[Congressional Record Volume 148, Number 51 (Tuesday, April 30, 2002)]
[Senate]
[Pages S3569-S3570]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BAYH (for himself and Mr. Brownback):
  S. 2425. A bill to prohibit United States assistance and commercial 
arms exports to countries and entities supporting international 
terrorism; to the Committee on Foreign Relations.
  Mr. BAYH. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2425

       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 the threat they 
     pose to the people and interests of the United States is 
     eliminated.
       (5) The United States can only win the war against 
     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 global war against international 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 
     virulent anti-Americanism with the intent to incite violence 
     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 against international terrorism.
       (11) Some 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) United States economic 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 against international terrorism.
       (15) Countries receiving United States assistance and the 
     export of items on the United States Munitions List should be 
     expected to support the global war against international 
     terror.
       (16) 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. It would be appropriate in the implementation of 
     these laws to apply 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 state-controlled media and educational systems.

     SEC. 3. STATEMENT OF POLICY.

       It shall be the policy of the United States that--
       (1) no United States economic assistance, other than 
     humanitarian 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 global war against international 
     terrorism.

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

       (a) United States Economic Assistance.--If the President 
     determines that a country or entity is not making a maximum 
     effort to be fully cooperative in the global war against 
     international terrorism--
       (1) no United States economic assistance may be provided to 
     such country or entity; and
       (2) the United States shall oppose and vote against any 
     lending from any international financial institution, 
     including the World Bank, the International Monetary Fund, 
     the Asian Development Bank, or other related institutions to 
     such country or entity.
       (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 unclassified annual report 
     that--
       (1) contains a list of 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 against 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 against international terrorism; and
       (D) any removal of a country or entity from the list in 
     paragraph (1).
       (b) Transmission to Congress.--
       (1) Report.--The report required by this section shall be 
     submitted to Congress every year as a section of the annual 
     country reports on terrorism required by section 140(a) of 
     the Foreign Relations Authorization Act, Fiscal Years 1988 
     and 1989 (22 U.S.C. 2656(f)).
       (2) Briefing.--The President shall make the appropriate 
     officials available to provide

[[Page S3570]]

     a classified briefing to the appropriate committees of 
     Congress if such committees request additional clarifying 
     details on why a country or entity is listed under subsection 
     (a)(1).

     SEC. 6. PRESIDENTIAL WAIVER.

       United States economic 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 important 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 economic 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 a pattern of actions or 
     expressions that are designed to provoke or incite anti-
     American violence, advocate international terrorism, 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 has the necessary legal framework and, to the 
     maximum extent possible, is enforcing efforts to--
       (A) prevent the knowing 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) share 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, access to 
     individuals suspected of or supporting terrorist 
     organizations to United States investigators; and
       (C) act 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, 
     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 economic assistance.--The term ``United 
     States economic 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;
       (D) financing under the Export-Import Bank Act of 1945; and
       (E) does not include humanitarian assistance or other 
     assistance that is intended to support cooperative 
     antiterrorism, peacekeeping, counter-narcotics, 
     nonproliferation and counter-proliferation programs, or 
     funding for nongovernmental organizations promoting education 
     and democratic institutions.
       (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).
                                 ______