PUBLIC LAW 107–228—SEPT. 30, 2002

FOREIGN RELATIONS AUTHORIZATION ACT,

FISCAL YEAR 2003

116 STAT. 1350 PUBLIC LAW 107–228—SEPT. 30, 2002

Public Law 107–228

107th Congress

An Act

To authorize appropriations for the Department of State for fiscal year 2003, to

authorize appropriations under the Arms Export Control Act and the Foreign

Assistance Act of 1961 for security assistance for fiscal year 2003, and for other

purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Foreign Relations Authorization

Act, Fiscal Year 2003’’.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) DIVISIONS.—This Act is organized into two divisions as

follows:

(1) DIVISION A.—Department of State Authorization Act,

Fiscal Year 2003.

(2) DIVISION B.—Security Assistance Act of 2002.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Definitions.

DIVISION A—DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEAR

2003

Sec. 101. Short title.

TITLE I—AUTHORIZATIONS OF APPROPRIATIONS

Subtitle A—Department of State

Sec. 111. Administration of foreign affairs.

Sec. 112. United States educational, cultural, and public diplomacy programs.

Sec. 113. Contributions to international organizations.

Sec. 114. International Commissions.

Sec. 115. Migration and refugee assistance.

Sec. 116. Grants to The Asia Foundation.

Subtitle B—United States International Broadcasting Activities

Sec. 121. Authorizations of appropriations.

TITLE II—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

Subtitle A—Basic Authorities and Activities

Sec. 201. Emergency evacuation services.

Sec. 202. Special agent authorities.

Sec. 203. International Litigation Fund.

Sec. 204. State Department records of overseas deaths of United States citizens

from nonnatural causes.

Sec. 205. Foreign Relations Historical Series.

22 USC 2651

note.

Foreign Relations

Authorization

Act, Fiscal Year

2003.

Sept. 30, 2002

[H.R. 1646]

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1351

Sec. 206. Expansion of eligibility for award of certain construction contracts.

Sec. 207. International Chancery Center.

Sec. 208. Travel to Great Lakes fisheries meetings.

Sec. 209. Correction of Fishermen’s Protective Act of 1967.

Sec. 210. Use of funds received by the International Boundary and Water Commission.

Sec. 211. Fee collections relating to intercountry adoptions and affidavits of support.

Sec. 212. Annual reports on compliance with The Hague Convention on the Civil

Aspects of International Child Abduction.

Sec. 213. Repeal of provision regarding housing for Foreign Agricultural Attaches.

Sec. 214. United States policy with respect to Jerusalem as the capital of Israel.

Sec. 215. Report concerning efforts to promote Israel’s diplomatic relations with

other countries.

Sec. 216. Continuation of reporting requirements.

Subtitle B—Educational, Cultural, and Public Diplomacy Authorities

Sec. 221. Fulbright-Hays Act authorities.

Sec. 222. Extension of requirement for scholarships for Tibetans and Burmese.

Sec. 223. Plan for achievement of public diplomacy objectives.

Sec. 224. Advisory Committee on Cultural Diplomacy.

Sec. 225. Allocation of funds for ‘‘American Corners’’ in the Russian Federation.

Sec. 226. Report relating to Commission on Security and Cooperation in Europe.

Sec. 227. Amendments to the Vietnam Education Foundation Act of 2000.

Sec. 228. Ethical issues in international health research.

Sec. 229. Conforming amendments.

Subtitle C—Consular Authorities

Sec. 231. Report on visa issuance to inadmissible aliens.

Sec. 232. Denial of entry into United States of Chinese and other nationals engaged

in coerced organ or bodily tissue transplantation.

Sec. 233. Processing of visa applications.

Sec. 234. Machine readable visas.

Subtitle D—Migration and Refugees

Sec. 241. Prohibition on funding the involuntary return of refugees.

Sec. 242. United States membership in the International Organization for Migration.

Sec. 243. Report on overseas refugee processing.

TITLE III—ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF

STATE

Subtitle A—Organizational Matters

Sec. 301. Comprehensive workforce plan.

Sec. 302. ‘‘Rightsizing’’ overseas posts.

Sec. 303. Qualifications of certain officers of the Department of State.

Subtitle B—Personnel Matters

Sec. 311. Thomas Jefferson Star for Foreign Service.

Sec. 312. Presidential rank awards.

Sec. 313. Foreign Service National Savings Fund.

Sec. 314. Clarification of separation for cause.

Sec. 315. Dependents on family visitation travel.

Sec. 316. Health education and disease prevention programs.

Sec. 317. Correction of time limitation for grievance filing.

Sec. 318. Training authorities.

Sec. 319. Unaccompanied air baggage.

Sec. 320. Emergency medical advance payments.

Sec. 321. Retirement credit for certain Government service performed abroad.

Sec. 322. Computation of Foreign Service retirement annuities as if Washington,

D.C., locality-based comparability payments were made to overseas-stationed Foreign Service members.

Sec. 323. Plan for improving recruitment of veterans into the Foreign Service.

Sec. 324. Report concerning minority employment.

Sec. 325. Use of funds authorized for minority recruitment.

Sec. 326. Assignments and details of personnel to the American Institute in Taiwan.

Sec. 327. Annual reports on foreign language competence.

Sec. 328. Travel of children of members of the Foreign Service assigned abroad.

116 STAT. 1352 PUBLIC LAW 107–228—SEPT. 30, 2002

TITLE IV—INTERNATIONAL ORGANIZATIONS

Sec. 401. Payment of third installment of arrearages.

Sec. 402. Limitation on the United States share of assessments for United Nations

peacekeeping operations in calendar years 2001 through 2004.

Sec. 403. Limitation on the United States share of assessments for United Nations

regular budget.

Sec. 404. Promotion of sound financial practices by the United Nations.

Sec. 405. Reports to Congress on United Nations activities.

Sec. 406. Use of secret ballots within the United Nations.

Sec. 407. Sense of Congress relating to membership of the United States in

UNESCO.

Sec. 408. United States membership on the United Nations Commission on Human

Rights and International Narcotics Control Board.

Sec. 409. Plan for enhanced Department of State efforts to place United States citizens in positions of employment in the United Nations and its specialized agencies.

TITLE V—UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES

Sec. 501. Modification of limitation on grant amounts to RFE/RL, Incorporated.

Sec. 502. Pay parity for senior executives of RFE/RL, Incorporated.

Sec. 503. Authority to contract for local broadcasting services outside the United

States.

Sec. 504. Personal services contracting pilot program.

Sec. 505. Travel by Voice of America correspondents.

Sec. 506. Report on broadcasting personnel.

Sec. 507. Conforming amendments.

TITLE VI—MISCELLANEOUS PROVISIONS

Subtitle A—Middle East Peace Commitments Act of 2002

Sec. 601. Short title.

Sec. 602. Findings.

Sec. 603. Reports.

Sec. 604. Imposition of sanctions.

Subtitle B—Tibet Policy

Sec. 611. Short title.

Sec. 612. Statement of purpose.

Sec. 613. Tibet negotiations.

Sec. 614. Reporting on Tibet.

Sec. 615. Congressional-Executive Commission on the People’s Republic of China.

Sec. 616. Economic development in Tibet.

Sec. 617. Release of prisoners and access to prisons.

Sec. 618. Establishment of a United States branch office in Lhasa, Tibet.

Sec. 619. Requirement for Tibetan language training.

Sec. 620. Religious persecution in Tibet.

Sec. 621. United States Special Coordinator for Tibetan Issues.

Subtitle C—East Timor Transition to Independence Act of 2002

Sec. 631. Short title.

Sec. 632. Bilateral assistance.

Sec. 633. Multilateral assistance.

Sec. 634. Trade and investment assistance.

Sec. 635. Generalized System of Preferences.

Sec. 636. Authority for radio broadcasting.

Sec. 637. Security assistance for East Timor.

Sec. 638. Reporting requirement.

Subtitle D—Clean Water for the Americas Partnership

Sec. 641. Short title.

Sec. 642. Definitions.

Sec. 643. Establishment of program.

Sec. 644. Environmental assessment.

Sec. 645. Establishment of Technology America Centers.

Sec. 646. Promotion of water quality, water treatment systems, and energy efficiency.

Sec. 647. Grants for prefeasibility studies within a designated subregion.

Sec. 648. Clean Water Technical Support Committee.

Sec. 649. Authorization of appropriations.

Sec. 650. Report.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1353

Sec. 651. Termination date.

Sec. 652. Effective date.

Subtitle E—Freedom Investment Act of 2002

Sec. 661. Short title.

Sec. 662. Purposes.

Sec. 663. Human rights activities at the Department of State.

Sec. 664. Human Rights and Democracy Fund.

Sec. 665. Reports on actions taken by the United States to encourage respect for

human rights.

Subtitle F—Elimination and Streamlining of Reporting Requirements

Sec. 671. Elimination of certain reporting requirements.

Sec. 672. Biennial reports on programs to encourage good governance.

Subtitle G—Other Matters

Sec. 681. Amendments to the International Religious Freedom Act of 1998.

Sec. 682. Amendments to the Victims of Trafficking and Violence Protection Act of

2000.

Sec. 683. Annual human rights country reports on child soldiers.

Sec. 684. Extension of authority for Caucus on International Narcotics Control.

Sec. 685. Participation of South Asian countries in international law enforcement.

Sec. 686. Payment of anti-terrorism judgments.

Sec. 687. Reports on participation by small businesses in procurement contracts of

USAID.

Sec. 688. Program to improve building construction and practices in Latin American countries.

Sec. 689. Sense of Congress relating to HIV/AIDS and United Nations peacekeeping operations.

Sec. 690. Sense of Congress relating to Magen David Adom Society.

Sec. 691. Sense of Congress regarding the location of Peace Corps offices abroad.

Sec. 692. Sense of Congress relating to resolution of the Taiwan Strait issue.

Sec. 693. Sense of Congress relating to display of the American flag at the American Institute in Taiwan.

Sec. 694. Reports on activities in Colombia.

Sec. 695. Report on United States-sponsored activities in Colombia.

Sec. 696. Report on extradition policy and practice.

Sec. 697. Special Court for Sierra Leone.

Sec. 698. United States Envoy for Peace in Sudan.

Sec. 699. Transfer of proscribed weapons to persons or entities in the West Bank

and Gaza.

Sec. 700. Sense of Congress relating to arsenic contamination in drinking water in

Bangladesh.

Sec. 701. Policing reform and human rights in Northern Ireland.

Sec. 702. Annual reports on United States-Vietnam human rights dialogue meetings.

Sec. 703. Sense of Congress regarding human rights violations in Indonesia.

Sec. 704. Report concerning the German Foundation ‘‘Remembrance, Responsibility, and the Future’’. Sec. 705. Sense of Congress on return of portraits of holocaust victims to the artist

Dina Babbitt.

Sec. 706. International drug control certification procedures.

DIVISION B—SECURITY ASSISTANCE ACT OF 2002

TITLE X—GENERAL PROVISIONS

Sec. 1001. Short title.

Sec. 1002. Definitions.

TITLE XI—VERIFICATION OF ARMS CONTROL AND NONPROLIFERATION

AGREEMENTS

Sec. 1101. Verification and Compliance Bureau personnel.

Sec. 1102. Key Verification Assets Fund.

Sec. 1103. Revised verification and compliance reporting requirements.

TITLE XII—MILITARY AND RELATED ASSISTANCE

Subtitle A—Foreign Military Sales and Financing Authorities

Sec. 1201. Authorization of appropriations.

Sec. 1202. Relationship of Foreign Military Sales to United States nonproliferation

interests.

116 STAT. 1354 PUBLIC LAW 107–228—SEPT. 30, 2002

Sec. 1203. Official reception and representation expenses.

Sec. 1204. Arms Export Control Act prohibition on transactions with countries that

have repeatedly provided support for acts of international terrorism.

Sec. 1205. Congressional notification of small arms and light weapons license approvals; reports.

Sec. 1206. Treatment of Taiwan relating to transfers of defense articles and defense

services.

Subtitle B—International Military Education and Training

Sec. 1211. Authorization of appropriations.

Sec. 1212. Human rights violations.

Sec. 1213. Participation in post-undergraduate flying training and tactical leadership programs.

Subtitle C—Assistance for Select Countries

Sec. 1221. Assistance for Israel and Egypt.

Sec. 1222. Security assistance for Greece and Turkey.

Sec. 1223. Security assistance for certain other countries.

Sec. 1224. Assistance for Lebanon.

Subtitle D—Excess Defense Article and Drawdown Authorities

Sec. 1231. Excess defense articles for certain countries.

Sec. 1232. Annual listing of possible excess defense articles.

Sec. 1233. Leases of defense articles for foreign countries and international organizations.

Sec. 1234. Priority with respect to transfer of excess defense articles.

Subtitle E—Other Political-Military Assistance

Sec. 1241. Destruction of surplus weapons stockpiles.

Subtitle F—Antiterrorism Assistance

Sec. 1251. Authorization of appropriations.

Subtitle G—Other Matters

Sec. 1261. Additions to United States War Reserve Stockpiles for Allies.

Sec. 1262. Revised military assistance reporting requirements.

Sec. 1263. Consultation with Congress with regard to Taiwan.

TITLE XIII—NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

Subtitle A—General Provisions

Sec. 1301. Authorization of appropriations.

Sec. 1302. Nonproliferation technology acquisition programs for friendly foreign

countries.

Sec. 1303. International nonproliferation and export control training.

Sec. 1304. Relocation of scientists.

Sec. 1305. International Atomic Energy Agency regular budget assessments and

voluntary contributions.

Sec. 1306. Amendments to the Iran Nonproliferation Act of 2000.

Sec. 1307. Amendments to the North Korea Threat Reduction Act of 1999.

Sec. 1308. Annual reports on the proliferation of missiles and essential components

of nuclear, biological, chemical, and radiological weapons.

Sec. 1309. Three-year international arms control and nonproliferation strategy.

Subtitle B—Russian Federation Debt Reduction for Nonproliferation

Sec. 1311. Short title.

Sec. 1312. Findings and purposes.

Sec. 1313. Definitions.

Sec. 1314. Authority to reduce the Russian Federation’s Soviet-era debt obligations

to the United States.

Sec. 1315. Russian Federation Nonproliferation Investment Agreement.

Sec. 1316. Independent media and the rule of law.

Sec. 1317. Restriction on debt reduction authority.

Sec. 1318. Discussion of Russian Federation debt reduction for nonproliferation

with other creditor states.

Sec. 1319. Implementation of United States policy.

Sec. 1320. Consultations with Congress.

Sec. 1321. Annual reports to Congress.

Subtitle C—Nonproliferation Assistance Coordination

Sec. 1331. Short title.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1355

Sec. 1332. Findings.

Sec. 1333. Definitions.

Sec. 1334. Establishment of Committee on Nonproliferation Assistance.

Sec. 1335. Purposes and authority.

Sec. 1336. Administrative support.

Sec. 1337. Confidentiality of information.

Sec. 1338. Statutory construction.

Sec. 1339. Reporting and consultation.

Subtitle D—Iran Nuclear Proliferation Prevention Act of 2002

Sec. 1341. Short title.

Sec. 1342. Withholding of voluntary contributions to the International Atomic Energy Agency for programs and projects in Iran.

Sec. 1343. Annual review by Secretary of State of programs and projects of the

International Atomic Energy Agency; United States opposition to certain

programs and projects of the Agency.

Sec. 1344. Reporting requirements.

Sec. 1345. Sense of Congress.

TITLE XIV—EXPEDITING THE MUNITIONS LICENSING PROCESS

Sec. 1401. License officer staffing.

Sec. 1402. Funding for database automation.

Sec. 1403. Information management priorities.

Sec. 1404. Improvements to the Automated Export System.

Sec. 1405. Adjustment of threshold amounts for congressional review purposes.

Sec. 1406. Congressional notification of removal of items from the Munitions List.

TITLE XV—NATIONAL SECURITY ASSISTANCE STRATEGY

Sec. 1501. Briefing on the strategy.

Sec. 1502. Security assistance surveys.

TITLE XVI—MISCELLANEOUS PROVISIONS

Sec. 1601. Nuclear and missile nonproliferation in South Asia.

Sec. 1602. Real-time public availability of raw seismological data.

Sec. 1603. Detailing United States governmental personnel to international arms

control and nonproliferation organizations.

Sec. 1604. Diplomatic presence overseas.

Sec. 1605. Compliance with the Chemical Weapons Convention.

TITLE XVII—AUTHORITY TO TRANSFER NAVAL VESSELS

Sec. 1701. Authority to transfer naval vessels to certain foreign countries.

SEC. 3. DEFINITIONS.

In this Act:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term

‘‘appropriate congressional committees’’ means the Committee

on Foreign Relations of the Senate and the Committee on

International Relations of the House of Representatives.

(2) DEPARTMENT.—The term ‘‘Department’’ means the

Department of State.

(3) SECRETARY.—Except as otherwise provided, the term

‘‘Secretary’’ means the Secretary of State.

DIVISION A—DEPARTMENT OF STATE

AUTHORIZATION ACT, FISCAL YEAR

2003

SEC. 101. SHORT TITLE.

This division may be cited as the ‘‘Department of State

Authorization Act, Fiscal Year 2003’’.

22 USC 2651

note.

Department of

State

Authorization

Act, Fiscal Year

2003.

22 USC 2651

note.

116 STAT. 1356 PUBLIC LAW 107–228—SEPT. 30, 2002

TITLE I—AUTHORIZATIONS OF

APPROPRIATIONS

Subtitle A—Department of State

SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS.

(a) IN GENERAL.—The following amounts are authorized to

be appropriated for the Department under ‘‘Administration of Foreign Affairs’’ to carry out the authorities, functions, duties, and

responsibilities in the conduct of the foreign affairs of the United

States, and for other purposes authorized by law, including public

diplomacy activities and the diplomatic security program:

(1) DIPLOMATIC AND CONSULAR PROGRAMS.—

(A) AUTHORIZATION OF APPROPRIATIONS.—For ‘‘Diplomatic and Consular Programs’’, $4,030,023,000 for the

fiscal year 2003.

