.\6\ * * * [REPEALED--1994]
---------------------------------------------------------------------------

    \6\ Formerly at 22 U.S.C. 4803. Sec. 162(g)(3) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236; 108 Stat. 407), repealed sec. 104, which established the 
Bureau of Diplomatic Security, overseen by the Assistant Secretary for 
Diplomatic Security.
---------------------------------------------------------------------------

SEC. 105.\7\ * * * [REPEALED--1994]
---------------------------------------------------------------------------

    \7\ Formerly at 22 U.S.C. 4804. Sec. 162(g)(4) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236; 108 Stat. 407), repealed sec. 105, which stated the 
responsibilities of the Assistant Secretary for Diplomatic Security.
---------------------------------------------------------------------------

SEC. 106.\8\ COOPERATION OF OTHER FEDERAL AGENCIES.

    (a) Assistance.--In order to facilitate fulfillment of the 
responsibilities described in section 103(a), other Federal 
agencies shall cooperate (through agreements) to the maximum 
extent possible with the Secretary of State. Such agencies may, 
with or without reimbursement, provide assistance to the 
Secretary, perform security inspections, provide logistical 
support relating to the differing missions and facilities of 
other Federal agencies, and perform other overseas security 
functions as may be authorized by the Secretary. Specifically, 
the Secretary may agree to delegate operational control of 
overseas security functions of other Federal agencies to the 
heads of such agencies, subject to the Secretary's authority as 
set forth in section 103(a). The agency head receiving such 
delegated authority shall be responsible to the Secretary in 
the exercise of the delegated operational control.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 4805.
---------------------------------------------------------------------------
    (b) Other Agencies.--Nothing contained in titles I through 
IV shall be construed to limit or impair the authority or 
responsibility of any other Federal, State, or local agency 
with respect to law enforcement, domestic security operations, 
or intelligence activities as defined in Executive Order 12333.
    (c) Certain Lease Arrangements.--The Administrator of 
General Services is authorized to lease (to such extent or in 
cash amounts as are provided in appropriation Acts) such amount 
of space in the United States as may be necessary for the 
Department of State to accommodate the personnel required to 
carry out this title. The Department of State shall pay for 
such space at the rate established by the Administrator of 
General Services for space and related services.

SEC. 107.\9\ PROTECTION OF FOREIGN CONSULATES.

    The Secretary of State shall take into account security 
considerations \10\ in making determinations with respect to 
accreditation of all foreign consular personnel in the United 
States.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 4806. The Secretary of State delegated functions 
authorized under this section to the Chief of Protocol (Department of 
State Public Notice 2086; sec. 15 of Delegation of Authority No. 214; 
59 F.R. 50790).
    \10\ Sec. 162(g)(5) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), struck 
out ``The Chief of Protocol of the Department of State shall consult 
with the Assistant Secretary of Diplomatic Security'' and inserted in 
lieu thereof ``The Secretary of State shall take into account security 
considerations''.
---------------------------------------------------------------------------

                        TITLE II--PERSONNEL \11\


SEC. 201. DIPLOMATIC SECURITY SERVICE.

    The Secretary of State may establish a Diplomatic Security 
Service, which shall perform such functions as the Secretary 
may determine.
---------------------------------------------------------------------------
    \11\ Sec. 162(g)(6) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), struck 
out ``DIPLOMATIC SECURITY SERVICE'' and inserted in lieu thereof 
``PERSONNEL''.
---------------------------------------------------------------------------

SEC. 202.\12\ DIRECTOR OF DIPLOMATIC SECURITY SERVICE.

    Any such Diplomatic Security Service should be headed by a 
Director designated by the Secretary of State. The Director 
should be a career member of the Senior Foreign Service or the 
Senior Executive Service and shall be qualified for the 
position by virtue of demonstrated ability in the areas of 
security, law enforcement, management, and public 
administration. Experience in management or operations abroad 
should be considered an affirmative factor in the selection of 
the Director.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 4822.
---------------------------------------------------------------------------

SEC. 203.\13\ SPECIAL AGENTS.

    Special agent positions shall be filled in accordance with 
the provisions of the Foreign Service Act of 1980 (22 U.S.C. 
3901 et seq.) and title 5, United States Code. In filling such 
positions, the Secretary of State shall actively recruit women 
and members of minority groups. The Secretary of State shall 
prescribe the qualifications required for assignment or 
appointment to such positions. The qualifications may include 
minimum and maximum entry age restrictions and other physical 
standards and shall incorporate such standards as may be 
required by law in order to perform security functions, to bear 
arms, and to exercise investigatory, warrant, arrest, and such 
other authorities, as are available by law to special agents of 
the Department of State and the Foreign Service.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 4823.
---------------------------------------------------------------------------

SEC. 206.\14\ CONTRACTING AUTHORITY.

    The Secretary of State is authorized to employ individuals 
or organizations by contract to carry out the purposes of this 
Act, and individuals employed by contract to perform such 
services shall not by virtue of such employment be considered 
to be employees of the United States Government for purposes of 
any law administered by the Office of Personnel Management 
(except that the Secretary may determine the applicability to 
such individuals of any law administered by the Secretary 
concerning the employment of such individuals); and such 
contracts are authorized to be negotiated, the terms of the 
contracts to be prescribed, and the work to be performed, where 
necessary, without regard to such statutory provisions as 
relate to the negotiation, making and performance of contracts 
and performance of work in the United States.
---------------------------------------------------------------------------
    \14\ 22 USC 4824. Sec. 206 was added by Public Law 105-277 (112 
Stat. 2681-586).
---------------------------------------------------------------------------

               TITLE III--PERFORMANCE AND ACCOUNTABILITY


SEC. 301.\15\ ACCOUNTABILITY REVIEW.

    In any case of serious injury, loss of life, or significant 
destruction of property at or related to a United States 
Government mission abroad, and in any case of a serious breach 
of security involving intelligence activities of a foreign 
government directed at a United States Government mission 
abroad, which is covered by the provisions of titles I through 
IV (other than a facility or installation subject to the 
control of a United States area military commander), the 
Secretary of State shall convene an Accountability Review Board 
\16\ (hereafter in this title referred to as the ``Board''). 
With respect to breaches of security involving intelligence 
activities, the Secretary of State may delay establishing an 
Accountability Review Board if, after consultation with the 
Chairman of the Select Committee on Intelligence of the Senate 
and the Chairman of the Permanent Select Committee on 
Intelligence of the House of Representatives, the Secretary 
determines that doing so would compromise intelligence sources 
and methods. The Secretary shall promptly advise the Chairmen 
of such committees of each determination pursuant to this 
section to delay the establishment of an Accountability Review 
Board. The Secretary shall not convene a Board where the 
Secretary determines that a case clearly involves only causes 
unrelated to security.
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 4831.
    \16\ In Department of State Public Notice 2349 (61 F.R. 8322; 
February 22, 1996), the Deputy Secretary of State:
    ``* * * determined that the November 13, 1995, car-bomb attack on 
the headquarters of the Office of Program Manager, Saudi Arabian 
National Guard in Riyadh, Saudi Arabia, involved loss of life related 
to a U.S. mission abroad. Therefore, I am convening an Accountability 
Review Board, as required by that statute, to examine the facts and 
circumstances of the attack and report to me such findings and 
recommendations as it deems appropriate, * * *''.
    In Department of State Public Notice 2191 (60 F.R. 21020; April 28, 
1995), the Deputy Secretary of State:
    ``* * * determined that the March 8, 1995, terrorist attack on the 
Consulate shuttle bus in Karachi, Pakistan, involved loss of life 
related to a U.S. mission abroad. Therefore I am convening an 
Accountability Review Board, as required by that statute, to examine 
the facts and circumstances of the attack and report to me such 
findings and recommendations as it deems appropriate, * * *.''.
    Previously, an accountability review board was convened to 
investigate an explosion at the U.S. ambassador's residence in Lima, 
Peru (State Department Public Notice 1587; April 15, 1992; 57 F.R. 
14744).
---------------------------------------------------------------------------

SEC. 302.\17\ ACCOUNTABILITY REVIEW BOARD.

    (a) Membership.--A Board shall consist of five members, 4 
appointed by the Secretary of State, and 1 appointed by the 
Director of Central Intelligence. The Secretary of State shall 
designate the Chairperson of the Board. Members of the Board 
who are not Federal officers or employees shall each be paid at 
a rate not to exceed the maximum rate of basic pay payable for 
level GS-18 of the General Schedule for each day (including 
travel time) during which they are engaged in the actual 
performance of duties vested in the Board. Members of the Board 
who are Federal officers or employees shall receive no 
additional pay by reason of such membership.
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 4832.
---------------------------------------------------------------------------
    (b) Facilities, Services, Supplies, and Staff.--
          (1) Supplied by department of state.--A Board shall 
        obtain facilities, services, and supplies through the 
        Department of State. All expenses of the Board, 
        including necessary costs of travel, shall be paid by 
        the Department of State. Travel expenses authorized 
        under this paragraph shall be paid in accordance with 
        subchapter I of chapter 57 of title 5, United States 
        Code or other applicable law.
          (2) Detail.--At the request of a Board, employees of 
        the Department of State or other Federal agencies, 
        members of the Foreign Service, or members of the 
        uniformed services may be temporarily assigned, with or 
        without reimbursement, to assist the Board.
          (3) Experts and consultants.--A Board may employ and 
        compensate (in accordance with section 3109 of title 5, 
        United States Code) such experts and consultants as the 
        Board considers necessary to carry out its functions. 
        Experts and consultants so employed shall be 
        responsible solely to the Board.

SEC. 303.\18\ PROCEDURES.

