A BILL TO IMPLEMENT THE INTERNATIONAL CONVENTION AGAINST THE TAKING OF HOSTAGES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP95B00895R000300060034-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 41
• Document Creation Date: December 21, 2016
• Document Release Date: November 17, 2008
• Sequence Number: 34
• Publication Date: April 26, 1984
• Content Type: OPEN SOURCE

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A bill to implement the International Convention Against the
Taking of Hostages.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SHORT TITLE
SEC. 1. This Act may be cited as the "Act for the
Prevention and Punishment of the Crime of Hostage-Taking".
STATEMENT OF FINDINGS AND PURPOSE
SEC. 2. The Congress hereby finds that:
(a) the International Convention Against the Taking of
Hostages (adopted by the United Nations, December 17, 1979)
requires all States parties to it to prohibit the offense of
hostage-taking as defined in the Convention;
(b) hostage-taking affects domestic tranquility, interstate
and foreign commerce, and foreign relations, endangers national
security, and is an offense against the law of nations;
(a) the purpose of this title is to fully implement the
International Convention Against the Taking of Hostages.
SEC. 3. (a) Section 1201 of title 18, United States Code,
is amended --
(1) by deleting in subsection (a)(3) the words
"section 101(36) of the Federal Aviation Act of 1958, as
amended (49 U.S.C. 1301(36))" and inserting in lieu thereof
"section 101(38) of the Federal Aviation Act of 1958, as
amended (49 U.S.C. 1301(38))";
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(2) by deleting "or" at the end of subsection (a)(3);
(3) by deleting the comma at the end of subsection
(a)(4) and inserting "; or" in lieu thereof;
(4) by adding a new subsection (a)(5) after subsec-
tion (a)(4) as follows:
"(5) a threat is made to kill, injure or to
continue to detain the person in order to compel a
third party to do or abstain from doing any act as an
explicit or implicit condition for the release of the
person,";
(5) by amending subsection (d) to read as follows:
"(d) Whoever attempts to violate subsection
(a)(4) or subsection (a)(5) shall be punished by
imprisonment for not more than twenty years.";
(6) by amending subsection (e) to read as follows:
"(e) If the victim of an offense under subsection
(a) is an internationally protected person, or if a
threat is made to kill, injure, or to continue to
detain the victim in order to compel a third party to
do or abstain from doing any act as an explicit or
implicit condition for the release of the victim, the
United States may exercise jurisdiction over the
offense if the offense was committed within the United
States; the alleged offender is a national of the
United States; the victim or purported victim was a
national of the United States; or the offender is
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present within the United States, irrespective of the
place where the offense was committed or the
nationality of the victim or the alleged offender. As
used in this subsection, the term "United States"
includes all areas under the jurisdiction of the United
States including any of the places within the
provisions of sections 5 and 7 of this title and
section 101(38).of the Federal Aviation Action of 1958,
as amended (49 U.S.C. 1301(38)) and the term "national
of the United States" has the meaning given to it in
section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22)).";
(7) by amending subsection (f) to read as follows:
"(f) In the course of enforcement of subsection
(a)(4) or subsection (a)(5), and any other sections
prohibiting a conspiracy or attempt to violate subsec-
tion (a)(4) or subsection (a)(5), the Attorney General
may request assistance from any Federal, State, or
local agency, including the Army, Navy, Marine Corps,
and Air Force, any statute, rule or regulation to the
contrary notwithstanding."; and
(8) by inserting a new subsection (g) to read as
follows:
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"(g) Nothing in this section shall be construed
as indicating an intent on the part of Congress to
prevent any State, commonwealth, territory or posses-
sion of the United States, or the District of Columbia,
from exercising jurisdiction over any offense over
which it would have jurisdiction in the absence of this
section, nor shall anything in this section be con-
strued as depriving State and local law enforcement
authorities of responsibility for prosecuting acts that
may be violations of this section and that are viola-
tions of State and local law, nor shall anything in
subsection (a)(5) of this section be construed as
authorizing the United States to exercise jurisdiction
over an offense occurring in the United States in which
the alleged offender is the parent, child, spouse,
brother or sister of any victim or in which the alleged
offender and any victim live in the same household and
are related by blood or marriage.".
(b)(1) The heading of section 1201 of title 18, United
States Code, is amended to read as follows:
"?1201. Kidnaping and hostage-taking".
(2) The analysis for chapter 55 of title 18, United States
Code, is amended by deleting the item relating to section 1201
and inserting in lieu there of the following new item:
"1201. Kidnapping and hostage-taking."
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EFFECTIVE DATE
SEC. 4. Sections 2 and 3 of this Act shall become effective
only when the International Convention Against the Taking of
Hostages has come into force and the United States has become a
party to it.
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,CTION-BY-SECTION ANALYSE.