(B) WORLDWIDE SECURITY UPGRADES.—Of the amount

authorized to be appropriated by subparagraph (A),

$564,000,000 for the fiscal year 2003 is authorized to be

appropriated for worldwide security upgrades.

(C) BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND

LABOR.—Of the amount authorized to be appropriated by

subparagraph (A), $20,000,000 for the fiscal year 2003 is

authorized to be appropriated for salaries and expenses

of the Bureau of Democracy, Human Rights, and Labor.

(D) RECRUITMENT OF MINORITY GROUPS.—Of the

amount authorized to be appropriated by subparagraph

(A), $2,000,000 for the fiscal year 2003 is authorized to

be appropriated for the recruitment of members of minority

groups for careers in the Foreign Service and international

affairs.

(2) CAPITAL INVESTMENT FUND.—For ‘‘Capital Investment

Fund’’, $200,000,000 for the fiscal year 2003.

(3) EMBASSY SECURITY, CONSTRUCTION AND MAINTENANCE.—

(A) IN GENERAL.—For ‘‘Embassy Security, Construction

and Maintenance’’, $555,000,000 for the fiscal year 2003,

in addition to amounts otherwise authorized to be appropriated for such purpose by section 604 of the Admiral

James W. Nance and Meg Donovan Foreign Relations

Authorization Act, Fiscal Years 2000 and 2001 (as enacted

into law by section 1000(a)(7) of Public Law 106–113 and

contained in appendix G of that Act; 113 Stat. 1501A–

470).

(B) AMENDMENT OF THE NANCE-DONOVAN FOREIGN

RELATIONS AUTHORIZATION ACT.—Section 604(a)(4) of that

Act (113 Stat. 1501A–453) is amended by striking

‘‘$900,000,000’’ and inserting ‘‘$1,000,000,000’’.

(4) REPRESENTATION ALLOWANCES.—For ‘‘Representation

Allowances’’, $9,000,000 for the fiscal year 2003.

(5) PROTECTION OF FOREIGN MISSIONS AND OFFICIALS.—For

‘‘Protection of Foreign Missions and Officials’’, $11,000,000 for

the fiscal year 2003.

22 USC 4865

note.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1357

(6) EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

SERVICE.—For ‘‘Emergencies in the Diplomatic and Consular

Service’’, $15,000,000 for the fiscal year 2003.

(7) REPATRIATION LOANS.—For ‘‘Repatriation Loans’’, $1,250,000 for the fiscal year 2003.

(8) PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN.— For ‘‘Payment to the American Institute in Taiwan’’, $18,817,000 for the fiscal year 2003.

(9) OFFICE OF THE INSPECTOR GENERAL.—For ‘‘Office of

the Inspector General’’, $30,800,000 for the fiscal year 2003.

(b) AVAILABILITY OF FUNDS FOR PROTECTION OF FOREIGN MIS- SIONS AND OFFICIALS.—The amount appropriated pursuant to subsection (a)(5) is authorized to remain available through September

30, 2004.

SEC. 112. UNITED STATES EDUCATIONAL, CULTURAL, AND PUBLIC

DIPLOMACY PROGRAMS.

The following amounts are authorized to be appropriated for

the Department to carry out public diplomacy programs of the

Department under the United States Information and Educational

Exchange Act of 1948, the Mutual Educational and Cultural

Exchange Act of 1961, Reorganization Plan Number 2 of 1977,

the Foreign Affairs Reform and Restructuring Act of 1998, the

Center for Cultural and Technical Interchange Between East and

West Act of 1960, the Dante B. Fascell North-South Center Act

of 1991, and the National Endowment for Democracy Act, and

to carry out other authorities in law consistent with such purposes:

(1) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.—

(A) FULBRIGHT ACADEMIC EXCHANGE PROGRAMS.—

(i) IN GENERAL.—For the ‘‘Fulbright Academic

Exchange Programs’’ (other than programs described

in subparagraph (B)), $135,000,000 for the fiscal year

2003.

(ii) VIETNAM FULBRIGHT ACADEMIC EXCHANGE PROGRAM.—Of the amount authorized to be appropriated by clause (i), $5,000,000 for the fiscal year 2003 is

authorized to be available to carry out the Vietnam

scholarship program established by section 229 of the

Foreign Relations Authorization Act, Fiscal Years 1992

and 1993 (Public Law 102–138).

(iii) NEW CENTURY SCHOLARS INITIATIVE—HIV/

AIDS.—Of the amount authorized to be appropriated

under clause (i), $1,000,000 for the fiscal year 2003

is authorized to be available for HIV/AIDS research

and mitigation strategies under the Health Issues in

a Border-Less World academic program of the New

Century Scholars Initiative.

(B) OTHER EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.—

(i) IN GENERAL.—For other educational and cultural exchange programs authorized by law,

$125,000,000 for the fiscal year 2003.

(ii) TIBETAN EXCHANGES.—Of the amount authorized to be appropriated by clause (i), $500,000 for the

fiscal year 2003 is authorized to be available for

‘‘Ngawang Choephel Exchange Programs’’ (formerly

known as ‘‘programs of educational and cultural

116 STAT. 1358 PUBLIC LAW 107–228—SEPT. 30, 2002

exchange between the United States and the people

of Tibet’’) under section 103(a) of the Human Rights,

Refugee, and Other Foreign Relations Provisions Act

of 1996 (Public Law 104–319).

(iii) EAST TIMORESE SCHOLARSHIPS.—Of the

amount authorized to be appropriated by clause (i),

$500,000 for the fiscal year 2003 is authorized to be

available for ‘‘East Timorese Scholarships’’.

(iv) MONTENEGRO PARLIAMENTARY DEVELOPMENT.—Of the amount authorized to be appropriated

by clause (i), $500,000 for the fiscal year 2003 is

authorized to be available for a program of parliamentary development and exchanges in Montenegro.

(v) SOUTH PACIFIC EXCHANGES.—Of the amount

authorized to be appropriated under clause (i),

$750,000 for the fiscal year 2003 is authorized to be

available for ‘‘South Pacific Exchanges’’.

(vi) ISRAEL-ARAB PEACE PARTNERS PROGRAM.—Of

the amount authorized to be appropriated under clause

(i), $750,000 for the fiscal year 2003 is authorized

to be available for people-to-people activities (with a

focus on young people) to support the Middle East

peace process involving participants from Israel, the

Palestinian Authority, Arab countries, and the United

States, to be known as the ‘‘Israel-Arab Peace Partners

Program’’.

(vii) SUDANESE SCHOLARSHIPS.—Of the amount

authorized to be appropriated under clause (i),

$500,000 for the fiscal year 2003 is authorized to be

available for scholarships for students from southern

Sudan for secondary or postsecondary education in the

United States, to be known as ‘‘Sudanese Scholarships’’.

(2) NATIONAL ENDOWMENT FOR DEMOCRACY.—

(A) IN GENERAL.—For the ‘‘National Endowment for

Democracy’’, $42,000,000 for the fiscal year 2003.

(B) REAGAN-FASCELL DEMOCRACY FELLOWS.—Of the

amount authorized to be appropriated under subparagraph

(A), $1,000,000 for the fiscal year 2003 is authorized to

be available for a fellowship program known as the

‘‘Reagan-Fascell Democracy Fellows’’, for democracy activists and scholars from around the world at the International Forum for Democratic Studies in Washington,

D.C., to study, write, and exchange views with other activists and scholars and with Americans.

(3) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE

BETWEEN EAST AND WEST.—For the ‘‘Center for Cultural and

Technical Interchange between East and West’’, $15,000,000

for the fiscal year 2003.

(4) DANTE B. FASCELL NORTH-SOUTH CENTER.—For the

‘‘Dante B. Fascell North-South Center’’, $2,500,000 for the fiscal

year 2003.

SEC. 113. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.

(a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.—

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1359

(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated under the heading ‘‘Contributions to

International Organizations’’ $891,378,000 for the fiscal year

2003 for the Department to carry out the authorities, functions,

duties, and responsibilities in the conduct of the foreign affairs

of the United States with respect to international organizations

and to carry out other authorities in law consistent with such

purposes.

(2) AVAILABILITY OF FUNDS FOR CIVIL BUDGET OF NATO.—

Of the amount authorized to be appropriated under the heading

‘‘Contributions to International Organizations’’ for fiscal year

2003, and for each fiscal year thereafter, such sums as may

be necessary are authorized for the United States assessment

for the civil budget of the North Atlantic Treaty Organization.

(b) CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.—There is authorized to be appropriated under the heading

‘‘Contributions for International Peacekeeping Activities’’

$725,981,000 for the fiscal year 2003 for the Department to carry

out the authorities, functions, duties, and responsibilities in the

conduct of the foreign affairs of the United States with respect

to international peacekeeping activities and to carry out other

authorities in law consistent with such purposes.

(c) PROHIBITION ON FUNDING OTHER FRAMEWORK TREATYBASED ORGANIZATIONS.—None of the funds made available for the

2002–2003 biennium budget under subsection (a) for United States

contributions to the regular budget of the United Nations may

be available for the United States proportionate share of any framework treaty-based organization, including the Framework Convention on Global Climate Change, the International Seabed Authority,

and the International Criminal Court.

(d) FOREIGN CURRENCY EXCHANGE RATES.—

(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to the

amount authorized to be appropriated by subsection (a), there

is authorized to be appropriated such sums as may be necessary

for the fiscal year 2003 to offset adverse fluctuations in foreign

currency exchange rates.

(2) AVAILABILITY OF FUNDS.—Amounts appropriated under

this subsection may be available for obligation and expenditure

only to the extent that the Director of the Office of Management

and Budget determines and certifies to the appropriate congressional committees that such amounts are necessary due to

such fluctuations.

(e) REFUND OF EXCESS CONTRIBUTIONS.—The United States

shall continue to insist that the United Nations and its specialized

and affiliated agencies shall credit or refund to each member of

the organization or agency concerned its proportionate share of

the amount by which the total contributions to the organization

or agency exceed the expenditures of the regular assessed budget

of the organization or agency.

SEC. 114. INTERNATIONAL COMMISSIONS.

The following amounts are authorized to be appropriated under

‘‘International Commissions’’ for the Department to carry out the

authorities, functions, duties, and responsibilities in the conduct

of the foreign affairs of the United States with respect to international commissions, and for other purposes authorized by law:

22 USC 287e

note.

116 STAT. 1360 PUBLIC LAW 107–228—SEPT. 30, 2002

(1) INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO.—For ‘‘International Boundary and

Water Commission, United States and Mexico’’—

(A) for ‘‘Salaries and Expenses’’, $28,387,000 for the

fiscal year 2003; and

(B) for ‘‘Construction’’, $9,517,000 for the fiscal year

2003.

(2) INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES

AND CANADA.—For ‘‘International Boundary Commission,

United States and Canada’’, $1,157,000 for the fiscal year 2003.

(3) INTERNATIONAL JOINT COMMISSION.—For ‘‘International

Joint Commission’’, $7,544,000 for the fiscal year 2003.

(4) INTERNATIONAL FISHERIES COMMISSIONS.—For ‘‘International Fisheries Commissions’’, $19,780,000 for the fiscal year

2003.

SEC. 115. MIGRATION AND REFUGEE ASSISTANCE.

(a) IN GENERAL.—There is authorized to be appropriated for

the Department for ‘‘Migration and Refugee Assistance’’ for authorized activities, $820,000,000 for the fiscal year 2003.

(b) REFUGEES RESETTLING IN ISRAEL.—Of the amount authorized to be appropriated by subsection (a), $60,000,000 is authorized

to be available for the fiscal year 2003 for the resettlement of

refugees in Israel.

(c) TIBETAN REFUGEES IN INDIA AND NEPAL.—Of the amount

authorized to be appropriated by subsection (a), $2,000,000 for

the fiscal year 2003 is authorized to be available for humanitarian

assistance, including food, medicine, clothing, and medical and vocational training, to Tibetan refugees in India and Nepal who have

fled Chinese-occupied Tibet.

(d) HUMANITARIAN ASSISTANCE FOR DISPLACED BURMESE.—Of

the amount authorized to be appropriated by subsection (a),

$2,000,000 for the fiscal year 2003 is authorized to be available

for humanitarian assistance (including food, medicine, clothing, and

medical and vocational training) to persons displaced as a result

of civil conflict in Burma, including persons still within Burma.

(e) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to

this section are authorized to remain available until expended.

SEC. 116. GRANTS TO THE ASIA FOUNDATION.

Section 404 of The Asia Foundation Act (title IV of Public

Law 98–164; 22 U.S.C. 4403) is amended to read as follows:

‘‘SEC. 404. There is authorized to be appropriated to the Secretary of State $15,000,000 for the fiscal year 2003 for grants

to The Asia Foundation pursuant to this title.’’.

Subtitle B—United States International

Broadcasting Activities

SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.

(a) IN GENERAL.—The following amounts are authorized to

be appropriated to carry out United States Government broadcasting activities under the United States Information and Educational Exchange Act of 1948, the United States International

Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act,

the Television Broadcasting to Cuba Act, and the Foreign Affairs

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1361

Reform and Restructuring Act of 1998, and to carry out other

authorities in law consistent with such purposes:

(1) INTERNATIONAL BROADCASTING OPERATIONS.—

(A) IN GENERAL.—For ‘‘International Broadcasting

Operations’’, $485,823,000 for the fiscal year 2003.

(B) ALLOCATION OF FUNDS.—Of the amount authorized

to be appropriated by subparagraph (A) for the fiscal year

2003, there is authorized to be available for Radio Free

Asia $35,000,000 for the fiscal year 2003.

(2) BROADCASTING CAPITAL IMPROVEMENTS.—For ‘‘Broadcasting Capital Improvements’’, $13,740,000 for the fiscal year

2003.

(3) BROADCASTING TO CUBA.—For ‘‘Broadcasting to Cuba’’,

$25,923,000 for the fiscal year 2003.

(b) CONTINUATION OF ADDITIONAL AUTHORIZATION FOR BROADCASTING TO THE PEOPLE’S REPUBLIC OF CHINA AND NEIGHBORING

COUNTRIES.—Section 701 of Public Law 106–286 (22 U.S.C. 7001)

is amended—

(1) in subsection (a) by striking ‘‘2001’’ and inserting ‘‘2003’’;

and

(2) in subsection (b)(1), by striking ‘‘2001 and 2002’’ and

inserting ‘‘2001, 2002, and 2003’’.

(c) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR MIDDLE

EAST RADIO NETWORK OF VOICE OF AMERICA.—In addition to such

amounts as are made available for the Middle East Radio Network

of Voice of America pursuant to the authorization of appropriations

under subsection (a), there is authorized to be appropriated

$20,000,000 for the fiscal year 2003 for the Middle East Radio

Network of Voice of America.

TITLE II—DEPARTMENT OF STATE

AUTHORITIES AND ACTIVITIES

Subtitle A—Basic Authorities and

Activities

SEC. 201. EMERGENCY EVACUATION SERVICES.

Section 4(b)(2)(A) of the State Department Basic Authorities

Act of 1956 (22 U.S.C. 2671(b)(2)(A)) is amended to read as follows:

‘‘(A) the evacuation when their lives are endangered by

war, civil unrest, or natural disaster of—

‘‘(i) United States Government employees and their

dependents; and

‘‘(ii) private United States citizens or third-country

nationals, on a reimbursable basis to the maximum extent

practicable, with such reimbursements to be credited to

the applicable Department of State appropriation and to

remain available until expended, except that no reimbursement under this clause shall be paid that is greater than

the amount the person evacuated would have been charged

for a reasonable commercial air fare immediately prior

to the events giving rise to the evacuation;’’.

116 STAT. 1362 PUBLIC LAW 107–228—SEPT. 30, 2002

SEC. 202. SPECIAL AGENT AUTHORITIES.

(a) GENERAL AUTHORITY.—Section 37(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) is amended—

(1) by amending paragraph (2) to read as follows:

‘‘(2) obtain and execute search and arrest warrants, as

well as obtain and serve subpoenas and summonses issued

under the authority of the United States;’’;

(2) in paragraph (3)(F), by inserting ‘‘or President-elect’’

after ‘‘President’’; and

(3) by amending paragraph (5) to read as follows:

‘‘(5) make arrests without warrant for any offense against

the United States committed in their presence, or for any

felony cognizable under the laws of the United States if they

have reasonable grounds to believe that the person to be

arrested has committed or is committing such felony.’’.

(b) AGREEMENTS.—Section 37(b) of the State Department Basic

Authorities Act of 1956 (22 U.S.C. 2709(b)) is amended—

(1) by redesignating paragraph (2) as paragraph (3); and

(2) by striking ‘‘(b) AGREEMENT.—’’ and all that follows

through the end of paragraph (1) and inserting the following:

‘‘(b) AGREEMENTS WITH ATTORNEY GENERAL AND SECRETARY

OF THE TREASURY AND FIREARMS REGULATIONS.—

‘‘(1) AGREEMENT WITH ATTORNEY GENERAL.—The authority

conferred by paragraphs (1) and (4) of subsection (a) shall

be exercised subject to an agreement between the Secretary

and the Attorney General.

‘‘(2) AGREEMENT WITH ATTORNEY GENERAL AND SECRETARY

OF THE TREASURY.—The authority conferred by paragraphs (2)

and (5) of subsection (a) shall be exercised subject to an agreement among the Secretary, the Attorney General, and the Secretary of the Treasury.’’.

(c) IMPLEMENTATION OF SEARCH, SEIZURE, SERVICE, AND ARREST

AUTHORITY.—(1) The authority conferred by paragraphs (2) and

(5) of section 37(a) of the State Department Basic Authorities Act

of 1956, as amended by subsection (a), may not be exercised until

the date on which the Secretary—

(A) submits the agreement required by subsection (b)(2)

of section 37 of such Act to the appropriate congressional

committees; and

(B) publishes in the Federal Register a notice that the

agreement has been submitted in accordance with the requirements of subparagraph (A).

(2) The authority conferred by paragraphs (2) and (5) of subsection (a) of section 37 of the State Department Basic Authorities

Act of 1956, as in effect on the day before the date of the enactment

of this Act, may continue to be exercised until the date on which

the notice described in paragraph (1)(B) is published in the Federal

Register.

