This division may be cited as the `Security Assistance Act of 2002'.
In this division:
(1) DEFENSE ARTICLE- The term `defense article' has the meaning given the term in section 47(3) of the Arms Export Control Act (22 U.S.C. 2794 note).
(2) DEFENSE SERVICE- The term `defense service' has the meaning given the term in section 47(4) of the Arms Export Control Act (22 U.S.C. 2794 note).
(3) EXCESS DEFENSE ARTICLE- The term `excess defense article' has the meaning given the term in section 644(g) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(g)).
(a) IN GENERAL- Of the amount authorized to be appropriated by section 111(a)(1)(A), $14,000,000 is authorized to be available for the Bureau of Verification and Compliance of the Department of State for Bureau-administered activities, including the Key Verification Assets Fund and to upgrade Bureau spaces for certification as a Sensitive Compartmented Information Facility (SCIF).
(b) ADDITIONAL PERSONNEL- In addition to the amount made available under subsection (a), $1,800,000 is authorized to be available for the fiscal year 2003 from the Department's American Salaries Account, for the purpose of hiring new personnel to carry out the Bureau's responsibilities, as set forth in section 112 of the Arms Export Control and Nonproliferation Act of 1999 (113 Stat. 1501A-486), as enacted into law by section 1000(a)(7) of Public Law 106-113, including the assignment of one full-time person to the Bureau to manage the document control, tracking, and printing requirements of the Bureau's operation in a SCIF.
Of the total amount made available to the Department for fiscal year 2003, $7,000,000 is authorized to be available within the Verification and Compliance Bureau's account to carry out section 1111 of the Arms Control and Nonproliferation Act of 1999 (113 Stat. 1501A-486), as enacted into law by section 1000(a)(7) of Public Law 106-113.
Section 403(a) of the Arms Control and Disarmament Act (22 U.S.C. 2593a(a)) is amended by striking `January 31' and inserting `April 15'.
There is authorized to be appropriated to the President for grant assistance under section 23 of the Arms Export Control Act (22 U.S.C. 2763) and for the subsidy cost, as defined in section 502(5) of the Federal Credit Reform Act of 1990, of direct loans under such section $4,107,200,000 for fiscal year 2003.
(a) AUTHORIZED PURPOSES- The first sentence of section 4 of the Arms Export Control Act (22 U.S.C. 2754) is amended by inserting `for preventing or hindering the proliferation of weapons of mass destruction and of the means of delivering such weapons,' after `self-defense,'.
(b) DEFINITION OF `WEAPONS OF MASS DESTRUCTION'- Section 47 of the Arms Export Control Act (22 U.S.C. 2794) is amended--
(1) by striking `and' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and inserting `; and'; and
(3) by adding at the end the following new paragraph:
`(10) `weapons of mass destruction' has the meaning provided by section 1403(1) of the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of Public Law 104-201; 110 Stat. 2717; 50 U.S.C. 2302(1)).'.
Section 43(c) of the Arms Export Control Act (22 U.S.C. 2792(c)), is amended by striking `$72,500' and inserting `$86,500'.
The second sentence of section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) is amended--
(1) by striking `groups or' and inserting `groups,'; and
(2) by inserting before the period the following: `, or willfully aid or abet the efforts of an individual or group to use, develop, produce, stockpile, or otherwise acquire chemical, biological, or radiological weapons'.
(a) CONGRESSIONAL NOTIFICATION OF EXPORT LICENSE APPROVALS- Section 36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)) is amended by inserting `(or, in the case of a defense article that is a firearm controlled under category I of the United States Munitions List, $1,000,000 or more)' after `$50,000,000 or more'.
(b) REPORT- Section 40A(c) of the Arms Export Control Act (22 U.S.C. 2785(c)) is amended by inserting before the period the following: `and the numbers, range, and findings of end-use monitoring of United States transfers of small arms and light weapons'.
(c) ANNUAL MILITARY ASSISTANCE REPORTS- Section 655(b)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2415(b)(3)) is amended by inserting before the period at the end the following: `, including, in the case of defense articles that are firearms controlled under category I of the United States Munitions List, a statement of the aggregate dollar value and quantity of semiautomatic assault weapons, or spare parts for such weapons, the manufacture, transfer, or possession of which is unlawful under section 922 of title 18, United States Code, that were licensed for export during the period covered by the report'.
(d) REPORT ON ARMS BROKERING- Not
later than
(1) the role of such brokers in
the
(2)
(3) violations of the Arms Export Control Act;
(4)
(5) any needed changes in law, regulation, policy, or resources; and
(6) any implications for the regulation of arms brokers in other countries.
Notwithstanding any other provision of law, for purposes of the transfer or possible transfer of defense articles or defense services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any other provision of law, Taiwan shall be treated as though it were designated a major non-NATO ally (as defined in section 644(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(q)).
There is authorized to be appropriated to the President $85,000,000 for fiscal year 2003 to carry out chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to international military education and training).
(a) ANNUAL REPORT- Chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) is amended by adding at the end the following new section:
`(a) IN GENERAL- Not later than March 1 of each year, the Secretary of State shall submit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate a report describing, to the extent practicable, any involvement of a foreign military or defense ministry civilian participant in education and training activities under this chapter in a violation of internationally recognized human rights reported under section 116(d) of this Act subsequent to such participation.
`(b) FORM- The report described in subsection (a) shall be in unclassified form, but may include a classified annex.'.
(b) RECORDS REGARDING FOREIGN PARTICIPANTS- Section 548 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347g) is amended--
(1) by striking `In' and inserting:
`(a) DEVELOPMENT AND MAINTENANCE OF DATABASE- In'; and
(2) by adding at the end the following new subsections:
`(b) ANNUAL LIST OF FOREIGN PERSONNEL- For the purposes of preparing the report required pursuant to section 549 of this Act, the Secretary of State may annually request the Secretary of Defense to provide information contained in the database, with respect to a list submitted to the Secretary of Defense by the Secretary of State, that contains the names of foreign personnel or military units. To the extent practicable, the Secretary of Defense shall provide, and the Secretary of State may take into account, the information contained in the database, if any, relating to the Secretary of State's submission.
`(c) UPDATING OF DATABASE- If the Secretary of State determines and reports to Congress under section 549 of this Act that a foreign person identified in the database maintained pursuant to this section was involved in a violation of internationally recognized human rights, the Secretary of Defense shall ensure that the database is updated to contain such fact and all relevant information.'.
Section 544 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347c) is amended by adding at the end the following new subsection:
`(c)(1) The President is authorized
to enter into cooperative arrangements providing for the participation of
foreign and United States military and civilian defense personnel in
post-undergraduate flying training and tactical leadership programs at training
locations in Southwest Asia without charge to participating foreign countries,
and without charge to funds available to carry out this chapter
(notwithstanding section 632(d) of this Act). Such training must satisfy common
requirements with the
`(2) Cooperative arrangements under
this subsection shall require an equitable contribution of support and services
from each participating country. The President may waive the requirement for an
equitable contribution of a participating foreign country if he determines that
to do so is important to the national security interests of the
`(3) Costs incurred by the
(a) AUTHORIZATION OF APPROPRIATIONS FOR ISRAEL- Section 513 of the Security Assistance Act of 2000 (Public Law 106-280) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking `2001 and 2002' and inserting `2002 and 2003'; and
(ii) by adding at the end the following new sentence: `Such funds are authorized to be made available on a grant basis as a cash transfer.';
(B) by adding at the end the following new paragraph:
`(3) ADDITIONAL ESF ASSISTANCE FOR FISCAL YEAR 2003- Only for fiscal year 2003, in addition to the amount computed under paragraph (2) for that fiscal year, an additional amount of $200,000,000 is authorized to be made available for ESF assistance for Israel, notwithstanding section 531(e) or 660(a) of the Foreign Assistance Act of 1961, for defensive, nonlethal, antiterrorism assistance, which amount shall be considered, for purposes of subsection (d), as an amount appropriated by an Act making supplemental appropriations.';
(2) in subsection (c)(1), by striking `2001 and 2002' and inserting `2002 and 2003';
(3) in subsection (c)(3), by striking `Funds authorized' and all that follows through `later' and inserting: `Funds authorized to be available for Israel under subsection (b)(1) and paragraph (1) of this subsection for fiscal years 2002 and 2003 shall be disbursed not later than 30 days after the date of enactment of an Act making appropriations for foreign operations, export financing, and related programs for fiscal year 2002, and not later than 30 days after the date of enactment of an Act making appropriations for foreign operations, export financing, and related programs for fiscal year 2003, or October 31 of the respective fiscal year, whichever is later.'; and
(4) in subsection (c)(4)--
(A) by striking `fiscal year 2001' and inserting `fiscal years 2002 and 2003'; and
(B) by striking `$520,000,000' and inserting `$535,000,000 for fiscal year 2002 and not less than $550,000,000 for fiscal year 2003'.