An Act for the Prevention and Punishment
of the Crime of Hostage-Taking
This bill is intended to implement the International
Convention Against the Taking of Hostages, a Convention trans-
mitted to the Senate on August 4, 1980. The Senate gave its
advice and consent to the Convention's ratification on July 30,
1981 and the President signed the instrument of ratification on
September 4, 1981. However, such instrument has not been filed
pending passage of the implementing legislation. When the United
States becomes a party to the Convention, we will have incurred
an obligation to have enacted domestic laws to provide sanctions
against those who commit the offense of hostage taking. Thus,
this title amends the federal kidnaping statute (18 U.S.C. 1201)
to provide for federal jurisdiction over any kidnaping in which a
threat is made to kill, injure, or continue to detain the victim
in order to compel a third party to do or abstain from doing
something, a common ploy of terrorists.
Section one of the bill provides that, on enactment, the
title may be cited as the "Act for the Prevention and Punishment
of the Crime of Hostage-Taking."
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Section two of the bill is a statement of the findings and
purposes of the Congress in enacting the legislation. It is
based.on an exercise of the treaty power and of the power to
punish offenses against the law of nations, as well as on the
power of Congress under the commerce clause and other provisions
of the Constitution.
Section three of the bill amends the federal kidnaping
statute (18 U.S.C. 1201) to create federal jurisdiction over
those kidnapings that also constitute hostage-taking. Section
1201 now prohibits kidnaping when the victim is transported in
interstate commerce or is an internationally protected person or
when the offense is committed in the special maritime, territo-
rial, or aircraft jurisdiction of the United States. These
existing offenses have been left unchanged.
The present federal kidnaping statute creates a rebuttable
presumption that a victim who has not been released within
twenty-four hours is presumed to have been transported in
interstate commerce. The primary purpose of this provision is to
allow the Federal Bureau of Investigation to investigate cases in
which it is not known whether the victim has been transported in
interstate commerce. It should be noted that, under the proposed
legislation, the FBI would have the authority to act once a
ransom or other demand were received. The rebuttable presumption
provision is left in effect, however, in order to allow FBI
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jurisdiction in kidnaping cases in which no ransom or other
demand is made and it is not known whether the victim has been
transported in interstate commerce.
Subsection 3(a)(1) first makes a technical change in the
statute not directly related to the central purpose of the bill
but rather designed to remove an obsolete reference to a section
of the Federal Aviation Act of 1958. As presently written, 18
U.S.C. 1201(a)(3) proscribes kidnapings that occur in the special
aircraft jurisdiction of the United States "as defined in section
101(36) of the Federal Aviation Act of 1958." The definition of
the term "special aircraft jurisdiction" is now found in section
101(38) of the Act and subsection 3(a)(1) merely reflects this.
Subsection 3(a)(2) through 3(a)(4) add a new subsection (5)
to 18 U.S.C. 1201(a) which sets out the offense of hostage
taking. In substance the subsection's definition of the offense
tracks its definition in the Hostage Convention, that is, any
seizure or detaining of a person, coupled with a threat to kill,
to injure or to continue to detain the victim "in order to compel
a third party to do or abstain from doing any act." The Conven-
tion's description of a third party, namely, "a State, an
international inter-governmentalorganization, a natural or
juridicial person, or a group of persons," is omitted from the
legislation. This was done in order to make clear that attempts
to influence third parties not expressly listed in the defini-
tion, such as U.S. state governments and unincorporated local
governments, would violate the statute. There is no need to
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define "third parties" in the legislation, since the phrase
speaks for itself and is intended to have the broadest possible
meaning.
The penalty for the new offense of hostage taking is the
same as that now prescribed in 18 U.S.C. 1201 for other federal
kidnaping offenses, imprisonment for any term of years or for
life. Attempted hostage taking is also made an offense by
subsection 3(a)(5) of the bill which amends 18 U.S.C. 1201(d)
which already covers attempted kidnaping of internationally
protected persons. The punishment may extend to imprisonment for
up to twenty years.
Subsection 3(a)(6) of the bill amends 18 U.S.C. 1201(e) to
provide for extraterritorial jurisdiction over the offense of
hostage-taking similar to that already provided in section 1201
for kidnaping an internationally protected person. Congress's
power to assert such jurisdiction derives from Article 5 of the
Convention and utilizes the well accepted territorial, personal,
and passive personality bases for the exercise of legislative
jurisdiction under international law.
Subsection 3(a)(7) amends 18 O.S.C. 1201(f) to give the
Attorney General the authority to ask for assistance from other
civilian and military agencies when necessary to enforce the
hostage-taking statute. The Attorney General may request
assistance, notwithstanding any statute, rule, or regulation to
the contrary, including the Posse Comitatus Act (18 U.S.C. 1385).
This authority parallels the authority already existing for other
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exceptionally grave offenses, such as attacks on diplomats
(18 U.S.C. 1201(f)), Members of Congress, Cabinet officers and
Supreme Court Justices (18 U.S.C. 351 (g)), the President, the
Vice President, and high level White House staff members
(18 U.S.C. 1751). This authority is not necessary to implement
the Convention, and it would, of course, not be used in most
situations. Nevertheless, there may be exceptional circum-
stances, such as mass hostage-takings, in which the Department of
Justice would need assistance.