SEC. 203. INTERNATIONAL LITIGATION FUND.

Section 38 of the State Department Basic Authorities Act of

1956 (22 U.S.C. 2710) is amended by adding at the end the following

new subsection:

‘‘(e) RETENTION OF FUNDS.—

‘‘(1) IN GENERAL.—To reimburse the expenses of the United

States Government in preparing or prosecuting a proceeding

before an international tribunal, or a claim against a foreign

Federal Register,

publication.

22 USC 2709

note.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1363

government or other foreign entity, the Secretary may retain

1.5 percent of any amount between $100,000 and $5,000,000,

and one percent of any amount over $5,000,000, received per

claim under chapter 34 of the Act of February 27, 1896 (22

U.S.C. 2668a; 29 Stat. 32). ‘‘(2) TREATMENT.—Amounts retained under the authority

of paragraph (1) shall be deposited into the fund under subsection (d).’’.

SEC. 204. STATE DEPARTMENT RECORDS OF OVERSEAS DEATHS OF

UNITED STATES CITIZENS FROM NONNATURAL CAUSES.

Title I of the State Department Basic Authorities Act of 1956

(22 U.S.C. 2651a et seq.) is amended by adding at the end the

following new section:

‘‘SEC. 57. STATE DEPARTMENT RECORDS OF OVERSEAS DEATHS OF

UNITED STATES CITIZENS FROM NONNATURAL CAUSES.

‘‘(a) COLLECTION OF INFORMATION.—The Secretary shall, to the

maximum extent practicable, collect, with respect to each foreign

country, the following information with respect to each United

States citizen who dies in that country from a nonnatural cause

on or after the date of enactment of the Foreign Relations Authorization Act, Fiscal Year 2003:

‘‘(1) The date of death.

‘‘(2) The locality where the death occurred (including the

state or province and municipality, if available).

‘‘(3) The cause of death, including information on the circumstances of the death, and including, if the death resulted

from an act of terrorism, a statement disclosing that information.‘‘(4) Such other information as the Secretary shall prescribe. ‘‘(b) DATABASE.—The Secretary shall establish and maintain

a database containing the information collected under subsection

(a).

‘‘(c) PUBLIC AVAILABILITY OF INFORMATION.—Beginning three

months after the date of enactment of the Foreign Relations

Authorization Act, Fiscal Year 2003, the Secretary, shall make

available, on a country-by-country basis, on the Internet website

of the Department’s Bureau of Consular Affairs, the information

from the database described in subsection (b) with respect to deaths

occurring since the date of enactment of that Act, or occurring

during the preceding three calendar years, whichever period is

shorter. The information shall be updated at least every six

months.’’.

SEC. 205. FOREIGN RELATIONS HISTORICAL SERIES.

(a) ANNUAL REPORTS BY THE ADVISORY COMMITTEE.—Section

404(d) of the State Department Basic Authorities Act of 1956 (22

U.S.C. 4354(d)) is amended—

(1) by striking ‘‘REPORTING REQUIREMENT.—’’ and

inserting ‘‘ANNUAL REPORTS BY THE ADVISORY COMMITTEE.—

’’; and

(2) by inserting ‘‘and to the Committee on Foreign Relations

of the Senate and the Committee on International Relations

of the House of Representatives’’ after ‘‘Secretary of State’’.

(b) ANNUAL REPORTS BY THE SECRETARY.—Section 404(e) of

the State Department Basic Authorities Act of 1956 (22 U.S.C.

4354(e)) is amended to read as follows:

22 USC 2729.

116 STAT. 1364 PUBLIC LAW 107–228—SEPT. 30, 2002

‘‘(e) ANNUAL REPORTS BY THE SECRETARY.— ‘‘(1) IN GENERAL.—Not later than March 1 of each year,

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 on the compliance

of the Department of State with the provisions of this title,

including—

‘‘(A) the volumes published in the previous calendar

year;

‘‘(B) the degree to which the Department is not in

compliance with the deadline set forth in section 401(c);

and

‘‘(C) the factors relevant to the inability of the Department to comply with the provisions of this title, including

section 401(c).

‘‘(2) FORM OF REPORTS.—Each report required to be submitted by paragraph (1) shall be submitted in unclassified

form, together with a classified annex if necessary.’’.

SEC. 206. EXPANSION OF ELIGIBILITY FOR AWARD OF CERTAIN

CONSTRUCTION CONTRACTS.

(a) IN GENERAL.—Section 11(b)(4)(A) of the Foreign Service

Buildings Act, 1926 (22 U.S.C. 302(b)(4)(A)) is amended by inserting

‘‘or at a United States diplomatic or consular establishment abroad’’

after ‘‘United States’’.

(b) CONFORMING AMENDMENT.—Section 402(c)(2)(D) of the

Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22

U.S.C. 4852(c)(2)(D)) is amended by inserting ‘‘or at a United States

diplomatic or consular establishment abroad’’ after ‘‘United States’’.

SEC. 207. INTERNATIONAL CHANCERY CENTER.

Section 1 of the Act of October 8, 1968 (Public Law 90–553,

as amended; commonly known as the ‘‘International Center Act’’)

is amended—

(1) by redesignating clauses (a) and (b) as clauses (1) and

(2), respectively;

(2) by inserting ‘‘(a)’’ after ‘‘That’’; and

(3) by adding at the end the following new subsections:

‘‘(b) There is established in the Treasury of the United States

an account into which may be deposited funds provided as advance

payments pursuant to subsection (a).

‘‘(c) The Secretary of State may request the Secretary of the

Treasury to invest such portion of the funds deposited in that

account as is not, in the judgment of the Secretary of State, required

to meet the current needs of the account. Such investments shall

be made by the Secretary of the Treasury in public debt securities

with maturities suitable to the needs of the account, as determined

by the Secretary of State, and bearing interest at a rate determined

by the Secretary of the Treasury, taking into consideration the

current market yields on outstanding marketable obligations of

the United States of comparable maturity.’’.

SEC. 208. TRAVEL TO GREAT LAKES FISHERIES MEETINGS.

Section 4(c) of the Great Lakes Fisheries Act of 1956 (16 U.S.C.

933(c)) is amended—

(1) by striking ‘‘five’’ and inserting ‘‘ten’’; and

(2) by striking ‘‘each’’ and inserting ‘‘the annual’’.

82 Stat. 958.

Deadline.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1365

SEC. 209. CORRECTION OF FISHERMEN’S PROTECTIVE ACT OF 1967.

Section 7(a)(3) of the Fishermen’s Protective Act of 1967 (22

U.S.C. 1977(a)(3)) is amended by striking ‘‘Secretary of Commerce’’

and inserting ‘‘Secretary of State’’.

SEC. 210. USE OF FUNDS RECEIVED BY THE INTERNATIONAL

BOUNDARY AND WATER COMMISSION.

Section 5 of the Act entitled ‘‘An Act providing for a study

regarding the equitable use of the waters of the Rio Grande below

Fort Quitman, Texas, in cooperation with the United States of

Mexico’’, approved May 13, 1924 (22 U.S.C. 277d), is amended

by inserting ‘‘, the North American Development Bank, or the

Border Environment Cooperation Commission’’ after ‘‘United Mexican States’’.

SEC. 211. FEE COLLECTIONS RELATING TO INTERCOUNTRY ADOPTIONS AND AFFIDAVITS OF SUPPORT.

(a) ADOPTION FEES.—Section 403(b) of the Intercountry Adoption Act of 2000 (Public Law 106–279) is amended—

(1) in paragraph (2), by adding at the end the following

new sentence: ‘‘Such fees shall remain available for obligation

until expended.’’; and

(2) by striking paragraph (3).

(b) AFFIDAVIT OF SUPPORT FEES.—Section 232 of the Admiral

James W. Nance and Meg Donovan Foreign Relations Authorization

Act, Fiscal Years 2000 and 2001 (as enacted into law by section

1000(a)(7) of Public Law 106–113 and contained in appendix G

of that Act; 113 Stat. 1501A–425) is amended—

(1) in subsection (c), by adding at the end the following

new sentence: ‘‘Such fees shall remain available for obligation

until expended.’’; and

(2) by striking subsection (d).

SEC. 212. ANNUAL REPORTS ON COMPLIANCE WITH THE HAGUE

CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION.

Section 2803(a) of the Foreign Affairs Reform and Restructuring

Act of 1998 (as contained in division G of Public Law 105–277;

112 Stat. 2681–846) is amended by striking ‘‘during the period

ending September 30, 2001’’.

SEC. 213. REPEAL OF PROVISION REGARDING HOUSING FOR FOREIGN

AGRICULTURAL ATTACHES.

Section 738 of the Agriculture, Rural Development, Food and

Drug Administration, and Related Agencies Appropriations Act,

2001 (as enacted into law by Public Law 106–387; 114 Stat. 1549A– 34) is repealed.

SEC. 214. UNITED STATES POLICY WITH RESPECT TO JERUSALEM AS

THE CAPITAL OF ISRAEL.

(a) CONGRESSIONAL STATEMENT OF POLICY.—The Congress

maintains its commitment to relocating the United States Embassy

in Israel to Jerusalem and urges the President, pursuant to the

Jerusalem Embassy Act of 1995 (Public Law 104–45; 109 Stat.

398), to immediately begin the process of relocating the United

States Embassy in Israel to Jerusalem.

(b) LIMITATION ON USE OF FUNDS FOR CONSULATE IN JERU- SALEM.—None of the funds authorized to be appropriated by this

7 USC 1765d–1.

42 USC 11601

note.

8 USC 1183a

note.

42 USC 14943.

116 STAT. 1366 PUBLIC LAW 107–228—SEPT. 30, 2002

Act may be expended for the operation of a United States consulate

or diplomatic facility in Jerusalem unless such consulate or diplomatic facility is under the supervision of the United States Ambassador to Israel.

(c) LIMITATION ON USE OF FUNDS FOR PUBLICATIONS.—None

of the funds authorized to be appropriated by this Act may be

available for the publication of any official government document

which lists countries and their capital cities unless the publication

identifies Jerusalem as the capital of Israel.

(d) RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PUR- POSES.—For purposes of the registration of birth, certification of

nationality, or issuance of a passport of a United States citizen

born in the city of Jerusalem, the Secretary shall, upon the request

of the citizen or the citizen’s legal guardian, record the place of

birth as Israel.

SEC. 215. REPORT CONCERNING EFFORTS TO PROMOTE ISRAEL’S DIPLOMATIC RELATIONS WITH OTHER COUNTRIES.

(a) FINDINGS.—The Congress makes the following findings:

(1) Israel is a friend and ally of the United States whose

security is vital to regional stability and United States interests.

(2) Israel currently maintains diplomatic relations with

approximately 160 countries. Approximately 30 countries do

not have any diplomatic relations with Israel.

(3) The State of Israel has been actively seeking to establish

formal relations with a number of countries.

(4) The United States should assist its ally, Israel, in

its efforts to establish diplomatic relations.

(5) After more than 50 years of existence, Israel deserves

to be treated as an equal nation by its neighbors and the

world community.

(b) REPORT CONCERNING UNITED STATES EFFORTS TO PROMOTE

ISRAEL’S DIPLOMATIC RELATIONS WITH OTHER COUNTRIES.—Not

later than 60 days after the date of the enactment of this Act,

the Secretary shall submit a report to the appropriate congressional

committees that includes the following information (in classified

or unclassified form, as appropriate):

(1) Actions taken by the United States to encourage other

countries to establish full diplomatic relations with Israel.

(2) Specific responses solicited and received by the Secretary from countries that do not maintain full diplomatic relations with Israel with respect to the status of negotiations

to enter into diplomatic relations with Israel.

(3) Other measures being undertaken, and measures that

will be undertaken, by the United States to ensure and promote

Israel’s full participation in the world diplomatic community.

SEC. 216. CONTINUATION OF REPORTING REQUIREMENTS.

(a) REPORTS ON CLAIMS BY UNITED STATES FIRMS AGAINST

THE GOVERNMENT OF SAUDI ARABIA.—Section 2801(b)(1) of the Foreign Affairs Reform and Restructuring Act of 1998 (as enacted

by division G of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105–277) is amended

by striking ‘‘seventh’’ and inserting ‘‘eleventh’’.

(b) REPORTS ON DETERMINATIONS UNDER TITLE IV OF THE

LIBERTAD ACT.—Section 2802(a) of the Foreign Affairs Reform and

Restructuring Act of 1998 (as enacted by division G of the Omnibus

Consolidated and Emergency Supplemental Appropriations Act,

22 USC 6091

note.

Deadline.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1367

1999; Public Law 105–277) is amended by striking ‘‘September

30, 2001,’’ and inserting ‘‘September 30, 2003,’’.

(c) REPORT ON TERRORIST ACTIVITY IN WHICH UNITED STATES

CITIZENS WERE KILLED AND RELATED MATTERS.—Section 805(a)

of the Admiral James W. Nance and Meg Donovan Foreign Relations

Authorization Act, Fiscal Years 2000 and 2001 (section 805(a) 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–470) is

amended by striking ‘‘Not later’’ and all that follows through ‘‘2001,’’

and inserting ‘‘Not later than May 1, 2003, and not later than

May 1, 2004,’’.

Subtitle B—Educational, Cultural, and

Public Diplomacy Authorities

SEC. 221. FULBRIGHT-HAYS ACT AUTHORITIES.

Section 112(d) of the Mutual Educational and Cultural

Exchange Act of 1961 (22 U.S.C. 2460(d)) is amended—

(1) by inserting ‘‘(1)’’ immediately after ‘‘(d)’’; and

(2) by adding at the end the following:

‘‘(2) Notwithstanding paragraph (1), the Bureau may also exercise the authorities of this Act to administer programs authorized

by, or funded pursuant to, the FREEDOM Support Act, the Support

for East European Democracy Act, the Foreign Assistance Act of

1961, or any other Act authorizing educational or cultural exchanges

or activities, to the extent that such programs are consistent with

the purposes of this Act.’’.

SEC. 222. EXTENSION OF REQUIREMENT FOR SCHOLARSHIPS FOR

TIBETANS AND BURMESE.

Section 103(b)(1) of the Human Rights, Refugee, and Other

Foreign Relations Provisions Act of 1996 (Public Law 104–319;

22 U.S.C. 2151 note) is amended by striking ‘‘for the fiscal year

2000’’ and inserting ‘‘for the fiscal year 2003’’.

SEC. 223. PLAN FOR ACHIEVEMENT OF PUBLIC DIPLOMACY OBJECTIVES.

Not later than 180 days after the date of enactment of this

Act, the Secretary shall submit to the appropriate congressional

committees a report containing a plan for the Department designed

to achieve the following objectives:

(1) Full integration of public diplomacy policy into overall

policy formulation and implementation.

(2) Closer communication and policy coordination between

public diplomacy officers and other officers in the regional

bureaus of the Department and at overseas posts.

(3) The creation of channels of direct communication

between the public diplomacy officers in regional bureaus of

the Department and the Under Secretary of State for Public

Diplomacy.

(4) Minimizing any adverse consequences of public diplomacy officers in country posts reporting to the regional bureaus

of the Department.

22 USC 2452

note.

22 USC 2656f

note.

112 Stat.

2681–845.

116 STAT. 1368 PUBLIC LAW 107–228—SEPT. 30, 2002

SEC. 224. ADVISORY COMMITTEE ON CULTURAL DIPLOMACY.

(a) ESTABLISHMENT.—There is established an Advisory Committee on Cultural Diplomacy (in this section referred to as the

‘‘Advisory Committee’’), which shall be composed of nine members,

as follows:

(1) The Under Secretary of State for Public Diplomacy,

who shall serve as Chair.

(2) The Assistant Secretary of State for Educational and

Cultural Affairs.

(3) Seven members appointed pursuant to subsection (c).

(b) DUTIES.—The Advisory Committee shall advise the Secretary on programs and policies to advance the use of cultural

diplomacy in United States foreign policy. The Advisory Committee

shall, in particular, provide advice to the Secretary on—

(1) increasing the presentation abroad of the finest of the

creative, visual, and performing arts of the United States; and

(2) strategies for increasing public-private partnerships to

sponsor cultural exchange programs that promote the national

interests of the United States.

(c) APPOINTMENTS.—The members of the Advisory Committee

shall be appointed by the Secretary, not more than four of whom

shall be from the same political party, from among distinguished

Americans with a demonstrated record of achievement in the creative, visual, and performing arts, or international affairs. No officer

or employee of the United States shall be appointed to the Advisory

Committee.

(d) VACANCIES.—A vacancy in the membership of the Advisory

Committee shall be filled in the same manner as provided under

this subsection to make the original appointment.

(e) MEETINGS.—A majority of the members of the Advisory

Committee shall constitute a quorum. The Advisory Committee

shall meet at least twice each year or as frequently as may be

necessary to carry out its duties.

(f) ADMINISTRATIVE SUPPORT.—The Secretary is authorized to

provide the Advisory Committee with necessary administrative support from among the staff of the Bureau of Educational and Cultural

Affairs of the Department.

(g) COMPENSATION.—Members of the Advisory Committee shall

be allowed travel expenses, including per diem in lieu of subsistence,

at rates authorized for employees of agencies under subchapter

I of chapter 57 of title 5, United States Code, while away from

their homes or regular places of business in the performance of

services of the Advisory Committee.

(h) EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.—

The Federal Advisory Committee Act shall not apply to the Advisory

Committee to the extent that the provisions of this section are

inconsistent with that Act.

(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Department such sums as may be necessary to carry out this section.

(j) TERMINATION.—The Advisory Committee shall terminate

September 30, 2005.

22 USC 2451

note.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1369

SEC. 225. ALLOCATION OF FUNDS FOR ‘‘AMERICAN CORNERS’’ IN THE

RUSSIAN FEDERATION.

(a) FINDING.—Congress finds that joint ventures with host

libraries in the Russian Federation known as ‘‘American Corners’’

are an effective means—

(1) to provide information about United States history,

government, society, and values;

(2) to provide access to computers and the Internet; and

(3) to leverage United States assistance and exchange programs in the Russian Federation.