(b) AUTHORIZATION OF APPROPRIATIONS FOR EGYPT- Section 514 of the Security Assistance Act of 2000 (Public Law 106-280) is amended--
(1) by striking `2001 and 2002' each place it appears and inserting `2002 and 2003'; and
(2) in subsection (e), by striking `Funds estimated' and all that follows through `and' at the end of paragraph (2) and inserting the following: `Funds estimated to be outlayed for Egypt under subsection (c) during fiscal years 2002 and 2003 shall be disbursed to an interest-bearing account for Egypt in the Federal Reserve Bank of New York not later than 30 days after the date of enactment of an Act making appropriations for foreign operations, export financing, and related programs for fiscal year 2002, and not later than 30 days after the date of enactment of an Act making appropriations for foreign operations, export financing, and related programs for fiscal year 2003, or by October 31 of the respective fiscal year, whichever is later, provided that--
`(1) withdrawal of funds from such account shall be made only on authenticated instructions from the Defense Finance and Accounting Service of the Department of Defense;
`(2) in the event such account is closed, the balance of the account shall be transferred promptly to the appropriations account for the Foreign Military Financing Program.'.
(a) IN GENERAL- Of the amount made available for the fiscal year 2003 to carry out chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.)--
(1) $1,120,000 for fiscal year
2003 is authorized to be available for
(2) $2,800,000 for fiscal year
2003 is authorized to be available for
(b) USE FOR PROFESSIONAL MILITARY EDUCATION- Of the amounts available under paragraphs (1) and (2) of subsection (a) for fiscal year 2003, $500,000 of each such amount should be available for purposes of professional military education.
(c) USE FOR JOINT TRAINING- It is the sense of Congress that, to the maximum extent practicable, amounts available under subsection (a) that are used in accordance with subsection (b) should be used for joint training of Greek and Turkish officers.
(d) REPEAL- Effective
(a) FMF FOR CERTAIN OTHER COUNTRIES- Of the total amount made available for the fiscal year 2003 under section 23 of the Arms Export Control Act (22 U.S.C. 2763), the following amounts are authorized to be available on a grant basis for the following countries:
(1) THE
(2)
(3) THE
(4)
(5)
(6) JORDAN- For Jordan, $198,000,000.
(7) MALTA- For Malta, $1,150,000.
(8) THE
(9)
(10)
(11)
(12)
(b) IMET- Of the amount made available for the fiscal year 2003 to carry out chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.), the following amounts are authorized to be available for the following countries:
(1) THE
(2)
(3) THE
(4)
(5)
(6) JORDAN- For Jordan, $4,000,000.
(7) MALTA- For Malta, $350,000.
(8) THE
(9)
(10)
(11)
(12)
(c) REPEALS- Sections 511 (a) and (b) and 515 of the Security Assistance Act of 2000 are repealed.
(a) PROHIBITION- Notwithstanding any other provision of law, $10,000,000 of the amounts made available for fiscal year 2003 or any subsequent fiscal year that are allocated for assistance to Lebanon under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support fund) may not be obligated unless and until the President certifies to the appropriate congressional committees that--
(1) the armed forces of
(2) the Government of
(b) REQUIREMENT RELATING TO FUNDS WITHHELD- Notwithstanding any other provision of law, any funds withheld pursuant to subsection (a) may not be programmed in order to be used for a purpose other than for assistance to Lebanon until the last month of the fiscal year in which the authority to obligate such funds lapses.
(a) AUTHORITY- Notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during the fiscal year 2003 funds available to the Department of Defense may be expended for crating, packing, handling, and transportation of excess defense articles transferred under the authority of section 516 of such Act to Albania, Bulgaria, Croatia, Estonia, Former Yugoslavia Republic of Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
(b) SENSE OF CONGRESS- It is the sense of Congress that the authority provided under this section should be utilized only for those countries demonstrating a genuine commitment to democracy and human rights.
Section 25(a) of the Arms Export Control Act (22 U.S.C. 2765(a)) is amended--
(1) by striking `and' at the end of paragraph (12)(B);
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following:
`(13) a list of weapons systems that are significant military equipment (as defined in section 47(9) of this Act), and numbers thereof, that are believed likely to become available for transfer as excess defense articles during the next 12 months; and'.
Section 61(b) of the Arms Export Control Act (22 U.S.C. 2796(b)), is amended--
(1) by striking `(b) Each lease agreement' and inserting `(b)(1) Each lease agreement';
(2) by striking `of not to exceed five years' and inserting `which may not exceed (A) five years, and (B) a specified period of time required to complete major refurbishment work of the leased articles to be performed prior to the delivery of the leased articles,'; and
(3) by adding at the end the following:
`(2) In this subsection, the term `major refurbishment work' means work for which the period of performance is 6 months or more.'.
Section 516(c)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)) is amended by striking `and to
major non-NATO allies on such southern and southeastern flank' and inserting `,
to major non-NATO allies on such southern and southeastern flank, and to the
Of the funds authorized to be appropriated to the President for fiscal year 2003 to carry out chapters 1 and 10 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), relating to development assistance, up to $10,000,000 is authorized to be made available for the destruction of surplus stockpiles of small arms, light weapons, and other munitions.
Section 574(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa-4(a)) is amended by striking `and $73,000,000 for fiscal year 2002' and inserting `, $73,000,000 for fiscal year 2002, and $64,200,000 for fiscal year 2003'.
Section 514(b)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)) is amended to read as follows:
`(2)(A) The value of such additions to stockpiles of defense articles in foreign countries shall not exceed $100,000,000 for fiscal year 2003.
`(B) Of the amount specified in subparagraph (A) for fiscal year 2003, not more than $100,000,000 may be made available for stockpiles in the State of Israel.'.
(a) EXCEPTION FOR CERTAIN COUNTRIES- Section 656(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2416(a)) is amended--
(1) by striking `(a) ANNUAL REPORT- Not' and inserting the following:
`(a) ANNUAL REPORT-
`(1) IN GENERAL- Not'; and
(2) by adding at the end the following:
`(2) EXCEPTION FOR CERTAIN COUNTRIES- Paragraph (1) does not apply to any NATO member, Australia, Japan, or New Zealand, unless one of the appropriate congressional committees has specifically requested, in writing, inclusion of such country in the report. Such request shall be made not later than 90 calendar days prior to the date on which the report is required to be transmitted.'.
(b) ANNUAL MILITARY ASSISTANCE REPORTS- Section 655 of the Foreign Assistance Act of 1961 (22 U.S.C. 2415) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(c) QUARTERLY REPORTS ON GOVERNMENT-TO-GOVERNMENT ARMS EXPORTS- Section 36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8), (9), (10), (11), (12), and (13) as paragraphs (7), (8), (9), (10), (11), and (12), respectively.
Beginning 180 days after the date
of enactment of this Act, and every 180 days thereafter, the President shall
provide detailed briefings to and consult with the appropriate congressional
committees regarding the
(a) AUTHORIZATION- Section 585 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb-4) is amended--
(1) in subsection (a), by striking all after `chapter' and inserting `$162,000,000 for fiscal year 2003.'; and
(2) in subsection (c)--
(A) in the subsection heading by striking `Fiscal Year 2001'; and
(B) by striking `2001' and inserting `2002'.
(b) SUBALLOCATIONS- Of the amount authorized to be appropriated to the President for fiscal year 2003 by section 585 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb-4)--
(1) $2,000,000 is authorized to be available for such fiscal year for the purpose of carrying out section 584 of the Foreign Assistance Act of 1961, as added by section 1303 of this Act; and
(2) $65,000,000 for fiscal year
2003 are authorized to be available for science and technology centers in the
independent states of the former
(c) CONFORMING AMENDMENT- Section 302 of the Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 853) is repealed.
(d) FURTHER AUTHORIZATION- There is authorized to be appropriated under `Nonproliferation, Anti-terrorism, Demining, and Related Programs' $382,400,000 for fiscal year 2003.
(a) IN GENERAL- For the purpose of enhancing the nonproliferation and export control capabilities of friendly countries, of the amount authorized to be appropriated for fiscal year 2003 by section 585 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb et seq.), the Secretary is authorized to make available--
(1) $5,000,000 for the procurement and provision of nuclear, chemical, and biological detection systems, including spectroscopic and pulse echo technologies; and
(2) $10,000,000 for the procurement and provision of x-ray systems capable of imaging sea-cargo containers.
(b) REPORTS ON TRAINING PROGRAM-
(1) INITIAL REPORT- Not later than March 31, 2003, the Secretary shall submit a report to the appropriate congressional committees setting forth his plans and budget for a multiyear training program to train foreign personnel in the utilization of the systems described in subsection (a).
(2) SUBSEQUENT REPORTS- Not later than March 31, 2004, and annually thereafter for the next three years, the Secretary shall submit a report to the appropriate congressional committees describing the progress, current status, and budget of that training program and of the provision of those systems.
Chapter 9 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb et seq.) is amended--
(1) by redesignating sections 584 and 585 as sections 585 and 586, respectively; and
(2) by inserting after section 583 the following:
`(a) GENERAL AUTHORITY- The President is authorized to furnish, on such terms and conditions consistent with this chapter (but whenever feasible on a reimbursable basis), education and training to appropriate military and civilian personnel of foreign countries for the purpose of enhancing the nonproliferation and export control capabilities of such personnel through their attendance in special courses of instruction conducted by the United States.