Subsection 3(a)(8) inserts a new subsection (g) at the end
of 18 U.S.C. 1201 to make it clear that the new provision on
hostage taking is not intended to usurp the authority of state
and local law enforcement authorities. It is expected that most
kidnapings and hostage-takings will-continue to be handled by
those authorities and that the federal government will not
unnecessarily intervene in situations that local authorities can
handle. In addition, the subsection specifically prevents the
use of federal investigative and prosecutorial resources in
domestic altercations that are traditionally the responsibility
of the states. In the unlikely event that terrorists were to
take their own relatives hostage in the United States, the
exercise of state jurisdiction would satisfy our obligations
under the Convention.
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Section four of the bill provides that the Act will not
become effective until the Hostages Convention comes into effect
for the United States. This is because much of the authority of
Congress to prohibit hostage-taking flows from the Convention and
the purpose of this act is to implement it.
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A bill to prohibit the training, supporting, or inducing of
terrorism, 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
SEC. 1. This Act may be cited as the "Prohibition Against
the Training or Support of Terrorist Organizations Act of 1984".
SEC. 2. Title 18 of the United States Code is amended by
adding the following new chapter after chapter 113:
CHAPTER 113A -- TERRORISM
SEC. 2331' foreign ygovernments, factions, and international and intelligence terrorist groups.
62331. Military and intelligence assistance to certain foreign
governments, factions, and international terrorist groups
"(a) Except as provided in subsections (h) and (i), it'
shall be unlawful for any national of the United States, any
permanent resident alien of the United States, or any United
States business entity to willfully perform or attempt to perform
anywhere in the world any of the following acts:
"(1) serve in, or act in concert with, the armed
forces or any intelligence agency of any foreign government,
faction, or international terrorist group which is named in a
determination in effect under subsection (d);
"(2) provide training in any capacity to the armed
forces or any intelligence agency, or their agents, of any
foreign government, faction, or international terrorist group
named in a determination in effect under subsection (d);
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foreign government, faction, or international terrorist
group named in a determination in effect under subsection
(d);
"(3) provide any logistical, mechanical, maintenance,
or similar support services to the armed forces or any
intelligence agency, or their agents, of any foreign govern-
ment, faction, or international terrorist group named in a
determination in effect under subsection (d); or
"(4) recruit or solicit any person to engage in any
activity described in subparagraphs (1) through (3) of this
paragraph.
"(b) Except as provided in subsections (h) and (i), it
shall be unlawful for any person or entity within the boundaries
of the United States, its territories or possessions, to will-
fully perform or attempt to perform any of the following acts:
"(1) provide training in any capacity to the armed
forces or any intelligence agency, or their agents, of any
"(2) provide any logistical, mechanical, maintenance,
or similar support services to the armed forces or any
intelligence agency, or their agents, of any foreign govern-
ment, faction, or international terrorist group named in a
determination in effect under subsection (d); or.
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"(3) recruit or solicit any person to engage in any
activity described in subparagraphs (1) or (2) of this
paragraph.
"(c) Whoever violates this section shall be fined not more
than five times the total compensation received for such viola-
tion, or $100,000, whichever is greater, or imprisoned for not
more than ten years, or both, for each such offense.
"(d) Whenever the Secretary of State finds that the acts or
likely acts of international terrorism of a foreign government,
faction, or international terrorist group are such that the
national security, foreign relations, or the physical security of
the person or property of a private entity of the United States
warrant a ban on the foreign government's, faction's or inter-
national terrorist group's receipt of services or other
assistance in support of such acts as described in subsections
(a) or (b), he may issue a determination naming such foreign
government, faction, or international terrorist group for which
such finding has been made. If the Secretary of State finds that
the conditions which were the basis for any determination issued
under this subsection have changed in such a manner as to warrant
revocation of such determination, or that the national security
or foreign relations of the United States so warrant, he may
revoke such determination in whole or in part. Any determination
issued pursuant to this subsection shall cease to have any effect
one year from the date of its publication unless renewed at or
before that time by the Secretary of State. Any determination,
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or the renewal or revocation thereof, issued pursuant to this
subsection shall be published in the Federal Register and shall
become effective immediately on publication. Any revocation or
lapsing of a determination shall not affect any action or
proceeding based on any conduct committed prior to the effective
date of such revocation or lapsing.
"(e) For the purposes of this section, any finding of fact
made in any determination or renewal issued pursuant to subsec-
tion (d) shall be conclusive. No question concerning the
validity of the issuance of such determination or renewal may be
raised by a defendant as a defense in or as an objection to any
trial or hearing if such determination or renewal was issued and
published in the Federal Register in accordance with subsection
(d).
"(f) An affirmative defense shall exist with respect to any
act committed outside of the United States within thirty days
after the effective date of any determination affecting such
person if the act was performed pursuant to an agreement or
contract entered into prior to the effective date of the deter-
mination.
"(g)(1) Whoever has been convicted of a violation of this
section, in addition to any other penalty prescribed by this
section, shall forfeit to the United States --
"(A) any property constituting, or derived from,.
any proceeds he obtained, directly or indirectly, as a
result of such violation; and
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"(B) any of his property used, or intended to be
used, to commit, or to facilitate the commission of,
such violation.
"(2) The procedures in any criminal forfeiture under
this section, and the duties and authority of the courts of
the United States and the Attorney General with respect to
any criminal forfeiture action under this section or with
respect to any property that may be subject to forfeiture
under this section, are to be governed by the provisions of
section 1963 of this title.
