[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2066 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2066

  To prohibit United States assistance and commercial arms exports to 
       countries and entities supporting international terrorism.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2002

   Mr. Bayh introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To prohibit United States assistance and commercial arms exports to 
       countries and entities supporting international terrorism.

    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 ``International Cooperative 
Antiterrorism Act of 2002''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The use of terrorism is detestable and an illegitimate 
        means of political expression.
            (2) International terrorist organizations pose a direct 
        threat to the United States, and this threat is becoming more 
        acute and more difficult to prevent.
            (3) The threat from international terrorism is made far 
        more dangerous by the proliferation of chemical, biological, 
        and radiological weapons and the means to produce those 
        weapons.
            (4) The prosecution of the war against international 
        terrorist organizations must continue until those organizations 
        and the threat they pose to the people and interests of the 
        United States are eliminated.
            (5) The United States can only win the war on terrorism if 
        it receives cooperation from other countries and entities.
            (6) Protecting the United States homeland and United States 
        interests overseas from terrorism is of the highest priority in 
        the foreign relations of the United States.
            (7) Cooperation in the global war against international 
        terrorism must be a primary focus of United States foreign 
        relations, United States assistance, and international security 
        relations.
            (8) Winning the war on terrorism requires cooperation from 
        the international community, especially in the areas of 
        preventing the financing of terror, sharing information on 
        international terror networks, eliminating terror cells, and in 
        preventing the promotion of anti-Americanism and the 
        glorification of terrorism in state-owned media and state-
        controlled schools.
            (9) The promotion of terrorism, intolerance, and virulent 
        anti-Americanism in state-owned media and state-controlled 
        education systems is abhorrent and poses a long-term threat to 
        the safety and security of the United States as well as the 
        community of nations.
            (10) All countries and entities must be encouraged to 
        cooperate in the global war on international terrorism.
            (11) Many foreign governments and entities are doing little 
        to counter proterrorist and prointolerance messages to mass 
        audiences, including to school age children.
            (12) Countries providing direct or indirect assistance to 
        international terrorist organizations undermine the direct 
        security interests of the United States.
            (13) Countries demonstrating indifference to or providing 
        actual endorsement of international terror as a legitimate 
        political tool make a direct threat to the security interests 
        of the United States.
            (14) The National Commission on Terrorism established by 
        section 591 of the Foreign Operations Export Financing, and 
        Related Programs Appropriations Act, 1999, as enacted by Public 
        Law 105-277 (112 Stat. 2681-210), concluded that the United 
        States should strengthen its efforts to discourage the broad 
        range of assistance that countries provide to international 
        terrorists.
            (15) The National Commission on Terrorism further 
        recommends that the President make more effective use of 
        authority to designate foreign governments as ``not fully 
        cooperative'' with the United States counterterrorism efforts.
            (16) United States assistance programs and the transfer of 
        United States Munitions List items are a critical tool of 
        United States foreign policy and winning the global war on 
        terrorism.
            (17) Countries receiving United States assistance and the 
        export of items on the United States Munitions List must be 
        obligated to support the global war on international terror.
            (18) Several existing laws, including the USA Patriot Act 
        of 2001, the Antiterrorism and Effective Death Penalty Act of 
        1996, the Foreign Assistance Act of 1961, the Arms Export 
        Control Act, and the Export Administration Act of 1979 (or 
        successor statute), prohibit the provision of United States 
        assistance, and the licensing for export of items on the United 
        States Munitions List, to countries supporting terror or not 
        fully cooperating in antiterror efforts of the United States. 
        These laws should be expanded to include the definition of 
        ``fully cooperative in the global war against international 
        terrorism'' set forth in this Act, including preventing 
        promotion of terror in state-owned and controlled media and 
        educational systems.

SEC. 3. STATEMENT OF POLICY.

    It shall be the policy of the United States that--
            (1) no United States assistance may be provided to any 
        foreign country or entity that is not making a maximum effort 
        to be fully cooperative in the global war against international 
        terrorism; and
            (2) no license for export of an item on the United States 
        Munitions List to a country or entity may be issued if that 
        country or entity is not making a maximum effort to be fully 
        cooperative in the war against international terrorism.

SEC. 4. PROHIBITION ON UNITED STATES ASSISTANCE AND COMMERCIAL ARMS 
              EXPORTS.

    (a) United States Assistance.--No United States assistance, other 
than humanitarian assistance and cooperative nonproliferation and 
counterproliferation programs, may be provided to any country or entity 
if the President determines that such country or entity is not making a 
maximum effort to be fully cooperative in the global war against 
international terrorism.
    (b) Commercial Arms Exports.--No license for the export of an item 
on the United States Munitions List to any country or entity may be 
issued if the President determines that such country or entity is not 
making a maximum effort to be fully cooperative in the global war 
against international terrorism.