    (a) Evidence.--
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 4833.
---------------------------------------------------------------------------
          (1) United states government personnel and 
        contractors.--
                  (A) With respect to any individual described 
                in subparagraph (B), a Board may--
                          (i) administer oaths and 
                        affirmations;
                          (ii) require that depositions be 
                        given and interrogatories answered; and
                          (iii) require the attendance and 
                        presentation of testimony and evidence 
                        by such individual.
                Failure of any such individual to comply with a 
                request of the Board shall be grounds for 
                disciplinary action by the head of the Federal 
                agency in which such individual is employed or 
                serves, or in the case of a contractor, 
                debarment.
                  (B) The individuals referred to in 
                subparagraph (A) are--
                          (i) employees as defined by section 
                        2105 of title 5, United States Code 
                        (including members of the Foreign 
                        Service);
                          (ii) members of the uniformed 
                        services as defined by section 101(3) 
                        of title 37, United States Code;
                          (iii) employees of instrumentalities 
                        of the United States; and
                          (iv) individuals employed by any 
                        person or entity under contract with 
                        agencies or instrumentalities of the 
                        United States Government to provide 
                        services, equipment, or personnel.
          (2) Other persons.--With respect to a person who is 
        not described in paragraph (1)(B), a Board may 
        administer oaths and affirmations and require that 
        depositions be given and interrogatories answered.
          (3) Subpoenas.--(A) The Board may issue a subpoena 
        for the attendance and testimony of any person (other 
        than a person described in clause (i), (ii), or (iii) 
        of paragraph (1)(B)) and the production of documentary 
        or other evidence from any such person if the Board 
        finds that such a subpoena is necessary in the 
        interests of justice for the development of relevant 
        evidence.
          (B) In the case of contumacy of refusal to obey a 
        subpoena issued under this paragraph, a court of the 
        United States within the jurisdiction of which a person 
        is directed to appear or produce information, or within 
        the jurisdiction of which the person is found, resides, 
        or transacts business, may upon application of the 
        Attorney General, issue to such person an order 
        requiring such person to appear before the Board to 
        give testimony or produce information as required by 
        the subpoena.
          (C) Subpoenaed witnesses shall be paid the same fee 
        and mileage allowances which are paid subpoenaed 
        witnesses in the courts of the United States.
    (b) Confidentiality.--A Board shall adopt for 
administrative proceedings under this title such procedures 
with respect to confidentiality as may be deemed necessary, 
including procedures relating to the conduct of closed 
proceedings or the submission and use of evidence in camera, to 
ensure in particular the protection of classified information 
relating to national defense, foreign policy, or intelligence 
matters. The Director of Central Intelligence shall establish 
the level of protection required for intelligence information 
and for information relating to intelligence personnel, 
including standards for secure storage.
    (c) Records.--Records pertaining to administrative 
proceedings under this title shall be separated from all other 
records of the Department of State and shall be maintained 
under appropriate safeguards to preserve confidentiality and 
classification of information. Such records shall be prohibited 
from disclosure to the public until such time as a Board 
completes its work and is dismissed. The Department of State 
shall turn over to the Director of Central Intelligence 
intelligence information and information relating to 
intelligence personnel which shall then become records of the 
Central Intelligence Agency. After that time, only such 
exemptions from disclosure under section 552(b) of title 5, 
United States Code (relating to freedom of information), as 
apply to other records of the Department of State, and to any 
information transmitted under section 304(c) to the head of a 
Federal agency or instrumentality, shall be available for the 
remaining records of the Board.
    (d) Status of Boards.--The provisions of the Federal 
Advisory Committee Act (5 U.S.C. App. 1 et seq.) and section 
552b of title 5 of the United States Code (relating to open 
meetings) shall not apply to any Board.

SEC. 304.\19\ FINDINGS AND RECOMMENDATIONS BY A BOARD.

    (a) Findings.--A Board convened in any case shall examine 
the facts and circumstances surrounding the serious injury, 
loss of life, or significant destruction of property at or 
related to a United States Government mission abroad or 
surrounding the serious breach of security involving 
intelligence activities of a foreign government directed at a 
United States Government mission abroad (as the case may be) 
and shall make written findings determining--
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 4834.
---------------------------------------------------------------------------
          (1) the extent to which the incident or incidents 
        with respect to which the Board was convened was 
        security related;
          (2) whether the security systems and security 
        procedures at that mission were adequate;
          (3) whether the security systems and security 
        procedures were properly implemented;
          (4) the impact of intelligence and information 
        availability; and
          (5) such other facts and circumstances which may be 
        relevant to the appropriate security management of 
        United States missions abroad.
    (b) Program Recommendations.--A Board shall submit its 
findings (which may be classified to the extent deemed 
necessary by the Board) to the Secretary of State, together 
with recommendations as appropriate to improve the security and 
efficiency of any program or operation which the Board has 
reviewed.
    (c) Personnel Recommendations.--Whenever a Board finds 
reasonable cause to believe that an individual described in 
section 303(a)(1)(B) has breached the duty of that individual, 
the Board shall--
          (1) notify the individual concerned,
          (2) transmit the finding of reasonable cause, 
        together with all information relevant to such finding, 
        to the head of the appropriate Federal agency or 
        instrumentality, and
          (3) recommend that such agency or instrumentality 
        initiate an appropriate investigatory or disciplinary 
        action.
In determining whether an individual has breached a duty of 
that individual, the Board shall take into account any standard 
of conduct, law, rule, regulation, contract, or order which is 
pertinent to the performance of the duties of that individual.
    (d) Reports.--
          (1) Program recommendations.--In any case in which a 
        Board transmits recommendations to the Secretary of 
        State under subsection (b), the Secretary shall, not 
        later than 90 days after the receipt of such 
        recommendations, submit a report to the Congress on 
        each such recommendation and the action taken with 
        respect to that recommendation.
          (2) Personnel recommendations.--In any case in which 
        a Board transmits a finding of reasonable cause under 
        subsection (c), the head of the Federal agency or 
        instrumentality receiving the information shall review 
        the evidence and recommendations and shall, not later 
        than 30 days after the receipt of that finding, 
        transmit to the Congress a report specifying--
                  (A) the nature of the case and a summary of 
                the evidence transmitted by the Board; and
                  (B) the decision by the Federal agency or 
                instrumentality, to take disciplinary or other 
                appropriate action against that individual or 
                the reasons for deciding not to take 
                disciplinary or other action with respect to 
                that individual.

SEC. 305.\20\ RELATION TO OTHER PROCEEDINGS.

    Nothing in this title shall be construed to create 
administrative or judicial review remedies or rights of action 
not otherwise available by law, nor shall any provision of this 
title be construed to deprive any person of any right or legal 
defense which would otherwise be available to that person under 
any law, rule, or regulation.
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 4835.
---------------------------------------------------------------------------

                 TITLE IV--DIPLOMATIC SECURITY PROGRAM


SEC. 401.\21\ AUTHORIZATION.

    (a) Diplomatic Security Program.--
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 4851. Sec. 302 of the Department of State 
Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2207; 22 U.S.C. 
4851 note), provided the following:
    ``The Secretary of State shall report to the appropriate committees 
of the Congress on the obligation of funds provided for diplomatic 
security and related expenses every month.''.
---------------------------------------------------------------------------
          (1) In general.--In addition to amounts otherwise 
        available for such purposes, the following amounts are 
        authorized to be appropriated for fiscal years 1986 and 
        1987, for the Department of State to carry out 
        diplomatic security construction, acquisition, and 
        operations pursuant to the Department of State's 
        Supplemental Diplomatic Security Program, as justified 
        to the Congress for the respective fiscal year for 
        ``Administration of Foreign Affairs,'' as follows:
                  (A) For ``Salaries and Expenses,'' 
                $308,104,000.
                  (B) For ``Acquisition and Maintenance of 
                Buildings Abroad,'' $857,806,000.
                  (C) For ``Counterterrorism Research and 
                Development,'' $15,000,000.
          (2) Antiterrorism assistance.--* * *.
          (3) \22\ * * * [Repealed--1995]
---------------------------------------------------------------------------
    \22\ Sec. 101(c) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 388), repealed para. 
(3), effective October 1, 1995. It had read, as amended, as follows:
    ``(3) Capital construction, fiscal years 1988 through 1990.--There 
is authorized to be appropriated for the Department of State for 
``Acquisition and Maintenance of Buildings Abroad'' for each of the 
fiscal years 1988 through 1990, $417,962,000 to carry out diplomatic 
security construction, acquisition, and operations pursuant to the 
Department of State's Supplemental Diplomatic Security Program. 
Authorizations of appropriations under this paragraph shall remain 
available until the appropriations are made.''.
---------------------------------------------------------------------------
          (4) Allocation of amounts authorized to be 
        appropriated.--Amounts authorized to be appropriated by 
        this sub-

        section, and by the amendment made by paragraph (2), 
        shall be allocated as provided in the table entitled 
        ``Diplomatic Security Program'' relating to this 
        section which appears in the Joint Explanatory 
        Statement of the Committee of Conference to accompany 
        H.R. 4151 of the 99th Congress (the Omnibus Diplomatic 
        Security and Antiterrorism Act of 1986).
    (b) Notification to authorizing Committees of Requests for 
Appropriations.--In any fiscal year, whenever the Secretary of 
State submits to the Congress a request for appropriations to 
carry out the program described in subsection (a), the 
Secretary shall notify the Committee on Foreign Affairs \23\ of 
the House of Representatives and the Committee on Foreign 
Relations of the Senate of such request, together with a 
justification of each item listed in such request.
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    \23\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (c) * * * [Repealed--1994]
    (d) Prohibition on Reallocations of Authorizations.--
Section 24(d) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2692(d)) shall not apply with respect to any 
amounts authorized to be appropriated under this section.
    (e) Security Requirements of Other Foreign Affairs 
Agencies.--Based solely on security requirements and within the 
total amount of funds available for security, the Secretary of 
State shall ensure that an equitable level of funding is 
provided for the security requirements of other foreign affairs 
agencies.
    (f) Insufficiency of Funds.--In the event that sufficient 
funds are not available in any fiscal year for all of the 
diplomatic security construction, acquisition, and operations 
pursuant to the Department of State's Supplemental Diplomatic 
Security Program, as justified to the Congress for such fiscal 
year, the Secretary of State shall report to the Congress the 
effect that the insufficiency of funds will have with respect 
to the Department of State and each of the other foreign 
affairs agencies.
    (g) Allocation of Funds for Certain Security Programs.--Of 
the amount of funds authorized to be appropriated by subsection 
(a)(1)(A), $34,537,000 shall be available to the Secretary of 
State only for the protection of classified office equipment, 
the expansion of information systems security, and the hiring 
of American systems managers and operators for computers at 
high threat locations.
    (h) Furniture, Furnishings, and Equipment.
          (1) Use of existing furniture, furnishings, and 
        equipment.--If physically possible, facilities 
        constructed or acquired pursuant to subsection (a) 
        shall be furnished and equipped with the furniture, 
        furnishings, and equipment that were being used in the 
        facilities being replaced, rather than with newly 
        acquired furniture, furnishings, and equipment.

SEC. 402.\24\ DIPLOMATIC CONSTRUCTION PROGRAM.

