TERRORIST SANCTUARIES.

SEC. 7102. TERRORIST SANCTUARIES.(a) Findings.—Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:(1) Complex terrorist operations require locations that provide such operations sanctuary from interference by Government or law enforcement personnel.(2) A terrorist sanctuary existed in Afghanistan before September 11, 2001.(3) The terrorist sanctuary in Afghanistan provided direct and indirect value to members of al Qaeda who participated in the terrorist attacks on the United States on September 11, 2001, and in other terrorist operations.(4) Terrorist organizations have fled to some of the least governed and most lawless places in the world to find sanctuary.(5) During the 21st century, terrorists are often focusing on remote regions and failing states as locations to seek sanctuary.(b) Sense of Congress on United States Policy on Terrorist Sanctuaries.—It is the sense of Congress that it should be the policy of the United States—(1) to identify foreign countries that are being used as terrorist sanctuaries;(2) to assess current United States resources and tools being used to assist foreign governments to eliminate such sanctuaries;(3) to develop and implement a coordinated strategy to prevent terrorists from using such foreign countries as sanctuaries; and(4) to work in bilateral and multilateral fora to elicit the cooperation needed to identify and address terrorist sanctuaries that may exist today, but, so far, remain unknown to governments.(c) Amendments to Existing Law To Include Terrorist Sanctuaries.—(1) In general.—Section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) is amended—(A) by redesignating paragraph (5) as paragraph (6); and(B) by inserting after paragraph (4) the following:“(5)(A) As used in paragraph (1), the term ‘repeatedly provided support for acts of international terrorism’ shall include 118 STAT. 3777 the recurring use of any part of the territory of the country as a sanctuary for terrorists or terrorist organizations.“(B) In this paragraph—“(i) the term ‘territory of a country’ means the land, waters, and airspace of the country; and“(ii) the term ‘sanctuary’ means an area in the territory of a country—“(I) that is used by a terrorist or terrorist organization—“(aa) to carry out terrorist activities, including training, financing, and recruitment; or“(bb) as a transit point; and“(II) the government of which expressly consents to, or with knowledge, allows, tolerates, or disregards such use of its territory.”.(2) Rule of construction.—Nothing in this subsection or the amendments made by this subsection shall be construed as affecting any determination made by the Secretary of State pursuant to section 6(j) of the Export Administration Act of 1979 with respect to a country prior to the date of enactment of this Act.(3) Implementation.—The President shall implement the amendments made by paragraph (1) by exercising the authorities of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).(d) Amendments to Global Patterns of Terrorism Report.—(1) In general.—Section 140(a)(1) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(a)(1)) is amended—(A) by striking “(1)” and inserting “(1)(A)”;(B) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively;(C) in subparagraph (A)(iii) (as redesignated), by adding “and” at the end; and(D) by adding at the end the following:“(B) detailed assessments with respect to each foreign country whose territory is being used as a sanctuary for terrorists or terrorist organizations;”.(2) Contents.—Section 140(b) of such Act (22 U.S.C. 2656f(b)) is amended—(A) in paragraph (1)—(i) in the matter preceding subparagraph (A), by striking “subsection (a)(1)” and inserting “subsection (a)(1)(A)”; and(ii) by striking “and” at the end;(B) by redesignating paragraph (2) as paragraph (3);(C) by inserting after paragraph (1) the following:“(2) with respect to subsection (a)(1)(B)—“(A) the extent of knowledge by the government of the country with respect to terrorist activities in the territory of the country; and“(B) the actions by the country—“(i) to eliminate each terrorist sanctuary in the territory of the country;“(ii) to cooperate with United States antiterrorism efforts; and118 STAT. 3778“(iii) to prevent the proliferation of and trafficking in weapons of mass destruction in and through the territory of the country;”;(D) in paragraph (3), as redesignated, by striking the period at the end and inserting a semicolon; and(E) by inserting after paragraph (3) the following:“(4) a strategy for addressing, and where possible eliminating, terrorist sanctuaries that shall include—“(A) a description of terrorist sanctuaries, together with an assessment of the priorities of addressing and eliminating such sanctuaries;“(B) an outline of strategies for disrupting or eliminating the security provided to terrorists by such sanctuaries;“(C) a description of efforts by the United States to work with other countries in bilateral and multilateral fora to address or eliminate terrorist sanctuaries and disrupt or eliminate the security provided to terrorists by such sanctuaries; and“(D) a description of long-term goals and actions designed to reduce the conditions that allow the formation of terrorist sanctuaries; and“(5) an update of the information contained in the report required to be transmitted to Congress under 7120(b) of the 9/11 Commission Implementation Act of 2004.”.(3) Definitions.—Section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)) is amended—(A) in paragraph (2), by striking “and” at the end;(B) in paragraph (3), by striking the period at the end and inserting a semicolon; and(C) by adding at the end the following:“(4) the terms ‘territory’ and ‘territory of the country’ mean the land, waters, and airspace of the country; and“(5) the terms ‘terrorist sanctuary’ and ‘sanctuary’ mean an area in the territory of the country—“(A) that is used by a terrorist or terrorist organization—“(i) to carry out terrorist activities, including training, fundraising, financing, and recruitment; or“(ii) as a transit point; and“(B) the government of which expressly consents to, or with knowledge, allows, tolerates, or disregards such use of its territory and is not subject to a determination under—“(i) section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A));“(ii) section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)); or“(iii) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)).”.(4) Effective date.—The amendments made by this subsection apply with respect to the report required to be transmitted under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), by April 30, 2006, and by April 30 of each subsequent year.118 STAT. 3779