[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2476 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2476

       To improve antiterrorism efforts, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2002

   Mr. Schumer (for himself, Mr. Smith of Oregon, and Mrs. Clinton) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
       To improve antiterrorism efforts, 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 ``International Cooperation Against 
Terrorism Act of 2002''.

SEC. 2. ELECTRONIC TRANSMISSION OF PASSENGER MANIFESTS.

    Section 44909(c) of title 49, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(6) Penalties.--In addition to any other penalties, any 
        air carrier or foreign air carrier that does not electronically 
        transmit data through the advanced passenger information system 
        established under section 431 of the Tariff Act of 1930 (19 
        U.S.C. 1431) (``APIS'') shall be subject to the following 
        penalties:
                    ``(A) Within 60 days after the date of enactment of 
                the International Cooperation Against Terrorism Act of 
                2002, a fine of $5,000 for every flight of that carrier 
                that does not submit complete and accurate data in the 
                electronic manifest for at least 85 percent of the 
                passengers and crew of such flight.
                    ``(B) Within 120 days after the date of enactment 
                of the International Cooperation Against Terrorism Act 
                of 2002, a fine of $7,000 for every flight of that 
                carrier that does not submit complete and accurate data 
                in the electronic manifest for 100 percent of the 
                passengers and crew of such flight.
                    ``(C) Within 210 days after the date of enactment 
                of the International Cooperation Against Terrorism Act 
                of 2002, the United States Customs Service shall revoke 
                the landing rights of an air carrier or foreign air 
                carrier that does not submit complete and accurate data 
                in the electronic manifest for 100 percent of the 
                passengers and crew of every flight of such carrier.''.

SEC. 3. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR AIR CARGO.

    Section 431(b) of the Tariff Act of 1930 (19 U.S.C. 1431(b)) is 
amended--
            (1) by striking ``Any manifest'' and inserting ``(1) In 
        general.--Any manifest''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Cargo manifest.--
                    ``(A) Requirement.--In addition to any other 
                requirement under this section, the pilot, operator, or 
                owner (or the authorized agent of such owner or 
                operator) of every aircraft required to make entry or 
                obtain clearance under the customs laws of the United 
                States shall electronically transmit the cargo manifest 
                information described in subparagraph (B) in advance of 
                such entry or clearance in such manner, time, and form 
                as the Secretary shall prescribe. The Secretary may 
                exclude any class of aircraft from the requirements of 
                this subparagraph if the Secretary determines that such 
                requirements are not necessary.
                    ``(B) Content.--The cargo manifest for each 
                aircraft shall consist of the following information:
                            ``(i) The port or place of arrival or 
                        departure.
                            ``(ii) The carrier code, prefix code, or 
                        both.
                            ``(iii) The flight, voyage, or trip number.
                            ``(iv) The date of scheduled arrival or 
                        date of scheduled departure.
                            ``(v) The request for permit to proceed to 
                        the destination, if applicable.
                            ``(vi) The numbers and quantities from the 
                        air carrier's master bill of lading.
                            ``(vii) The first port of lading of the 
                        cargo.
                            ``(viii) A description, including the 
                        weight, of any cargo that is not in a sealed 
                        container.
                            ``(ix) The shipper's declared description, 
                        including the weight, of any cargo that is in a 
                        sealed container.
                            ``(x) The shippers name and address from 
                        all bills of lading.
                            ``(xi) The consignee's name and address 
                        from all bills of lading.
                            ``(xii) Information regarding any 
                        discrepancies between the quantities listed on 
                        the bill of lading and the actual quantity on 
                        board.
                            ``(xiii) Transfer or transit information 
                        for the cargo while it has been under the 
                        control of the air carrier.
                            ``(xiv) Warehouse or other location of the 
                        cargo while it has been under the control of 
                        the air carrier.
                            ``(xv) Any additional information that the 
                        Secretary by regulation determines is 
                        reasonably necessary to ensure aviation 
                        transportation safety.
                    ``(C) Certain verification not required.--Nothing 
                in subparagraph (B)(xii), shall require an air carrier 
                to verify boarded quantities of cargo in sealed 
                containers.
                    ``(D) Notice.--The Commissioner of Customs shall 
                notify all air carriers of the requirements of this 
                paragraph.
                    ``(E) Enforcement.--In addition to any other 
                penalties, any air carrier that does not comply with 
                the requirements of this paragraph shall be subject to 
                the following penalties:
                            ``(i) Within 60 days after the date of 
                        enactment of the International Cooperation 
                        Against Terrorism Act of 2002, a fine of $5,000 
                        for every flight of that carrier that does not 
                        submit complete and accurate data for at least 
                        85 percent of the cargo of such flight.
                            ``(ii) Within 120 days after the date of 
                        enactment of the International Cooperation 
                        Against Terrorism Act of 2002, a fine of $7,000 
                        for every flight of that carrier that does not 
                        submit complete and accurate data for 100 
                        percent of the cargo of such flight.
                            ``(iii) Within 210 days after the date of 
                        enactment of the International Cooperation 
                        Against Terrorism Act of 2002, the United 
                        States Customs Service shall revoke the landing 
                        rights of the air carrier that does not submit 
                        complete and accurate data for 100 percent of 
                        the cargo of every flight of such carrier.
                    ``(F) Definition.--In this paragraph, the term `air 
                carrier' has the meaning given the terms `air carrier' 
                and `foreign air carrier' in section 40102 of title 49, 
                United States Code.''.