    (a) Preference for United States Contractors.--
Notwithstanding section 11 of the Foreign Service Buildings 
Act, 1926, and where adequate competition exists, only United 
States persons and qualified United States joint venture 
persons may--
---------------------------------------------------------------------------
    \24\ 22 U.S.C. 4852.
---------------------------------------------------------------------------
          (1) bid on a diplomatic construction or design 
        project which has an estimated total project value 
        exceeding $10,000,000; and
          (2) bid on a diplomatic construction or design 
        project which involves technical security, unless the 
        project involves low-level technology, as determined by 
        the Secretary of State.
    (b) Exception.--Subsection (a) shall not apply with respect 
to any diplomatic construction or design project in a foreign 
country whose statutes prohibit the use of United States 
contractors on such projects. The exception contained in this 
subsection shall only become effective with respect to a 
foreign country 30 days after the Secretary of State certifies 
to the Committee on Foreign Affairs \25\ and the Committee on 
Appropriations of the House of Representatives and the 
Committee on Foreign Relations and the Committee on 
Appropriations of the Senate what specific actions he has taken 
to urge such foreign country to permit the use of United States 
contractors on such projects, and what actions he shall take 
with respect to that country as authorized by title II of the 
State Department Basic Authorities Act of 1956 (22 U.S.C. 4301 
et seq.; commonly referred to as the ``Foreign Missions Act'').
---------------------------------------------------------------------------
    \25\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (c) Definitions.--For the purposes of this section--
          (1) the term ``adequate competition'' means with 
        respect to a construction or design project, the 
        presence of two or more qualified bidders submitting 
        responsive bids for that project;
          (2) the term ``United States person'' means a person 
        which--
                  (A) is incorporated or legally organized 
                under the laws of the United States, including 
                State, the District of Columbia, and local 
                laws;
                  (B) has its principal place of business in 
                the United States;
                  (C) has been incorporated or legally 
                organized in the United States--
                          (i) for more than 5 years before the 
                        issuance date of the invitation for 
                        bids or request for proposals with 
                        respect to a construction project under 
                        subsection (a)(1); and
                          (ii) for more than 2 years before the 
                        issuance date of the invitation for 
                        bids or request for proposals with 
                        respect to a construction or design 
                        project which involves physical or 
                        technical security under subsection 
                        (a)(2);
                  (D) has performed within the United States 
                administrative and technical, professional, or 
                construction services similar in complexity, 
                type of construction, and value to the project 
                being bid;
                  (E) with respect to a construction project 
                under subsection (a)(1), has achieved total 
                business volume equal to or greater than the 
                value of the project being bid in 3 years of 
                the 5-year period before the date specified in 
                subparagraph (C)(i);
                  (F)(i) employs United State citizens in at 
                least 80 percent of its principal management 
                positions in the United States,
                  (ii) employs United States citizens in more 
                than half of its permanent, full-time positions 
                in the United States, and
                  (iii) will employ United States citizens in 
                at least 80 percent of the supervisory 
                positions on the foreign buildings office 
                project site; and
                  (G) has the existing technical and financial 
                resources in the United States to perform the 
                contract; and
          (3) the term ``qualified United States joint venture 
        person'' means a joint venture in which a United States 
        person or persons owns at least 51 percent of the 
        assets of the joint venture.
    (d) American Minority Contractors.--Not less than 10 
percent of the amount appropriated pursuant to section 401(a) 
for diplomatic construction or design projects each fiscal year 
shall be allocated to the extent practicable for contracts with 
American minority contractors.
    (e) American Small Business Contractors.--Not less than 10 
percent of the amount appropriated pursuant to section 401(a) 
for diplomatic construction or design projects each fiscal year 
shall be allocated to the extent practicable for contracts with 
American small business contractors.
    (f) Limitation on Subcontracting.--With respect to a 
diplomatic construction project, a prime contractor may not 
subcontract more than 50 percent of the total value of its 
contract for that project.

SEC. 403.\26\ SECURITY REQUIREMENTS FOR CONTRACTORS.

    Not later than 90 days after the date of enactment of this 
Act, the Secretary of State shall issue regulations to--
---------------------------------------------------------------------------
    \26\ 22 U.S.C. 4853.
---------------------------------------------------------------------------
          (1) strengthen the security procedures applicable to 
        contractors and subcontractors involved in any way with 
        any diplomatic construction or design project; and
          (2) permit a contractor or subcontractor to have 
        access to any design or blueprint relating to such a 
        project only in accordance with those procedures.

SEC. 404.\27\ QUALIFICATIONS OF PERSONS HIRED FOR THE DIPLOMATIC 
                    CONSTRUCTION PROGRAM.

    In carrying out the diplomatic construction program 
referred to in section 401(a), the Secretary of State shall 
employ as professional staff (by appointment, contract, or 
otherwise) only those persons with a demonstrated specialized 
background in the fields of construction law, or contract 
management. In filling such positions, the Secretary shall 
actively recruit women and members of minority groups.
---------------------------------------------------------------------------
    \27\ 22 U.S.C. 4854.
---------------------------------------------------------------------------

SEC. 405.\28\ COST OVERRUNS.

    Any amount required to complete any capital project 
described in the Department of State's Supplemental Diplomatic 
Security Program, as justified to the Congress for the 
respective fiscal year, which is in excess of the amount made 
available for that project pursuant to section 401(a) (1) or 
(3) shall be treated as a reprogramming of funds under section 
34 of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2706) and shall not be available for obligation or 
expenditure except in compliance with the procedures applicable 
to such reprogrammings.
---------------------------------------------------------------------------
    \28\ 22 U.S.C. 4855.
---------------------------------------------------------------------------

SEC. 406.\29\ EFFICIENCY IN CONTRACTING.

    (a) Bonuses and Penalties.--The Director of the Office of 
Foreign Buildings shall provide for a contract system of 
bonuses and penalties for the diplomatic construction program 
funded pursuant to the authorizations of appropriations 
provided in this title. Not later than 3 months after the date 
of enactment of this Act, the Director shall submit a report to 
the Congress on the implementation of this section.
---------------------------------------------------------------------------
    \29\ 22 U.S.C. 4856.
---------------------------------------------------------------------------
    (b) Surety Bonds and Guarantees.--The Director of the 
Office of Foreign Buildings shall require each person awarded a 
contract for work under the diplomatic construction program to 
post a surety bond or guarantee, in such amount as the Director 
may determine, to assure performance under such contract.
    (c) Disqualification of Contractors.--No person doing 
business with Libya may be eligible for any contract awarded 
pursuant to this Act.

SEC. 407.\30\ ADVISORY PANEL ON OVERSEAS SECURITY.

    Not later than 90 days after the date of enactment of this 
Act, the Secretary of State shall submit a report to the 
Congress on the implementation of the 91 recommendations 
contained in the final report of the Advisory Panel on Overseas 
Security. If any such recommendation has been rejected, the 
Secretary shall provide the reasons why that recommendation was 
rejected.
---------------------------------------------------------------------------
    \30\ 22 U.S.C. 4857.
---------------------------------------------------------------------------

SEC. 408.\31\ TRAINING TO IMPROVE PERIMETER SECURITY AT UNITED STATES 
                    DIPLOMATIC MISSIONS ABROAD.

    (a) Training.--It is the sense of Congress that the 
President should use the authority under chapter 8 of title II 
of the Foreign Assistance Act of 1961 (relating to 
antiterrorism assistance) to improve perimeter security of 
United States diplomatic missions abroad.
---------------------------------------------------------------------------
    \31\ 22 U.S.C. 4858. Sec. 139(20) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 398), repealed subsec. (b) of this section, which had required 
that the President report annually ``on the progress and problems of 
improving perimeter security of United States diplomatic missions 
abroad.''.
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SEC. 409.\32\ PROTECTION OF PUBLIC ENTRANCES OF UNITED STATES 
                    DIPLOMATIC MISSIONS ABROAD.

    The Secretary of State shall install and maintain a walk-
through metal detector or other advanced screening system at 
public entrances of each United States diplomatic mission 
abroad.
---------------------------------------------------------------------------
    \32\ 22 U.S.C. 4859.
---------------------------------------------------------------------------

SEC. 410. CERTAIN PROTECTIVE FUNCTIONS.

    Section 208(a) of title 3, United States Code, is amended 
by adding at the end thereof the following: ``In carrying out 
any duty under section 202(7), the Secretary of State is 
authorized to utilize any authority available to the Secretary 
under title II of the State Department Basic Authorities Act of 
1956.''.

SEC. 411.\33\ REIMBURSEMENT OF THE DEPARTMENT OF THE TREASURY.

    The Secretary of State shall reimburse the appropriate 
appropriations account of the Department of the Treasury out of 
funds appropriated pursuant to section 401(a)(1) for the actual 
costs incurred by the United States Secret Service, as agreed 
to by the Secretary of the Treasury, for providing protection 
for the spouses of foreign heads of state during fiscal years 
1986 and 1987.
---------------------------------------------------------------------------
    \33\ 22 U.S.C. 4860.
---------------------------------------------------------------------------

SEC. 412. INSPECTOR GENERAL FOR THE UNITED STATES INFORMATION AGENCY.

    (a) * * *.
    (b) Earmark.--Of the funds authorized to be appropriated to 
the United States Information Agency for the fiscal year 1987, 
not less than $3,000,000 shall be available only for the 
operation of the office of the Inspector General established by 
the amendment made by subsection (a).
    (c) Position at Level IV of the Executive Schedule.--
Section 5315 of title 5, United States Code, is amended by 
adding at the end thereof the following:

    ``Inspector General, United States Information Agency.''.

SEC. 413.\34\ INSPECTOR GENERAL FOR THE DEPARTMENT OF STATE.

    (a) Direction to establish.--The Congress directs the 
Secretary of State to proceed immediately to establish an 
Office of Inspector General of the Department of State not 
later than October 1, 1986. Not later than January 31, 1987, 
the Secretary of State shall submit a report to the Committee 
on Foreign Relations of the Senate and the Committee on Foreign 
Affairs \35\ of the House of Representatives on the progress of 
establishing that office. Such report shall include an 
accounting of the obligation of funds for fiscal year 1987 for 
that office.
---------------------------------------------------------------------------
    \34\ 22 U.S.C. 4861.
    \35\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (b) Duties and responsibilities.--The Inspector General of 
the Department of State (as established by the amendment made 
by section 150(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1986 and 1987) is authorized to perform all duties 
and responsibilities, and to exercise the authorities, stated 
in section 209 of the Foreign Service Act of 1980 (22 U.S.C. 
3929) and in the Inspector General Act of 1978.
    (c) Earmark.--Of the amounts made available for fiscal year 
1987 for salaries and expenses under the heading 
``Administration of Foreign Affairs'', not less than $6,500,000 
shall be used for the sole purpose of establishing and 
maintaining the Office of Inspector General of the Department 
of State.
    (d) Limitation on appointment.--No career member of the 
Foreign Service, as defined by section 103 of the Foreign 
Service Act of 1980 (22 U.S.C. 3903), may be appointed 
Inspector General of the Department of State.
    (e) Position at level iv of the executive schedule.--
Section 5315 of title 5, United States Code (as amended by 
section 412), is amended by adding at the end thereof the 
following:

    ``Inspector General, Department of State.''.