"(h) This section shall not be construed to prohibit the
provision of medical services or medical training for humani-
tarian purposes, or the recruitment or solicitation thereof.
"(i) Nothing in this section shall be construed to create-T
criminal liability for any activities conducted by officials of
the United States Government, or their agents, which are properly
authorized and conducted in accordance with federal statutes and
Executive orders governing such activities.
"(j) for the purposes of this section--
"(1) the term 'foreign government' has the meaning
given it in section 1116(b) (2) of this title;
"(2) the term 'armed forces' includes any regular,
irregular, paramilitary, guerrilla, or police force;
"(3) the term 'faction' includes any political party,
body of insurgents, or other group which seeks to overthrow
the government of, become the government of, or otherwise
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assert control over or influence any foreign country or
terIitory,epoIsession, department, district, province,,or
? other political subdivision of any such foreign country
through the threat or use of force of arms:
"(4) the term 'group' means an association of persons,
whether or not a legal entity;
"(5) the term 'international terrorist group' means a
group which engages in international terrorism;
"(6) the term 'international terrorism' has the
meaning given to it in section 101(c) of the Foreign
Intelligence Surveillance Act of 1978 (50 D.S.C. 1801(c));
"(7) the term 'intelligence agency' means any entity
which engages in the collection, analysis, or dissemination
of information concerning the activities, capabilities,
plan or intention of governments, organization, or persons,
in whole or in part by covert means;
"(8) the term 'United States business entity' means
any sole proprietorship, partnership, company, association,
or corporation organized under the laws of, or having its
principal place of business within, the United States, any
State, the District of Columbia, or any territory or
possession of the United States;
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" (9 ), the term 'national of the United States' has the
meaning given to it irk section 101(a)(22) of the Immigration
and Nationality Act (8 D.S.C. 1101(a)(22));
"(10) the term 'permanent resident alien of the United
States' means an alien lawfully admitted for permanent
residence in the United States as defined in Section
101(a)(20) of the Immigration and Nationality Act
(8 U.S.C.1101(a)(20)); and
"(11) the term 'private entity of the United States'
"(A) an individual who is
"(1) a national of the United States; or
"(ii) a permanent resident alien of the
United States;
"(B) an employee or contractor of the United
States Government, regardless of nationality, who is
the victim or intended victim of an act of terrorism
by virtue of that employment;
"(C) a sole proprietorship, partnership, company
or association composed in whole or in part of nation-
als or permanent resident aliens of the United States;
"(D) a corporation organized under the laws of
the United States, any State, the District of Columbia,
or any territory or possession of the United States and
any foreign subsidiary of such corporation.".
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SEQ. 3.,--The chapter analysis of part I of title 18 1s
amended by adding the following new item after the item relating
to chapter 113:
"113A. Terrorism ........................................2331".
SEC. 4. Section 3238 of title 18, United States Code, is
amended by --
(1) striking out "The" and inserting in lieu thereof
"(a) Except as provided in subsection (b), the"; and
(2) adding at the end the following new subsection:
"(b) The trial of any offense under section 2331 of
this title which is committed out of the jurisdiction of any
particular State or district may be in any district.
Nothing contained in this subsection may be construed to
restrict any right of a defendant under any rule in effect---
under section 3771 of this title.".
SEC. 5. Section 11 of title 18 is amended by striking out
the phrase "as used in this title except in sections 112, 878,
970, 1116, and 1201," and inserting in lieu thereof: "as used in
this title except in sections 112, 878, 970, 1116, 1201, and
2331,".
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?Section-tSection Analysis
The Prohibition Against Training or Support of
Terrorist Organizations Act of 1984
The bill adds a new chapter 113A to title 18 to insert a new
section 2331 entitled "Military and intelligence assistance to
certain foreign governments, factions, and international terror-
ist groups." This section is designed to prevent the harming of
our foreign relations by United States nationals or businesses,
or by other persons within the United States, who seek to provide
training and technology to certain governments that support
terrorism or to international terrorist groups. The Secretary of
State is given the authority to name the forbidden recipients of
such training and technology if he determines that their acts or
support for international terrorism are such a threat to our
national?security, foreign relations, or the physical security of
the persons or property of private United States entities that
they should not benefit from American expertise used for such
reprehensible ends. It is expected that few governments or
groups will be named and the section is not intended to interfere
with the legitimate international trade in which many United
States suppliers of services and technology engage. Rather, it
is intended to complement the provisions of the Arms Export
Control Act (AECA), 22 U.S.C. 2778, which authorize the Executive
Branch to control the importation and exportation of "defense
articles and defense services" and to provide foreign policy
guidance to United States persons involved in such importing and
exporting.
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2
Pursuant=to the AECi, and comparable authority previously
granted to the President under section 414'of the Mutual Security
Act of 1974, the Secretary of State promulgated the International
Traffic in Arms Regulations (ITAR), 22 CFR subchapter lM. While
the regulations specify a number of articles and technical data
in relation thereto which are subject to control, the provisions
in the ITAR do not generally encompass the "mercenary" type of
activities, such as serving in the armed forces or intelligence
agencies or providing training, logistical, and support services
to such groups, which would be covered by the new section.