SEC. 4. OVERSIGHT OF CHARITABLE ORGANIZATIONS CONNECTED TO TERRORIST 
              ACTIVITIES.

    (a) Reporting Requirements.--The President, in consultation with 
the task force described in subsection (b)(1), is authorized to 
conclude agreements with foreign countries under which the governments 
of those countries agree to require each qualified charitable 
organization operating in any of those countries to report--
            (1) the overall sources of the organization's funds, 
        including amounts received from fundraising, amounts received 
        from sales, and amounts received from the holding of events;
            (2) the names of the organization's officers and directors;
            (3) an itemization of the organization's expenses; and
            (4) a description of all lobbying and political activities 
        of the organization.
    (b) Task Force.--
            (1) In general.--The task force referred to in subsection 
        (a) means an interagency task force consisting of 3 
        representatives from each of the Department of State, the 
        Department of the Treasury, and the Department of Justice for 
        the purpose of coordinating the activities of the United States 
        Government with respect to the activities of charitable 
        organizations abroad.
            (2) International cooperation.--The members of the task 
        force shall cooperate with appropriate counterpart 
        representatives of any foreign country with which the United 
        States seeks to conclude, or to implement, an agreement under 
        subsection (a).
    (c) Report.--The task force described in subsection (b) shall 
report to the Speaker of the House of Representatives and the President 
pro tempore of the Senate on its progress not later than 6 months after 
the date of enactment of this Act and every 6 months thereafter on its 
progress. Each such report shall include a list of countries that are 
cooperating with the task force and a description of the degree of 
cooperation or noncooperation of the foreign countries with which the 
President has sought to conclude an agreement under subsection (a).
    (d) Qualified Charitable Organization Defined.--In this section, 
the term ``qualified charitable organization'' means a charitable 
organization that has been identified by the task force as an 
organization that sponsors, funds, receives funds from, or supports 
terrorist organizations.

SEC. 5. EXPORT LICENSE REQUIRED.

    Section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 
App. 2405(j)) is amended--
            (1) by amending paragraph (1), to read as follows:
            ``(1) A validated license shall be required for the export 
        of goods or technology to a country if the Secretary of State 
        determines that--
                    ``(A) the government of such country--
                            ``(i) is not cooperating with the United 
                        States antiterrorism efforts, including failing 
                        to freeze the bank accounts of entities 
                        supporting terrorist activities, or failing to 
                        share intelligence information regarding 
                        terrorist organizations with the United States; 
                        or
                            ``(ii) has repeatedly provided support for 
                        acts of international terrorism; and
                    ``(B) with respect to a country described in 
                subparagraph (A), the export of such goods or 
                technology could make a significant contribution to--
                            ``(i) the military potential of such 
                        country, including its military logistics 
                        capability, or could enhance the ability of 
                        such country to support acts of international 
                        terrorism; or
                            ``(ii) the development of the country's 
                        ability to explore for, extract, refine, or 
                        transport petroleum or natural gas.'';
            (2) in paragraph (2), by striking ``Foreign Affairs'' and 
        inserting ``International Relations and the Committee on Ways 
        and Means'';
            (3) in paragraph (4), in the matter preceding subparagraph 
        (A), by inserting ``, chairman of the Committee on Ways and 
        Means, and the chairman of the Committee on International 
        Relations'' after ``the Speaker'';
            (4) in paragraph (4)(A)--
                    (A) by inserting ``at least 45 days'' after 
                ``(A)'';
                    (B) in clause (ii), by striking ``and'';
                    (C) in clause (iii), by striking ``or''; and
                    (D) by adding at the end the following:
                    ``(iv) that government is cooperating with United 
                States antiterrorism efforts; and
                    ``(v) that government has provided assurances that 
                it will cooperate with future efforts to fight 
                terrorism; or'';
            (5) in paragraph (4)(B)--
                    (A) in clause (i), by striking ``and'';
                    (B) in clause (ii), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(iii) the government concerned has taken action 
                to cooperate with antiterrorism efforts during the 
                preceding 6-month period; and
                    ``(iv) the government concerned has provided 
                assurances that it will support efforts to fight 
                terrorism in the future.''; and
            (6) in paragraph (5)--
                    (A) in subparagraph (E), by striking ``and'';
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(G) an analysis of the impact of the proposed 
                export or transfer on the development of the foreign 
                country's ability to explore for, extract, refine, or 
                transport petroleum or natural gas and the effects on 
                the surrounding countries' petroleum or natural gas 
                resources and the ability to explore for these 
                resources.''.