          (6) \36\ * * * [Repealed--1986]
---------------------------------------------------------------------------
    \36\ Paragraph (6) was repealed by sec. 405 of Public Law 99-529 
(100 Stat. 3010).
---------------------------------------------------------------------------
    (b) * * * [Repealed--1987]
    (c) * * *

SEC. 414.\37\ PROHIBITION ON THE USE OF FUNDS FOR FACILITIES IN ISRAEL, 
                    JERUSALEM, OR THE WEST BANK.

    None of the funds authorized to be appropriated by this Act 
may be obligated or expended for site acquisition, development, 
or construction of any facility in Israel, Jerusalem, or the 
West Bank.
---------------------------------------------------------------------------
    \37\ 22 U.S.C. 4862. Sec. 305 of the Department of State 
Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2208), provided 
the following:
    ``Sec. 305. Notwithstanding section 130 of the Foreign Relations 
Authorization Act, Fiscal Years 1988-89 and section 414 of the 
Diplomatic Security Act and any other provisions of law, such funds as 
are authorized, or that may be authorized, under the Diplomatic 
Security Act or any other statute, and appropriated to the Department 
of State under this or any other Act, may be hereafter obligated or 
expended for site acquisition, development, and construction of two new 
diplomatic facilities in Israel, Jerusalem, or the West Bank, provided 
that each facility (A) equally preserves the ability of the United 
States to locate its Ambassador or its Consul General at that site, 
consistent with United States policy; (B) shall not be denominated as 
the United States Embassy or Consulate until after the construction of 
both facilities has begun, and construction of one facility has been 
completed, or is near completion; and (C) unless security 
considerations require otherwise, commences operation 
simultaneously.''.
---------------------------------------------------------------------------

SEC. 415. USE OF CLEARED PERSONNEL TO ENSURE SECURE MAINTENANCE AND 
                    REPAIR OF DIPLOMATIC FACILITIES ABROAD.

    (a) Policies and Regulations.--The Secretary of State shall 
develop and implement policies and regulations to provide for 
the use of persons who have been granted an appropriate United 
states security clearance to ensure that the security of areas 
intended for the storage of classified materials or the conduct 
of classified activities in a United States diplomatic mission 
or consular post abroad is not compromised in the performance 
of maintenance and repair services in those areas.
    (b) Study and Report.--The Secretary of State shall conduct 
a study of the feasibility and necessity of requiring that, in 
the case of certain United States diplomatic facilities abroad, 
no contractor shall be hired to perform maintenance or repair 
services in an area intended for the storage of classified 
materials or the conduct of classified activities unless such 
contractor has been granted an appropriate United States 
security clearance. Such study shall include, but is not 
limited to, United States facilities located in Cairo, New 
Delhi, Riyadh, and Tokyo. Not later than 180 days after the 
date of the enactment of this section, the Secretary of State 
shall report the results of such study to the Chairman of the 
Committee on Foreign Relations of the Senate and the Committee 
on Foreign Affairs \38\ of the House of Representatives.
---------------------------------------------------------------------------
    \38\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

TITLE V--STATE DEPARTMENT AUTHORITIES TO COMBAT INTERNATIONAL TERRORISM


SEC. 501.\39\ REWARDS FOR INTERNATIONAL TERRORISTS.

    It is the sense of the Congress that the Secretary of State 
should more vigorously utilize the moneys available under 
section 36(a) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2708(a); relating to rewards for information on 
international terrorism) to more effectively apprehend and 
prosecute international terrorists. It is further the sense of 
the Congress that the Secretary of State should consider widely 
publicizing the sizable rewards available under present law so 
that major international terrorist figures may be brought to 
justice.
---------------------------------------------------------------------------
    \39\ 22 U.S.C. 2708 note. Sec. 12 of the International Narcotics 
Control Act of 1989 (Public Law 101-231; 103 Stat. 1963), amended 
section 36(c) of the State Department Basic Authorities Act of 1956, to 
increase the amount available for rewards for information leading to 
the arrest and conviction in any country of any individual involved in 
the commission of an act of international terrorism from $500,000 to 
$2,000,000.

           *       *       *       *       *       *       *

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SEC. 505.\40\ TERRORISM-RELATED TRAVEL ADVISORIES.

    The Secretary of State shall promptly advise the Congress 
whenever the Department of State issues a travel advisory, or 
other public warning notice for United States citizens 
traveling abroad, because of a terrorist threat or other 
security concern.
---------------------------------------------------------------------------
    \40\ 22 U.S.C. 2656e.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 508. NONLETHAL AIRPORT SECURITY EQUIPMENT AND COMMODITIES FOR 
                    EGYPT.

    In addition to funds otherwise available for such purposes 
under chapter 8 of part II of the Foreign Assistance Act of 
1961, assistance authorized to carry out the purposes of 
chapter 4 of part II of such Act for the fiscal years 1986 and 
1987 (as well as undisbursed balances of previously obligated 
funds under such chapter) which are allocated for Egypt may be 
furnished, notwithstanding section 660 of such Act, for the 
provision of nonlethal airport security equipment and 
commodities, and training in the use of such equipment and 
commodities. The authority contained in this section shall be 
exercised by the Department of State's office responsible for 
administering chapter 8 of part II of the Foreign Assistance 
Act of 1961, in coordination with the Agency for International 
Development.

           *       *       *       *       *       *       *


               TITLE VI--INTERNATIONAL NUCLEAR TERRORISM


SEC. 601.\41\ ACTIONS TO COMBAT INTERNATIONAL NUCLEAR TERRORISM.

    (a) Actions to be Taken by the President.--The Congress 
hereby directs the President--
---------------------------------------------------------------------------
    \41\ 22 U.S.C. 3244.
---------------------------------------------------------------------------
          (1) to seek universal adherence to the Convention on 
        the Physical Protection of Nuclear Material;
          (2) to--
                  (A) conduct a review, enlisting the 
                participation of all relevant departments and 
                agencies of the Government, to determine 
                whether the recommendations on Physical 
                Protection of Nuclear Material published by the 
                International Atomic Energy Agency are adequate 
                to deter theft, sabotage, and the use of 
                nuclear facilities and materials in acts of 
                international terrorism, and
                  (B) transmit the results of this review to 
                the Director-General of the International 
                Atomic Energy Agency;
          (3) to take, in concert with United States allies and 
        other countries, such steps as may be necessary--
                  (A) to keep to a minimum the amount of 
                weapons-grade nuclear material in international 
                transit, and
                  (B) to ensure that when any such material is 
                transported internationally, it is under the 
                most effective means for adequately protecting 
                it from acts or attempted acts of sabotage or 
                theft by terrorist groups or nations; and
          (4) to seek agreement in the United Nations Security 
        Council to establish--
                  (A) an effective regime of international 
                sanctions against any nation or subnational 
                group which conducts or sponsors acts of 
                international nuclear terrorism, and
                  (B) 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) Reports to the Congress.--The President shall report to 
the Congress annually, in the reports required by section 601 
of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3281), 
on the progress made during the preceding year in achieving the 
objectives described in this section.

           *       *       *       *       *       *       *


SEC. 604. REVIEW OF PHYSICAL SECURITY STANDARDS.

    (a) Reviews.--The Secretary of Energy, the Secretary of 
Defense, the Secretary of State, the Director of the Arms 
Controls and Disarmament Agency, and the Nuclear Regulatory 
Commission shall each review the adequacy of the physical 
security standards currently applicable with respect to the 
shipment and storage (outside the United States) of plutonium, 
and uranium enriched to more than 20 percent in the isotope 233 
or the isotope 235, which is subject to United States prior 
consent rights, with special attention to protection against 
risks of seizure or other terrorist acts.
    (b) Reports.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Energy, the Secretary 
of Defense, the Secretary of State, the Director of the Arms 
Control and Disarmament Agency, and the Nuclear Regulatory 
Commission shall each submit a written report to the Committee 
on Foreign Affairs \42\ of the House of Representatives and the 
Committee on Foreign Relations of the Senate setting forth the 
results of the review conducted pursuant to this section, 
together with appropriate recommendations.
---------------------------------------------------------------------------
    \42\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

SEC. 605. INTERNATIONAL REVIEW OF THE NUCLEAR TERRORISM PROBLEM.

    The Congress strongly urges the President to seek a 
comprehensive review of the problem of nuclear terrorism by an 
international conference.

           *       *       *       *       *       *       *


 TITLE VII--MULTILATERAL COOPERATION TO COMBAT INTERNATIONAL TERRORISM


SEC. 701. INTERNATIONAL ANTITERRORISM COMMITTEE.

    (a) Findings.--The Congress finds that--
          (1) international terrorism is and remains a serious 
        threat to the peace and security of free, democratic 
        nations;
          (2) the challenge of terrorism can only by met 
        effectively by concerted action on the part of all 
        responsible nations;
          (3) the major developed democracies evidenced their 
        commitment to cooperation in the fight against 
        terrorism by the 1978 Bonn Economic Summit Declaration 
        on Terrorism; and
          (4) that commitment was renewed and strengthened at 
        the 1986 Tokyo Economic Summit and expressed in a joint 
        statement on terrorism.
    (b) International Antiterrorism Committee--The Congress 
hereby directs the President to continue to seek the 
establishment of an international committee, to be known as the 
International Antiterrorism Committee. As a first step in 
establishing such committee, the President should propose to 
the North Atlantic Treaty Organization the establishment of a 
standing political committee to examine all aspects of 
international terrorism, review opportunities for cooperation, 
and make recommendations to member nations. After the 
establishment of this committee, the President should invite 
such other countries who may choose to participate. The purpose 
of the International Antiterrorism Committee should be to focus 
the attention and secure the cooperation of the governments and 
the public of the participating countries and of other 
countries on the problems and responses to international 
terrorism (including nuclear terrorism), by serving as a forum 
at both the political and law enforcement levels.

