Amendment to S. 2236

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00988R000200060001-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 19
• Document Creation Date: December 16, 2016
• Document Release Date: June 16, 2005
• Sequence Number: 1
• Content Type: FORM

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IN THE SENATE OF THE UNITED STATES
Referred to the Committee on _~... .... _.__ -_.~..o......._._.,_.. and ordered to be printed,
AMENDMENT
Intended to be proposed by Mr. .... . . . .......... --.- ............ - . . ..... . .... . ................. . . . . ....... -.
toS.....~ L.._...------ ..,a, bill
H.P.m:. .., ....... anAct
viz: On page , line , insert the following:
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To strengthen Federal policies and programs and international
cooperation to combat international terrorism.
Section 1. This Act shall be known as "An Act to Combat
International Terrorism."
STATEMENT OF FINDINGS AND PURPOSE
Section 2. The Congress hereby finds that --
(a) innocent persons have been killed, injured and victiatized.,
human rights violated, property destroyed and damaged, and inter-
national commerce obstructed as a result of terrorist acts;
(b) such acts represent an intolerable attack against the
fundamental right to life and security of all peoples of the world;
(c) such acts constitute a threat to the orderly and civilized
functions of the international community;
(d) certain nations exhibit a significant pattern of support
for international terrorist acts; and
(e) certain international airports fail to conform with
minimum security standards.
It is therefore the purpose of the Act to
(a) strengthen Federal capabilities in policy and planning,
coordination, intelligence, and response capability and enlist
the cooperation of all other nations and national and international
organizations in initiatives to counter terrorist acts more effec-
tively throughout the world, while safeguarding democratic values;.
(b) promote appropriate action by the United States and.
other governments in order to combat international terrorism; and
(c) provide public notice to persons travelling in inter-
national air con:erce of deficient security programs and facilities
at certain foreign and domestic airports.
DEFINITIONS
Section 3. For the purposes of this, Act, the following
definitLions are established:
(a) "International terrorism" includes any act designated
as an offense or crime under --
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(1) the Convention for the Suppression of Unlaw-
ful Seizure of Aircraft (done at The Hague, December 16.
1970);
(2) the Convention for the Suppression of Unlaw-
ful Acts Against the Safety of Civil Aviation (done
at Montreal, September 23, 1971); and
(3) the Convention on the Prevention and Punish-
ment of Crimes Against Internationally Protected Persons;,,
including Diplomatic Agents (adopted by the General.
Assembly of the United Nations at New York, December 14,
1973); or
(4) any other unlawful act which results in the
death, bodily harm, or forcible deprivation of liberty
to any person, or in the violent destruction of property,
or an attempt or credible threat to commit any such act,
if the act, threat, or attempt is committed or takes
effect
(a) outside the territory of a State of
which the alleged offender is a national; or
(b) outside the territory of the State
against which the act is directed; or
(c) within the territory of the State
against which the act is directed and the
alleged offender knows or has reason to know
that a person against whom the act is directed
is not a national of that State, or
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(d) within the territory of any State
when found to. have been supported by a
foreign State as defined in Section 3(b),
irrespective of the nationality of the
alleged offender;
(i) intended to damage the interests
of or obtain concessions from a State or
an international organization; and
(ii) not committed in the course of
military or Para-military operations
directed essentially against military
forces of a State or an organized armed
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of any of the following acts when committed deliberately by a State:
(1) furnishing arms, explosives or lethal substances
to individuals, groups, or organizations with the ltkeli-
hood that they will be used in the commission of any act
of international terrorism;
(2) planning, directing, providing training for,
or assisting in the execution of any act of international
terrorism;
(3) providing direct financial support for the com-
mission of any act of international terrorism;
(4) providing diplomatic facilities intended to aid
or abet the commission of any act of international terror-
ism; or
(5) allowing the use of its territory as a sanctuary
from extradition or prosecution for any act of international
terrorism.