`(b) ADMINISTRATION OF COURSES- The Secretary of State shall have overall responsibility for the development and conduct of international nonproliferation education and training programs under this section, and may utilize other departments and agencies of the United States, as appropriate, to recommend personnel for the education and training and to administer specific courses of instruction.
`(c) PURPOSES- Education and training activities conducted under this section shall be--
`(1) of a technical nature, emphasizing techniques for detecting, deterring, monitoring, interdicting, and countering proliferation;
`(2) designed to encourage effective and mutually beneficial relations and increased understanding between the United States and friendly countries; and
`(3) designed to improve the ability of friendly countries to utilize their resources with maximum effectiveness, thereby contributing to greater self-reliance by such countries.
`(d) PRIORITY TO CERTAIN COUNTRIES- In selecting personnel for education and training pursuant to this section, priority should be given to personnel from countries determined by the Secretary of State to be countries frequently transited by proliferation-related shipments of cargo.'.
(a) REINSTATEMENT OF CLASSIFICATION AUTHORITY- Section 4 of the Soviet Scientists Immigration Act of 1992 (Public Law 102-509; 106 Stat. 3316; 8 U.S.C. 1153 note) is amended by striking subsection (d) and inserting the following:
`(d) DURATION OF AUTHORITY- The authority under subsection (a) shall be in effect during the following periods:
`(1) The period beginning on the date of the enactment of this Act and ending 4 years after such date.
`(2) The period beginning on the date of the enactment of the Security Assistance Act of 2002 and ending 4 years after such date.'.
(b) LIMITATION ON NUMBER OF SCIENTISTS ELIGIBLE FOR VISAS UNDER AUTHORITY- Section 4(c) of such Act (8 U.S.C. 1153 note) is amended by striking `750' and inserting `950'.
(c) LIMITATION ON ELIGIBILITY- Section 4(a) of that Act (8 U.S.C. 1153 note) is amended by adding at the end the following new sentence: `A scientist is not eligible for designation under this subsection if the scientist has previously been granted the status of an alien lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).'.
(d) CONSULTATION REQUIREMENT- The Attorney General shall consult with the Secretary, the Secretary of Defense, the Secretary of Energy, and the heads of other appropriate agencies of the United States regarding--
(1) previous experience in implementing the Soviet Scientists Immigration Act of 1992; and
(2) any changes that those officials would recommend in the regulations prescribed under that Act.
(a) FINDINGS- Congress makes the following findings:
(1) The Department has concluded that the International Atomic Energy Agency (in this section referred to as the `IAEA') is a critical and effective instrument for verifying compliance with international nuclear nonproliferation agreements, and that it serves as an essential barrier to the spread of nuclear weapons.
(2) The IAEA furthers
(3) The IAEA can also perform a critical role in monitoring and verifying aspects of nuclear weapons reduction agreements between nuclear weapons states.
(4) The IAEA has adopted a multifaceted action plan, to be funded by voluntary contributions, to address the threats posed by radioactive sources that could be used in a radiological weapon and will be the leading international agency in this effort.
(5) As the IAEA has negotiated and developed more effective verification and safeguards measures, it has experienced significant real growth in its mission, especially in the vital area of nuclear safeguards inspections.
(6) Nearly two decades of zero budget growth have affected the ability of the IAEA to carry out its mission and to hire and retain the most qualified inspectors and managers, as evidenced in the decreasing proportion of such personnel who hold doctorate degrees.
(7) Increased voluntary
contributions by the
(8) Although voluntary
contributions by the
(9) The recent
(10) The Secretary should negotiate a gradual and sustained increase in the regular budget of the International Atomic Energy Agency, which should begin with the 2004 budget.
(b) AUTHORIZATION OF APPROPRIATIONS- Of the funds authorized to be appropriated for Nonproliferation, Anti-terrorism, Demining, and Related Programs there is authorized to be appropriated $60,000,000 for fiscal year 2003 for a United States voluntary contribution to the International Atomic Energy Agency, including for the purpose of implementing the Protection Against Nuclear Terrorism program adopted by the International Atomic Energy Agency Board of Governors in March 2002.
(a) REPORTS ON PROLIFERATION TO IRAN- Section 2 of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 114 Stat. 39; 50 U.S.C. 1701 note) is amended by adding at the end the following new subsection:
`(e) CONTENT OF REPORTS- Each report under subsection (a) shall contain, with respect to each foreign person identified in such report, a brief description of the type and quantity of the goods, services, or technology transferred by that person to Iran, the circumstances surrounding the transfer, the usefulness of the transfer to Iranian weapons programs, and the probable awareness or lack thereof of the transfer on the part of the government with primary jurisdiction over the person.'.
(b) DETERMINATION EXEMPTING FOREIGN
PERSONS FROM CERTAIN MEASURES UNDER THE ACT- Section 5(a)(2) of such Act is
amended by striking `systems' and inserting `systems, or weapons listed on the
Wassenaar Arrangement Munitions List of
(a) RESTRICTIONS- Section 822(a) of the North Korea Threat Reduction Act of 1999 (subtitle B of title VIII of division A of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106-113; appendix G; 113 Stat. 1501A-472) is amended by striking `nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement,' each of the two places it appears and inserting `specified nuclear item,'.
(b) SPECIFIED NUCLEAR ITEM DEFINED- Section 823 of the North Korea Threat Reduction Act of 1999 is amended by inserting at the end the following:
`(5) SPECIFIED NUCLEAR ITEM- The term `specified nuclear item' includes--
`(A) nuclear material, facilities, components, or other goods, services, or technology the transfer of which to North Korea would be required by the Atomic Energy Act of 1954 to be subject to an agreement for cooperation, as defined in section 11 b. of that Act (42 U.S.C. 2014 b.), between the United States and North Korea; and
`(B) components that are listed on Annex A or Annex B to the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 5/Part 1, or any subsequent revision thereof).'.
(a) REPORT- Not later than March 1, 2003, and annually thereafter, the President shall transmit to the designated congressional committees an annual report on the transfer by any country of weapons, technology, components, or materials that can be used to deliver, manufacture (including research and experimentation), or weaponize nuclear, biological, chemical or radiological weapons (in this section referred to as `NBC weapons') to any country other than a country referred to in subsection (d) that is seeking to possess or otherwise acquire such weapons, technology, or materials, or other system that the Secretary or the Secretary of Defense has reason to believe could be used to develop, acquire, or deliver NBC weapons.
(b) MATTERS TO BE INCLUDED- Each such report shall include--
(1) the transfer of all aircraft, cruise missiles, artillery weapons, unguided rockets and multiple rocket systems, and related bombs, shells, warheads and other weaponization technology and materials that the Secretary or the Secretary of Defense has reason to believe may be intended for the delivery of NBC weapons;
(2) international transfers of MTCR equipment or technology to any country that is seeking to acquire such equipment or any other system that the Secretary or the Secretary of Defense has reason to believe may be used to deliver NBC weapons; and
(3) the transfer of technology, test equipment, radioactive materials, feedstocks and cultures, and all other specialized materials that the Secretary or the Secretary of Defense has reason to believe could be used to manufacture NBC weapons.
(c) CONTENT OF REPORT- Each such report shall include the following with respect to preceding calendar year:
(1) The status of missile, aircraft, and other NBC weapons delivery and weaponization programs in any such country, including efforts by such country or by any subnational group to acquire MTCR-controlled equipment, NBC-capable aircraft, or any other weapon or major weapon component which may be utilized in the delivery of NBC weapons, whose primary use is the delivery of NBC weapons, or that the Secretary or the Secretary of Defense has reason to believe could be used to deliver NBC weapons.
(2) The status of NBC weapons development, acquisition, manufacture, stockpiling, and deployment programs in any such country, including efforts by such country or by any subnational group to acquire essential test equipment, manufacturing equipment and technology, weaponization equipment and technology, and radioactive material, feedstocks or components of feedstocks, and biological cultures and toxins.
(3) A description of assistance provided by any person or government, after the date of the enactment of this Act, to any such country or subnational group in the acquisition or development of--
(A) NBC weapons;
(B) missile systems, as defined in the MTCR or that the Secretary or the Secretary of Defense has reason to believe may be used to deliver NBC weapons; and
(C) aircraft and other delivery systems and weapons that the Secretary or the Secretary of Defense has reason to believe could be used to deliver NBC weapons.
(4) A listing of those persons and countries that continue to provide such equipment or technology described in paragraph (3) to any country or subnational group as of the date of submission of the report, including the extent to which foreign persons and countries were found to have knowingly and materially assisted such programs.
(5) A description of the use of, or substantial preparations to use, the equipment of technology described in paragraph (3) by any foreign country or subnational group.
(6) A description of the
diplomatic measures that the
(7) An analysis of the effectiveness of the regulatory and enforcement regimes of the United States and other countries that adhere to the MTCR and other arrangements affecting the acquisition and delivery of NBC weapons in controlling the export of MTCR and other NBC weapons and delivery system equipment or technology.