(b) ALLOCATION OF FUNDS.—Of the amount authorized to be

appropriated by section 112(1)(B) of this Act for the fiscal year

2003, $500,000 is authorized to be available for ‘‘American Corner’’

centers operating in the Russian Federation.

SEC. 226. REPORT RELATING TO COMMISSION ON SECURITY AND

COOPERATION IN EUROPE.

Section 5 of the Act entitled ‘‘An Act to establish a Commission

on Security and Cooperation in Europe’’ (22 U.S.C. 3005) is amended

to read as follows:

‘‘SEC. 5. In order to assist the Commission in carrying out

its duties, the Secretary of State shall submit to the Commission

an annual report discussing the overall United States policy objectives that are advanced through meetings of decision-making bodies

of the Organization for Security and Cooperation in Europe (OSCE),

the OSCE implementation review process, and other activities of

the OSCE. The report shall also include a summary of specific

United States policy objectives with respect to participating states

where there is particular concern relating to the implementation

of OSCE commitments or where an OSCE presence exists. Such

summary shall address the role played by OSCE institutions,

mechanisms, or field activities in achieving United States policy

objectives. Each annual report shall cover the period from January

1 to December 31, shall be submitted not more than 90 days

after the end of the reporting period, and shall be posted on the

Internet website of the Department of State.’’.

SEC. 227. AMENDMENTS TO THE VIETNAM EDUCATION FOUNDATION

ACT OF 2000.

(a) PURPOSES OF THE ACT.—Section 202 of the Vietnam Education Foundation Act of 2000 (title II of division B of H.R. 5666,

as enacted by section 1(a)(4) of Public Law 106–554 and contained

in appendix D of that Act; 114 Stat. 2763A-255) is amended—

(1) in paragraph (1)(A), by inserting ‘‘in the United States’’

after ‘‘technology)’’; and

(2) in paragraph (1)(B), by striking ‘‘appropriate Vietnamese institutions’’ and inserting ‘‘academic institutions in

Vietnam’’.

(b) ELECTION OF THE CHAIR.—Section 205(c) of such Act is

amended by inserting ‘‘voting members of the’’ after ‘‘The’’.

(c) DUTIES OF THE BOARD.—Section 205(e) of such Act is

amended by striking paragraphs (1) and (2) and inserting the

following:

‘‘(1) provide overall supervision and direction of the Foundation;

22 USC 2452

note.

Deadline.

116 STAT. 1370 PUBLIC LAW 107–228—SEPT. 30, 2002

‘‘(2) establish criteria for the eligibility of applicants,

including criteria established by section 206(b), and for the

selection of fellowship recipients; and

‘‘(3) select the fellowship recipients.’’.

(d) TREATMENT OF PRESIDENTIAL APPOINTEES TO THE BOARD

OF DIRECTORS.—Section 205 of such Act is amended—

(1) in subsection (f)—

(A) by amending paragraph (1) to read as follows:

‘‘(1) IN GENERAL.—Except as provided in paragraphs (2)

and (3), each member of the Board shall serve without compensation.’’; and

(B) by adding at the end the following new paragraph:

‘‘(3) COMPENSATION OF PRESIDENTIAL APPOINTEES.—The

members of the Board appointed under subsection (a)(6) shall

be paid at the daily equivalent of the rate of basic pay payable

for positions at level V of the Executive Schedule under section

5316 of title 5, United States Code, for each day (including

travel time) during which the member is engaged in the actual

performance of duties as a Board member.’’; and

(2) by adding at the end the following new subsection:

‘‘(g) TREATMENT OF PRESIDENTIAL APPOINTEES AS SPECIAL

GOVERNMENT EMPLOYEES.—The members of the Board appointed

under subsection (a)(6) shall be special Government employees,

as defined in section 202(a) of title 18, United States Code.’’.

(e) TRAVEL REGULATIONS.—Section 205 of such Act, as amended

by subsection (d), is further amended by adding at the end the

following new subsection:

‘‘(h) TRAVEL REGULATIONS.—Members of the Board shall be

subject to the same travel regulations as apply to officers and

employees of the Department of State.’’.

(f) VACANCIES.—Section 205(b) of such Act is amended by

adding at the end the following new paragraph:

‘‘(3)(A) Any member appointed to fill a vacancy prior to the

expiration of the term for which his or her predecessor was

appointed shall be appointed for the remainder of such term.

‘‘(B) Upon the expiration of his or her term of office, any

member may continue to serve until a successor is appointed.’’.

(g) ENGLISH PROFICIENCY.—Section 206(a)(2) of such Act is

amended to read as follows:

‘‘(2) SCIENTIFIC AND TECHNICAL VOCABULARY IN ENGLISH.—

Fellowships awarded to Vietnamese nationals under paragraph

(1) may include funding to improve English proficiency in a

fellowship recipient’s field of study.’’.

(h) SELECTION CRITERIA.—Section 206(b) of such Act is

amended—

(1) in paragraph (1), by striking ‘‘Vietnamese candidates

for fellowships’’ and inserting ‘‘Fellowship candidates from

Vietnam’’; and

(2) in paragraph (2), by striking ‘‘teaching candidates’’ and

inserting ‘‘candidates for teaching fellowships’’.

(i) ANNUAL REPORT.—Such Act is amended—

(1) in section 207(d), by striking ‘‘Board’’ and inserting

‘‘Secretary of the Treasury’’; and

(2) in section 209(b)—

(A) by striking ‘‘Foundation’’ and inserting ‘‘Board’’;

and

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1371

(B) by striking ‘‘its operations under this title’’ and

inserting ‘‘the operations of the Foundation under this title,

including the financial condition of the Foundation’’.

(j) COMPENSATION OF EXECUTIVE DIRECTOR.—Section 208(d) of

such Act is amended by striking ‘‘level V of the Executive Schedule

under section 5316’’ and inserting ‘‘level IV of the Executive

Schedule under section 5315’’.

(k) CLERICAL CORRECTIONS.—Such Act is amended—

(1) in section 206(d)—

(A) in the subsection heading, by striking ‘‘MATCHING’’

and inserting ‘‘COST-SHARING’’; and

(B) by striking ‘‘matching’’ and inserting ‘‘cost-sharing’’;

(2) in section 206(e)—

(A) by striking ‘‘proficiency’’ and inserting ‘‘progress’’;

and

(B) by inserting before the period at the end the following: ‘‘and applicable law’’;

(3) in section 208(a), by striking ‘‘Secretary’’ and inserting

‘‘Director’’;

(4) in section 208(d), by striking ‘‘title V’’ and inserting

‘‘title 5’’; and

(5) in section 209(a)(5), by striking ‘‘District of Columbia’’

and inserting ‘‘metropolitan Washington, D.C., area’’.

SEC. 228. ETHICAL ISSUES IN INTERNATIONAL HEALTH RESEARCH.

(a) IN GENERAL.—The Secretary shall make available funds

for international exchanges to provide opportunities to researchers

in developing countries to participate in activities related to ethical

issues in human subject research, as described in subsection (c).

(b) COORDINATION WITH OTHER PROGRAMS.—The Secretary

shall coordinate programs conducted pursuant to this section with

similar programs that may be conducted by the United States

Agency for International Development and other Federal agencies

as part of United States international health programs, particularly

with respect to research and treatment of infectious diseases.

(c) ETHICAL ISSUES IN HUMAN SUBJECT RESEARCH.—For purposes of subsection (a), the phrase ‘‘activities related to ethical

issues in human subject research’’ includes courses of study, conferences, and fora on development of and compliance with international ethical standards for clinical trials involving human subjects, particularly with respect to responsibilities of researchers

to individuals and local communities participating in such trials,

and on management and monitoring of such trials based on such

international ethical standards.

SEC. 229. CONFORMING AMENDMENTS.

Section 112(g) of the Mutual Educational and Cultural

Exchange Act of 1961 (22 U.S.C. 2460(g)) is amended—

(1) in paragraph (1), by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of State’’;

(2) in paragraph (3)—

(A) in subparagraph (A), by striking ‘‘Associate Director

for Educational and Cultural Affairs of the United States

Information Agency’’ and inserting ‘‘Assistant Secretary of

State for Educational and Cultural Affairs’’;

(B) by striking subparagraph (B); and

22 USC 2464.

116 STAT. 1372 PUBLIC LAW 107–228—SEPT. 30, 2002

(C) by redesignating subparagraphs (C), (D), (E), (F),

and (G) as subparagraphs (B), (C), (D), (E), and (F), respectively;

(3) in paragraph (5), by striking ‘‘United States Information

Agency’’ and inserting ‘‘Department of State’’;

(4) in paragraph (6)(G), by striking ‘‘United States Information Agency’’ and inserting ‘‘Department of State’’; and

(5) in paragraph (7), by striking ‘‘Director of the United

States Information Agency’’ and inserting ‘‘Secretary of State,

acting through the Under Secretary of State for Public Diplomacy’’.

Subtitle C—Consular Authorities

SEC. 231. REPORT ON VISA ISSUANCE TO INADMISSIBLE ALIENS.

Section 51(a) of the State Department Basic Authorities Act

of 1956 (22 U.S.C. 2723(a)) is amended—

(1) by inserting ‘‘(1) DENIAL OF VISAS.—’’ before ‘‘The Secretary’’; and

(2) by adding at the end the following:

‘‘(2) VISA ISSUANCE TO INADMISSIBLE ALIENS.—The Secretary shall, on a semiannual basis, submit to the appropriate

committees of the Congress a report describing every instance

during the period covered by the report in which a consular

post or the Visa Office of the Department of State issued

an immigrant or nonimmigrant visa to an alien who is inadmissible to the United States based upon terrorist activity or

failed to object to the issuance of an immigrant or nonimmigrant visa to an alien notwithstanding any such ground

of inadmissibility. The report shall set forth the name and

nationality of the alien, the issuing post, and a brief factual

statement of the basis for issuance of the visa or the failure

to object. The report may be submitted in classified or unclassified form.’’.

SEC. 232. DENIAL OF ENTRY INTO UNITED STATES OF CHINESE AND

OTHER NATIONALS ENGAGED IN COERCED ORGAN OR

BODILY TISSUE TRANSPLANTATION.

(a) DENIAL OF ENTRY.—Notwithstanding any other provision

of law and except as provided in subsection (b), the Secretary

shall direct consular officers not to issue a visa to any person

whom the Secretary finds, based on credible and specific information, to have been directly involved with the coercive transplantation

of human organs or bodily tissue, unless the Secretary has substantial grounds for believing that the foreign national has discontinued

his or her involvement with, and support for, such practices.

(b) EXCEPTION.—The prohibitions in subsection (a) do not apply

to an applicant who is a head of state, head of government, or

cabinet-level minister.

(c) WAIVER.—The Secretary may waive the prohibitions in subsection (a) with respect to a foreign national if the Secretary—

(1) determines that it is important to the national interest

of the United States to do so; and

(2) not later than 30 days after the issuance of a visa,

provides written notification to the appropriate congressional

committees containing a justification for the waiver.

Deadline.

8 USC 1182f.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1373

SEC. 233. PROCESSING OF VISA APPLICATIONS.

(a) IN GENERAL.—It shall be the policy of the Department

to process each visa application from an alien classified as an

immediate relative or as a K–1 nonimmigrant within 30 days of

the receipt of all necessary documents from the applicant and

the Immigration and Naturalization Service. In the case of an

immigrant visa application where the petitioner is a relative other

than an immediate relative, it should be the policy of the Department to process such an application within 60 days of the receipt

of all necessary documents from the applicant and the Immigration

and Naturalization Service.

(b) DEFINITIONS.—In this section:

(1) IMMEDIATE RELATIVE.—The term ‘‘immediate relative’’ has the meaning given the term in section 201(b)(2)(A)(i) of

the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)).

(2) K–1 NONIMMIGRANT.—The term ‘‘K–1 nonimmigrant’’ means a nonimmigrant alien described in section

101(a)(15)(K)(i) of the Immigration and Nationality Act (8

U.S.C. 1101(a)(15)(K)(i)).

SEC. 234. MACHINE READABLE VISAS.

Section 140(a) of the Foreign Relations Authorization Act, Fiscal

Years 1994 and 1995 (8 U.S.C. 1351 note) is amended by adding

at the end the following: ‘‘(3) For the fiscal year 2003, any amount that exceeds $460,000,000 may be made available only if a notification is

submitted to Congress in accordance with the procedures

applicable to reprogramming notifications under section 34 of

the State Department Basic Authorities Act of 1956.’’.

Subtitle D—Migration and Refugees

SEC. 241. PROHIBITION ON FUNDING THE INVOLUNTARY RETURN OF

REFUGEES.

Title I of the State Department Basic Authorities Act of 1956

(22 U.S.C. 2651a et seq.), as amended by section 204 of this Act,

is further amended by adding at the end the following new section:

‘‘SEC. 58. PROHIBITION ON FUNDING THE INVOLUNTARY RETURN OF

REFUGEES.

‘‘(a) PROHIBITION.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2),

none of the funds made available to the Department of State,

or the United States Emergency Refugee and Migration Assistance Fund established in section 2(c) of the Migration and

Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)), may be

available to effect the involuntary return by the United States

of any person to a country in which the person has a wellfounded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political

opinion. ‘‘(2) EXCEPTION.—The prohibition in paragraph (1) does

not apply to the return of any person on grounds recognized

as precluding protection as a refugee under the United Nations

Convention Relating to the Status of Refugees of July 28,

1951, and the Protocol Relating to the Status of Refugees

of January 31, 1967, subject to the reservations contained in

22 USC 2730.

Deadline.

8 USC 1201 note.

116 STAT. 1374 PUBLIC LAW 107–228—SEPT. 30, 2002

the United States Senate resolution of advice and consent to

ratification of the Protocol.

‘‘(b) CONGRESSIONAL NOTIFICATION REQUIRED IN ALL CASES.— None of the funds made available to the Department of State,

or the United States Emergency Refugee and Migration Assistance

Fund established in section 2(c) of the Migration and Refugee

Assistance Act of 1962 (22 U.S.C. 2601(c)), may be available to

effect the involuntary return by the United States of any person

to any country unless the Secretary first notifies the appropriate

congressional committees, except that, in the case of an emergency

involving a threat to human life, the Secretary shall notify the

appropriate congressional committees as soon as practicable. ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this section shall

be construed as affecting activities of the Department of State

that relate to removal proceedings under the Immigration and

Nationality Act or extradition. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means the Committee

on Foreign Relations of the Senate and the Committee on

International Relations of the House of Representatives. ‘‘(2) TO EFFECT THE INVOLUNTARY RETURN.—The term ‘‘to

effect the involuntary return’’ means to require, by means of

physical force or circumstances amounting to a threat thereof,

a person to return to a country against the person’s will, regardless of whether the person is physically present in the United

States and regardless of whether the United States acts directly

or through an agent.’’.

SEC. 242. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL

ORGANIZATION FOR MIGRATION.

Section 2(a) of the Migration and Refugee Assistance Act of

1962 (22 U.S.C. 2601(a)) is amended to read as follows: ‘‘(a)(1) The President is authorized to continue membership

for the United States in the International Organization for Migration in accordance with the constitution of such organization

approved in Venice, Italy, on October 19, 1953, as amended in

Geneva, Switzerland, on November 24, 1998, upon entry into force

of such amendments. ‘‘(2) For the purpose of assisting in the movement of refugees

and migrants, there are authorized to be appropriated to the President such amounts as may be necessary from time to time for

payment by the United States of its contributions to the International Organization for Migration and all necessary salaries and

expenses incidental to United States participation in such organization.’’.

SEC. 243. REPORT ON OVERSEAS REFUGEE PROCESSING.

(a) REPORT ON OVERSEAS REFUGE PROCESSING.—Not later than

120 days after the date of the enactment of this Act, the Secretary

shall submit to the appropriate congressional committees a report

on overseas processing of refugees for admission to the United

States.

(b) CONTENTS.—The report shall include the following detailed

information:

(1) United States procedures for the identification of refugees who are particularly vulnerable or whose individual circumstances otherwise suggest an urgent need for resettlement,

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1375

including the extent to which the Department now insists on

referral by the United Nations High Commissioner for Refugees

as a prerequisite to consideration of such refugees for resettlement in the United States, together with a plan for the

expanded use of alternatives to such referral, including the

use of field-based nongovernmental organizations to identify

refugees in urgent need of resettlement.

(2) The extent to which the Department makes use in

overseas refugee processing of the designation of groups of

refugees who are of special concern to the United States,

together with the reasons for any decline in such use over

the last 10 years and a plan for making more generous use

of such categories in the future.

(3) The extent to which the United States currently provides opportunities for resettlement in the United States of

individuals who are close family members of citizens or lawful

residents of the United States, together with the reasons for

any decline in the extent of such provision over the last 10

years and a plan for expansion of such opportunities in the

future.

(4) The extent to which opportunities for resettlement in

the United States are currently provided to ‘‘urban refugees’’

and others who do not currently reside in refugee camps,

together with a plan for increasing such opportunities, particularly for refugees who are in urgent need of resettlement,

who are members of refugee groups of special interest to the

United States, or who are close family members of United

States citizens or lawful residents.

(5) The Department’s assessment of the feasibility and

desirability of modifying the Department’s current list of refugee priorities to create an additional category for refugees

whose need for resettlement is based on a long period of residence in a refugee camp with no immediate prospect of safe

and voluntary repatriation to their country of origin or last

permanent residence.

(6) The extent to which the Department uses private voluntary agencies to assist in the identification of refugees for

admission to the United States, including the Department’s

assessment of the advantages and disadvantages of private

voluntary agencies, the reasons for any decline in the Department’s use of voluntary agencies over the last 10 years, and

a plan for the expanded use of such agencies.

(7) The extent to which the per capita reception and placement grant to voluntary agencies assisting in resettlement of

refugees has increased over the last 10 years commensurate

with the cost to such agencies of providing such services.

(8) An estimate of the cost of each change in current

practice or procedure discussed in the report, together with

an estimate of any increase in the annual refugee admissions

ceiling that would be necessary to implement each change.