REPORT ON ACTS OF INTERNATIONAL TERRORISM
Section 4. (a) Six months after the date of enactment of this
Act and every sic months thereafter, the Secretary of State shall
transmit to the Speaker of the House and the President Pro Tempore
of the Senate a report on those incidents he determines to he acts
of international terrorism pursuant to section 3 of this Act; pro-
vided however, that any such incident which affects or involves
citizens or significant interests or property of the United States
shall be reported to Congress not later than 30 days after tha
occurrence of such an incident.
(b) Such report shall include, but not be limited r_o,.the
following information:
(1) a description of the incident and of the involve-
rent and identity of each individual, entity, group or
organization involved in such incident;
(2) the identicy of any government providing state
support for such acts of international terrorism, and
a statement setting forth the exact na`urc 4nc! extent
of such government's involvement;
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(3) a description of the actions of any government
which assisted in bringing about a positive termination
of.the incident;
(4) a description of the response of the United States
Government to such, incident.
f~ N.a-his section is intended to require the public
d_isclosur. formation which is
e4--b1;ab&d by Executive Order.
~3ac~es areion shall be provided
properly classified under criteria
to
Representative and the President Pro
wrritten c ass ied report,
the Speaker of the House of
Tempore of the Senate in a
a determination in such case,
an unclassified summary ~f such information shall be prepared and
submitted to the Speaker of the House of Representatives and President
Pro Tempore of the Senate.
Nothing in this section is intended to require disclosure
of investigatory records compiled for law enforcement purposes
specifically protected by 5 U.S.C. 522(C)(b)(7).
LIST OF STATES SUPPORTING INTERNI.TIONAL TERRORISM
Section 5. (a) Six months after the date of enactment of this
Act and every six months thereafter, the President shall consider
which, if any., states have demonstrated a pattern of support for
acts of international terrorism. If the President determines that
any states have so acted, he shall submit a List of states support-
ir.g international terrorism to the President Pro Tempore of the
Senate and the Speaker of the House of Representatives.
(b) Such List shall also identify any states against which
sanctions have been applied Pursuant to section 6 of this Act, and
any other intiatives of the United States with respect to such
states, and set forth the President's reasons for listing any such
states.
(c) If the President determines that no states have undertaken
the acts described in subsection (a) of this section, he shall
report the same with a detailed explanation.
(d)(1) The List shall be reviewed periodically by the President.
The President may propose to Congress a request for removal of any
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state from the List, Such request shall be accompanied by the
reasons therefor.
(2) A state requested by the President to be deleted from
the List shall be removed from the List thirty days after the sub-
mission of that request to the Congress unless Congress by Concur:
rent Resolution disapproves that request
PRESIDENTIAL AUTHORITY TO COMBAT INTERNATIONAL
TERRORIST ACTS
Section 6. (a) When a foreign government is listed pursuant
to section 5 of this Act, the President shall
(1) provide no assistance under the Foreign Assistance
Act of 1961, or
(2) not authorize any sale, or extend any credit or
guaranty, with respect to any defense article or service
as defined by section 47 of the Arms Export Control Act
so identified, or
(3) approve no export licenses for the export of com-
modities or technical data which has a potential military
application or which would otherwise enable a foreign
government to support international terrorist actions,
(4) extend no duty-free treatment under title V of
the Trade Act of 1974.
(b) If the President finds that the interests of national
security so require, he may suspend the applicability of any part
of the prohibitions listed in subsection (a) of this section in such
case. He shall report his reasons therefor in writing to the
Speaker of the House of Representatives and the President Pro
Tempore of the Senate and those prohibitions shall no longer apply.
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(c) In devising initiatives to combat international terrorist
actions and to reduce state support for such actions. the President
z
shall take such =other measures available to him as he deems appro-
priate; he shall take into account: the effectiveness of specific
sanctions in inducing change in a country's policy or practice of
supporting international terrorist actions; the likely effect of
sanctions on overall U .S. relations with such country or with other
countries; and the effect such sanctions would have on other U.S.
rational interests.
(d) The President shall take all appropriate diplomatic meas-
ures consistent with international obligations to support the
effectiveness of actions taken pursuant to this authority in the
accomplishment of the purposes of this Act.