SEC. 5. REQUIREMENT FOR AN ANNUAL REPORT.

    (a) Requirement for Report.--The President, in consultation with 
the Secretary of State, the Secretary of the Treasury, the 
Administrator of the United States Agency for International 
Development, and the Director of Central Intelligence, shall prepare an 
annual report that--
            (1) lists each country or entity for which the President 
        has determined that there is credible evidence that such 
        country or entity is not being fully cooperative in the global 
        war against international terrorism under section 4; and
            (2) describes for each country or entity listed under 
        paragraph (1)--
                    (A) the specific failures of each country or entity 
                to be fully cooperative in the global war on 
                international terrorism;
                    (B) the reasons why such country or entity is not 
                fully cooperative;
                    (C) the efforts being made by the United States 
                Government to promote greater adherence by such 
                countries or entities with the global war on 
                international terrorism; and
                    (D) any removal of a country or entity from the 
                list in paragraph (1).
    (b) Dissemination.--The report required by this section shall--
            (1) be submitted to Congress every year by December 31; and
            (2) not be classified, except that the report may contain a 
        classified addendum, if necessary.

SEC. 6. PRESIDENTIAL WAIVER.

    United States assistance or exports prohibited by section 4 may be 
provided to a country or entity described in that section if the 
President--
            (1) determines that permitting such assistance or exports 
        is essential to the national security interests of the United 
        States; and
            (2) not later than 15 days before permitting such 
        assistance or exports, furnishes a report describing the United 
        States assistance or exports to be provided to the appropriate 
        committees of Congress.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Expression of support for terrorism against the united 
        states.--The term ``expression of support for terrorism against 
        the United States'' means actions or expressions that are 
        designed to provoke anti-American action, especially of a 
        violent nature, or to glorify the use of violence against 
        citizens or government officials of the United States.
            (2) Fully cooperative in the global war against 
        international terrorism.--The term ``fully cooperative in the 
        global war against international terrorism'' means a country or 
        entity that is--
                    (A) preventing the financing of terrorism, 
                including preventing--
                            (i) direct financial payments to any 
                        terrorist organization;
                            (ii) any terrorist organization or any 
                        entity supporting a terrorist organization from 
                        receiving financial services such as brokering, 
                        lending, or transferring currency or credit;
                            (iii) any person from soliciting funds or 
                        items of value for a terrorist group; and
                            (iv) any humanitarian or other 
                        nongovernmental organization from providing 
                        financial support to terrorist organizations;
                    (B) sharing intelligence information with the 
                United States, including--
                            (i) releasing information to the United 
                        States related to any terrorist organization;
                            (ii) cooperating in investigations 
                        conducted by the United States; and
                            (iii) providing, to the extent possible, 
                        individuals suspected of or supporting 
                        terrorist organizations to United States 
                        investigators; and
                    (C) acting against terrorist organizations, 
                including--
                            (i) preventing terrorist organizations from 
                        committing or inciting to commit terrorist acts 
                        against the United States or its interests 
                        overseas;
                            (ii) preventing terrorist organizations 
                        from operating safe houses or providing 
                        transportation, communication, false 
                        documentation, identification, weapons 
                        (including chemical, biological, or 
                        radiological weapons), explosives, or training 
                        to terrorists; and
                            (iii) in the cases of a country--
                                    (I) investigating suspected 
                                terrorists within its national 
                                territory;
                                    (II) enforcing international 
                                agreements and United Nations Security 
                                Council Resolutions against terrorism; 
                                and
                                    (III) curbing any domestic 
                                expression of support for terrorism 
                                against the United States and its 
                                allies in state-owned media, state-
                                sanctioned gatherings, state-governed 
                                religious institutions, and state-
                                sanctioned school and textbooks.
            (3) Humanitarian assistance.--The term ``humanitarian 
        assistance'' means any humanitarian goods and services, 
        including foodstuffs, medicines, and health assistance 
        programs.
            (4) Terrorist organization.--The term ``terrorist 
        organization'' means an organization designated as a foreign 
        terrorist organization by the Secretary of State under section 
        219 of the Immigration and Nationality Act (8 U.S.C. 1189).
            (5) United states assistance.--The term ``United States 
        assistance'' means--
                    (A) any assistance under the Foreign Assistance Act 
                of 1961 (including programs under title IV of chapter 
                2, relating to the Overseas Private Investment 
                Corporation);
                    (B) sales, or financing on any terms, under the 
                Arms Export Control Act;
                    (C) the provision of agricultural commodities, 
                other than food, under the Agricultural Trade 
                Development and Assistance Act of 1954; and
                    (D) financing under the Export-Import Bank Act of 
                1945.
            (6) United states munitions list.--The term ``United States 
        Munitions List'' means the defense articles and defense 
        services controlled by the President under section 38 of the 
        Arms Export Control Act (22 U.S.C. 2778).
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