Subsection (a) of the new section 2331 makes it unlawful for
any United States national, permanent resident alien, or business
entity to perform any of several enumerated acts in aid of a
foreign government, foreign faction, or international terrorist ~=9
group named in a Secretary of State determination that is
published in the Federal Register. The prohibited acts are to
serve in or to act in concert with the armed forces or an
intelligence agency of one of the named governments, factions, or
groups; to provide training for their armed forces or intelli-
gence agencies; to provide logistical, mechanical, maintenance or
similar services for their armed forces or intelligence agencies;
or to recruit or solicit any person to do any of the above. It
also covers the provision of such services to the agents of such
armed forces or intelligence agencies. The subsection also
provides for extraterritorial jurisdiction over a violation
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inasmt1cli-as harm to our foreign relations or world peace 'can
occur when Americans provide such aid overseas as well as
domestically.
Subsection (b) is designed to cover persons who arelnot
United States nationals or permanent resident aliens but who_ use
the United States as a base to supply the technology of terrorism
to certain other countries, foreign factions or international
terrorist groups. It makes it unlawful to provide training in
the United States to the armed forces or an intelligence agency
of a foreign government, foreign faction, or international
terrorist group named by the Secretary of State; to provide in
the United States logistical, mechanical, maintenance or similar
support services to their armed forces or intelligence agencies;
or in the United States to recruit or solicit any person to.,do
any of the above acts. It also covers the agents of such groups.
Subsection (c) sets out the penalty for a violation of the
new section. It would extend to a fine of $100,000 or an amount
five times the total compensation. received, whichever is greater,
or imprisonment for up to ten years, or both, for each offense.
Subsection (d) is the triggering mechanism to implement the
prohibitions of subsections (a) and (b). It provides that the
Secretary of State, when he concludes that it is warranted in the
interests of national security, foreign relations, or the
physical security of the person or property of United 'States
private entities, may issue a determination naming a foreign
government, foreign faction, or terrorist group as one for which
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there isa ban on:the provision Of services described in subsec-
tions (a) and (b). Any determination is to be published in the
Federal Register and becomes effective immediately. Actual
knowledge of the determination, or its renewal if any, is not,
however, an element of the offense and need not be proven. This
subsection also provides for revocation of the determination by
similar publication in the Federal Register. The section
specifically vests the authority in the Secretary of State as he
is the official primarily responsible for the execution of the
President's authority to conduct foreign relations. The subsec-
tion provides for an automatic lapsing of the restriction after a
period of one year unless the Secretary of State renews it.
Revocation or lapsing of the restriction does not preclude
criminal prosecution for any prohibited conduct engaged in while - =
the determination was in effect.
As indicated, it is expected that few governments, factions
or terrorist groups will be named pursuant to this section, which
is limited to addressing the problems of United States nationals
or business entities providing the technology of terrorism for
use abroad and of the United States being used by foreigners for
such a purpose. The fact that a foreign government, faction, or
terrorist group is not listed in a determination under this
section is of no significance in other contexts. For example,
the fact that a government, faction, or group is not named in, or
is removed from, a Secretary of State determination under the new
section 2331 of title 18 would have no bearing on whether an
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5
Executive Branchlofficial could certify under thhe provisions of
the Foreign Intelligence Surveillance Act,'50 U.S.C. 1801 et
se q., that it was a proper target for surveillance under the
terms of the Act, nor would the omission or removal of such a
group from a determination in any way affect any order of the
Foreign Intelligence Surveillance Court authorizing surveillance
of it.
Subsection (e) provides that any finding of fact made in a
Secretary of State determination or renewal under subsection (d)
shall be conclusive and no question concerning the validity of
the determination or renewal may be raised by a defendant at a
trial or hearing.
Subsection (f) provides for an affirmative defense for any
act committed by a person outside of the United States within
thirty days of a determination affecting his activities if the
act is performed pursuant to an agreement or other contractual
relationship entered into prior to the effective date of the
determination. This underscores the fact that the section is not
designed to interfere with legitimate overseas business interests
and that there are persons who make their livings by exporting
military and intelligence training and expertise. Moreover, the
failure of these persons to perform services already agreed upon
could, in certain overseas situations, expose them to physical
danger. Therefore, once the Secretary of State makes his
determination that such activities with respect to a particular
country or group adversely affect our national security or
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Subsection (g) provides for the criminal forfeiture of
property constituting or derived from the proceeds obtained as a
result of a violation of the section and of property used or
intended to be used in the commission of a violation. The
procedures used in the forfeiture action are to be governed by
the provisions of 18 U.S.C. 1963, the RICO forfeiture provisions.
foreign- relations, or the physical security of the person or
property of United States private entities; a provider of such
services would have thirty days to terminate this overseas
activity and must cease affected operations in the United States
Subsection (h) provides that the section shall not be
construed to prohibit the providing of medical supplies or
medical training for humanitarian purposes.
Subsection (i) provides that properly authorized and
conducted activities of the federal government are excluded from
the section's coverage.