116 STAT. 1376 PUBLIC LAW 107–228—SEPT. 30, 2002

TITLE III—ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF

STATE

Subtitle A—Organizational Matters

SEC. 301. COMPREHENSIVE WORKFORCE PLAN.

(a) WORKFORCE PLAN.—Not later than 180 days after the date

of the enactment of this Act, the Secretary shall submit to the

appropriate congressional committees a comprehensive workforce

plan for the Department for the fiscal years 2003 through 2007.

The plan shall consider personnel needs in both the Civil Service

and the Foreign Service and expected domestic and overseas personnel allocations. The workforce plan should set forth— (1) the detailed mission of the Department;

(2) the definition of work to be done;

(3) a description of cyclical personnel needs based on

expected retirements and attrition; and

(4) a statement of the time required to hire, train, and

deploy new personnel.

(b) DOMESTIC STAFFING MODEL.—Not later than one year after

the date of the enactment of this Act, the Secretary shall compile

and submit to the appropriate congressional committees a domestic

staffing model for the Department.

SEC. 302. ‘‘RIGHTSIZING’’ OVERSEAS POSTS.

(a) ‘‘RIGHTSIZING’’ AT THE DEPARTMENT OF STATE.—

(1) IN GENERAL.—The Secretary shall establish a task force

within the Department on the issue of ‘‘rightsizing’’ overseas

posts.

(2) PRELIMINARY REPORT.—Not later than 120 days after

the date of the enactment of this Act, the Secretary shall

submit to the appropriate congressional committees a report

that outlines the status, plans, and activities of the task force.

In addition to such other information as the Secretary considers

appropriate, the report shall include the following:

(A) The objectives of the task force.

(B) Measures for achieving the objectives under

subparagraph (A).

(C) Identification of the official of the Department with

primary responsibility for the issue of ‘‘rightsizing’’.

(D) The plans of the Department for the reallocation

of staff and resources based on changing needs at overseas

posts and in the metropolitan Washington, D.C., area.

(3) REPORT.—Not later than one year after the date of

the enactment of this Act, the Secretary shall submit to the

appropriate congressional committees a report reviewing the

activities and progress of the task force established under paragraph (1).

(b) INTERAGENCY WORKING GROUP.—

(1) ESTABLISHMENT.—The Secretary shall establish an

interagency working group on the issue of ‘‘rightsizing’’ the

overseas presence of the United States Government.

(2) PRELIMINARY REPORT.—Not later than 120 days after

the date of the enactment of this Act, the Secretary shall

Establishment.

Deadlines.

22 USC 2651a

note.

Deadlines.

22 USC 2651a

note.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1377

submit to the appropriate congressional committees a report

which outlines the status, plans, and activities of the interagency working group. In addition to such other information

as the Secretary considers appropriate, the report shall include

the following:

(A) The objectives of the working group.

(B) Measures for achieving the objectives under

subparagraph (A).

(C) Identification of the official of each agency with

primary responsibility for the issue of ‘‘rightsizing’’.

(3) REPORT.—Not later than 180 days after the date of

the enactment of this Act, the Secretary shall submit to the

appropriate congressional committees a report reviewing the

activities and progress of the working group established under

paragraph (1).

SEC. 303. QUALIFICATIONS OF CERTAIN OFFICERS OF THE DEPARTMENT OF STATE.

Section 1 of the State Department Basic Authorities Act of

1956 (22 U.S.C. 2651a) is amended—

(1) by striking subsections (f) and (g); and

(2) by inserting after subsection (e) the following new subsection:

‘‘(f) QUALIFICATIONS OF CERTAIN OFFICERS OF THE DEPARTMENT

OF STATE.—

‘‘(1) OFFICER HAVING PRIMARY RESPONSIBILITY FOR PERSONNEL MANAGEMENT.—The officer of the Department of State

with primary responsibility for assisting the Secretary with

respect to matters relating to personnel in the Department

of State, or that officer’s principal deputy, shall have substantial

professional qualifications in the field of human resource policy

and management. ‘‘(2) OFFICER HAVING PRIMARY RESPONSIBILITY FOR DIPLO- MATIC SECURITY.—The officer of the Department of State with

primary responsibility for assisting the Secretary with respect

to diplomatic security, or that officer’s principal deputy, shall

have substantial professional qualifications in the fields of (A)

management, and (B) Federal law enforcement, intelligence,

or security.

‘‘(3) OFFICER HAVING PRIMARY RESPONSIBILITY FOR INTERNATIONAL NARCOTICS AND LAW ENFORCEMENT.—The officer of

the Department of State with primary responsibility for

assisting the Secretary with respect to international narcotics

and law enforcement, or that officer’s principal deputy, shall

have substantial professional qualifications in the fields of (A)

management, and (B) law enforcement or international narcotics policy.’’.

Subtitle B—Personnel Matters

SEC. 311. THOMAS JEFFERSON STAR FOR FOREIGN SERVICE.

Section 36A of the State Department Basic Authorities Act

of 1956 (22 U.S.C. 2708a) is amended—

(1) in the section heading, by striking ‘‘FOREIGN SERVICE

STAR’’ and inserting ‘‘THOMAS JEFFERSON STAR FOR FOREIGN

SERVICE’’; and

116 STAT. 1378 PUBLIC LAW 107–228—SEPT. 30, 2002

(2) by striking ‘‘Foreign Service star’’ each place it appears

and inserting ‘‘Thomas Jefferson Star for Foreign Service’’.

SEC. 312. PRESIDENTIAL RANK AWARDS.

(a) COMPARABLE PAYMENTS.—Section 405(b)(3) of the Foreign

Service Act of 1980 (22 U.S.C. 3965(b)(3)) is amended by striking

the second sentence and inserting ‘‘Payments under this paragraph

to a member of the Senior Foreign Service may not exceed, in

any fiscal year, the percentage of basic pay established under section

4507(e)(1) of title 5, United States Code, for a Meritorious Executive,

except that payments of the percentage of the basic pay established

under section 4507(e)(2) of such title for Distinguished Executives

may be made in any fiscal year to up to 1 percent of the members

of the Senior Foreign Service.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect October 1, 2002.

SEC. 313. FOREIGN SERVICE NATIONAL SAVINGS FUND.

Section 408(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.

3968(a)(1)) is amended in the third sentence by striking ‘‘(C)’’ and

all that follows through ‘‘covered employees.’’ and inserting ‘‘(C)

payments by the Government and employees to (i) a trust or other

fund in a financial institution in order to finance future benefits

for employees, including provision for retention in the fund of

accumulated interest and dividends for the benefit of covered

employees; or (ii) a Foreign Service National Savings Fund established in the Treasury of the United States, which (I) shall be

administered by the Secretary, at whose direction the Secretary

of the Treasury shall invest amounts not required for the current

needs of the Fund; and (II) shall be public monies, which are

authorized to be appropriated and remain available without fiscal

year limitation to pay benefits, to be invested in public debt obligations bearing interest at rates determined by the Secretary of

the Treasury taking into consideration current average market

yields on outstanding marketable obligations of the United States

of comparable maturity, and to pay administrative expenses.’’.

SEC. 314. CLARIFICATION OF SEPARATION FOR CAUSE.

(a) IN GENERAL.—Section 610(a) of the Foreign Service Act

of 1980 (22 U.S.C. 4010(a)) is amended—

(1) in paragraph (1), by inserting ‘‘decide to’’ after ‘‘may’’;

(2) by striking paragraphs (2), (3), (4), (5), and (6); and

(3) by inserting after paragraph (1) the following:

‘‘(2)(A) Except as provided in subparagraph (B), whenever the

Secretary decides under paragraph (1) to separate, on the basis

of misconduct, any member of the Service (other than a United

States citizen employed under section 311 of the Foreign Service

Act of 1980 who is not a family member) who either—

‘‘(i) is serving under a career appointment, or

‘‘(ii) is serving under a limited appointment,

the member may not be separated from the Service until the

member receives a hearing before the Foreign Service Grievance

Board and the Board decides that cause for separation has been

established, unless the member waives, in writing, the right to

such a hearing, or the member’s appointment has expired, whichever is sooner.

‘‘(B) The right to a hearing in subparagraph (A) does not

apply in the case of an individual who has been convicted of a

22 USC 3965

note.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1379

crime for which a sentence of imprisonment of more than one

year may be imposed. ‘‘(3) If the Board decides that cause for separation has not

been established, the Board may direct the Department to pay

reasonable attorneys’ fees to the extent and in the manner provided

by section 1107(b)(5). The hearing provided under this paragraph

shall be conducted in accordance with the hearing procedures

applicable to grievances under section 1106 and shall be in lieu

of any other administrative procedure authorized or required by

this or any other Act. Section 1110 shall apply to proceedings

under this paragraph.

‘‘(4) Notwithstanding the hearing required by paragraph (2),

at the time that the Secretary decides to separate a member of

the Service for cause, the member shall be placed on leave without

pay. If the member does not waive the right to a hearing, and

the Board decides that cause for separation has not been established, the member shall be reinstated with back pay.’’.

(b) CONFORMING AMENDMENTS.—Section 1106(8) of the Foreign

Service Act of 1980 (22 U.S.C. 4136(8)) is amended—

(1) in the first sentence—

(A) by striking ‘‘the involuntary separation of the grievant,’’; and

(B) by striking ‘‘grievant, or’’ and inserting ‘‘grievant

or’’; and

(2) by striking the last sentence.

SEC. 315. DEPENDENTS ON FAMILY VISITATION TRAVEL.

(a) IN GENERAL.—Section 901(8) of the Foreign Service Act

of 1980 (22 U.S.C. 4081(8)) is amended by striking ‘‘Service’’ and

inserting ‘‘Service, and members of his or her family,’’.

(b) PROMULGATION OF GUIDANCE.—The Secretary shall promulgate guidance for the implementation of the amendment made

by subsection (a) to ensure its implementation in a manner which

does not substantially increase the total amount of travel expenses

paid or reimbursed by the Department for travel under section

901 of the Foreign Service Act of 1980 (22 U.S.C. 4081).

(c) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect on the date on which guidance for implementation

of such amendment is issued by the Secretary.

SEC. 316. HEALTH EDUCATION AND DISEASE PREVENTION PROGRAMS.

Section 904(b) of the Foreign Service Act of 1980 (22 U.S.C.

4084(b)) is amended by striking ‘‘families, and (3)’’ and inserting

‘‘families, (3) health education and disease prevention programs

for all employees, and (4)’’.

SEC. 317. CORRECTION OF TIME LIMITATION FOR GRIEVANCE FILING.

Section 1104(a) of the Foreign Service Act of 1980 (22 U.S.C.

4134(a)) is amended in the first sentence by striking ‘‘but in no

case less than two years’’ and inserting ‘‘but in no case more

than three years’’.

SEC. 318. TRAINING AUTHORITIES.

Section 2205 of the Foreign Affairs Reform and Restructuring

Act of 1998 (as enacted by division G of Public Law 105–277;

112 Stat. 2681–808) is amended—

(1) in the section heading, by striking ‘‘PILOT’’;

(2) by striking subsection (a)(3); and 22 USC 4021 and

note.

22 USC 4801

note.

22 USC 4801

note.

116 STAT. 1380 PUBLIC LAW 107–228—SEPT. 30, 2002

(3) by striking subsection (c).

SEC. 319. UNACCOMPANIED AIR BAGGAGE.

Section 5924(4)(B) of title 5, United States Code, is amended

by inserting after the first sentence the following: ‘‘At the election

of the employee, in lieu of the transportation of the baggage of

a dependent from the dependent’s school, the costs incurred to

store the baggage at or in the vicinity of the school during the

dependent’s annual trip between the school and the employee’s

duty station may be paid or reimbursed to the employee, except

that the amount of the payment or reimbursement may not exceed

the cost that the Government would incur to transport the baggage.’’.

SEC. 320. EMERGENCY MEDICAL ADVANCE PAYMENTS.

Section 5927 of title 5, United States Code, is amended—

(1) by amending subsection (a)(3) to read as follows:

‘‘(3) to an employee compensated pursuant to section 408

of the Foreign Service Act of 1980, who—

‘‘(A) pursuant to United States Government authorization is located outside the country of employment; and

‘‘(B) requires medical treatment outside the country

of employment in circumstances specified by the President

in regulations.’’; and

(2) in subsection (b), by striking ‘‘appointed’’ and inserting

‘‘hired’’.

SEC. 321. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE

PERFORMED ABROAD.

(a) RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE

PERFORMED ABROAD.—Subject to subsection (b)(1), credit under

chapter 84 of title 5, United States Code, shall be allowed for

any service performed by an individual if or to the extent that—

(1) it was performed by such individual—

(A) after December 31, 1988, and before May 24, 1998;

(B) at a United States diplomatic mission, consular

post (other than a consular agency), or other Foreign

Service post abroad; and

(C) under a temporary appointment pursuant to sections 309 and 311 of the Foreign Service Act of 1980

(22 U.S.C. 3949 and 3951);

(2) at the time of performing such service, such individual

would have satisfied all eligibility requirements under regulations of the Department (as in effect on the date of the enactment of this Act) for a family member limited noncareer

appointment (within the meaning of such regulations, as in

effect on such date of enactment), except that, in applying

this paragraph, an individual not employed by the Department

while performing such service shall be treated as if then so

employed;

(3) such service would have been creditable under section

8411(b)(3) of such title 5 if—

(A) the service had been performed before January

1, 1989; and

(B) the deposit requirements of section 8411(f) of such

title 5 had been met with respect to such service;

5 USC 8411 note.

22 USC 2725

note.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1381

(4) such service would not otherwise be creditable under

the Federal Employees’ Retirement System or any other retirement system for employees of the United States Government

(disregarding title II of the Social Security Act); and

(5) the total amount of service performed by such individual

(satisfying paragraphs (1) through (4)) is not less than 90

days.

(b) REQUIREMENTS.— (1) REQUIREMENTS OF THE INDIVIDUAL.—In order to receive

credit under chapter 84 of title 5, United States Code, for

any service described in subsection (a), the individual who

performed such service (or, if deceased, any person who is

or would be eligible for a survivor annuity under the Federal

Employees’ Retirement System based on the service of such

individual)—(A) shall file a written application with the Office

of Personnel Management not later than 36 months after

the effective date of the regulations prescribed to carry

out this section (as specified in those regulations); and

(B) shall remit to the Office (for deposit in the Treasury

of the United States to the credit of the Civil Service

Retirement and Disability Fund) the total amount that,

under section 8422 of such title 5, should have been

deducted from the basic pay of such individual for such

service if such service had then been creditable under

such chapter 84.

(2) GOVERNMENT CONTRIBUTIONS.—

(A) IN GENERAL.—In addition to any other payment

that it is required to make under chapter 84 of title 5,

United States Code, a department, agency, or other

instrumentality of the United States shall remit to the

Office of Personnel Management (for deposit in the

Treasury of the United States to the credit of the Fund)

the amount described in subparagraph (B).

(B) AMOUNT DESCRIBED.—The amount described in this

subparagraph is, with respect to a remittance under paragraph (1), the total amount of Government contributions

that would, under section 8423 of title 5, United States

Code, have been required of the instrumentality involved

(to the extent that it was the employing entity during

the period of service to which such remittance relates)

in connection with such service.

(C) SPECIAL RULE.—If an amount cannot be remitted

under this paragraph because an instrumentality has

ceased to exist, such amount shall instead be treated as

part of the supplemental liability referred to in section

8423(b)(1) (A) or (B) of title 5, United States Code (whichever would be appropriate).

(3) RELATED REQUIREMENTS.—Any remittance under paragraph (1) or (2)—

(A) shall be made in such time, form, and manner

as the Office of Personnel Management may by regulation

require; and

(B) shall be computed with interest (in accordance

with section 8334(e) of title 5, United States Code, and

such requirements as the Office may by regulation prescribe).

Deadline.

116 STAT. 1382 PUBLIC LAW 107–228—SEPT. 30, 2002

(4) NOTIFICATION AND ASSISTANCE REQUIREMENTS.—

(A) IN GENERAL.—The Office of Personnel Management

shall take such action as may be necessary and appropriate

to inform individuals entitled to have any service credited

under this section, or to have any annuity computed or

recomputed under this section, of their entitlement to such

credit, computation, or recomputation.

(B) ASSISTANCE TO INDIVIDUALS.—The Office shall, on

request, assist any individual referred to in subparagraph

(A) in obtaining from any department, agency, or other

instrumentality of the United States such information in

the possession of such instrumentality as may be necessary

to verify the entitlement of such individual to have any

service credited, or to have any annuity computed or recomputed, pursuant to this section.

(C) ASSISTANCE FROM INSTRUMENTALITIES.—Any

department, agency, or other instrumentality of the United

States that possesses any information with respect to any

service described in subsection (a) shall, at the request

of the Office, furnish such information to the Office.

(c) DEFINITIONS.—In this section:

(1) ABROAD.—The term ‘‘abroad’’ has the meaning given

such term under section 102 of the Foreign Service Act of

1980 (22 U.S.C. 3902).

(2) BASIC PAY.—The term ‘‘basic pay’’ has the meaning

given such term under section 8401 of title 5, United States

Code.

(3) CIVIL SERVICE RETIREMENT AND DISABILITY FUND.—The

term ‘‘Civil Service Retirement and Disability Fund’’ or ‘‘Fund’’

means the Civil Service Retirement and Disability Fund under

section 8348 of title 5, United States Code.

(4) TEMPORARY APPOINTMENT.—The term ‘‘temporary

appointment’’ means an appointment that is limited by its

terms to a period of one year or less.

(d) RULE OF CONSTRUCTION.—Nothing in this section shall be

considered to permit or require the making of any contributions

to the Thrift Savings Fund that would not otherwise have been

permitted or required had this section not been enacted.

(e) APPLICABILITY.—

(1) ANNUITIES COMMENCING ON OR AFTER EFFECTIVE DATE

OF IMPLEMENTING REGULATIONS.—An annuity or survivor

annuity—

(A) which is based on the service of an individual

who performed service described in subsection (a), and

(B) which commences on or after the effective date

of the regulations prescribed to carry out this section (as

determined under subsection (b)(1)(A)),

shall (subject to subsection (b)(1)) be computed taking into

account all service described in subsection (a) that was performed by such individual.