SEC. 702. INTERNATIONAL ARRANGEMENTS RELATING TO PASSPORTS AND VISAS.

    The Congress strongly urges the President to seek the 
negotiation of international agreements (or other appropriate 
arrangements) to provide for the sharing of information 
relating to passports and visas in order to enhance cooperation 
among countries in combating international terrorism.

SEC. 703. PROTECTION OF AMERICANS ENDANGERED BY THE APPEARANCE OF THEIR 
                    PLACE OF BIRTH ON THEIR PASSPORTS.

    (a) Findings.--The Congress finds that some citizens of the 
United States may be specially endangered during a hijacking or 
other terrorist incident by the fact that their place of birth 
appears on their United States passport.
    (b) Report.--Not later than one year after the date of 
enactment of this Act, the Comptroller General of the United 
States shall submit a report to the Congress on the 
implications of deleting the place of birth as a required item 
of information on passports.

SEC. 704. USE OF DIPLOMATIC PRIVILEGES AND IMMUNITIES FOR TERRORISM 
                    PURPOSES.

    The Congress strongly urges the President to instruct the 
Permanent Representative of the United States to the United 
Nations to seek the adoption of a resolution in the United 
Nations condemning the use for terrorist purposes of diplomatic 
privileges and immunities under the Vienna Convention on 
Diplomatic Relations, especially the misuse of diplomatic 
pouches and diplomatic missions.

SEC. 705. REPORTS ON PROGRESS IN INCREASING MULTILATERAL COOPERATION.

    Not later than February 1, 1987, the President shall submit 
a report to the Congress on the steps taken to carry out each 
of the preceding sections of this title (except for section 
703) and the progress being made in achieving the objectives 
described in these sections.

             TITLE VIII--VICTIMS OF TERRORISM COMPENSATION


SEC. 801. SHORT TITLE.

    This title may be cited as the ``Victims of Terrorism 
Compensation Act.''

SEC. 802. PAYMENT TO INDIVIDUALS HELD IN CAPTIVE STATUS BETWEEN 
                    NOVEMBER 4, 1979, AND JANUARY 21, 1981.

    The amount of the payment for individuals in the Civil 
Service referred to in section 5569(d) of title 5, United 
States Code (as added by section 803 of this title), or for 
individuals in the uniformed services referred to in section 
559(c) of title 37, United States Code (as added by section 806 
of this title), as the case may be, shall be $50 for each day 
any such individual was held in captive status during a period 
commencing on or after November 4, 1979, and ending on or 
before January 21, 1981.

SEC. 803. BENEFITS FOR CAPTIVES AND OTHER VICTIMS OF HOSTILE ACTION.

    (a) In General.--Subchapter VII of chapter 55 of title 5, 
United States Code, is amended by adding at the end therefore 
the following:

``Sec. 5569. Benefits for captives

    ``(a) For the purpose of this section--
          ``(1) `captive' means any individual in a captive 
        status commencing while such individual is--
                  ``(A) in the Civil Service, or
                  ``(B) a citizen, national, or resident alien 
                of the United States rendering personal service 
                to the United States similar to the service of 
                an individual in the Civil Service (other than 
                as a member of the uniformed services);
          ``(2) `captive status' means a missing status which, 
        as determined by the President, arises because of a 
        hostile action and is a result of the individual's 
        relationship with the Government;
          ``(3) `missing status'--
                  ``(A) in the case of an employee, has the 
                meaning provided under section 5561(5) of this 
                title; and
                  ``(B) in the case of an individual other than 
                an employee, has a similar meaning; and
          ``(4) `family member,' as used with respect to a 
        person, means--
                  ``(A) any dependent of such person; and
                  ``(B) any individual (other than a dependent 
                under subparagraph (A)) who is a member of such 
                person's family or household.
    ``(b)(1) The Secretary of the Treasury shall establish a 
savings fund to which the head of an agency may allot all or 
any portion of the pay and allowances of any captive to the 
extent that such pay and allowances are not subject to an 
allotment under section 5563 of this title or any other 
provision of law.
    ``(2) Amounts so allotted to the savings fund shall bear 
interest at a rate which, for any calendar quarter, shall be 
equal to the average rate paid on United States Treasury bills 
with 3-month maturities issued during the preceding calendar 
quarter. Such interest shall be compounded quarterly.
    ``(3) Amounts in the savings fund credited to a captive 
shall be considered as pay and allowances for purposes of 
section 5563 of this title and shall otherwise be subject to 
withdrawal under procedures which the Secretary of the Treasury 
shall establish.
    ``(4) Any interest accruing under this subsection on--
          ``(A) any amount for which an individual is indebted 
        to the United States under section 5562(c) of this 
        title shall be deemed to be part of the amount due 
        under such section 5562(c); and
          ``(B) any amount referred to in section 5566(f) of 
        this title shall be deemed to be part of such amount 
        for purposes of such section 5566(f).
    ``(5) An allotment under this subsection may be made 
without regard to section 5563(c) of this title.
    ``(c) The head of an agency shall pay (by advancement or 
reimbursement) any individual who is a captive, and any family 
member of such individual, for medical and health care, and 
other expenses related to such care, to the extent that such 
care--
        ``(1) is incident to such individual being a captive; 
        and
          ``(2) is not covered--
                  ``(A) by any Government medical or health 
                program; or
                  ``(B) by insurance.
    ``(d)(1) Except as provided in paragraph (3), the President 
shall make a cash payment, computed under paragraph (2), to any 
individual who became or becomes a captive commencing on or 
after November 4, 1979. Such payment shall be made before the 
end of the one-year period beginning on the date on which the 
captive status of such individual terminates or, in the case of 
any individual whose status as a captive terminated before the 
date of the enactment of the Victims of Terrorism Compensation 
Act, before the end of the one-year period beginning on such 
date.
    ``(2) Except as provided in section 802 of the Victims of 
Terrorism Compensation Act, the amount of the payment under 
this subsection with respect to an individual held as a captive 
shall be not less than one-half of the amount of the world-wide 
average per diem rate under section 5702 of this title which 
was in effect for each day that individual was so held.
    ``(3) The President--
          ``(A) may refer a payment under this subsection in 
        the case of any individual who, during the one-year 
        period described in paragraph (1), is charged with an 
        offense described in subparagraph (B), until final 
        disposition of such charge; and
          ``(B) may deny such payment in the case of any 
        individual who is convicted of an offense described in 
        subsection (b) or (c) of section 8312 of this title 
        committed--
                  ``(i) during the period of captivity of such 
                individual; and
                  ``(ii) related to the captive status of such 
                individual.
    ``(4) A payment under this subsection shall be in addition 
to any other amount provided by law.
    ``(5) The provisions of subchapter VIII of this chapter 
(or, in the case of any person not covered by such subchapter, 
similar provisions prescribed by the President) shall apply 
with respect to any amount due an individual under paragraph 
(1) after such individual's death.
    ``(6) Any payment made under paragraph (1) which is later 
denied under paragraph (3)(B) is a claim of the United States 
Government for purposes of section 3711 of title 31.
    ``(e)(1) Under regulations prescribed by the President, the 
benefits provided by the Soldiers' and Sailors' Civil Relief 
Act of 1940 including the benefits provided by section 701 of 
such Act but excluding the benefits provided by sections 104, 
105, 106, 400 through 408, 501 through 512, and 514 of such 
Act, shall be provided in the case of any individual who is a 
captive.
    ``(2) In applying such Act under this subsection--
          ``(A) the term `person in the military service' is 
        deemed to include any such captive;
          ``(B) the term `period of military service' is deemed 
        to include the period during which the individual is in 
        a captive status; and
          ``(C) references to the Secretary of the Army, the 
        Secretary of the Navy, the Adjutant General of the 
        Army, the Chief of Naval Personnel, and the Commandant, 
        United States Marine Corps, are deemed, in the case of 
        any captive, to be references to an individual 
        designated for that purpose by the President.
    ``(f)(1)(A) Under regulations prescribed by the President, 
the head of an agency shall pay (by advancement or 
reimbursement) a spouse or child of a captive for expenses 
incurred for subsistence, tuition, fees, supplies, books, and 
equipment, and other educational expenses, while attending an 
educational or training institution.
    ``(B) Except as provided in subparagraph (C), payments 
shall be available under this paragraph for a spouse or child 
of an individual who is a captive for education or training 
which occurs--
          ``(i) after that individual has been in captive 
        status for 90 days or more, and
          ``(ii) on or before--
                  ``(I) the end of any semester or quarter (as 
                appropriate) which begins before the date on 
                which the captive status of that individual 
                terminates, or
                  ``(II) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course which began before such date or the end 
                of the 16-week period following that date.
In order to respond to special circumstances, the appropriate 
agency head may specify a date for purposes of cessation of 
assistance under clause (ii) which is later than the date which 
would otherwise apply under such clause.
    ``(C) In the event a captive dies and the death is incident 
to that individual being a captive, payments shall be available 
under this paragraph for a spouse or child of such individual 
for education or training which occurs after the date of such 
individual's death.
    ``(D) The preceding provisions of this paragraph shall not 
apply with respect to any spouse or child who is eligible for 
assistance under chapter 35 of title 38 or similar assistance 
under any other provision of law.
    ``(E) For the purpose of this paragraph, `child' means a 
dependent under section 5561(3)(B) of this title.
    ``(2)(A) In order to respond to special circumstances, the 
head of an agency may pay (by advancement or reimbursement) a 
captive for expenses incurred for subsistence, tuition, fees, 
supplies, books, and equipment, and other educational expenses, 
while attending an educational or training institution.
    ``(B) Payments shall be available under this paragraph for 
a captive for education or training which occurs--
          ``(i) after the termination of that individual's 
        captive status, and
          ``(ii) on or before--
                  ``(I) the end of any semester or quarter (as 
                appropriate) which begins before the date which 
                is 10 years after the day on which the captive 
                status of that individual terminates, or
                  ``(II) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course which began before such date or the end 
                of the 16-week period following that date, and
shall be available only to the extent that such payments are 
not otherwise authorized by law.
    ``(3) Assistance under this subsection--
          ``(A) shall be discontinued for any individual whose 
        conduct or progress is unsatisfactory under standards 
        consistent with those established pursuant to section 
        1724 of title 38; and
          ``(B) may not be provided for any individual for a 
        period in excess of 45 months (or the equivalent 
        thereof in other than fulltime education or training).
    ``(4) Regulations prescribed to carry out this subsection 
shall provide that the program under this subsection shall be 
consistent with the assistance program under chapters 35 and 36 
of title 38.
    ``(g) Any benefit provided under subsection (c) or (d) may, 
under regulations prescribed by the President, be provided to a 
family member of an individual if--
          ``(1) such family member is held in captive status; 
        and
          ``(2) such individual is performing service for the 
        United States as described in subsection (a)(1)(A) when 
        the captive status of such family member commences.
    ``(h) Except as provided in subsection (d), this section 
applies with respect to any individual in a captive status 
commencing after January 21, 1981.
    ``(i) Notwithstanding any other provision of this 
subchapter, any determination by the President under subsection 
(a)(2) or (d) shall be conclusive and shall not be subject to 
judicial review.
    ``(j) The President may prescribe regulations necessary to 
administer this section.
    ``(k) Any benefit or payment pursuant to this section shall 
be paid out of funds available for salaries and expenses of the 
relevant agency of the United States.