(8) A summary of advisory opinions issued under section 11B(b)(4) of the Export Administration Act of 1979 (50 U.S.C. App. 2401b(b)(4)) and under section 73(d) of the Arms Export Control Act (22 U.S.C. 2797b(d)).
(9) An explanation of
(10) A description of each transfer by any person or government during the preceding 12-month period which is subject to sanctions under the Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI of Public Law 102-484).
(d) EXCLUSIONS- The countries excluded under subsection (a) are Australia, Belgium, Canada, the Czech Republic, Denmark, France, Germany, Greece, Hungary, Iceland, Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Turkey, the United Kingdom, and the United States.
(e) CLASSIFICATION OF REPORT- The Secretary shall make every effort to submit all of the information required by this section in unclassified form. Whenever the Secretary submits any such information in classified form, the Secretary shall submit such classified information in an addendum and shall also submit concurrently a detailed summary, in unclassified form, of that classified information.
(f) DEFINITIONS- In this section:
(1) DESIGNATED CONGRESSIONAL COMMITTEES- The term `designated congressional committees' means--
(A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on International Relations of the House of Representatives; and
(B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate.
(2) MISSILE; MTCR; MTCR EQUIPMENT OR TECHNOLOGY- The terms `missile', `MTCR', and `MTCR equipment or technology' have the meanings given those terms in section 74 of the Arms Export Control Act (22 U.S.C. 2797c).
(3) PERSON- The term `person'
means any
(4) WEAPONIZE; WEAPONIZATION- The term `weaponize' or `weaponization' means to incorporate into, or the incorporation into, usable ordnance or other militarily useful means of delivery.
(g) REPEALS-
(1) IN GENERAL- The following provisions of law are repealed:
(A) Section 1097 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (22 U.S.C. 2751 note).
(B) Section 308 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5606).
(C) Section 1607(a) of the Iran-Iraq Arms Non-Proliferation Act of 1992 (Public Law 102-484).
(D) Paragraph (d) of section 585 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (as contained in section 101(c) of title I of division A of Public Law 104-208; 110 Stat. 3009-171).
(2) CONFORMING AMENDMENTS- Section 585 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, is amended--
(A) in paragraph (b), by adding `and' at the end; and
(B) in paragraph (c), by striking `; and' and inserting a period.
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall prepare and submit to the appropriate congressional committees a 3-year international arms control and nonproliferation strategy. The strategy shall contain the following:
(1) A 3-year plan for the reduction of existing nuclear, chemical, and biological weapons and ballistic missiles and for controlling the proliferation of these weapons.
(2) Identification of the goals
and objectives of the
(3) A description of the programs, projects, and activities of the Department of State intended to accomplish goals and objectives described in paragraph (2).
This subtitle may be cited as the `Russian Federation Debt for Nonproliferation Act of 2002'.
(a) FINDINGS- Congress finds the following:
(1) It is in the vital security
interests of the
(2) In particular, it is in the
vital national security interests of the
(A) all stocks of nuclear weapons
and weapons-usable nuclear material in the
(B) stocks of nuclear weapons and
weapons-usable nuclear material that are excess to military needs in the
(C) any chemical or biological
weapons, related materials, and facilities in the
(D) the
(E) the Russian Federation's export control system blocks any proliferation of weapons of mass destruction, the means of delivering such weapons, and materials, equipment, know-how, or technology that would be used to develop, produce, or deliver such weapons; and
(F) these objectives are accomplished with sufficient monitoring and transparency to provide confidence that they have in fact been accomplished and that the funds provided to accomplish these objectives have been spent efficiently and effectively.
(3)
(4) Substantial progress has been
made in United States-Russian Federation cooperative programs to achieve these
objectives, but much more remains to be done to reduce the urgent risks to
(5) The threats posed by
inadequate management of weapons of mass destruction stockpiles and complexes
in the
(A) a conspiracy at one of the
(B) an attempt by an employee of the Russian Federation's premier nuclear weapons facility to sell nuclear weapons designs to agents of Iraq and Afghanistan; and
(C) the theft of radioactive
material from a
(6) Addressing these threats to
(7) The creation of new funding
streams could accelerate progress in reducing these threats to
(8) The
(9) Past debt-for-environment
exchanges, in which a portion of a country's foreign debt is canceled in return
for certain environmental commitments or payments by that country, suggest that
a debt-for-nonproliferation exchange with the
(10) Most of the
(11) At the June 2002 meeting of the G-8 countries, agreement was achieved on a G-8 Global Partnership against the Spread of Weapons and Materials of Mass Destruction, under which the advanced industrial democracies committed to contribute $20,000,000,000 to nonproliferation programs in the Russian Federation during a 10-year period, with each contributing country having the option to fund some or all of its contribution through reduction in the Russian Federation's official debt to that country.
(12) The Russian Federation's Soviet-era official debt to the United States is estimated to be $480,000,000 in Lend-Lease debt and $2,250,000,000 in debt as a result of credits extended under title I of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.).
(b) PURPOSES- The purposes of this subtitle are--
(1) to facilitate the accomplishment of the United States objectives described in the findings set forth in subsection (a) by providing for the use of a portion of the Russian Federation's foreign debt to fund nonproliferation programs, thus allowing the use of additional resources for these purposes; and
(2) to help ensure that the
resources made available to the
In this subtitle:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' means--
(A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(2) COST- The term `cost' has the meaning given that term in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)).
(3) RUSSIAN FEDERATION
NONPROLIFERATION INVESTMENT AGREEMENT OR AGREEMENT- The term `Russian
Federation Nonproliferation Investment Agreement' or `Agreement' means the
agreement between the
(4) SOVIET-ERA DEBT- The term
`Soviet-era debt' means debt owed as a result of loans or credits provided by
the
(5) STATE SPONSOR OF INTERNATIONAL TERRORISM- The term `state sponsor of international terrorism' means those countries that have been determined by the Secretary of State, for the purposes of section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or section 6(j) of the Export Administration Act of 1979, to have repeatedly provided support for acts of international terrorism.
(a) AUTHORITY TO REDUCE DEBT-
(1) IN GENERAL- Upon the entry into force of a Russian Federation Nonproliferation Investment Agreement, the President may reduce amounts of Soviet-era debt owed by the Russian Federation to the United States (or any agency or instrumentality of the United States) that are outstanding as of the last day of the fiscal year preceding the fiscal year for which appropriations are available for the reduction of debt, in accordance with this subtitle.
(2) LIMITATION- The authority provided by paragraph (1) shall be available only to the extent that appropriations for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of reducing any debt pursuant to such subsection are made in advance.
(3) SUPERSEDES EXISTING LAW- The authority provided by paragraph (1) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(r)) or section 321 of the International Development and Food Assistance Act of 1975.
(b) IMPLEMENTATION-
(1) DELEGATION OF AUTHORITY- The President may delegate any authority conferred upon the President in this subtitle to the Secretary of State.
(2) ESTABLISHMENT OF TERMS AND CONDITIONS- Consistent with this subtitle, the President shall establish the terms and conditions under which loans and credits may be reduced pursuant to subsection (a).
(3) IMPLEMENTATION- In exercising the authority of subsection (a), the President--
(A) shall notify--
(i) the Department of State, with
respect to obligations of the former
(ii) the Commodity Credit
Corporation, with respect to obligations of the former
(B) shall direct the cancellation of old obligations and the substitution of new obligations consistent with the Russian Federation Nonproliferation Investment Agreement; and
(C) shall direct the appropriate agency to make an adjustment in the relevant accounts to reflect the new debt treatment.
(4) DEPOSIT OF REPAYMENTS- All repayments of outstanding loan amounts under subsection (a) that are not designated under a Russian Federation Nonproliferation Investment Agreement shall be deposited in the United States Government accounts established for repayments of the original obligations.
(5) NOT TREATED AS FOREIGN ASSISTANCE- Any reduction of Soviet-era debt pursuant to this subtitle shall not be considered assistance for the purposes of any provision of law limiting assistance to a country.
(c) AUTHORIZATION OF APPROPRIATION-
(1) IN GENERAL- For the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of modifying any Soviet-era debt obligation pursuant to subsection (a), there are authorized to be appropriated to the President such sums as may be necessary.
(2) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.