(2) ANNUITIES WITH COMMENCEMENT DATE PRECEDING

EFFECTIVE DATE OF IMPLEMENTING REGULATIONS.—

(A) RECOMPUTATION CASES.—An annuity or survivor

annuity—

(i) which is based on the service of an individual

who performed service described in subsection (a), and

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1383

(ii) which commences before the effective date

referred to in paragraph (1)(B),

shall (subject to subsection (b)(1)) be recomputed taking

into account all service described in subsection (a) that

was performed by such individual.

(B) OTHER CASES.—An annuity or survivor annuity— (i) which is based on the service of an individual

who performed service described in subsection (a),

(ii) the requirements for entitlement which could

not be met without taking into account service

described in subsection (a), and

(iii) which (if service described in subsection (a)

had been taken into account, and an appropriate

application been submitted) would have commenced

before the effective date referred to in paragraph (1)(B),

shall (subject to subsection (b)(1)) be computed taking into

account all service described in subsection (a) that was

performed by such individual.

(C) RETROACTIVE EFFECT.—Any computation or

recomputation of an annuity or survivor annuity pursuant

to this paragraph shall—

(i) if pursuant to subparagraph (A), be effective

as of the commencement date of the annuity or survivor

annuity involved; and

(ii) if pursuant to subparagraph (B), be effective

as of the commencement date that would have applied

if application for the annuity or survivor annuity

involved had been submitted on the earliest date possible in order for it to have been approved.

(D) LUMP-SUM PAYMENT.—Any amounts which by

virtue of subparagraph (C) are payable for any months

preceding the first month (on or after the effective date

referred to in paragraph (1)(B)) as of which annuity or

survivor annuity payments become payable fully reflecting

the computation or recomputation under subparagraph (A)

or (B) (as the case may be) shall be payable in the form

of a lump-sum payment.

(E) ORDER OF PRECEDENCE.—Section 8424(d) of title

5, United States Code, shall apply in the case of any

payment under subparagraph (D) payable to an individual

who has died.

(f) IMPLEMENTATION.—The Office of Personnel Management,

in consultation with the Secretary, shall prescribe such regulations

and take such action as may be necessary and appropriate to

implement this section.

SEC. 322. COMPUTATION OF FOREIGN SERVICE RETIREMENT ANNUITIES AS IF WASHINGTON, D.C., LOCALITY-BASED COMPARABILITY PAYMENTS WERE MADE TO OVERSEAS-STATIONED FOREIGN SERVICE MEMBERS.

(a) FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM.— (1) COMPUTATION OF ANNUITIES.—Section 806(a) of the Foreign Service Act of 1980 (22 U.S.C. 4046(a)) is amended by

adding at the end the following new paragraph:

‘‘(9) For purposes of any annuity computation under this subsection, the basic salary or basic pay of any member of the Service

whose official duty station is outside the continental United States

Regulations.

116 STAT. 1384 PUBLIC LAW 107–228—SEPT. 30, 2002

shall be considered to be the salary or pay that would have been

paid to the member had the member’s official duty station been

Washington, D.C., including locality-based comparability payments

under section 5304 of title 5, United States Code, that would have

been payable to the member if the member’s official duty station

had been Washington, D.C.’’.

(2) GOVERNMENT CONTRIBUTIONS AND INDIVIDUAL DEDUCTIONS AND WITHHOLDINGS.—Section 805(a) of the Foreign

Service Act of 1980 (22 U.S.C. 4045(a)) is amended—

(A) in paragraph (1)—

(i) in the first sentence, by striking ‘‘7’’ and

inserting ‘‘7.25’’; and

(ii) in the second sentence, by striking ‘‘An equal

amount shall be contributed by the Department’’ and

inserting ‘‘The contribution by the employing agency

shall be a percentage of basic salary equal to the

percentage in effect under section 7001(d)(1) of the

Balanced Budget Act of 1997 (Public Law 105–33; 22

U.S.C. 4045 note), and section 505(h) of the Department of Transportation and Related Agencies Appropriations Act, 2001 (as enacted by Public Law 106–

346; 114 Stat. 1356A–54), plus .25 percent of basic

salary, and shall be made’’;

(B) in paragraph (2)—

(i) in subparagraph (A), by inserting at the end

of the first sentence ‘‘, plus an amount equal to .25

percent of basic pay’’; and

(ii) in subparagraph (B), by inserting at the end

of the first sentence ‘‘, plus an amount equal to .25

percent of basic pay’’;

(C) in paragraphs (1) and (2), by striking ‘‘Department’’

each place it appears and inserting ‘‘employing agency’’;

and

(D) in paragraph (3), by inserting at the end of the

first sentence ‘‘, plus .25 percent’’.

(b) FOREIGN SERVICE PENSION SYSTEM.—

(1) COMPUTATION OF ANNUITIES.—Section 855(a) of the Foreign Service Act of 1980 (22 U.S.C. 4071d(a)) is amended by

adding at the end the following new paragraph:

‘‘(3) For purposes of any annuity computation under this subsection, the average pay (as used in section 8414 of title 5, United

States Code) of any member of the Service whose official duty

station is outside the continental United States shall be considered

to be the salary that would have been paid to the member had

the member’s official duty station been Washington, D.C., including

locality-based comparability payments under section 5304 of title

5, United States Code, that would have been payable to the member

if the member’s official duty station had been Washington, D.C.’’.

(2) INDIVIDUAL DEDUCTIONS AND WITHHOLDINGS.—Section

856(a)(2) of the Foreign Service Act of 1980 (22 U.S.C.

4071e(a)(2)) is amended by striking:

‘‘7.5 .......................................................... After December 31, 2000.’’

and inserting the following:

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1385

‘‘7.55 ........................................................ After January 11, 2003.’’.

(c) EFFECTIVE DATES.— (1) COMPUTATION OF ANNUITIES.—The amendments made

by subsections (a)(1) and (b)(1) shall apply to service performed

on or after the first day of the first pay period beginning

on or after the date that is 90 days after the date of enactment

of this Act.

(2) GOVERNMENT CONTRIBUTIONS AND INDIVIDUAL DEDUC- TIONS AND WITHHOLDINGS.—The amendments made by subsections (a)(2) and (b)(2) shall take effect with the first pay

period beginning on or after the date that is 90 days after

the date of enactment of this Act.

SEC. 323. PLAN FOR IMPROVING RECRUITMENT OF VETERANS INTO

THE FOREIGN SERVICE.

(a) IN GENERAL.—Not later than 180 days after the date of

enactment of this Act, the Secretary shall submit to the appropriate

congressional committees a report containing a plan for the Department to improve the recruitment of veterans for the career Foreign

Service. The plan shall— (1) address personnel issues relevant to such recruitment

efforts; and

(2) include proposals for improving coordination between

the Department and the Departments of Defense, Transportation, and Veterans Affairs in promoting the recruitment of

veterans to the career Foreign Service.

(b) DEFINITION.—In this section, the term ‘‘veterans’’ has the

meaning given that term in section 101(2) of title 38, United States

Code.

SEC. 324. REPORT CONCERNING MINORITY EMPLOYMENT.

On April 1, 2003, and April 1, 2004, the Secretary shall submit

a comprehensive report to Congress, with respect to the preceding

calendar year, concerning the employment of members of minority

groups at the Department, including the Civil Service and the

Foreign Service. The report shall include the following data

(reported in terms of real numbers and percentages and not as

ratios):

(1) For the last preceding Foreign Service examination

and promotion cycles for which such information is available—

(A) the numbers and percentages of members of all

minority groups taking the written Foreign Service examination;

(B) the numbers and percentages of members of all

minority groups successfully completing and passing the

written Foreign Service examination;

(C) the numbers and percentages of members of all

minority groups successfully completing and passing the

oral Foreign Service examination;

(D) the numbers and percentages of members of all

minority groups entering the junior officer class of the

Foreign Service;

(E) the numbers and percentages of members of all

minority groups who are Foreign Service officers at each

grade; and

22 USC 2651a

note.

Deadline.

22 USC 4045

note.

22 USC 4046

note.

116 STAT. 1386 PUBLIC LAW 107–228—SEPT. 30, 2002

(F) the numbers and percentages of members of all

minority groups promoted to each grade of the Foreign

Service.

(2) For the last preceding year for Civil Service employment

at the Department for which such information is available— (A) numbers and percentages of members of all

minority groups entering the Civil Service;

(B) the number and percentages of members of all

minority groups who are Civil Service employees at each

grade of the Civil Service; and

(C) the number of and percentages of members of all

minority groups promoted at each grade of the Civil

Service.

SEC. 325. USE OF FUNDS AUTHORIZED FOR MINORITY RECRUITMENT.

(a) CONDUCT OF RECRUITMENT ACTIVITIES.— (1) IN GENERAL.—Amounts authorized to be appropriated

for minority recruitment under section 111(1)(D) shall be used

only for activities directly related to minority recruitment, such

as recruitment materials designed to target members of

minority groups and the travel expenses of recruitment trips

to colleges, universities, and other institutions or locations.

(2) LIMITATION.—Amounts authorized to be appropriated

for minority recruitment under section 111(1)(D) may not be

used to pay salaries of employees of the Department.

(b) RECRUITMENT ACTIVITIES AT ACADEMIC INSTITUTIONS.—The

Secretary shall expand the recruitment efforts of the Department

to include not less than 25 percent of the part B institutions

(as defined under section 322 of the Higher Education Act of 1965)

in the United States and not less than 25 percent of the Hispanicserving institutions (as defined in section 502(a)(5) of such Act)

in the United States.

(c) EVALUATION OF RECRUITMENT EFFORTS.—The Secretary

shall establish a database relating to efforts to recruit members

of minority groups into the Foreign Service and the Civil Service

and shall report to the appropriate congressional committees on

the evaluation of efforts to recruit such individuals, including an

analysis of the information collected in the database created under

this subsection. Such report shall be included in each of the two

reports required under section 324.

SEC. 326. ASSIGNMENTS AND DETAILS OF PERSONNEL TO THE AMERICAN INSTITUTE IN TAIWAN.

Section 503 of the Foreign Service Act of 1980 (22 U.S.C.

3983) is amended— (1) by adding at the end the following new subsection: ‘‘(d)(1) The Secretary may assign a member of the Service,

or otherwise detail an employee of the Department, for duty at

the American Institute in Taiwan, if the Secretary determines that

to do so is in the national interest of the United States.

‘‘(2) The head of any other department or agency of the United

States may, with the concurrence of the Secretary, detail an

employee of that department or agency to the American Institute

in Taiwan, if the Secretary determines that to do so is in the

national interest of the United States.

‘‘(3) In this subsection, the term ‘employee’ does not include—

‘‘(A) a noncareer appointee, limited term appointee, or limited emergency appointee (as such terms are defined in section

22 USC 2651a

note.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1387

3132(a) of title 5, United States Code) in the Senior Executive

Service; or ‘‘(B) an employee in a position that has been excepted

from the competitive service by reason of its confidential, policydetermining, policy-making, or policy-advocating character.

‘‘(4) An assignment or detail under this subsection may be

made with or without reimbursement from the American Institute

in Taiwan.

‘‘(5) The period of an assignment or detail under this subsection

shall not exceed a total of 6 years, except that the Secretary (or

any other head of a department or agency of the United States,

with the concurrence of the Secretary) may extend the period of

an assignment or detail for an additional period of not more than

6 years.’’; and

(2) in subsection (c), by striking ‘‘Assignments’’ and

inserting ‘‘Except as otherwise provided in subsection (d)(5),

assignments’’.

SEC. 327. ANNUAL REPORTS ON FOREIGN LANGUAGE COMPETENCE.

Section 702(c) of the Foreign Service Act of 1980 (22 U.S.C.

4022(c)) is amended—

(1) by striking ‘‘March 31’’ and inserting ‘‘January 31’’;

and

(2) in paragraph (1), by striking ‘‘calendar year’’ and

inserting ‘‘fiscal year’’.

SEC. 328. TRAVEL OF CHILDREN OF MEMBERS OF THE FOREIGN

SERVICE ASSIGNED ABROAD.

Section 901(15) of the Foreign Service Act of 1980 (22 U.S.C.

4081(15)) is amended by striking ‘‘port of entry in the contiguous

48 States which is nearest to that post’’ and inserting ‘‘residence

of the other parent, or between the post to which the member

is assigned and the residence of the child if the child does not

reside with a parent’’.

TITLE IV—INTERNATIONAL

ORGANIZATIONS

SEC. 401. PAYMENT OF THIRD INSTALLMENT OF ARREARAGES.

(a) IN GENERAL.—The United Nations Reform Act of 1999 (title

IX 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–

475) is amended as follows:

(1) Section 912(b)(3) is amended by striking ‘‘, upon the

certification described in section 941’’ and inserting the following: ‘‘upon a certification described in section 941 with

respect to the United Nations or a particular designated specialized agency, and immediately with respect to organizations

to which none of the conditions in section 941(b) apply’’.

(2) Section 941(a)(2) is amended—

(A) by striking ‘‘also’’;

(B) by striking ‘‘in subsection (b)(4)’’ both places it

appears; and

(C) by striking ‘‘, if the other conditions in subsection

(b) are satisfied’’.

116 STAT. 1388 PUBLIC LAW 107–228—SEPT. 30, 2002

(3) Section 941(a)(3) is amended by striking ‘‘and for any

other organization to which none of the conditions in subsection

(b) apply’’. (4) Section 941(b)(3) is amended—

(A) in the paragraph heading, by striking ‘‘NEW BUDGET

PROCEDURES’’ and inserting ‘‘BUDGET PRACTICES’’;

(B) by striking ‘‘has established and’’;

(C) by striking ‘‘procedures’’ and inserting ‘‘practices’’;

and

(D) in subparagraphs (A) and (B) by striking ‘‘require’’ each place it appears and inserting ‘‘result in’’. (5) Section 941(b)(9) is amended— (A) in the paragraph heading by striking ‘‘NEW BUDGET

PROCEDURES’’ and inserting ‘‘BUDGET PRACTICES’’;

(B) by striking ‘‘Each designated specialized agency

has established procedures to—’’ and inserting ‘‘The practices of each designated specialized agency—’’; and

(C) in subparagraphs (A), (B), and (C) by striking ‘‘require’’ each place it appears and inserting ‘‘result in’’. (b) CONFORMING AMENDMENT.—The undesignated paragraph

under the heading ‘‘ARREARAGE PAYMENTS’’ in title IV of the Departments of Commerce, Justice, and State, the Judiciary, and Related

Agencies Appropriations Act, 2000 (as contained in section 1000

of division B of the Consolidated Appropriations Act, 2000; Public

Law 106–113) is amended—

(1) in the first proviso, by striking ‘‘the share of the total

of all assessed contributions for any designated specialized

agency of the United Nations does not exceed 22 percent for

any single member of the agency, and’’; and

(2) by inserting after ‘‘respective agencies:’’ the following:

‘‘Provided further, That none of the funds appropriated or otherwise made available under this heading for payment of arrearages may be obligated with respect to a designated specialized

agency of the United Nations until such time as the share

of the total of all assessed contributions for that designated

specialized agency does not exceed 22 percent for any member

of the agency:’’.

(c) TRANSMITTAL OF CERTIFICATIONS TO CONGRESS.—Section

912(c) of the United Nations Reform Act of 1999 (title IX 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–477) is amended to

read as follows:

‘‘(c) ADVANCE CONGRESSIONAL NOTIFICATION.—Funds made

available pursuant to section 911 may be obligated and expended

only if the appropriate certification has been submitted to the

appropriate congressional committees 15 days prior to payment

of the funds, in the case of a certification submitted with respect

to funds made available for fiscal year 2000.’’.

SEC. 402. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR UNITED NATIONS PEACEKEEPING OPERATIONS IN CALENDAR YEARS 2001 THROUGH 2004.

(a) IN GENERAL.—Section 404(b)(2) of the Foreign Relations

Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e

note) is amended—

(1) by striking ‘‘Funds’’ and inserting ‘‘(A) IN GENERAL.— Except as provided in subparagraph (B), funds’’; and

113 Stat.

1501A–42.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1389

(2) by adding at the end the following: ‘‘(B) REDUCTION IN UNITED STATES SHARE OF ASSESSED

CONTRIBUTIONS.—Notwithstanding the percentage limitation contained in subparagraph (A), the United States share

of assessed contributions for each United Nations peacekeeping operation during the following periods is authorized to be as follows: ‘‘(i) For assessments made during calendar year

2001, 28.15 percent. ‘‘(ii) For assessments made during calendar year

2002, 27.90 percent. ‘‘(iii) For assessments made during calendar year

2003, 27.40 percent. ‘‘(iv) For assessments made during calendar year

2004, 27.40 percent.’’. (b) CONFORMING AMENDMENTS TO PUBLIC LAW 92–544.—Title

I of the Departments of State, Justice, and Commerce, the Judiciary,

and Related Agencies Appropriation Act, 1973 (22 U.S.C. 287e

note) is amended— (1) in the next to the last sentence of the undesignated

paragraph under the heading ‘‘CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS’’ in Public Law 92–544 (22 U.S.C.

287e note), by striking ‘‘After’’ and inserting ‘‘Subject to section

404(b)(2) of the Foreign Relations Authorization Act, Fiscal

Years 1994 and 1995 (22 U.S.C. 287e note), after’’; and

(2) in the last sentence of the undesignated paragraph

under the heading ‘‘CONTRIBUTIONS TO INTERNATIONAL

ORGANIZATIONS’’ in Public Law 92–544 (22 U.S.C. 287e note)—

(A) by striking ‘‘Appropriations are authorized’’ and

inserting ‘‘Subject to section 404(b)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22

U.S.C. 287e note), appropriations are authorized’’; and

(B) by striking ‘‘(other than United Nations peacekeeping operations) conducted’’ and inserting ‘‘conducted

by or under the auspices of the United Nations or’’.

SEC. 403. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR UNITED NATIONS REGULAR BUDGET.