``Sec. 5570. Compensation for disability or death

    ``(a) For the purpose of this section--
          ``(1) `employee' means--
                  ``(A) any individual in the Civil Service; 
                and
                  ``(B) any individual rendering personal 
                service to the United States similar to the 
                service of an individual in the Civil Service 
                (other than as a member of the uniformed 
                services); and
          ``(2) `family member', as used with respect to an 
        employee, means--
                  ``(A) any dependent of such employee; and
                  ``(B) any individual (other than a dependent 
                under subparagraph (A)) who is a member of the 
                employee's family or household.
    ``(b) The President shall prescribe regulations under which 
an agency head may pay compensation for the disability or death 
of an employee or a family member of an employee if, as 
determined by the President, the disability or death was caused 
by hostile action and was a result of the individual's 
relationship with the Government.
    ``(c) Any compensation otherwise payable to an individual 
under this section in connection with any disability or death 
shall be reduced by any amounts payable to such individual 
under any other program funded in whole or in part by the 
United States (excluding any amount payable under section 
5569(d) of this title) in connection with such disability or 
death, except that nothing in this subsection shall result in 
the reduction of any amount below zero.
    ``(d) A determination by the President under subsection (b) 
shall be conclusive and shall not be subject to judicial 
review.
    ``(e) Compensation under this section may include payment 
(whether by advancement or reimbursement) for any medical or 
health expenses relating to the death or disability involved to 
the extent that such expenses are not covered under subsection 
(c) of section 5569 of this title (other than because of 
paragraph (2) of such subsection).
    ``(f) This section applies with respect to any disability 
or death resulting from an injury which occurs after January 
21, 1981.
    ``(g) Any benefit or payment pursuant to this section shall 
be paid out of funds available for salaries and expenses of the 
relevant agency of the United States.''.
    (b) Conforming Amendment.--The analysis for chapter 55 of 
title 5, United States Code, is amended by inserting after the 
item relating to section 5568 the following:

``5569. Benefits for captives.
``5570. Compensation for disability or death.''.

SEC. 804. RETENTION OF LEAVE BY ALIEN EMPLOYEES FOLLOWING INJURY FROM 
                    HOSTILE ACTION ABROAD.

    Section 6325 of title 5, United States Code, is amended by 
adding at the end thereof the following: ``The preceding 
provisions of this section shall apply in the case of an alien 
employee referred to in section 6301(2)(viii) of this title 
with respect to any leave granted to such alien employee under 
section 6310 of this title or section 408 of the Foreign 
Service Act of 1980.''.

SEC. 805. TRANSITION PROVISIONS.

    (a) Savings Fund.--(1) Amounts may be allotted to the 
savings fund under subsection (b) of section 5569 of title 5, 
United States Code (as added by section 803(a) of this Act) 
from pay and allowances for any pay period ending after January 
21, 1981, and before the establishment of such fund.
    (2) Interest on amounts so allotted with respect to any 
such pay period shall be calculated as if the allotment had 
occurred at the end of such pay period.
    (b) Medical and Health Care; Educational Expenses.--
Subsections (c) and (f) of such section 5569 (as so added) 
shall be carried out with respect to the period after January 
21, 1981, and before the effective date of those subsections, 
under regulations prescribed by the President.
    (c) Definition.--For the purpose of this subsection, ``pay 
and allowances'' has the meaning provided under section 5561 of 
title 5, United States Code.

SEC. 806. BENEFITS FOR MEMBERS OF UNIFORMED SERVICES WHO ARE VICTIMS OF 
                    HOSTILE ACTION.

    (a) Payments.--(1) Chapter 10 of title 37, United States 
Code is amended by adding at the end thereof the following new 
section:

``Sec. 559. Benefits for members held as captives

    ``(a) In this section:
          ``(1) The term `captive status' means a missing 
        status of a member of the uniformed services which, as 
        determined by the President, arises because of a 
        hostile action and is a result of membership in the 
        uniformed services, but does not include a period of 
        captivity of a member as a prisoner of war if Congress 
        provides to such member, in an Act enacted after August 
        27, 1986,\43\ monetary payment in respect of such 
        period of captivity.
---------------------------------------------------------------------------
    \43\ Sec. 1484(d)(4) of Public Law 101-510 (104 Stat. 1717) amended 
title 37, sec. 559, by striking out ``the date of the enactment of the 
Victims of Terrorism Compensation Act'' and inserting in lieu thereof 
``August 27, 1986''.
---------------------------------------------------------------------------
          ``(2) The term `former captive' means a person who, 
        as a member of the uniformed services, was held in a 
        captive status.
    ``(b)(1) The Secretary of the Treasury shall establish a 
savings fund to which the Secretary concerned may allot all or 
any portion of the pay and allowances of any member of the 
uniformed services who is in a captive status to the extent 
that such pay and allowances are not subject to an allotment 
under section 553 of this title or any other provision of law.
    ``(2) Amounts so allotted shall bear interest at a rate 
which for any calendar quarter, shall be equal to the average 
rate paid on United States Treasury bills with three-month 
maturities issued during the preceding calendar quarter. Such 
interest shall be computed quarterly.
    ``(3) Amounts in the savings fund credited to a member 
shall be considered as pay and allowances for purposes of 
section 553(c) of this title and shall otherwise be subject to 
withdrawal under procedures which the Secretary of the Treasury 
shall establish.
    ``(4) Any interest accruing under this subsection on--
          ``(A) any amount for which a member is indebted to 
        the United States under section 552(c) of this title 
        shall be deemed to be part of the amount due under such 
        section; and
          ``(B) any amount referred to in section 556(f) of 
        this title shall be deemed to be part of such amount 
        for purposes of such section.
    ``(5) An allotment under this subsection may be made 
without regard to section 553(c) of this title.
    ``(c)(1) Except as provided in paragraph (3), the President 
shall make a cash payment to any person who is a former 
captive. Such payment shall be made before the end of the one-
year period beginning on the date on which the captive status 
of such person terminates.
    ``(2) Except as provided in section 802 of the Victims of 
Terrorism Compensation Act (5 U.S.C. 5569 note), the amount of 
such payment shall be determined by the President under the 
provisions of section 5569(d)(2) of title 5.
    ``(3)(A) The President--
          ``(i) may defer such payment in the case of any 
        former captive who during such one-year period is 
        charged with an offense described in clause (ii) of 
        this subparagraph, until final disposition of such 
        charge; and
          ``(ii) may deny such payment in the case of any 
        former captive who is convicted of a captivity-related 
        offense--
                  ``(I) referred to in subsection (b) or (c) of 
                section 8312 of title 5; or
                  ``(II) under chapter 47 of title 10 (the 
                Uniform Code of Military Justice) that is 
                punishable by dishonorable discharge, 
                dismissal, or confinement for one year or more.
    ``(B) For the purposes of subparagraph (A) of this 
paragraph, a captivity-related offense is an offense that is--
          ``(i) committed by a person while the person is in a 
        captive status; and
          ``(ii) related to the captive status of the person.
    ``(4) A payment under this subsection is in addition to any 
other amount provided by law.
    ``(5) Any amount due a person under this subsection shall, 
after the death of such person, be deemed to be pay and 
allowances for the purposes of this chapter.
    ``(6) Any payment made under paragraph (1) that is later 
denied under paragraph (3)(A)(ii) is a claim of the United 
States Government for purposes of section 3711 of title 31.
    ``(d) A determination by the President under subsection 
(a)(1) or (c) is final and is not subject to judicial 
review.''.
    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end thereof the following new item:

``559. Benefits for members held as captives.''.

    (3)(A)(i) Except as provided in clause (ii), section 559 of 
title 37, United States Code, as added by paragraph (1), shall 
apply to any person whose captive status begins after January 
21, 1981.
    (ii)(I) Subsection (c) of such section shall apply to any 
person whose captive status begins on or after November 4, 
1979.
    (II) In the case of any person whose status as a captive 
terminated before the date of the enactment of this Act, the 
President shall make a payment under paragraph (1) of such 
subsection before the end of the one-year period beginning on 
such date.
    (B) Amounts may be allotted to a savings fund established 
under such section from pay and allowances for any pay period 
ending after January 21, 1981, and before the establishment of 
such fund.
    (C) Interest on amounts so allotted with respect to any 
such pay period shall be calculated as if the allotment had 
occurred at the end of such pay period.
    (b) Disability and Death Benefits.--(1) Chapter 53 of title 
10, United States Code, is amended by adding at the end thereof 
the following new section:

``Sec. 1032. Disability and death compensation: dependents of members 
                    held as captives

    ``(a) \44\ The President shall prescribe regulations under 
which the Secretary concerned may pay compensation for the 
disability or death of a dependent of a member of the uniformed 
services if the President determines that the disability or 
death--
---------------------------------------------------------------------------
    \44\ Functions vested in the President by this section were 
delegated to the Secretary of Defense, to be exercised in consultation 
with the Secretary of Labor, by Executive Order 12598 (June 17, 1987; 
52 F.R. 23421).
---------------------------------------------------------------------------
          ``(1) was caused by hostile action; and
          ``(2) was a result of the relationship of the 
        dependent to the member of the uniformed services.
    ``(b) Any compensation otherwise payable to a person under 
this section in connection with any disability or death shall 
be reduced by any amount payable to such person under any other 
program funded in whole or in part by the United States in 
connection with such disability or death, except that nothing 
in this subsection shall result in the reduction of any amount 
below zero.
    ``(c) A determination by the President under subsection (a) 
is conclusive and is not subject to judicial review.
    ``(d) In this section:
          ``(1) The term `dependent' has the meaning given that 
        term in section 551 of title 37.
          ``(2) The term `Secretary concerned' has the meaning 
        given that term in section 101 of that title.''.
    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end thereof the following new item:

``1032. Disability and death compensation: dependents of members held as 
          captives.''.