Subsection (j) provides definitions for such items as
"foreign government," "faction," "international terrorist group,"
"international terrorism," "national of the United States," and
"permanent resident alien of the United States." Where possible,
existing statutory definitions for these terms are employed. For
example, "foreign government" is defined by reference to
18 U.S.C. 1116(b)(2) which defines the term as the "government of
a foreign country, irrespective of recognition by the United
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States." Because the focus of the new section is on interna-
tional terrorism, an "international terrorist group" is defined
as one which engages in "international terrorism," which term in
turn is defined by reference to the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801 (c)).1/ That section casts the
definition in terms of violent acts or acts dangerous to human
life that would be a criminal violation if committed within the
jurisdiction of the United States or of any state and are
intended to intimidate or coerce a civilian population or
influence or affect the policies of a government by intimidation,
coercion, kidnaping or murder.
1/ 50 U.S.C. 1801 (c) provides:
"(c) 'International terrorism' means activities that --
(1) involve violent acts or acts dangerous to human
life that are a violation of the criminal laws of the United
States or of any State, or that would be a criminal viola-
tion if committed within the jurisdiction of the United
States or any State;
(2) appear to be intended --
(A) to intimidate or coerce a civilian population;
(B) to influence the policy of a government by
intimidation or coercion; or
(C) to affect the conduct of a government by
assassination or kidnapping; and
(3) occur totally outside the United States, or
transcend national boundaries in terms of the means by which
they are accomplished, the persons they appear intended to
coerce or intimidate, or the locale in which their perpetra-
tors operate or seek asylum."
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The tei4m United States business entity" defines those
American business groups which cannot furnish services or
training proscribed by section 2331 to a foreign government,
foreign faction, or international terrorist group listed in a
Secretary of State determination or renewal issued pursuant to
subsection (d). It includes any foreign sole proprietorship,
partnership, company, association or corporation whose principal
place of business is within the United States. While any foreign
business whose principal place of business is outside the United
States would not be covered, any American national or permanent
resident alien who works for such a foreign corporation would,
however, still be personally precluded from furnishing such
services on behalf of his employer to any named country, faction,
or group.
Additionally, under the prohibition of section 2 of title
18, U.S.C., any American national or permanent resident alien who
aids, abets, counsels, commands, induces or procures the
commission of a violation of section 2331 or who willfully causes
an act to be done which, if directly performed by him or another
would violate section 2331, would be punishable as a principal.
Hence, any such person who knowingly participates in the
negotiation process to provide the prohibited services or who
manages, supervises, or otherwise assists in the provision of
such services, even while in a country other than where the named
government, faction, or group is located, would also violate
section 2331. Likewise, if an American national or permanent
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resident aliei hired a third person to perform the prohibited
V
services for a named group, he would be in'violation of 18 U.S.C.
2, even if the person hired -- such as an alien -- was not
himself prohibited from performing the services.
"Private entity of the United States" is defined so as to
include as the possible victims of terrorist attacks any'national
or permanent resident alien of the United. States, any employee or
contractor of the United States Government (regardless of
nationality) if the act of terrorism is brought about by virtue
of such relationship to the United States, any unincorporated
association of United States nationals or permanent resident
aliens, and any corporation incorporated within the United States
and its foreign subsidiaries. Thus the term "private entity" is
intended to protect the commercial, religious, educational, and -
recreational activities and interests engaged in by the American
people outside the United States. Where the "victim" of the
terrorist activity overseas is the U.S. Government, its property,
or its officials, such coverage is primarily encompassed within
the terms "national security" or "foreign relations" of the
United States. The three criteria, however, are not totally
separate and overlap in many respects. Together, however, they
are intended to describe the totality of the overseas interests
of both the nation and its people. Foreign subsidiaries of U.S.
corporations are specifically covered because they are often the
targets of terrorist attacks.
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l
it, - 1+0 - .
-Section 4 of1the bill provides that a trial with respect to
any offense under the new section committed outside of the United
States may be held in any district. It permits the defendant
to file a motion under the Rules of Criminal Procedure for a
change of venue.
Section 5 of the bill makes the definition of "foreign
government" in section 11 of title 18, United States Code,
nonapplicable to the new section.
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A bill to permit the payment of rewards for information
concerning terrorist acts.
Be it enacted by the Senate and the House of
Representatives of the United States of America in Congress
assembled, -
SHORT TITLE
SEC. 1. This Act may be cited as the "Act for Rewards for
Information Concerning Terrorist Acts'.
SEC. 2. (a) Title 18 of the United States Code is amended
by adding the following new chapter after chapter 203:
'CHAPTER 204 - REWARDS FOR INFORMATION
CONCERNING TERRORIST ACTS
'Sec. 3071. Information for which rewards authorized;
maximum amount.
"Sec. 3072. Determination of entitlement; consultation;
Presidential approval; conclusiveness.
"Sec. 3073. Aliens; waiver of admission requirements.
"Sec. 3074. Hearings; rules and regulations.
'Sec. 3075. Protection of identity.
"Sec. 3076. Exception of governmental officials.
"Sec. 3077. Authorization for appropriations.
"Sec. 3078. Eligibility for witness security program.
"Sec. 3079. Definitions.