(a) IN GENERAL-
(1) IN GENERAL- The President is
authorized to enter into an agreement with the
(2) CONGRESSIONAL NOTIFICATION-
The President shall notify the appropriate congressional committees at least 15
days in advance of the
(b) CONTENT OF THE AGREEMENT- The Russian Federation Nonproliferation Investment Agreement shall ensure that--
(1) an amount equal to the value
of the debt reduced pursuant to this subtitle will be made available by the
(2) each program or project funded pursuant to the Agreement will be approved by the President;
(3) the administration and oversight of nonproliferation programs and projects will incorporate best practices from established threat reduction and nonproliferation assistance programs;
(4) each program or project funded pursuant to the Agreement will be subject to monitoring and audits conducted by or for the United States Government to confirm that agreed funds are expended on agreed projects and meet agreed targets and benchmarks;
(5) unobligated funds for investments pursuant to the Agreement will not be diverted to other purposes;
(6) funds allocated to programs
and projects pursuant to the Agreement will not be subject to any taxation by
the
(7) all matters relating to the intellectual property rights and legal liabilities of United States firms in any project will be agreed upon before the expenditure of funds would be authorized for that project; and
(8) not less than 75 percent of
the funds made available for each nonproliferation program or project under the
Agreement will be spent in the
(c) USE OF EXISTING MECHANISMS- It is the sense of Congress that, to the extent practicable, the boards and administrative mechanisms of existing threat reduction and nonproliferation programs should be used in the administration and oversight of programs and projects under the Agreement.
(d) JOINT AUDITING- It is the sense of Congress that the United States and the Russian Federation should consider commissioning the United States General Accounting Office and the Russian Chamber of Accounts to conduct joint audits to ensure that the funds saved by the Russian Federation as a result of any debt reduction are used exclusively, efficiently, and effectively to implement agreed programs or projects pursuant to the Agreement.
(e) STRUCTURE OF THE AGREEMENT- It is the sense of Congress that the Agreement should provide for significant penalties--
(1) if funds obligated for approved programs or projects are determined to have been misappropriated; and
(2) if the President is unable to make the certification required by section 1317(a) for two consecutive years.
Notwithstanding section 1315 (a)(1) and (b)(1), up to 10 percent of the amount equal to the value of the debt reduced pursuant to this subtitle may be used to promote a vibrant, independent media sector and the rule of law in the Russian Federation through an endowment to support the establishment of a `Center for an Independent Press and the Rule of Law' in the Russian Federation, which shall be directed by a joint United States-Russian Board of Directors in which the majority of members, including the chairman, shall be United States personnel, and which shall be responsible for management of the endowment, its funds, and the Center's programs.
(a) PROLIFERATION TO STATE SPONSORS OF TERRORISM- Subject to the provisions of subsection (c), the debt reduction authority provided by section 1314 may not be exercised unless and until the President certifies to the appropriate congressional committees that the Russian Federation has made material progress in stemming the flow of sensitive goods, technologies, material, and know-how related to the design, development, and production of weapons of mass destruction and the means to deliver them to state sponsors of international terrorism.
(b) ANNUAL DETERMINATION- If, in any annual report to Congress submitted pursuant to section 1321, the President cannot certify that the Russian Federation continues to meet the condition required in subsection (a), then, subject to the provisions of subsection (c), the debt reduction authority provided by section 1314 may not be exercised unless and until such certification is made to the appropriate congressional committees.
(c) PRESIDENTIAL WAIVER- The President may waive the requirements of subsection (a) or (b) for a fiscal year if the President--
(1) determines that application of
the subsection for a fiscal year would be counter to the national interest of
the
(2) so reports to the appropriate congressional committees.
It is the sense of Congress that the President and such other appropriate officials as the President may designate should pursue discussions with other creditor states with the objectives of--
(1) ensuring that other advanced industrial democracies, especially the largest holders of Soviet-era Russian debt, dedicate significant proportions of their bilateral official debt with the Russian Federation or equivalent amounts of direct assistance to the G-8 Global Partnership against the Spread of Weapons and Materials of Mass Destruction, as agreed upon in the Statement by G-8 Leaders on June 27, 2002; and
(2) reaching agreement, as appropriate, to establish a unified Russian Federation official debt reduction fund to manage and provide financial transparency for the resources provided by creditor states through debt reductions.
It is the sense of Congress that
implementation of debt-for-nonproliferation programs with the
The President shall consult with
the appropriate congressional committees on a periodic basis to review the
implementation of this subtitle and the
Not later than December 31, 2003, and not later than December 31 of each year thereafter, the President shall prepare and transmit to Congress a report concerning actions taken to implement this subtitle during the fiscal year preceding the fiscal year in which the report is transmitted. The report on a fiscal year shall include--
(1) a description of the activities undertaken pursuant to this subtitle during the fiscal year;
(2) a description of the nature and amounts of the loans reduced pursuant to this subtitle during the fiscal year;
(3) a description of any agreement entered into under this subtitle;
(4) a description of the progress during the fiscal year of any projects funded pursuant to this subtitle;
(5) a summary of the results of relevant audits performed in the fiscal year; and
(6) a certification, if appropriate, that the Russian Federation continued to meet the condition required by section 1317(a), and an explanation of why the certification was or was not made.
This subtitle may be cited as the `Nonproliferation Assistance Coordination Act of 2002'.
Congress finds that--
(1) United States nonproliferation efforts in the independent states of the former Soviet Union have achieved important results in ensuring that weapons of mass destruction, weapons-usable material and technology, and weapons-related knowledge remain beyond the reach of terrorists and weapons-proliferating states;
(2) although these efforts are in
the
(3) increased spending and investment by the United States private sector on nonproliferation efforts in the independent states of the former Soviet Union, specifically, spending and investment by the United States private sector in job creation initiatives and proposals for unemployed Russian Federation weapons scientists and technicians, are making an important contribution in ensuring that knowledge related to weapons of mass destruction remains beyond the reach of terrorists and weapons-proliferating states; and
(4) increased spending and investment by the United States private sector on nonproliferation efforts in the independent states of the former Soviet Union make advisable the establishment of a coordinating body to ensure that United States public and private efforts are not in conflict, and to ensure that public spending on efforts by the independent states of the former Soviet Union is maximized to ensure efficiency and further United States national security interests.
(a) INDEPENDENT STATES OF THE FORMER SOVIET UNION- In this subtitle, the term `independent states of the former Soviet Union' has the meaning given the term in section 3 of the FREEDOM Support Act (22 U.S.C. 5801).
(b) APPROPRIATE COMMITTEES OF CONGRESS- In this subtitle, the term `the appropriate committees of Congress' means the Committees on Foreign Relations, Armed Services, and Appropriations of the Senate and the Committees on International Relations, Armed Services, and Appropriations of the House of Representatives.
(a) IN GENERAL- The President shall establish a mechanism to coordinate, with the maximum possible effectiveness and efficiency, the efforts of United States Government departments and agencies engaged in formulating policy and carrying out programs for achieving nonproliferation and threat reduction.
(b) MEMBERSHIP- The coordination mechanism established pursuant to subsection (a) shall include--
(1) representatives designated by--
(A) the Secretary of State;
(B) the Secretary of Defense;
(C) the Secretary of Energy;
(D) the Secretary of Commerce;
(E) the Attorney General; and
(F) the Director of the Office of Homeland Security, or the head of a successor department or agency; and
(2) such other executive branch officials as the President may select.
(c) LEVEL OF REPRESENTATION- To the maximum extent possible, each department or agency's representative designated pursuant to subsection (b)(1) shall be an official of that department or agency who has been appointed by the President with the advice and consent of the Senate.
(d) CHAIR- The President shall
designate an official to direct the coordination mechanism established pursuant
to subsection (a). The official so designated may invite the head of any other
department or agency of the
(a) PURPOSES-
(1) IN GENERAL- The primary purpose of the coordination mechanism established pursuant to section 1334 of this Act should be--
(A) to exercise continuing responsibility for coordinating worldwide United States nonproliferation and threat reduction efforts to ensure that they effectively implement United States policy; and
(B) to enhance the ability of participating departments and agencies to anticipate growing nonproliferation areas of concern.
(2) PROGRAM MONITORING AND COORDINATION- The coordination mechanism established pursuant to section 1334 of this Act should have primary continuing responsibility within the executive branch of the Government for--
(A)
(B) coordinating the implementation
of
(b) AUTHORITY- In carrying out the responsibilities described in subsection (a), the coordination mechanism established pursuant to section 1334 of this Act should have, at a minimum, the authority to--
(1) establish such subcommittees and working groups as it deems necessary;
(2) direct the preparation of
analyses on issues and problems relating to coordination within and among
(3) direct the preparation of analyses on issues and problems relating to coordination between the United States public and private sectors on nonproliferation and threat reduction efforts, including coordination between public and private spending on nonproliferation and threat reduction programs and coordination between public spending and private investment in defense conversion activities of the independent states of the former Soviet Union;
(4) provide guidance on arrangements that will coordinate, deconflict, and maximize the utility of United States public spending on nonproliferation and threat reduction programs, and particularly such efforts in the independent states of the former Soviet Union;
(5) encourage companies and
nongovernmental organizations involved in nonproliferation efforts of the
independent states of the former
(6) direct the preparation of analyses on issues and problems relating to the coordination between the United States and other countries with respect to nonproliferation efforts, and particularly such efforts in the independent states of the former Soviet Union; and
(7) consider, and make
recommendations to the President with respect to, proposals for such new
legislation or regulations relating to
All
Information which has been submitted to or received by the coordination mechanism established pursuant to section 1334 of this Act in confidence shall not be publicly disclosed, except to the extent required by law, and such information shall be used by it only for the purpose of carrying out the functions set forth in this subtitle.