SEC. 6. CONDITIONAL SANCTIONS REGARDING INVESTMENT.

    (a) Foreign Investment Controls.--
            (1) In general.--Notwithstanding any other provision of 
        law, a validated license shall be required for the financial 
        investment by a United States person in a foreign country if 
        the President determines that the government of such country is 
        not cooperating with United States antiterrorism efforts, 
        including freezing the bank accounts of entities supporting 
        terrorist activities, and sharing intelligence information 
        regarding terrorist organizations with the United States.
            (2) United states person defined.--In this section, the 
        term ``United States person'' means--
                    (A) a United States citizen;
                    (B) a partnership, corporation, or other legal 
                entity organized under the laws of the United States; 
                or
                    (C) a partnership, corporation, or other legal 
                entity that is organized under the laws of a foreign 
                country and is controlled by entities described in 
                subparagraph (B) or United States citizens, or both.
    (b) Prohibition on Licenses.--A license described in subsection (a) 
shall not be issued if the President determines that the proposed 
financial investment would make a significant contribution to--
            (1) the military potential of the foreign country, 
        including its military logistics capability; or
            (2) the development of the foreign country's ability to 
        explore for, extract, refine, or transport petroleum or natural 
        gas.
    (c) Publication.--Each determination of the President under 
subsection (a), shall be published in the Federal Register.
    (d) Notification.--The President shall notify the Committee on 
International Relations and the Committee on Ways and Means of the 
House of Representatives and the Committee on Banking, Housing, and 
Urban Affairs and the Committee on Foreign Relations of the Senate at 
least 30 days before issuing any validated license required by 
subsection (a).
    (e) Content of Notification.--The President shall include in the 
notification required by subsection (d)--
            (1) a detailed description of the investment to be offered 
        for which a license to invest is sought;
            (2) the reasons why the foreign country or international 
        organization to which the investment is proposed to be made 
        needs the investment and a description of the manner in which 
        such country or organization intends to use such investment;
            (3) an analysis of the impact of the proposed investment on 
        the military capabilities of the foreign country or 
        international organization to which such investment would be 
        made;
            (4) an analysis of the manner in which the proposed 
        investment would affect the relative military strengths of 
        countries in the region to which the investment is being 
        delivered and whether other countries in the region have 
        comparable kinds and amounts of investments;
            (5) an analysis of the impact of the proposed investment on 
        the development of the foreign country's ability to explore 
        for, extract, refine, or transport by petroleum or natural gas 
        and the effects on the surrounding countries' petroleum or 
        natural gas resources and ability to explore for these 
        resources; and
            (6) an analysis of the impact of the proposed investment on 
        the United States relations with the countries in the region to 
        which the investment is being delivered.
    (f) Rescission.--A determination made by the President under 
subsection (a) may not be rescinded unless the President submits to the 
chairman of the Committee on International Relations and to the 
chairman of the Committee on Ways and Means of the House of 
Representatives, to the chairman of the Committee on Banking, Housing, 
and Urban Affairs and the chairman of the Committee on Foreign 
Relations of the Senate, at least 45 days before the proposed 
rescission would take effect, a report certifying that--
            (1) there has been a fundamental change in the policies of 
        the government of the country concerned;
            (2) the government is cooperating with United States 
        antiterrorism efforts;
            (3) the government has provided assurances that it will 
        cooperate with future efforts to fight terrorism; or
            (4) the reasons why the proposed investment is in the 
        national security interest of the United States.

SEC. 7. ANNUAL REPORT.

    The President shall, not later than 30 days after the date of 
enactment of this Act, and not later than December 31 of each year 
thereafter, submit a report to the Committee on International Relations 
and the Committee on Ways and Means of the House of Representatives, 
and to the Committee on Banking, Housing, and Urban Affairs and the 
Committee on Foreign Relations of the Senate, evaluating the 
implementation of the provisions of the International Cooperation 
Against Terrorism Act of 2002 and the amendments made by such Act.
                                 <all>