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'Sec. 3071. Information for which rewards authorized; maximum
amount
Any individual who furnishes information--
'(a) leading to the arrest or conviction, in any country,
of any individual or individuals for the commission of an act
of terrorism against a United States person or United States
property; or
'(b) leading to the arrest or conviction, in any country,
of any individual or individuals for conspiring or attempting
to commit an act of terrorism against a United States person or
property; or
'(c) leading to the prevention, frustration or favorable
resolution of an act of terrorism against a United States
person or property
--may be rewarded in an amount not to exceed $500,000.
'Sec. 3072. Determination of entitlement; consultation;
Presidential approval; conclusiveness
The Attorney General shall with respect to acts of
terrorism primarily within the territorial jurisdiction of the
United States, and the Secretary of State shall with respect to
acts of terrorism primarily outside the territorial
jurisdiction of the United States, determine whether an
individual furnishing information pursuant to section 3071 is
entitled to a reward and the amount to be paid. Before making
a reward under this chapter in a matter over which there is
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federal criminal jurisdiction, the Secretary of State shall
advise and consult with the Attorney General. A reward of
$100,000 or more may not be made without the approval of the
President or his designee. A determination made by the
Attorney General, the Secretary of State, or the President
under this chapter shall be final and conclusive and no court
shall have power or jurisdiction to review it.
'Sec. 3073. Aliens; waiver of admission requirements
'If the information which would justify a reward under this
chapter is furnished by an alien, the Attorney General, after
consulting with the Secretary of State, may determine that the
entry of such alien into the United States is in the public
interest and, in that event, such alien and the members of his
immediate family may receive immigrant visas and may be
admitted to the United States for permanent residence,
notwithstanding the requirements of the Immigration and
Nationality Act [8 U.S.C. sec. 1101 et seq.].
'Sec. 3074. Hearings; rules and regulations
'The Attorney General and the Secretary of State,
respectively, are authorized to hold such hearings and make,
promulgate, issue, rescind, and amend such rules and
regulations as may be necessary to carry out the purposes of
this chapter. The provisions of subchapter II, chapter 5 of
title 5 United States Code do not apply to this chapter.
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'Sec. 3075. Protection of identity
'Any reward granted under this chapter shall be certified
by the Attorney General or the Secretary of State,
respectively. If it is determined that the identity of the
recipient of a reward or of the members of the recipient's
immediate family must be protected, the Attorney General or the
Secretary of State, respectively, may take such measures in
connection with the payment of the reward as deemed necessary-
to effect such protection.
'Sec. 3076. Authorization for appropriations
'Such sums as necessary are authorized to be appropriated
for the purpose of this chapter.
'Sec. 3077. Exception of governmental officials
'No officer or employee of any governmental entity who,
while in the performance of his official duties, furnishes the
information described in section 3071 shall be eligible for any
monetary reward under this chapter.
'Sec. 3078. Eligibility for witness security program
'Any individual who furnishes information which would
justify a reward under this chapter and his immediate family
may, in the discretion of the Attorney General, participate in
the Attorney General's witness security program authorized
under Title V of the Organized Crime Control Act of 1970.
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'Sec. 3079. -Definitions
'As used in this chapter the term--
'(a) 'Act of terrorism' means an activity that--
'(1) involves a violent act or an act dangerous to
human life 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 of any State; and
'(2) appears to be intended--
'(A) to intimidate or coerce a civilian
population;
'(B) to influence the policy of a government by
intimidation or coercion; or
'(C) to affect the conduct of a government by
assassination or kidnaping.
'(b) 'United States person' means--
'(1) a national of the United States as defined in
section 101(a)(22) of the Immigration and Nationality Act [8
U.S.C. 1101(a)(22)1;
'(2) an alien lawfully admitted for permanent
residence in the United States as defined in section 101(a)(20)
of the Immigration and Nationality Act [8 U.S.C. 1101(a)(20)1;
'(3) any person within the United States;
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1
'(4) any employee or contractor of the United States
Government, regardless of nationality, who is the victim or
intended victim of an act of terrorism by virtue of that
employment;
'(5) a sole proprietorship, partnership, company, or
association composed principally of nationals or permanent
resident aliens of the United States; and
'(6) a corporation organized under the laws of the
United States, any State, the District of Columbia, or any
territory or possession of the United States and a foreign
subsidiary of such corporation.
'(c) 'United States property' means any real or personal
property which is within the United States or, if outside the
United States, the actual or beneficial ownership of which
rests in a United States person or any federal or State
governmental entity of the United States.
'(d) 'United States'--
'(1) when used in a geographical sense, includes
Puerto Rico and all territories and possessions of the United
States; and
'(2) when used in the context of section 3073 shall
have the meaning given to it in the immigration and Nationality
Act [8 U.S.C. 1101 et se g.].
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'(e) 'State' includes any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
other possession or territory of the United States.
'(f) 'government entity' includes the government of the
United States, any State or political subdivision thereof, any
foreign country, and any state, provincial, municipal or other
political subdivision of a foreign country.
'(g) 'Attorney General' means the Attorney General of the
United States or that official designated by the Attorney
General to perform his responsibilities under this chapter.