Nothing in this subtitle--
(1) applies to the data-gathering, regulatory, or enforcement authority of any existing United States department or agency over nonproliferation efforts in the independent states of the former Soviet Union, and the review of those efforts undertaken by the coordination mechanism established pursuant to section 1334 of this Act shall not in any way supersede or prejudice any other process provided by law; or
(2) applies to any activity that is reportable pursuant to title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.).
(a) PRESIDENTIAL REPORT- Not later than 120 days after each inauguration of a President, the President shall submit a report to the Congress on his general and specific nonproliferation and threat reduction objectives and how the efforts of executive branch agencies will be coordinated most effectively, pursuant to section 1334 of this Act, to achieve those objectives.
(b) CONSULTATION- The President should consult with and brief, from time to time, the appropriate committees of Congress regarding the efficacy of the coordination mechanism established pursuant to section 1334 of this Act in achieving its stated objectives.
This subtitle may be cited as the `Iran Nuclear Proliferation Prevention Act of 2002'.
Section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 2227) is amended by adding at the end the following:
`(d)(1) Notwithstanding subsection (c), if the Secretary of State determines that programs and projects of the International Atomic Energy Agency in Iran are inconsistent with United States nuclear nonproliferation and safety goals, will provide Iran with training or expertise relevant to the development of nuclear weapons, or are being used as a cover for the acquisition of sensitive nuclear technology, the limitations of subsection (a) shall apply to such programs and projects, and the Secretary of State shall so notify the appropriate congressional committees (as defined in section 3 of the Foreign Relations Authorization Act, Fiscal Year 2003).
`(2) A determination made by the Secretary of State under paragraph (1) shall be effective for the 1-year period beginning on the date of the determination.'.
(a) ANNUAL REVIEW-
(1) IN GENERAL- The Secretary shall undertake a comprehensive annual review of all programs and projects of the International Atomic Energy Agency (IAEA) in the countries described in section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)) and shall determine if such programs and projects are consistent with United States nuclear nonproliferation and safety goals.
(2) REPORT- Not later than one year after the date of enactment of this Act, and on an annual basis thereafter for five years, the Secretary shall submit to Congress a report containing the results of the review under paragraph (1).
(b) OPPOSITION TO CERTAIN PROGRAMS AND PROJECTS OF INTERNATIONAL ATOMIC ENERGY AGENCY- The Secretary shall direct the United States representative to the International Atomic Energy Agency to oppose programs of the Agency that are determined by the Secretary under the review conducted under subsection (a)(1) to be inconsistent with nuclear nonproliferation and safety goals of the United States.
(a) IN GENERAL- Not later than 180 days after the date of enactment of this Act, and on an annual basis thereafter for five years, the Secretary, in consultation with the United States representative to the International Atomic Energy Agency, shall prepare and submit to Congress a report that contains--
(1) a description of the total
amount of annual assistance to
(2) a list of Iranian officials in leadership positions at the Agency;
(3) the expected timeframe for the completion of the nuclear power reactors at the Bushehr nuclear power plant;
(4) a summary of the nuclear
materials and technology transferred to
(5) a description of all programs and projects of the International Atomic Energy Agency in each country described in section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)) and any inconsistencies between the technical cooperation and assistance programs and projects of the Agency and United States nuclear nonproliferation and safety goals in those countries.
(b) ADDITIONAL REQUIREMENT- The report required to be submitted under subsection (a) shall be submitted in an unclassified form, to the extent appropriate, but may include a classified annex.
It is the sense of Congress that
the President should pursue internal reforms at the International Atomic Energy
Agency that will ensure that all programs and projects funded under the
Technical Cooperation and Assistance Fund of the Agency are compatible with
(a) FUNDING- Of the amount authorized to be appropriated by section 111(a)(1)(A), $10,000,000 is authorized to be available for salaries and expenses of the Office of Defense Trade Controls of the Department.
(b) ASSIGNMENT OF LICENSE REVIEW OFFICERS- Effective January 1, 2003, the Secretary shall assign to the Office of Defense Trade Controls of the Department a sufficient number of license review officers to ensure that the average weekly caseload for each officer does not routinely exceed 40.
(c) DETAILEES- Given the priority placed on expedited license reviews in recent years by the Department of Defense, the Secretary of Defense should ensure that 10 military officers are continuously detailed to the Office of Defense Trade Controls of the Department of State on a nonreimbursable basis.
Of the amount authorized to be appropriated by section 111(a)(2), $4,000,000 is authorized to be available for the Office of Defense Trade Controls of the Department for the modernization of information management systems.
(a) OBJECTIVE- The Secretary shall establish a secure, Internet-based system for the filing and review of applications for export of Munitions List items.
(b) ESTABLISHMENT OF AN ELECTRONIC SYSTEM- Of the amount made available pursuant to section 1402 of this Act, $3,000,000 is authorized to be available to fully automate the Defense Trade Application System, and to ensure that the system--
(1) is a secure, electronic system for the filing and review of Munitions List license applications;
(2) is accessible by
(3) is capable of exchanging data with--
(A) the Export Control Automated Support System of the Department of Commerce;
(B) the Foreign Disclosure and Technology Information System and the USXPORTS systems of the Department of Defense;
(C) the Export Control System of the Central Intelligence Agency; and
(D) the Proliferation Information Network System of the Department of Energy.
(c) MUNITIONS LIST DEFINED- In this section, the term `Munitions List' means the United States Munitions List of defense articles and defense services controlled under section 38 of the Arms Export Control Act (22 U.S.C. 2778).
(a) CONTRIBUTION TO THE AUTOMATED EXPORT SYSTEM- Of the amount provided under section 1402 of this Act, $250,000 is authorized to be available for the purpose of--
(1) providing the Department with full access to the Automated Export System;
(2) ensuring that the system is modified to meet the needs of the Department, if such modifications are consistent with the needs of other United States Government agencies; and
(3) providing operational support.
(b) MANDATORY FILING- The Secretary of Commerce, with the concurrence of the Secretary of State and the Secretary of Treasury, shall publish regulations in the Federal Register to require, upon the effective date of those regulations, that all persons who are required to file export information under chapter 9 of title 13, United States Code, file such information through the Automated Export System.
(c) REQUIREMENT FOR INFORMATION SHARING- The Secretary shall conclude an information-sharing arrangement with the heads of the United States Customs Service and the Census Bureau--
(1) to allow the Department to access information on controlled exports made through the United States Postal Service; and
(2) to adjust the Automated Export System to parallel information currently collected by the Department.
(d) SECRETARY OF TREASURY FUNCTIONS- Section 303 of title 13, United States Code, is amended by striking `, other than by mail,'.
(e) FILING EXPORT INFORMATION, DELAYED FILINGS, PENALTIES FOR FAILURE TO FILE- Section 304 of title 13, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking `the penal sum of $1,000' and inserting `a penal sum of $10,000'; and
(B) in the third sentence, by striking `a penalty not to exceed $100 for each day's delinquency beyond the prescribed period, but not more than $1,000,' and inserting `a penalty not to exceed $1,000 for each day's delinquency beyond the prescribed period, but not more than $10,000 per violation';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
`(b) Any person, other than a person described in subsection (a), required to submit export information, shall file such information in accordance with any rule, regulation, or order issued pursuant to this chapter. In the event any such information or reports are not filed within such prescribed period, the Secretary of Commerce (and officers of the Department of Commerce specifically designated by the Secretary) may impose a civil penalty not to exceed $1,000 for each day's delinquency beyond the prescribed period, but not more than $10,000 per violation.'.
(f) ADDITIONAL PENALTIES-
(1) IN GENERAL- Section 305 of title 13, United States Code, is amended to read as follows:
`(a) CRIMINAL PENALTIES-
`(1) FAILURE TO FILE; SUBMISSION OF FALSE OR MISLEADING INFORMATION- Any person who knowingly fails to file or knowingly submits false or misleading export information through the Shippers Export Declaration (SED) (or any successor document) or the Automated Export System (AES) shall be subject to a fine not to exceed $10,000 per violation or imprisonment for not more than 5 years, or both.
`(2) FURTHERANCE OF ILLEGAL ACTIVITIES- Any person who knowingly reports any information on or uses the SED or the AES to further any illegal activity shall be subject to a fine not to exceed $10,000 per violation or imprisonment for not more than 5 years, or both.
`(3) FORFEITURE PENALTIES- Any person who is convicted under this subsection shall, in addition to any other penalty, be subject to forfeiting to the United States--
`(A) any of that person's interest in, security of, claim against, or property or contractual rights of any kind in the goods or tangible items that were the subject of the violation;
`(B) any of that person's interest in, security of, claim against, or property or contractual rights of any kind in tangible property that was used in the export or attempt to export that was the subject of the violation; and
`(C) any of that person's property constituting, or derived from, any proceeds obtained directly or indirectly as a result of the violation.
`(b) CIVIL PENALTIES- The Secretary (and officers of the Department of Commerce specifically designated by the Secretary) may impose a civil penalty not to exceed $10,000 per violation on any person violating the provisions of this chapter or any rule, regulation, or order issued thereunder, except as provided in section 304. Such penalty may be in addition to any other penalty imposed by law.