The United Nations Participation Act of 1945 (22 U.S.C. 287

et seq.) is amended by adding at the end the following new section:

‘‘SEC. 11. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR UNITED NATIONS REGULAR BUDGET.

‘‘None of the funds available to the Department of State shall

be used to pay the United States share of assessed contributions

for the regular budget of the United Nations in an amount greater

than 22 percent of the total of all assessed contributions for that

budget.’’.

SEC. 404. PROMOTION OF SOUND FINANCIAL PRACTICES BY THE

UNITED NATIONS.

(a) FINDINGS.—Congress makes the following findings:

(1) In the early 1980s, the United States Government began

to pay United States assessments to certain international

organizations in the last quarter of the calendar year in which

they were due. This practice allowed the United States to

pay its annual assessment to the United Nations and other

22 USC 287e–3.

116 STAT. 1390 PUBLIC LAW 107–228—SEPT. 30, 2002

international organizations with the next fiscal year’s appropriations, taking advantage of the fact that international

organizations operate on calendar years. It also allowed the

United States to reduce budgetary outlays, making the United

States budget deficit appear smaller.

(2) The United States, which is assessed 22 percent of

the United Nations regular budget, now pays its dues at least

10 months late, and often later depending on when the relevant

appropriation is enacted.

(3) This practice causes the United Nations to operate

throughout much of the year without a significant portion of

its operating budget. By midyear, the budget is usually

depleted, forcing the United Nations to borrow from its separate

peacekeeping budget (the organization is prohibited from

external borrowing). As a result, countries that contribute to

United Nations peacekeeping missions are not reimbursed on

a timely basis.

(4) For years, the United States has been encouraging

the United Nations and other international organizations to

engage in sound, fiscally responsible budgetary practices. In

fact, many of the conditions in United States law for paying

nearly $1,000,000,000 in debt to the United Nations and other

international organizations are aimed at this goal. But late

payment of United States dues forces the United Nations and

other international organizations to engage in budgetary practices that are neither sound nor responsible.

(b) SENSE OF CONGRESS.—It is the sense of Congress that

the United States should initiate a process to synchronize the

payment of its assessments to the United Nations and other international organizations over a multiyear period so that the United

States can resume paying its dues to such international organizations at the beginning of each calendar year.

(c) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—In addition to amounts otherwise available for the purpose of payment of the United States assessed

contributions to the United Nations and other international

organizations, there are authorized to be appropriated such

sums as may be necessary to carry out the policy described

in subsection (b).

(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant to paragraph (1) are authorized to remain available until

expended.

SEC. 405. REPORTS TO CONGRESS ON UNITED NATIONS ACTIVITIES.

(a) AMENDMENTS TO UNITED NATIONS PARTICIPATION ACT.—

Section 4 of the United Nations Participation Act (22 U.S.C. 287b)

is amended—

(1) by striking subsections (b) and (c);

(2) by inserting after subsection (a) the following new subsection:

‘‘(b) ANNUAL REPORT ON FINANCIAL CONTRIBUTIONS.—Not later

than July 1 of each year, the Secretary of State shall submit

a report to the designated congressional committees on the extent

and disposition of all financial contributions made by the United

States during the preceding year to international organizations

in which the United States participates as a member.’’;

Deadline.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1391

(3) in subsection (e)(5) by striking subparagraph (B) and

inserting the following:

‘‘(B) ANNUAL REPORT.—The President shall submit an

annual report to the designated congressional committees

on all assistance provided by the United States during

the preceding calendar year to the United Nations to support peacekeeping operations. Each such report shall

describe the assistance provided for each such operation,

listed by category of assistance.’’; and

(4) by redesignating subsections (d), (e), (f), and (g) as

subsections (c), (d), (e), and (f), respectively.

(b) CONFORMING AMENDMENTS.—

(1) Section 2 of Public Law 81–806 (22 U.S.C. 262a) is

amended by striking the last sentence.

(2) Section 409 of the Foreign Relations Authorization Act,

Fiscal Years 1994 and 1995 (22 U.S.C. 287e note), is amended

by striking subsection (d).

SEC. 406. USE OF SECRET BALLOTS WITHIN THE UNITED NATIONS.

Not later than 120 days after the date of enactment of this

Act, the Secretary shall submit a report to the appropriate congressional committees containing a detailed analysis, and a determination based on such analysis, on whether the use of secret ballots

within the United Nations and the specialized agencies of the

United Nations serves the interests of the United States.

SEC. 407. SENSE OF CONGRESS RELATING TO MEMBERSHIP OF THE

UNITED STATES IN UNESCO.

It is the sense of Congress that the President, having announced

that the United States will rejoin the United Nations Educational,

Scientific, and Cultural Organization (UNESCO), should submit

a report to the appropriate congressional committees—

(1) describing the merits of renewing the membership and

participation of the United States in UNESCO; and

(2) detailing the projected costs of United States membership in UNESCO.

SEC. 408. UNITED STATES MEMBERSHIP ON THE UNITED NATIONS

COMMISSION ON HUMAN RIGHTS AND INTERNATIONAL

NARCOTICS CONTROL BOARD.

The United States, in connection with its voice and vote in

the United Nations General Assembly and the United Nations

Economic and Social Council, shall make every reasonable effort—

(1) to secure a seat for the United States on the United

Nations Commission on Human Rights;

(2) to secure a seat for a United States national on the

United Nations International Narcotics Control Board; and

(3) to prevent membership on the Human Rights Commission by any member nation the government of which, in the

judgment of the Secretary, based on the Department’s Annual

Country Reports on Human Rights and the Annual Report

on International Report on Religious Freedom, consistently violates internationally recognized human rights or has engaged

in or tolerated particularly severe violations of religious freedom

in that country.

22 USC 287 note.

Deadline.

Reports.

President.

116 STAT. 1392 PUBLIC LAW 107–228—SEPT. 30, 2002

SEC. 409. PLAN FOR ENHANCED DEPARTMENT OF STATE EFFORTS

TO PLACE UNITED STATES CITIZENS IN POSITIONS OF

EMPLOYMENT IN THE UNITED NATIONS AND ITS

SPECIALIZED AGENCIES.

Not later than 180 days after the date of enactment of this

Act, the Secretary shall submit to the appropriate congressional

committees a report containing a plan that provides for—

(1) proposals to reverse the decline in recent years in

funding and personnel resources devoted to the placement of

United States citizens in positions within the United Nations

system;

(2) steps to intensify coordinated, high-level diplomatic

efforts to place United States citizens in senior posts in the

United Nations Secretariat and the specialized agencies of the

United Nations; and

(3) appropriate mechanisms to address the underrepresentation, relative to the United States share of assessed contributions to the United Nations, of United States citizens in junior

positions within the United Nations and its specialized agencies.

TITLE V—UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES

SEC. 501. MODIFICATION OF LIMITATION ON GRANT AMOUNTS TO RFE/

RL, INCORPORATED.

Section 308(c) of the United States International Broadcasting

Act of 1994 (22 U.S.C. 6207(c)) is amended to read as follows:

‘‘(c) The total amount of grants made for the operating costs

of RFE/RL, Incorporated, may not exceed $85,000,000 in fiscal

year 2003.’’.

SEC. 502. PAY PARITY FOR SENIOR EXECUTIVES OF RFE/RL, INCORPORATED.

Section 308(h)(1) of the United States International Broadcasting Act of 1994 (22 U.S.C. 6207(h)(1)) is amended—

(1) by adding at the end the following new subparagraph:

‘‘(C) Notwithstanding the limitations under subparagraph

(A), grant funds provided under this section may be used by

RFE/RL, Incorporated, to pay up to three employees employed

in Washington, D.C., salary or other compensation not to exceed

the rate of pay payable for level III of the Executive Schedule

under section 5314 of title 5, United States Code.’’; and

(2) in subparagraph (A), by striking ‘‘(B),’’ and inserting

‘‘(B) or (C),’’.

SEC. 503. AUTHORITY TO CONTRACT FOR LOCAL BROADCASTING

SERVICES OUTSIDE THE UNITED STATES.

Section 802(b)(4) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1472(b)(4)) is amended—

(1) by inserting before the period the following: ‘‘and is

authorized to enter into contracts for periods not to exceed

ten years to acquire local broadcasting services outside the

United States’’; and

Deadline.

Reports.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1393

(2) by striking ‘‘United States Information Agency’’ and

inserting ‘‘Broadcasting Board of Governors’’.

SEC. 504. PERSONAL SERVICES CONTRACTING PILOT PROGRAM.

(a) IN GENERAL.—The Director of the International Broadcasting Bureau (in this section referred to as the ‘‘Director’’) may

establish a pilot program (in this section referred to as the ‘‘program’’) for the purpose of hiring United States citizens or aliens

as personal services contractors, without regard to Civil Service

and classification laws, for service in the United States as broadcasters, producers, and writers in the International Broadcasting

Bureau to respond to new or emerging broadcast needs or to augment broadcast services.

(b) CONDITIONS.—The Director is authorized to use the

authority of subsection (a) subject to the following conditions:

(1) The Director determines that existing personnel

resources are insufficient and the need is not of permanent

duration.

(2) The Director approves each employment of a personal

services contractor.

(3) The contract length, including options, may not exceed

2 years, unless the Director makes a finding that exceptional

circumstances justify an extension of up to one additional year.

(4) Not more than a total of 60 United States citizens

or aliens are employed at any one time as personal services

contractors under the program.

(c) TERMINATION OF AUTHORITY.—The authority to award personal services contracts under the pilot program authorized by

this section shall terminate on December 31, 2005. A contract

entered into prior to the termination date under this subsection

may remain in effect for a period not to exceed 6 months after

such termination date.

SEC. 505. TRAVEL BY VOICE OF AMERICA CORRESPONDENTS.

(a) EXEMPTION FROM RESPONSIBILITIES OF THE SECRETARY.—

Section 103(a)(1)(A) of the Omnibus Diplomatic Security and

Antiterrorism Act of 1986 (22 U.S.C. 4802(a)(1)(A)) is amended

in the parenthetical clause by inserting ‘‘Voice of America correspondents on official assignment and’’ after ‘‘other than’’. (b) EXEMPTION FROM CHIEF OF MISSION RESPONSIBILITIES.— Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)

is amended— (1) in the parenthetical clause in subsection (a)(1), by

inserting ‘‘Voice of America correspondents on official assignment and’’ after ‘‘except for’’;

(2) in the parenthetical clause in subsection (a)(2), by

inserting ‘‘Voice of America correspondents on official assignment and’’ after ‘‘except for’’; and

(3) in the parenthetical clause in subsection (b), by inserting ‘‘Voice of America correspondents on official assignment and’’ after ‘‘except for’’.

SEC. 506. REPORT ON BROADCASTING PERSONNEL.

Not later than 120 days after the date of the enactment of

this Act, the Broadcasting Board of Governors shall submit to

the appropriate congressional committees a report regarding senior

personnel of the United States Broadcasting Board of Governors

and efforts to diversify the workforce. The report shall include

Deadline.

22 USC 6206

note.

116 STAT. 1394 PUBLIC LAW 107–228—SEPT. 30, 2002

the following information, reported separately, for the International

Broadcasting Bureau, RFE/RL, Incorporated, and Radio Free Asia:

(1) A list of all personnel positions at or above the GS– 13 pay level.

(2) The number and percentage of women and members

of minority groups in positions under paragraph (1).

(3) The increase or decrease in the representation of women

and members of minority groups in positions under paragraph

(1) from previous years.

(4) The recruitment budget for each broadcasting entity

and the aggregate budget.

(5) Information concerning the recruitment efforts of the

Broadcasting Board of Governors relating to women and members of minority groups, including the percentage of the recruitment budget utilized for such efforts.

SEC. 507. CONFORMING AMENDMENTS.

The United States International Broadcasting Act of 1994 (22

U.S.C.6201 et seq.) is amended—

(1) in section 305(a)(4) (22 U.S.C. 6204(a)(4)), by striking

‘‘annually,,’’ and inserting ‘‘annually,’’; and

(2) in section 313(a) (22 U.S.C. 6212(a)), in the text above

paragraph (1), by striking ‘‘the direction and’’.

TITLE VI—MISCELLANEOUS

PROVISIONS

Subtitle A—Middle East Peace

Commitments Act of 2002

SEC. 601. SHORT TITLE.

This subtitle may be cited as the ‘‘Middle East Peace Commitments Act of 2002’’.

SEC. 602. FINDINGS.

Congress makes the following findings:

(1) In 1993, the Palestine Liberation Organization (in this

subtitle referred to as the ‘‘PLO’’) made the following commitments in an exchange of letters with the Prime Minister of

Israel:

(A) Recognition of the right of the State of Israel to

exist in peace and security.

(B) Acceptance of United Nations Security Council

Resolutions 242 and 338.

(C) Resolution of all outstanding issues in the conflict

between the two sides through negotiations and exclusively

peaceful means.

(D) Renunciation of the use of terrorism and all other

acts of violence and responsibility over all PLO elements

and personnel in order to assure their compliance, prevent

violations, and discipline violators.

(2) The Palestinian Authority, the governing body of autonomous Palestinian territories, was created as a result of agreements between the PLO and the State of Israel that are a

direct outgrowth of the commitments made in 1993.

Middle East

Peace

Commitments

Act of 2002.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1395

(3) Congress has provided authorities to the President to

suspend certain statutory restrictions relating to the PLO, subject to Presidential certifications that the PLO has continued

to abide by commitments made.

SEC. 603. REPORTS.

(a) IN GENERAL.—The President shall, at the times specified

in subsection (b), transmit to the appropriate congressional committees a report on compliance by the PLO or the Palestinian Authority,

as appropriate, with each of the commitments specified in section

602(1). The report shall include, with respect to each such commitment, the determination of the President as to whether or not

the PLO or the Palestinian Authority, as appropriate, has complied

with that commitment during the period since the submission of

the preceding report or, in the case of the initial report, during

the preceding six-month period. In the event that the President

imposed one or more sanctions under section 604 during the period

covered by the report, the report shall include a description of

each such sanction imposed.

(b) TRANSMISSION.—The initial report required under subsection

(a) shall be transmitted not later than 60 days after the date

of enactment of this Act. Each subsequent report shall be submitted

on the date on which the President is next required to submit

a report under the P.L.O. Commitments Compliance Act of 1989

(title VIII of Public Law 101–246) and may be combined with

such report.

SEC. 604. IMPOSITION OF SANCTIONS.

(a) IN GENERAL.—If, in any report transmitted pursuant to

section 603, the President determines that the PLO or the Palestinian Authority, as appropriate, has not complied with each of

the commitments specified in section 602(1), or if the President

fails to make a determination with respect to such compliance,

the President shall, for a period of time not less than the period

described in subsection (b), impose one or more of the following

sanctions:

(1) DENIAL OF VISAS TO PLO AND PALESTINIAN AUTHORITY

OFFICIALS.—The Secretary shall direct consular officers not to

issue a visa to any member of the PLO or any official of

the Palestinian Authority.

(2) DOWNGRADE IN STATUS OF PLO OFFICE IN THE UNITED

STATES.—Notwithstanding any other provision of law, the President shall withdraw or terminate any waiver by the President

of the requirements of section 1003 of the Foreign Relations

Authorization Act of 1988 and 1989 (22 U.S.C. 5202) (prohibiting the establishment or maintenance of a Palestinian

information office in the United States), and such section shall

apply so as to prohibit the operation of a PLO or Palestinian

Authority office in the United States from carrying out any

function other than those functions carried out by the Palestinian information office in existence prior to the Oslo Accords.

(3) DESIGNATION AS A FOREIGN TERRORIST ORGANIZATION.—

The Secretary shall designate the PLO, or one or more of

its constituent groups (including Fatah and Tanzim) or groups

operating as arms of the Palestinian Authority (including Force

17), as a foreign terrorist organization, in accordance with

section 219(a) of the Immigration and Nationality Act.

Deadline.

President.

116 STAT. 1396 PUBLIC LAW 107–228—SEPT. 30, 2002

(4) PROHIBITION ON UNITED STATES ASSISTANCE TO THE

WEST BANK AND GAZA.—United States assistance (except

humanitarian assistance) may not be provided to programs

or projects in the West Bank or Gaza.

(b) DURATION OF SANCTIONS.—The period of time referred to

in subsection (a) is the period of time commencing on the date

that the report pursuant to section 603 was transmitted and ending

on the later of— (1) the date that is 180 days after such date; or

(2) the date that the next report under section 603 is

required to be transmitted.

(c) WAIVER AUTHORITY.—The President may waive any sanction

imposed under subsection (a) if the President determines that such

a waiver is in the national security interest of the United States.

The President shall report such a determination to the appropriate

congressional committees.

Subtitle B—Tibet Policy

SEC. 611. SHORT TITLE.

This subtitle may be cited as ‘‘Tibetan Policy Act of 2002’’.

SEC. 612. STATEMENT OF PURPOSE.

The purpose of this subtitle is to support the aspirations of

the Tibetan people to safeguard their distinct identity.

SEC. 613. TIBET NEGOTIATIONS.

(a) POLICY.—

(1) IN GENERAL.—The President and the Secretary should

encourage the Government of the People’s Republic of China

to enter into a dialogue with the Dalai Lama or his representatives leading to a negotiated agreement on Tibet.

(2) COMPLIANCE.—After such an agreement is reached, the

President and the Secretary should work to ensure compliance

with the agreement.

(b) PERIODIC REPORTS.—Not later than 180 days after the date

of the enactment of this Act, and every 12 months thereafter,

the President shall transmit to the appropriate congressional

committees a report on— (1) the steps taken by the President and the Secretary

in accordance with subsection (a)(1); and

(2) the status of any discussions between the People’s

Republic of China and the Dalai Lama or his representatives.

SEC. 614. REPORTING ON TIBET.

Whenever a report is transmitted to Congress under section

116 or 502B of the Foreign Assistance Act of 1961 (22 U.S.C.

2151m, 2304) or under section 102(b) of the International Religious

Freedom Act of 1998 (22 U.S.C. 6412(b)), Tibet shall be included

in such report as a separate section.

SEC. 615. CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA.