'(h) 'Secretary of State' means the Secretary of State or
that official designated by the Secretary of State to perform
his responsibilities under this chapter.'
(b) The chapter analysis of Part II of title 18, United
States Code, is amended by adding after the item relating to
chapter 203 the following new item:
'204. Rewards for information concerning terrorist
acts.... 3071'.
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Section-by-Section Analysis
Act for Rewards for Information Concerning Terrorism
This bill deals with rewards for persons who provide
information concerning acts of terrorism. It adds a new chapter
204 to title 18 entitled "Rewards for Information Concerning
Terrorist Acts." The new chapter consists of nine sections,
3071-3079. The chapter is closely related to and patterned after
a similar reward provision for persons who provide information
concerning the unauthorized acquisition or manufacture of atomic
weapons and special nuclear materials, 50 O.S.C. 47a-47f. It
provides for a determination by the Attorney General or the
Secretary of State that certain persons are entitled to rewards
for furnishing information about specific acts of terrorism.
Rewards would be paid out of funds appropriated either for the
Department of Justice or the Department of State depending4upon
which Department approved the reward.
Section 3071 provides that any person who furnished infor-
mation of one of three types may be given a reward of up to
$500,000. Whether a reward is paid is totally discretionary with
the Attorney General or the Secretary of State although in
certain cases involving large rewards the President or his
designee must make the final determination. The three types of
information that may warrant the payment of a reward are, first,
.that which leads to the arrest or conviction in any country of
any person for the actual commission of an act of terrorism
against a United States person or United States property; second,
information leading to the arrest or conviction in any country of
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any person for a conspiracy or an attempt to commit an act of
terrorism against a United States person or United States
property; and third, information leading to the prevention,
frustration, or favorable resolution of an act of terrorism
against a United States person or property.
Section 3072 provides that the Attorney General shall make
the determination as to whether a particular person is entitled
to a reward when the act of terrorism is primarily within the
territorial jurisdiction of the United States. The Secretary of
State shall make the determination when the act of terrorism is
primarily outside the territorial jurisdiction of the United
States, but if such activity is subject to federal criminal
prosecution the Secretary is required to advise and consult with
the Attorney General.- Rewards of $100,000 or more may only be
made after the Attorney General or the Secretary of State,
respectively, receives the approval of the President, a feature
also found in the Atomic Weapons and Special Nuclear Materials
Act. The President is authorized to delegate his authority.
Section 3073 is included because an alien who provides
information concerning terrorism may be in severe danger of
retaliation in his own country. Hence, this section provides
that if the information for which a reward is authorized is
furnished by an alien, the Attorney General, after consulting
with the Secretary of State, may admit the alien and members of
his immediate family into the United States as permanent resident
aliens notwithstanding the requirements of the Immigration and
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- 3 -
Nationality Act. It is anticipated that not many individuals
will be admitted under this provision and.that the Attorney
General will use extreme caution in exercising this authority.
Section 3074 authorizes the Attorney General and the
Secretary of State, respectively, to hold hearings and make
necessary rules for carrying out the provisions of the chapter.
However, neither is required to establish set rules or to follow
such rules in all cases but may decide appropriate cases on an ad
hoc basis. The provisions of the Administrative Procedure Act,
the Privacy Act, and the Freedom of Information Act are
specifically made inapplicable to this chapter.
Section 3075 provides that if necessary to protect the
recipient and his family, any necessary protective action may be
taken in connection with the paperwork necessary to accomplish
the payment of the reward. For example, information concerning
his identity may be sealed and withheld from public and
unnecessary internal disclosures.
Section 3076 authorizes the appropriation of funds necessary
for purposes of the chapter.
Section 3077 provides that government employees who furnish
information concerning terrorism in the performance of their
official duties are not eligible for a monetary reward under this
chapter. They would, however, be eligible for the provisions
allowing admission into the United States (Section 3073) and
participation in the Witness Security Program (Section 3078).
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.:Section 3078 provide~ that an individual who furnishes
r
information which would justify a reward under this chapter may
be given the benefit of the Witness Security Program in the
discretion of the Attorney General.
Section 3079 contains definitions that apply to the new
chapter. The definition of "terrorism" is taken from the Foreign
Intelligence Surveillance Act, 50 U.S.C. 1801(c)(1) and (2). As
in that act, the definition of "terrorism" is cast in terms of
violent or dangerous acts that would be crimes if committed in
the United States and that are committed to intimidate or coerce
a civilian population or to influence the policy or conduct of a
government or political subdivision of a government by
intimidation or coercion.
The term "United States person"--is-defined to include
citizens, persons owing permanent allegiance to the United
States, any person in the United States, permanent resident
aliens, United States government employees or contractors who are
victims or intended victims of terrorism because of their
employment, various business entities consisting in whole or in
part of United States nationals and permanent resident aliens,
and United States corporations and their foreign subsidiaries.
The term "United States property" is defined to include all
real or personal property within the United States regardless of
ownership, and any real or personal property outside of the
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United States, the actual or beneficial ownership of which rests
in a federal or State governmental entity. of the United States or
in a United States person.
The Attorney General and the Secretary of State are defined
to include their respective designees.
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