`(c) CIVIL PENALTY PROCEDURE-
`(1) IN GENERAL- Whenever a civil penalty is sought for a violation of this section or of section 304, the charged party is entitled to receive a formal complaint specifying the charges and, at his or her request, to contest the charges in a hearing before an administrative law judge. Any such hearing shall be conducted in accordance with sections 556 and 557 of title 5, United States Code.
`(2) COMMENCEMENT OF CIVIL ACTIONS- If any person fails to pay a civil penalty imposed under this chapter, the Secretary may request the Attorney General to commence a civil action in an appropriate district court of the United States to recover the amount imposed (plus interest at currently prevailing rates from the date of the final order). No such action may be commenced more than 5 years after the date the order imposing the civil penalty becomes final. In such action, the validity, amount, and appropriateness of such penalty shall not be subject to review.
`(3) REMISSION OR MITIGATION OF PENALTIES- The Secretary may remit or mitigate any penalties imposed under paragraph (1) if, in the Secretary's opinion--
`(A) the penalties were incurred without willful negligence or fraud; or
`(B) other circumstances exist that justify a remission or mitigation.
`(4) APPLICABLE LAW FOR DELEGATED FUNCTIONS- If, pursuant to section 306, the Secretary delegates functions under this section to another agency, the provisions of law of that agency relating to penalty assessment, remission or mitigation of such penalties, collection of such penalties, and limitations of actions and compromise of claims, shall apply.
`(5) DEPOSIT OF PAYMENTS IN GENERAL FUND OF THE TREASURY- Any amount paid in satisfaction of a civil penalty imposed under this section or section 304 shall be deposited into the general fund of the Treasury and credited as miscellaneous receipts.
`(d) ENFORCEMENT-
`(1) BY THE SECRETARY OF COMMERCE-
The Secretary of Commerce may designate officers or employees of the Office of
Export Enforcement to conduct investigations pursuant to this chapter. In
conducting such investigations, those officers or employees may, to the extent
necessary or appropriate to the enforcement of this chapter, exercise such
authorities as are conferred upon them by other laws of the
`(2) BY THE COMMISSIONER OF CUSTOMS- The Commissioner of Customs may designate officers or employees of the Customs Service to enforce the provisions of this chapter, or to conduct investigations pursuant to this chapter.
`(e) REGULATIONS- The Secretary of Commerce shall promulgate regulations for the implementation and enforcement of this section.
`(f) EXEMPTION- The criminal fines
provided for in this section are exempt from the provisions of section 3571 of
title 18,
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 9 of title 13, United States Code, is amended by striking the item relating to section 305 and inserting the following:
`305. Penalties for unlawful export information activities.'.
(a) IN GENERAL- The Arms Export Control Act is amended--
(1) in section 3(d) (22 U.S.C. 2753(d))--
(A) in paragraphs (1) and (3)(A), by striking `The President may not' and inserting `Subject to paragraph (5), the President may not'; and
(B) by adding at the end of the following new paragraph:
`(5) In the case of a transfer to a member country of the North Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand that does not authorize a new sales territory that includes any country other than such countries, the limitations on consent of the President set forth in paragraphs (1) and (3)(A) shall apply only if the transfer is--
`(A) a transfer of major defense equipment valued (in terms of its original acquisition cost) at $25,000,000 or more; or
`(B) a transfer of defense articles or defense services valued (in terms of its original acquisition cost) at $100,000,000 or more).';
(2) in section 36 (22 U.S.C. 2776)--
(A) in subsection (b)--
(i) in paragraph (1), by striking `(1) In the case of' and inserting `(1) Subject to paragraph (6), in the case of';
(ii) in paragraph (5)(C), by striking `(C) If' and inserting `(C) Subject to paragraph (6), if'; and
(iii) by adding at the end of the following new paragraph:
`(6) The limitation in paragraph (1) and the requirement in paragraph (5)(C) shall apply in the case of a letter of offer to sell to a member country of the North Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand that does not authorize a new sales territory that includes any country other than such countries only if the letter of offer involves--
`(A) the sale of major defense equipment under this Act for, or the enhancement or upgrade of major defense equipment at a cost of, $25,000,000 or more, as the case may be; and
`(B) the sale of defense articles or services for, or the enhancement or upgrade of defense articles or services at a cost of, $100,000,000 or more, as the case may be; or
`(C) the sale of design and construction services for, or the enhancement or upgrade of design and construction services at a cost of, $300,000,000 or more, as the case may be.'; and
(B) in subsection (c)--
(i) in paragraph (1), by striking `(1) In the case of' and inserting `(1) Subject to paragraph (5), in the case of'; and
(ii) by adding at the end the following new paragraph:
`(5) In the case of an application by a person (other than with regard to a sale under section 21 or 22 of this Act) for a license for the export to a member country of the North Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand that does not authorize a new sales territory that includes any country other than such countries, the limitations on the issuance of the license set forth in paragraph (1) shall apply only if the license is for export of--
`(A) major defense equipment sold under a contract in the amount of $25,000,000 or more; or
`(B) defense articles or defense services sold under a contract in the amount of $100,000,000 or more.';
(3) in section 63(a) (22 U.S.C. 2796b(a))--
(A) by striking `In the case of' and inserting `(1) Subject to paragraph (2), in the case of'; and
(B) by adding at the end the following new paragraph:
`(2) In the case of an agreement described in paragraph (1) that is entered into with a member country of the North Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand, the limitations in paragraph (1) shall apply only if the agreement involves a lease or loan of--
`(A) major defense equipment valued (in terms of its replacement cost less any depreciation in its value) at $25,000,000 or more; or
`(B) defense articles valued (in terms of their replacement cost less any depreciation in their value) at $100,000,000 or more.'; and
(4) in section 47 (22 U.S.C. 2794), as amended by section 1202(b) of this Act--
(A) by striking `and' at the end of paragraph (9);
(B) by striking the period at the end of paragraph (10) and inserting `; and'; and
(C) by adding at the end the following new paragraph:
`(11) `Sales territory' means a country or group of countries to which a defense article or defense service is authorized to be reexported.'.
(b) LICENSES FOR EXPORTS TO INDIA AND PAKISTAN- Section 9001(e) of the Department of Defense Appropriations Act, Fiscal Year 2000 (Public Law 106-79) is amended by adding at the end the following: `The application of these requirements shall be subject to the dollar amount thresholds specified in that section.'.
Section 38(f)(1) of the Arms Export Control Act (22 U.S.C. 2778(f)(1)) is amended by striking the third sentence and inserting the following: `The President may not remove any item from the Munitions List until 30 days after the date on which the President has provided notice of the proposed removal to the Committee on International Relations of the House of Representatives and to the Committee on Foreign Relations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 1961. Such notice shall describe the nature of any controls to be imposed on that item under any other provision of law.'.
Not later than March 31, 2003, officials of the Department and the Department of Defense shall brief the appropriate congressional committees regarding their plans and progress in formulating and implementing a national security assistance strategy. This briefing shall include--
(1) a description of how, and to what extent, the elements of the strategy recommended in section 501(b) of the Security Assistance Act of 2000 (22 U.S.C. 2305(b)) have been or will be incorporated in security assistance plans and decisions;
(2) the number of out-years considered in the strategy;
(3) a description of the actions taken to include the programs listed in section 501(c) of the Security Assistance Act of 2000 (22 U.S.C. 2305(c)), as well as similar programs of military training or other assistance to the military or security forces of a foreign country;
(4) a description of how a national security assistance strategy is being implemented regarding specific countries;
(5) a description of any programmatic changes adopted or expected as a result of adopting a strategic approach to security assistance policymaking;
(6) a description of any obstacles encountered in formulating or implementing a national security assistance strategy; and
(7) a description of any resource or legislative needs highlighted by this process.
(a) UTILIZATION- The Secretary should utilize security assistance surveys in preparation of a national security assistance strategy pursuant to section 501 of the Security Assistance Act of 2000 (22 U.S.C. 2305).
(b) FUNDING- Of the amount made available for the fiscal year 2003 under section 23 of the Arms Export Control Act (22 U.S.C. 2763), $2,000,000 is authorized to be available to the Secretary to conduct security assistance surveys, or to request such surveys, on a reimbursable basis, by the Department of Defense or other United States Government agencies. Such surveys shall be conducted consistent with the requirements of section 26 of the Arms Export Control Act (22 U.S.C. 2766).
(a) UNITED STATES POLICY- It shall be the policy of the United States, consistent with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons (21 U.S.T. 483), to encourage and work with the governments of India and Pakistan to achieve the following objectives by September 30, 2003:
(1) Continuation of a nuclear testing moratorium.
(2) Commitment not to deploy nuclear weapons.
(3) Commitment not to deploy ballistic missiles that can carry nuclear weapons and to restrain the ranges and types of missiles developed or deployed.
(4) Agreement by both governments to bring their export controls in accord with the guidelines and requirements of the Nuclear Suppliers Group.