(e) The President shall promptly and fully inform the Speaker
of the House of Representatives and the Chairman and Ranking Minor-
ity Members of the Comnittee on Foreign Relations of the Senate of
each exercise of authority granted under the Act.
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REPORT ON FEDERAL AND INTERi1ATIQNAL CAPABILITIES
TO COMBAT TERRORISM
Section 7. (a) The President shall, six months after the date
of enactment of this Act, submit to' the President Pro Tempore of
the Senate and the Speaker of the House of Representatives a Report
on Federal and international Capabilities to Combat Terrorism.
Such Report shall include a comprehensive and specific review of
Federal anti-terrorisri organization, policies and activities.. It
shall include a description and evaluation of the effectivenes3 c*f
relevant Federal organizational structures, planning, coordination,
including with State and local authorities, response capability,
intelligence gathering and analysis, assistance to and cooperation
with U.S. business representatives abroad, and security preparedness
and security adequacy of U.S. diplomatic and military installations,
Such Report shall further include a statement and evaluation of
all relevant Federal policies, including those with respect to
responding to threats, and the management of a terrorist incident.
The Report shall contain an assessment of the capability and effec-
tiveness of the International Civil Aviation Organization and other
international programs and organizations to establish appropriate
airport security standards and combat terrorist activities.
(b) Nothing in this section is intended to require the public
disclosure of information which is properly classified under, criteria
established by Executive Order, or is othertaise protected by law.
Such information shall be provided to the Speaker of the House of
Representatives and the President Pro Tempore of the Senate in a
written classified report. In such,case, an unclassified summary
of such information shall be prepared and submitted to the Speaker of
the Mouse of Representatives and President Pro Tempore of the Senate.
INFORMATION ON FOREIGN AIRPORT SECURITY
Section. 8. (a) Section 1115 of the Federal Aviation Act of
1958 (49 U.S.C. 1515) relating to security standards in foreign
air transportation is amended to read as follows:
"Security Standards in Foreign Air Transportation
"Section 1115(a). The Secretary pf Transportation shall conduct
at such intervals as the Secrecary shall deem nccc narf an assessment
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f
o t e e ect~,veness. o Me security me ures maintained at those
foreign airports serving U.S. carriers, those foreign airports from
which foreign air carriers serve the U.S., and at such other foreign
airports as the Secretary may deem appropriate. Such assessments
shall be made by the Secretary in consultation with the competent
aeronautic authorities of the appropriate foreign government. The
assessment shall determine the extent to which an airport effectively
maintains and administers security measures. The criteria utilized
by the Secretary in assessing the effectiveness of security at U.S.
airports shall be considered in making such assessments and shall
be equal to or above the Standards established pursuant to the Con-
vention on International Civil Aviation. The assessment shall. include
consideration of specific security programs and techniques, including
but not limited to, physical and personnel security programs and
procedures, passenger security and baggage examination, the use of
electronic, mechanical or other detection devices, airport police
and security forces, control of unauthorized access to aircraft,
airport perimeter, passenger boarding, and cargo boarding areas,
"(b) The Report to the Congress required by Section 315 of
this Act shall contain:
"(1) A summary cf those assessments conducted pur-
suant to subsection (a) of this section. The surnrrar.y
shall identify the airports assessed and describe any
significant deficiencies and actions taken or recom-
mended.
"(2) A description of the extent if any to which
specific deficiencies previously identified have been
eliminated.
??(c) When the Secretary finds that an airport does not main-
tain and administer security measures at the level o? effectiveness
specified in subsection (a) of this section, he shall notify the
appropriate authorities of such foreign government of his finding,
and recorrrnend the steps necessary to bring the security measures in
use at chat airport to such standards.
"(d)(1) Within a reasona'nle period, but not less than 6C days
after the notification requ;A::ed in subsection (c) of this section
and upon a detc.: ire .t ion by ; he Secretary that the foreign governmant
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h.%failed to bring the security mea~es at the identified airport
to the level of effectiveness specified in subsection (a) of this
section, he.
"'"(A) shall publish in the Federal Register and
cause to be posted and prominently displayed at all
U.S. airports regularly serving, scheduled air carrier
operations the identification of the airport; and
"?