    (3) Section 1032 of title 10, United States Code, as added 
by paragraph (1), shall apply with respect to any disability or 
death resulting from an injury that occurs after January 21, 
1981.
    (c) Medical Benefits.--(1) Chapter 55 of title 10, United 
States Code, is amended by adding at the end thereof the 
following new section:

``Sec. 1095a. Medical care: members held as captives and their 
                    dependents

    ``(a) Under regulations prescribed by the President, the 
Secretary concerned shall pay (by advancement or reimbursement) 
any person who is a former captive, and any dependent of that 
person or of a person who is in a captive status, for health 
care and other expenses related to such care, to the extent 
that such care--
          ``(1) is incident to the captive status; and
          ``(2) is not covered--
                  ``(A) by any other Government medical or 
                health program; or
                  ``(B) by insurance.
    ``(b) In the case of any person who is eligible for medical 
care under section 1074 or 1076 of this title, such regulations 
shall require that, whenever practicable, such care be provided 
in a facility of the uniformed services.
    ``(c) In this section:
          ``(1) `captive status' and `former captive' have the 
        meanings given those terms in section 559 of title 37.
          ``(2) `dependent' has the meaning given that term in 
        section 551 of that title.''.
    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end thereof the following new item:

``1095a. Medical care: members held as captives and their dependents.''.

    (3)(A) Section 1095 of title 10, United States Code, as 
added by paragraph (1), shall apply with respect to any person 
whose captive status begins after January 21, 1981.
    (B) The President shall prescribe specific regulations 
regarding the carrying out of such section with respect to 
persons whose captive status begins during the period beginning 
on January 21, 1981, and ending on the effective date of that 
section.
    (d) Educational Assistance.--(1) Part III of title 10, 
United States Code, is amended by adding at the end thereof the 
following new chapter:

``CHAPTER 110--EDUCATIONAL ASSISTANCE FOR MEMBERS HELD AS CAPTIVES AND 
                         THEIR DEPENDENTS \45\

``Sec.
``2181. Definitions.
\45\ Functions vested in the President by this chapter were delegated to 
    the Secretary of Defense by Executive Order 12598 (June 17, 1987; 52 
    F.R. 23421).
``2182. Educational assistance: dependents of captives.
``2183. Educational assistance: former captives.
``2184. Termination of assistance.
``2185. Programs to be consistent with programs administered by the 
          Department of Veterans Affairs.

``Sec. 2181. Definitions

    ``In this chapter:
          ``(1) The terms `captive status' and `former captive' 
        have the meanings given those terms in section 559 of 
        title 37.
          ``(2) The term `dependent' has the meaning given that 
        term in section 551 of that title.

``Sec. 2182. Educational assistance: dependents of captives

    ``(a) Under regulations prescribed by the President, the 
Secretary concerned shall pay (by advancement or reimbursement) 
a dependent of a person who is in a captive status for expenses 
incurred, while attending an educational or training 
institution, for--
          ``(1) substance;
          ``(2) tuition;
          ``(3) fees;
          ``(4) supplies;
          ``(5) books;
          ``(6) equipment; and
          ``(7) other educational expenses.
    ``(b) Except as provided in section 2184 of this title, 
payments shall be available under this section for dependent of 
a person who is in a captive status for education or training 
that occurs--
          ``(1) after that person is in a captive status for 
        not less than 90 days; and
          ``(2) on or before--
                  ``(A) the end of any semester or quarter (as 
                appropriate) that begins before the date on 
                which the captive status of that person 
                terminates;
                  ``(B) the earlier of the end of any course 
                that began before such date or the end of the 
                16-week period following that date if the 
                education or training institution is not 
                operated on a semester or quarter system; or
                  ``(C) a date specified by the Secretary 
                concerned in order to respond to special 
                circumstances.
    ``(c) If a person in a captive status or a former captive 
dies and the death is incident to the captivity, payments shall 
be available under this section for a dependent of that person 
for education or training that occurs after the date of the 
death of that person.
          ``(d) The provisions of this section shall not apply 
        to any dependent who is eligible for assistance under 
        chapter 35 of title 38 or similar assistance under any 
        other provision of law.

``Sec. 2183. Educational assistance: former captives

    ``(a) In order to respond to special circumstances, the 
Secretary concerned may pay (by advancement or reimbursement) a 
person who is a former captive for expenses incurred, while 
attending an educational or training institution, for--
          ``(1) substance;
          ``(2) tuition;
          ``(3) fees;
          ``(4) supplies;
          ``(5) books;
          ``(6) equipment; and
          ``(7) other educational expenses.
    ``(b) Except as provided in section 2184 of this title, 
payments shall be available under this section for a person who 
is a former captive for education or training that occurs--
          ``(1) after the termination of the status of that 
        person as a captive; and
          ``(2) on or before--
                  ``(A) the end of any semester or quarter (as 
                appropriate) that begins before the end of the 
                10-year period beginning on the date on which 
                the status of that person as a captive 
                terminates; or
                  ``(B) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course that began before such date or the end 
                of the 16-week period following that date.
    ``(c) Payments shall be available under this section only 
to the extent that such payments are not otherwise authorized 
by law.

``Sec. 2184. Termination of assistance

    ``Assistance under this chapter--
          ``(1) shall be discounted for any person whose 
        conduct or progress is unsatisfactory under standards 
        consistent with those established under section 3524 of 
        title 38; and
          ``(2) may not be provided for any person for more 
        than 45 months (for the equivalent in other than full-
        time education or training).

``Sec. 2185. Programs to be consistent with programs administered by 
                    the Department of Veterans Affairs

    ``Regulations prescribed to carry out this chapter shall 
provide that the programs under this chapter shall be 
consistent with the educational assistance programs under 
chapters 35 and 36 of title 38.''.
    (2) The table of chapters at the beginning of subtitle A of 
such title, and the table of chapters at the beginning of part 
III of such subtitle, are amended by inserting after the item 
relating to chapter 109 the following new item:

``110. Educational Assistance for Members Held as Captives and 
              Their Dependents...................................2181''.

    (3) Chapter 110 of title 10, United States Code, as added 
by paragraph (1) shall apply with respect to persons whose 
captive status begins after January 21, 1981.
    (e) Account Used for Payment of Compensation for Victims of 
Terrorism.--(1) Chapter 19 of title 37, United States Code, is 
amended by adding at the end thereof the following new section:

``Sec. 1013. Payment of compensation for victims of terrorism

    ``Any benefit or payment pursuant to section 559 of this 
title, or section 1051 or 1095a or chapter 110 of title 10, 
shall be paid out of funds available to the Secretary concerned 
for military personnel.''.
    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end thereof the following new item:

``1013. Payment of compensation for victims of terrorism.''.

 SEC. 807. REGULATIONS.

    Any regulation required by this title or by any amendment 
made by this title shall take effect not later than 6 months 
after the date of enactment of this Act.

SEC. 808. EFFECTIVE DATE OF ENTITLEMENTS.

    Provisions enacted by this title which provide new spending 
authority described in section 401(c)(2)(C) of the 
Congressional Budget Act of 1974 shall not be effective until 
October 1, 1986.

                      TITLE IX--MARITIME SECURITY


SEC. 901. SHORT TITLE.

    This title may be cited as the ``International Maritime and 
Port Security Act''.

SEC. 902.\46\ INTERNATIONAL MEASURES FOR SEAPORT AND SHIPBOARD 
                    SECURITY.

    The Congress encourages the President to continue to seek 
agreement through the International Maritime Organization on 
matters of international seaport and shipboard security, and 
commends him on his efforts to date. In developing such 
agreement, each member country of the International Maritime 
Organization should consult with appropriate private sector 
interests in that country. Such agreement would establish 
seaport and vessel security measures and could include--
---------------------------------------------------------------------------
    \46\ 46 U.S.C. app. 1801.
---------------------------------------------------------------------------
          (1) seaport screening of cargo and baggage similar to 
        that done at airports;
          (2) security measures to restrict access to cargo, 
        vessels, and dockside property to authorized personnel 
        only;
          (3) additional security on board vessels;
          (4) licensing or certification of compliance with 
        appropriate security standards; and
          (5) other appropriate measures to prevent unlawful 
        acts against passengers and crews on board vessels.

SEC. 903. MEASURES TO PREVENT UNLAWFUL ACTS AGAINST PASSENGERS AND 
                    CREWS ON BOARD SHIPS.

    (a) Report on Progress of IMO.--The Secretary of 
Transportation and the Secretary of State, jointly, shall 
report to the Congress by February 28, 1987, on the progress of 
the International Maritime Organization in developing 
recommendations on Measures to prevent Unlawful Acts Against 
Passengers and Crews On Board Ships.
    (b) Content of Report.--The report required by subsection 
(a) shall include the following information--
          (1) the specific areas of agreement and disagreement 
        on the recommendations among the member nations of the 
        International Maritime Organization;
          (2) the activities of the Maritime Safety Committee, 
        the Facilitation Committee, and the Legal Committee of 
        the International Maritime Organization in regard to 
        the proposed recommendations; and
          (3) the security measures specified in the 
        recommendations.
    (c) Security Measures at United States Ports.--If the 
member nations of the International Maritime Organization have 
not finalized and accepted the proposed recommendations by 
February 28, 1987, the Secretary of Transportation shall 
include in the report required by this section a proposed plan 
of action (including proposed legislation if necessary) for the 
implementation of security measures at United States ports and 
on vessels operating from those parts based on the assessment 
of threat from acts of terrorism reported by the Secretary of 
Transportation under section 905.

SEC. 904. PANAMA CANAL SECURITY.

    Not later than 6 months after the date of enactment of this 
Act, the President shall report to the Congress on the status 
of physical security at the Panama Canal with respect to the 
threat of terrorism.

SEC. 905.\47\ THREAT OF TERRORISM TO UNITED STATES PORTS AND VESSELS.

    Not later than February 28, 1987, and annually thereafter, 
the Secretary of Transportation shall report to the Congress on 
the threat from acts of terrorism to United States ports and 
vessels operating from those ports.
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    \47\ 46 U.S.C. app. 1802
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SEC. 906. PORT, HARBOR, AND COASTAL FACILITY SECURITY.