(5) Agreement by both governments to bring their export controls in accord with the guidelines and requirements of the Zangger Committee.
(6) Agreement by both governments to bring their export controls in accord with the guidelines, requirements, and annexes of the Missile Technology Control Regime.
(7) Establishment of a modern, effective system to control the export of sensitive dual-use items, technology, technical information, and materiel that can be used in the design, development, or production of weapons of mass destruction and ballistic missiles.
(8) Conduct of bilateral meetings between Indian and Pakistani senior officials to discuss security issues and establish confidence-building measures with respect to nuclear policies and programs.
(b) FURTHER UNITED STATES POLICY- It shall also be the policy of the United States, consistent with its obligations under the Treaty on the Nonproliferation of Nuclear Weapons (21 U.S.T. 483), to encourage, and, where appropriate, to work with, the Governments of India and Pakistan to achieve not later than September 30, 2003, the establishment by those governments of modern, effective systems to protect and secure their nuclear devices and materiel from unauthorized use, accidental employment, or theft. Any such dialogue with India or Pakistan would not be represented or considered, nor would it be intended, as granting any recognition to India or Pakistan, as appropriate, as a nuclear weapon state (as defined in the Treaty on the Non-Proliferation of Nuclear Weapons).
(c) REPORT- Not later than March 1, 2003, the President shall submit to the appropriate congressional committees a report describing United States efforts to achieve the objectives listed in subsections (a) and (b), the progress made toward the achievement of those objectives, and the likelihood that each objective will be achieved by September 30, 2003.
The head of the Air Force Technical Applications Center shall make available to the public, immediately upon receipt or as soon after receipt as is practicable, all raw seismological data provided to the United States Government by any international monitoring organization that is directly responsible for seismological monitoring.
(a) IN GENERAL- The Secretary, in consultation with the Secretaries of Defense and Energy and the heads of other relevant United States departments and agencies, as appropriate, should develop measures to improve the process by which United States Government personnel may be detailed to international arms control and nonproliferation organizations without adversely affecting the pay or career advancement of such personnel.
(b) REPORT REQUIRED- Not later than May 1, 2003, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives setting forth the measures taken under subsection (a).
(a) PURPOSE- The purpose of this section is to--
(1) elevate the stature given United States diplomatic initiatives relating to nonproliferation and political-military issues; and
(2) develop a group of highly specialized, technical experts with country expertise capable of administering the nonproliferation and political-military affairs functions of the Department.
(b) AUTHORITY- To carry out the purposes of subsection (a), the Secretary is authorized to establish the position of Counselor for Nonproliferation and Political Military Affairs in United States diplomatic missions overseas, to be filled by individuals who are career Civil Service officers or Foreign Service officers committed to follow-on assignments in the Nonproliferation Bureau or the Political Military Affairs Bureau of the Department.
(c) TRAINING- After being selected to serve as Counselor, any person so selected shall spend not less than 10 months in language training courses at the Foreign Service Institute, or in technical courses administered by the Department of Defense, the Department of Energy, or other appropriate departments and agencies of the United States, except that such requirement for training may be waived by the Secretary.
(a) FINDINGS- Congress makes the following findings:
(1) On April 24, 1997, the Senate provided its advice and consent to ratification of the Chemical Weapons Convention subject to the condition, among others, that the President certify that no sample collected in the United States pursuant to the Convention will be transferred for analysis to any laboratory outside the territory of the United States.
(2) Congress enacted the same condition into law as section 304(f)(1) of the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6724(f)(1)).
(3) Part II, paragraph 57, of the Verification Annex of the Convention requires that all samples requiring off-site analysis under the Convention shall be analyzed by at least two laboratories that have been designated as capable of conducting such testing by the OPCW.
(4) The only United States laboratory currently designated by the OPCW is the United States Army Edgewood Forensic Science Laboratory.
(5) In order to comply with the Chemical Weapons Convention, the certification submitted pursuant to condition (18) of the resolution of ratification of the Chemical Weapons Convention, and the requirements of section 304(f)(1) of the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6724(f)(1)), the United States must possess, at a minimum, a second OPCW-designated laboratory.
(6) The possession of a second OPCW-designated laboratory is necessary in view of the potential for a challenge inspection to be initiated against the United States by a foreign nation.
(7) The possession of a third OPCW-designated laboratory would enable the OPCW to implement its normal sample analysis procedures, which randomly assign real and manufactured samples so that no laboratory knows the origin of a given sample.
(8) To qualify as a designated laboratory, a laboratory must be certified under ISO Guide 25 or a higher standard and complete three proficiency tests. The laboratory must have the full capability to handle substances listed on Schedule 1 of the Annex on Schedules of Chemicals of the Chemical Weapons Convention. In order to handle such substances in the United States, a laboratory also must operate under a bailment agreement with the United States Army.
(9) Several existing United States commercial laboratories have approved quality control systems, already possess bailment agreements with the United States Army, and have the capabilities necessary to obtain OPCW designation.
(10) In order to bolster the legitimacy of United States analysis of samples taken on its national territory, it is preferable that one designated laboratory not be a United States Government facility.
(b) ESTABLISHMENT OF NON-GOVERNMENTAL DESIGNATED LABORATORY-
(1) REPORT- Not later than March 1, 2003, the United States National Authority, as designated under section 101 of the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6711) (referred to in this section as the `National Authority'), shall submit to the appropriate congressional committees a report detailing a plan for securing OPCW designation of a nongovernmental United States laboratory by December 1, 2004.
(2) DIRECTIVE- Not later than June 1, 2003, the National Authority shall select, through competitive procedures, a nongovernmental laboratory within the United States to pursue designation by the OPCW.
(3) DELEGATION- The National Authority may delegate the authority and administrative responsibility for carrying out paragraph (2) to one or more of the heads of the agencies described in section 101(b)(2) of the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6711(b)(2)).
(c) DEFINITIONS- In this section:
(1) CHEMICAL WEAPONS CONVENTION OR CONVENTION- The term `Chemical Weapons Convention' or `Convention' means the Convention on the Prohibition of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, Opened for Signature and Signed by the United States at Paris on January 13, 1993, including the following protocols and memorandum of understanding:
(A) The Annex on Chemicals.
(B) The Annex on Implementation and Verification.
(C) The Annex on the Protection of Confidential Information.
(D) The Resolution Establishing the Preparatory Commission for the Organization for the Prohibition of Chemical Weapons.
(E) The Text on the Establishment of a Preparatory Commission.
(2) OPCW- The term `OPCW' means the Organization for the Prohibition of Chemical Weapons established under the Convention.
(a) TRANSFERS BY GRANT- The President is authorized to transfer vessels to foreign countries on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) as follows:
(1) POLAND- To the Government of Poland, the OLIVER HAZARD PERRY class guided missile frigate WADSWORTH (FFG 9).
(2) TURKEY- To the Government of Turkey, the KNOX class frigates CAPODANNO (FF 1093), THOMAS C. HART (FF 1092), DONALD B. BEARY (FF 1085), McCANDLESS (FF 1084), REASONER (FF 1063), and BOWEN (FF 1079).
(b) TRANSFERS BY SALE- The President is authorized to transfer vessels to foreign governments and foreign governmental entities on a sale basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761) as follows:
(1) MEXICO- To the Government of Mexico, the NEWPORT class tank landing ship FREDERICK (LST 1184).
(2) TAIWAN- To the Taipei Economic and Cultural Representative Office in the United States (which is the Taiwan instrumentality designated pursuant to section 10(a) of the Taiwan Relations Act), the KIDD class guided missile destroyers KIDD (DDG 993), CALLAGHAN (DDG 994), SCOTT (DDG 995), and CHANDLER (DDG 996).
(3) TURKEY- To the Government of Turkey, the OLIVER HAZARD PERRY class guided missile frigates ESTOCIN (FFG 15) and SAMUEL ELIOT MORISON (FFG 13).
(c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED EXCESS DEFENSE ARTICLES- The value of a vessel transferred to another country on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to authority provided by subsection (a) shall not be counted for the purposes of subsection (g) of that section in the aggregate value of excess defense articles transferred to countries under that section in any fiscal year.
(d) COSTS OF TRANSFERS ON GRANT BASIS- Any expense incurred by the United States in connection with a transfer authorized by this section shall be charged to the recipient (notwithstanding section 516(e)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(1))) in the case of a transfer authorized to be made on a grant basis under subsection (a).
(e) WAIVER AUTHORITY- For a vessel transferred on a grant basis pursuant to authority provided by subsection (a)(2), the President may waive reimbursement of charges for the lease of that vessel under section 61(a) of the Arms Export Control Act (22 U.S.C. 2796(a)) for a period of one year before the date of the transfer of that vessel.
(f) REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARDS- To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the country to which the vessel is transferred have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of that country, performed at a shipyard located in the United States, including a United States Navy shipyard.
(g) EXPIRATION OF AUTHORITY- The authority to transfer a vessel under this section shall expire at the end of the two-year period beginning on the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the
President of the Senate.
END