    The Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221 
et seq.) is amended by inserting after section 6 of the 
following new section:
    ``Sec. 7. Port, Harbor, and Coastal Facility Security.
    ``(a) General Authority.--The Secretary may take actions 
described in subsection (b) to prevent or respond to an act of 
terrorism against--
          ``(1) an individual, vessel, or public or commercial 
        structure, that is--
                  ``(A) subject to the jurisdiction of the 
                United States; and
                  ``(B) located within or adjacent to the 
                marine environment; or
          ``(2) a vessel of the United States or an individual 
        on board that vessel.
    ``(b) Specific Authority.--Under subsection (a), the 
Secretary may--
          ``(1) carry out or require measures, including 
        inspections, port and harbor patrols, the establishment 
        of security and safety zones, and the development of 
        contingency plans and procedures, to prevent or respond 
        to acts of terrorism; and
          ``(2) recruit members of the Regular Coast Guard and 
        the Coast Guard Reserve and train members of the 
        Regular Coast Guard and the Coast Guard Reserve in the 
        techniques of preventing and responding to acts of 
        terrorism.''.

SEC. 907.\48\ SECURITY STANDARDS AT FOREIGN PORTS.

    (a) Assessment of Security Measures.--The Secretary of 
Transportation shall develop and implement a plan to assess the 
effectiveness of the security measures maintained at those 
foreign ports which the Secretary, in consultation with the 
Secretary of State, determines pose a high risk of acts of 
terrorism directed against passenger vessels.
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    \48\ 46 U.S.C. app. 1803.
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    (b) Consultation With the Secretary of State.--In carrying 
out subsection (a), the Secretary of Transportation shall 
consult the Secretary of State with respect to the terrorist 
threat which exists in each country and poses a high risk of 
acts of terrorism directed against passenger vessels.
    (c) Report of Assessments.--Not later than 6 months after 
the date of enactment of this Act, the Secretary of 
Transportation shall report to the Congress on the plan 
developed pursuant to subsection (a) and how the Secretary will 
implement the plan.
    (d) Determination and Notification to Foreign Country.--If, 
after implementing the plan in accordance with subsection (a), 
the Secretary of Transportation determines that a port does not 
maintain and administer effective security measures, the 
Secretary of State (after being informed by the Secretary of 
Transportation) shall notify the appropriate government 
authorities of the country in which the port is located of such 
determination, and shall recommend the steps necessary to bring 
the security measures in use at that port up to the standard 
used by the Secretary of Transportation in making such 
assessment.
    (e) Antiterrorism Assistance Related to Maritime 
Security.--The President is encouraged to provide antiterrorism 
assistance related to maritime security under chapter 8 of part 
II of the Foreign Assistance Act of 1961 to foreign countries, 
especially with respect to a port which the Secretary of 
Transportation determines under subsection (d) does not 
maintain and administer effective security measures.

SEC. 908.\49\ TRAVEL ADVISORIES CONCERNING SECURITY AT FOREIGN PORTS.

    (a) Travel Advisory.--Upon being notified by the Secretary 
of Transportation that the Secretary has determined that a 
condition exists that threatens the safety or security of 
passengers, passenger vessels, or crew traveling to or from a 
foreign port which the Secretary of Transportation has 
determined pursuant to section 907(d) to be a port which does 
not maintain and administer effective security measures, the 
Secretary of State shall immediately issue a travel advisory 
with respect to that port. Any travel advisory issued pursuant 
to this subsection shall be published in the Federal Register. 
The Secretary of State shall take the necessary steps to widely 
publicize that travel advisory.
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    \49\ 46 U.S.C. app. 1804.
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    (b) Lifting of Travel Advisory.--The travel advisory 
required to be issued under subsection (a) may be lifted only 
if the Secretary of Transportation, in consultation with the 
Secretary of State, has determined that effective security 
measures are maintained and administered at the port with 
respect to which the Secretary of Transportation had made the 
determination described in section 907(d).
    (c) Notification to Congress.--The Secretary of State shall 
immediately notify the Congress of any change in the status of 
a travel advisory imposed pursuant to this section.

SEC. 909.\50\ SUSPENSION OF PASSENGER SERVICES.

    (a) President's Determination.--Whenever the President 
determines that a foreign nation permits the use of territory 
under its jurisdiction as a base of operations or training for, 
or as a sanctuary for, or in any way arms, aids, or abets, any 
terrorist or terrorist group which knowingly uses the illegal 
seizure of passenger vessels or the threat thereof as an 
instrument of policy, the President may, without notice or 
hearing and for as long as the President determines necessary 
to assure the security of passenger vessels against unlawful 
seizure, suspend the right of any passenger vessel common 
carrier to operate to and from, and the right of any passenger 
vessel of the United States to utilize, any port in that 
foreign nation for passenger service.
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    \50\ 46 U.S.C. app. 1805.
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    (b) Prohibition.--It shall be unlawful for any passenger 
vessel common carrier, or any passenger vessel of the United 
States, to operate in violation of the suspension of rights by 
the President under this section.
    (c) Penalty.--(1) If a person operates a vessel in 
violation of this section, the Secretary of the department in 
which the Coast Guard is operating may deny the vessels of that 
person entry to United States ports.
    (2) A person violating this section is liable to the United 
States Government for a civil penalty of not more than $50,000. 
Each day a vessel utilizes a prohibited port shall be a 
separate violation of this section.

SEC. 910.\51\ SANCTIONS FOR THE SEIZURE OF VESSELS BY TERRORISTS.

    The Congress encourages the President--
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    \51\ 46 U.S.C. app. 1806.
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        (1) to review the adequacy of domestic and 
        international sanctions against terrorists who seize or 
        attempt to seize vessels; and
          (2) to strengthen where necessary, through bilateral 
        and multilateral efforts, the effectiveness of such 
        sanctions.
Not later than one year after the date of enactment of this 
Act, the President shall submit a report to the Congress which 
includes the review of such sanctions and the efforts to 
improve such sanctions.

SEC. 911.\52\ DEFINITIONS.

    For purposes of this title--
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    \52\ 46 U.S.C. app. 1807.
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          (1) the term ``common carrier'' has the same meaning 
        given such term in section 3(6) of the Shipping Act of 
        1984 (46 U.S.C. App. 1702(6)); and
          (2) the terms ``passenger vessel'' and ``vessel of 
        the United States'' have the same meaning given such 
        terms in section 2102 of title 46, United States Code.

SEC 912.\53\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $12,500,000 for 
each of the fiscal years 1987 through 1991, to be available to 
the Secretary of Transportation to carry out this title.
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    \53\ 46 U.S.C. app. 1808.
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SEC. 913.\54\ REPORTS.

    (a) Consolidation.--To the extent practicable, the reports 
required under sections 903, 905, and 907 shall be consolidated 
into a single document before being submitted to the Congress. 
Any classified material in those reports shall be submitted 
separately as an addendum to the consolidated report.
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    \54\ 46 U.S.C. app. 1809.
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    (b) Submission to Committees.--The reports required to be 
submitted to the Congress under this title shall be submitted 
to the Committee on Foreign Affairs and the Committee on 
Merchant Marine and Fisheries of the House of Representatives 
\55\ and the Committee on Foreign Relations and the Committee 
on Commerce, Science and Transportation of the Senate.
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    \55\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
    The House Committee on Merchant Marine and Fisheries was abolished 
in the 104th Congress, and sec. 1(b)(3) of Public Law 104-14 (109 Stat. 
186) stated that the Committee on Merchant Marine and Fisheries of the 
House of Representatives shall be treated as referring to the Committee 
on National Security of the House of Representatives, in the case of a 
provision of law relating to interoceanic canals, the Merchant Marine 
Academy and State Maritime Academies, or national security aspects of 
merchant marine.

           *       *       *       *       *       *       *

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              TITLE XI--SECURITY AT MILITARY BASES ABROAD


SEC. 1101.\56\ FINDINGS.

    The Congress finds that--
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    \56\ 10 U.S.C. 133 note.
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          (1) there is evidence that terrorists consider bases 
        and installations of United States Armed Forces outside 
        the United States to be targets for attack;
          (2) more attention should be given to the protection 
        of members of the Armed Forces, and members of their 
        families, stationed outside the United States; and
          (3) current programs to educate members of the Armed 
        Forces, and members of their families, stationed 
        outside of the United States to the threats of 
        terrorist activity and how to protect themselves should 
        be substantially expanded.

SEC. 1102.\56\ RECOMMENDED ACTIONS BY THE SECRETARY OF DEFENSE.

    It is the sense of the Congress that--
          (1) the Secretary of Defense should review the 
        security of each base and installation of the 
        Department of Defense outside the United States, 
        including the family housing and support activities of 
        each such base or installation, and take the steps the 
        Secretary considers necessary to improve the security 
        of such bases and installations; and
          (2) the Secretary of Defense should institute a 
        program of training for members of the Armed Forces, 
        and for members of their families, stationed outside 
        the United States concerning security and 
        antiterrorism.

SEC. 1103.\56\ REPORT TO THE CONGRESS.

    Not later than June 30, 1987, the Secretary of Defense 
shall report to the Congress on any actions taken by the 
Secretary described in section 1102.

       TITLE XII--CRIMINAL PUNISHMENT OF INTERNATIONAL TERRORISM


SEC. 1201. ENCOURAGEMENT FOR NEGOTIATION OF A CONVENTION.

    (a) Sense of Congress.--It is the sense of the Congress 
that the President should establish a process encourage the 
negotiation of an international convention to prevent and 
control all aspects of international terrorism.
    (b) Relation to Existing International Conventions.--Such 
convention should address the prevention and control of 
international terrorism in a comprehensive fashion, taking into 
consideration matters not covered by--
          (1) the Convention for the Suppression of Unlawful 
        Seizure of Aircraft (the Hague, December 16, 1970; 22 
        U.S.T. 1641, TIAS 7192);
          (2) the Convention for the Suppression of Unlawful 
        Acts Against the Safety of Civil Aviation (Montreal, 
        September 23, 1971; 24 U.S.T. 564, TIAS 7570);
          (3) the Convention on the Prevention and Punishment 
        of Crimes Against Internationally Protected Persons 
        (New York, December 14, 1973; 28 U.S.T. 1975, TIAS 
        8532);
          (4) the Convention Against the Taking of Hostages 
        (New