Section 302(h) of the U.S.-China Relations Act of 2000 (Public

Law 106–286), relating to the Congressional-Executive Commission

on the People’s Republic of China, is amended—

22 USC 6901

note, 6912.

22 USC 6901

note.

Deadline.

22 USC 6901

note.

22 USC 6901

note.

22 USC 6901

note.

Tibetan Policy

Act of 2002.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1397

(1) by striking ‘‘shall include specific information’’ and

inserting the following: ‘‘shall include— ‘‘(1) specific information’’;

(2) by striking the period at the end and inserting ‘‘; and’’;

and

(3) by adding at the end the following:

‘‘(2) a description of the status of negotiations between

the Government of the People’s Republic of China and the

Dalai Lama or his representatives, and measures taken to

safeguard Tibet’s distinct historical, religious, cultural, and linguistic identity and the protection of human rights.’’.

SEC. 616. ECONOMIC DEVELOPMENT IN TIBET.

(a) DECLARATIONS OF POLICY.—It is the policy of the United

States to support economic development, cultural preservation,

health care, and education and environmental sustainability for

Tibetans inside Tibet. In support of this policy, the United States

shall use its voice and vote to support projects designed in accordance with the principles contained in subsection (d) that are

designed to raise the standard of living for the Tibetan people

and assist Tibetans to become self-sufficient.

(b) INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of

the Treasury shall instruct the United States executive director

of each international financial institution to use the voice and

vote of the United States to support projects in Tibet, if the projects

are designed in accordance with the principles contained in subsection (d).

(c) EXPORT-IMPORT BANK AND TDA.—The Export-Import Bank

of the United States and the Trade and Development Agency should

support projects proposed to be funded or otherwise supported by

such entities in Tibet, if the projects are designed in accordance

with the principles contained in subsection (d).

(d) TIBET PROJECT PRINCIPLES.—Projects in Tibet supported

by international financial institutions, other international organizations, nongovernmental organizations, and the United States entities referred to in subsection (c), should—

(1) be implemented only after conducting a thorough assessment of the needs of the Tibetan people through field visits

and interviews;

(2) be preceded by cultural and environmental impact

assessments;

(3) foster self-sufficiency and self-reliance of Tibetans;

(4) promote accountability of the development agencies to

the Tibetan people and active participation of Tibetans in all

project stages;

(5) respect Tibetan culture, traditions, and the Tibetan

knowledge and wisdom about their landscape and survival techniques;

(6) be subject to on-site monitoring by the development

agencies to ensure that the intended target group benefits;

(7) be implemented by development agencies prepared to

use Tibetan as the working language of the projects;

(8) neither provide incentive for, nor facilitate the migration

and settlement of, non-Tibetans into Tibet; and

(9) neither provide incentive for, nor facilitate the transfer

of ownership of, Tibetan land or natural resources to nonTibetans.

22 USC 6901

note.

116 STAT. 1398 PUBLIC LAW 107–228—SEPT. 30, 2002

SEC. 617. RELEASE OF PRISONERS AND ACCESS TO PRISONS.

The President and the Secretary, in meetings with representatives of the Government of the People’s Republic of China, should—

(1) request the immediate and unconditional release of

all those held prisoner for expressing their political or religious

views in Tibet;

(2) seek access for international humanitarian organizations to prisoners in Tibet to ensure that prisoners are not

being mistreated and are receiving necessary medical care;

and

(3) seek the immediate medical parole of Tibetan prisoners

known to be in serious ill health.

SEC. 618. ESTABLISHMENT OF A UNITED STATES BRANCH OFFICE IN

LHASA, TIBET.

The Secretary should make best efforts to establish an office

in Lhasa, Tibet, to monitor political, economic, and cultural developments in Tibet.

SEC. 619. REQUIREMENT FOR TIBETAN LANGUAGE TRAINING.

The Secretary shall ensure that Tibetan language training is

available to Foreign Service officers, and that every effort is made

to ensure that a Tibetan-speaking Foreign Service officer is assigned

to a United States post in the People’s Republic of China responsible

for monitoring developments in Tibet.

SEC. 620. RELIGIOUS PERSECUTION IN TIBET.

(a) HIGH-LEVEL CONTACTS.—Pursuant to section 105 of the

International Religious Freedom Act of 1998 (22 U.S.C. 6414), the

United States Ambassador to the People’s Republic of China

should—

(1) meet with the 11th Panchen Lama, who was taken

from his home on May 17, 1995, and otherwise ascertain

information concerning his whereabouts and well-being; and

(2) request that the Government of the People’s Republic

of China release the 11th Panchen Lama and allow him to

pursue his religious studies without interference and according

to tradition.

(b) PROMOTION OF INCREASED ADVOCACY.—Pursuant to section

108(a) of the International Religious Freedom Act of 1998 (22 U.S.C.

6417(a)), it is the sense of Congress that representatives of the

United States Government in exchanges with officials of the Government of the People’s Republic of China should call for and otherwise

promote the cessation of all interference by the Government of

the People’s Republic of China or the Communist Party in the

religious affairs of the Tibetan people.

SEC. 621. UNITED STATES SPECIAL COORDINATOR FOR TIBETAN

ISSUES.

(a) UNITED STATES SPECIAL COORDINATOR FOR TIBETAN

ISSUES.—There shall be within the Department a United States

Special Coordinator for Tibetan Issues (in this section referred

to as the ‘‘Special Coordinator’’).

(b) CONSULTATION.—The Secretary shall consult with the chairmen and ranking minority members of the appropriate congressional committees prior to the designation of the Special Coordinator.

22 USC 6901

note.

22 USC 6901

note.

22 USC 6901

note.

22 USC 6901

note.

22 USC 6901

note.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1399

(c) CENTRAL OBJECTIVE.—The central objective of the Special

Coordinator is to promote substantive dialogue between the Government of the People’s Republic of China and the Dalai Lama or

his representatives.

(d) DUTIES AND RESPONSIBILITIES.—The Special Coordinator

shall— (1) coordinate United States Government policies, programs, and projects concerning Tibet;

(2) vigorously promote the policy of seeking to protect the

distinct religious, cultural, linguistic, and national identity of

Tibet, and pressing for improved respect for human rights;

(3) maintain close contact with religious, cultural, and political leaders of the Tibetan people, including regular travel

to Tibetan areas of the People’s Republic of China, and to

Tibetan refugee settlements in India and Nepal;

(4) consult with Congress on policies relevant to Tibet

and the future and welfare of the Tibetan people;

(5) make efforts to establish contacts in the foreign ministries of other countries to pursue a negotiated solution for

Tibet; and

(6) take all appropriate steps to ensure adequate resources,

staff, and bureaucratic support to fulfill the duties and responsibilities of the Special Coordinator.

Subtitle C—East Timor Transition to

Independence Act of 2002

SEC. 631. SHORT TITLE.

This subtitle may be cited as the ‘‘East Timor Transition to

Independence Act of 2002’’.

SEC. 632. BILATERAL ASSISTANCE.

(a) AUTHORITY.—The President, acting through the Administrator of the United States Agency for International Development,

is authorized to—

(1) support the development of civil society, including nongovernmental organizations in East Timor;

(2) promote the development of an independent news

media;

(3) support job creation, including support for small business and microenterprise programs, environmental protection,

sustainable development, development of East Timor’s health

care infrastructure, educational programs, and programs

strengthening the role of women in society;

(4) promote reconciliation, conflict resolution, and prevention of further conflict with respect to East Timor, including

establishing accountability for past gross human rights violations;

(5) support the voluntary and safe repatriation and reintegration of refugees into East Timor;

(6) support political party development, voter education,

voter registration, and other activities in support of free and

fair elections in East Timor; and

(7) promote the development of the rule of law.

(b) AUTHORIZATION OF APPROPRIATIONS.—

22 USC 2656

note.

22 USC 2656

note.

East Timor

Transition to

Independence Act

of 2002.

116 STAT. 1400 PUBLIC LAW 107–228—SEPT. 30, 2002

(1) IN GENERAL.—There is authorized to be appropriated to the President to carry out this section $25,000,000 for the

fiscal year 2003.

(2) AVAILABILITY.—Amounts appropriated pursuant to the

authorization of appropriations under paragraph (1) are authorized to remain available until expended.

SEC. 633. MULTILATERAL ASSISTANCE.

The Secretary of the Treasury shall instruct the United States

executive director at each international financial institution to

which the United States is a member to use the voice, vote, and

influence of the United States to support economic and democratic

development in East Timor.

SEC. 634. TRADE AND INVESTMENT ASSISTANCE.

(a) OPIC.—The President should initiate negotiations with the

Government of East Timor to enter into a new agreement authorizing the Overseas Private Investment Corporation to carry out

programs with respect to East Timor in order to expand United

States investment in East Timor, emphasizing partnerships with

local East Timorese enterprises.

(b) TRADE AND DEVELOPMENT AGENCY.—

(1) IN GENERAL.—The Director of the Trade and Development Agency is authorized to carry out projects in East Timor

under section 661 of the Foreign Assistance Act of 1961 (22

U.S.C. 2421).

(2) AUTHORIZATION OF APPROPRIATIONS.—

(A) IN GENERAL.—There are authorized to be appropriated to the Trade and Development Agency to carry

out this subsection $1,000,000 for fiscal year 2003.

(B) AVAILABILITY.—Amounts appropriated pursuant to

the authorization of appropriations under subparagraph

(A) are authorized to remain available until expended.

(c) EXPORT-IMPORT BANK.—The Export-Import Bank of the

United States should expand its activities in connection with exports

to East Timor to the extent such activities are requested and

to the extent there is a reasonable assurance of repayment.

SEC. 635. GENERALIZED SYSTEM OF PREFERENCES.

As soon as possible after the enactment of this Act, the United

States Trade Representative and the Commissioner of Customs

should send an assessment team to East Timor to compile a list

of duty-free eligible products so that the Government of East Timor

can begin the process of applying for General System of Preference

benefits.

SEC. 636. AUTHORITY FOR RADIO BROADCASTING.

The Broadcasting Board of Governors should broadcast to East

Timor in an appropriate language or languages.

SEC. 637. SECURITY ASSISTANCE FOR EAST TIMOR.

(a) STUDY AND REPORT.—

(1) STUDY.—The President shall conduct a study to

determine—

(A) the extent to which East Timor’s security needs

can be met by the transfer of excess defense articles under

section 516 of the Foreign Assistance Act of 1961;

President.

22 USC 2656

note.

22 USC 2656

note.

Records.

22 USC 2656

note.

22 USC 2656

note.

22 USC 2656

note.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1401

(B) the extent to which international military education

and training (IMET) assistance will enhance professionalism of the armed forces of East Timor, provide

training in human rights, and promote respect for human

rights and humanitarian law; and

(C) the terms and conditions under which such defense

articles or training, as appropriate, should be provided.

(2) REPORT.—Not later than 180 days after the date of

the enactment of this Act, the President shall transmit to

the appropriate congressional committees a report that contains

the findings of the study conducted under paragraph (1).

(b) AUTHORIZATION OF ASSISTANCE.— (1) IN GENERAL.—Beginning on the date on which Congress

receives the report transmitted under subsection (a)(2), or the

date on which Congress receives the certification transmitted

under paragraph (2), whichever occurs later, the President

is authorized— (A) to transfer excess defense articles under section

516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j)

to East Timor in accordance with such section; and

(B) to provide military education and training under

chapter 5 of part II of such Act (22 U.S.C. 2347 et seq.)

for the armed forces of East Timor in accordance with

such chapter.

(2) CERTIFICATION.—A certification described in this paragraph is a certification that—

(A) East Timor has established an independent armed

forces; and

(B) the assistance proposed to be provided pursuant

to paragraph (1)—

(i) is in the national security interests of the

United States; and

(ii) will promote both human rights in East Timor

and the professionalization of the armed forces of East

Timor.

SEC. 638. REPORTING REQUIREMENT.

(a) IN GENERAL.—Not later than 180 days after the date of

enactment of this Act, and every 12 months thereafter for the

next five years, the Secretary shall prepare and transmit to the

appropriate congressional committees a report that contains the

information described in subsection (b).

(b) INFORMATION.—The report required by subsection (a) shall

include—

(1) developments in East Timor’s political and economic

situation in the period covered by the report, including an

evaluation of any elections which have occurred in East Timor

and the refugee reintegration process in East Timor;

(2) in the initial report, a 3-year plan for United States

foreign assistance to East Timor in accordance with section

632, prepared by the Administrator of the United States Agency

for International Development, which outlines the goals for

United States foreign assistance to East Timor during the

3-year period;

(3) a description of the activities undertaken in East Timor

by the International Bank for Reconstruction and Development,

the Asian Development Bank, and other international financial

Deadline.

22 USC 2656

note.

Effective date.

Deadline.

116 STAT. 1402 PUBLIC LAW 107–228—SEPT. 30, 2002

institutions, and an evaluation of the effectiveness of these

activities;

(4) an assessment of the status of United States trade

and investment relations with East Timor, including a detailed

analysis of any trade and investment-related activity supported

by the Overseas Private Investment Corporation, the ExportImport Bank of the United States, or the Trade and Development Agency during the period of time since the previous

report;

(5) a comprehensive study and report on local agriculture

in East Timor, emerging opportunities for producing, processing, and exporting indigenous agricultural products, and

recommendations for appropriate technical assistance from the

United States; and

(6) statistical data drawn from other sources on economic

growth, health, education, and distribution of resources in East

Timor.

Subtitle D—Clean Water for the Americas

Partnership

SEC. 641. SHORT TITLE.

This subtitle may be cited as the ‘‘Clean Water for the Americas

Partnership Act of 2002’’.

SEC. 642. DEFINITIONS.

In this subtitle:

(1) JOINT PROJECT.—The term ‘‘joint project’’ means a

project between a United States association or nonprofit entity

and a Latin American or Caribbean association or nongovernmental organization.

(2) LATIN AMERICAN OR CARIBBEAN NONGOVERNMENTAL

ORGANIZATION.—The term ‘‘Latin American or Caribbean nongovernmental organization’’ includes any institution of higher

education, any private nonprofit entity involved in international

education activities, or any research institute or other research

organization, based in the region.

(3) REGION.—The term ‘‘region’’ refers to the region comprised of the member countries of the Organization of American

States (other than the United States and Canada).

(4) UNITED STATES ASSOCIATION.—The term ‘‘United States

association’’ means a business league described in section

501(c)(6) of the Internal Revenue Code of 1986 (26 U.S.C.

501(c)(6)), and exempt from taxation under section 501(a) of

such Code (26 U.S.C. 501(a)).

(5) UNITED STATES NONPROFIT ENTITY.—The term ‘‘United

States nonprofit entity’’ includes any institution of higher education (as defined in section 101(a) of the Higher Education

Act of 1965 (20 U.S.C. 1001(a)), any private nonprofit entity

involved in international education activities, or any research

institute or other research organization, based in the United

States.

SEC. 643. ESTABLISHMENT OF PROGRAM.

The President is authorized to establish a program which shall

be known as the ‘‘Clean Water for the Americas Partnership’’.

22 USC 2151p

note.

22 USC 2151p

note.

22 USC 2151p

note.

Clean Water for

the Americas

Partnership Act

of 2002.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1403

SEC. 644. ENVIRONMENTAL ASSESSMENT.

The President is authorized to conduct a comprehensive assessment of the environmental problems in the region to determine—

(1) which environmental problems threaten human health

the most, particularly the health of the urban poor;

(2) which environmental problems are most threatening,

in the long-term, to the region’s natural resources;

(3) which countries have the most pressing environmental

problems; and

(4) whether and to what extent there is a market for

United States environmental technology, practices, knowledge,

and innovations in the region.

SEC. 645. ESTABLISHMENT OF TECHNOLOGY AMERICA CENTERS.

(a) AUTHORITY TO ESTABLISH.—The President, acting through

the Director General of the United States and Foreign Commercial

Service of the Department of Commerce, is authorized to establish

Technology America Centers (TEAMs) in the region to serve the

entire region and, where appropriate, to establish TEAMs in urban

areas of the region to focus on urban environmental problems.

(b) FUNCTIONS.—The TEAMs would link United States private

sector environmental technology firms with local partners, both

public and private, by providing logistic and information support

to United States firms seeking to find local partners and opportunities for environmental projects. TEAMs should emphasize assisting

United States small businesses.

(c) LOCATION.—In determining whether to locate a TEAM in

a country, the President, acting through the Director General of

the United States and Foreign Commercial Service of the Department of Commerce, shall take into account the country’s need

for logistic and informational support and the opportunities presented for United States firms in the country. A TEAM may be

located in a country without regard to whether a mission of the

United States Agency for International Development is established

in that country.

SEC. 646. PROMOTION OF WATER QUALITY, WATER TREATMENT SYSTEMS, AND ENERGY EFFICIENCY.

Subject to the availability of appropriations, the President is

authorized to provide matching grants to United States associations

and United States nonprofit entities for the purpose of promoting

water quality, water treatment systems, and energy efficiency in

the region. The grants shall be used to support joint projects,

including professional exchanges, academic fellowships, training

programs in the United States or in the region, cooperation in

regulatory review, development of training materials, the establishment and development in the region of local chapters of the associations or nonprofit entities, and the development of online exchanges.

SEC. 647. GRANTS FOR PREFEASIBILITY STUDIES WITHIN A DESIGNATED SUBREGION.

(a) GRANT AUTHORITY.—

(1) IN GENERAL.—Subject to the availability of appropriations, the Director of the Trade and Development Agency is

authorized to make grants for prefeasibility studies for water

projects in any country within a single subregion or in a single

country designated under paragraph (2).

22 USC 2151p

note.

Grants.

22 USC 2151p

note.

22 USC 2151p

note.

22 USC 2151p

note.

116 STAT. 1404 PUBLIC LAW 107–228—SEPT. 30, 2002

(2) DESIGNATION OF SUBREGION.—The Director of the Trade

and Development Agency shall designate in advance a single

subregion or a single country for purposes of paragraph (1).

(b) MATCHING REQUIREMENT.—The Director of the Trade and

Development Agency may not make any grant under this section

unless there are made available non-Federal contributions in an

amount equal to not less than 25 percent of the amount of Federal

funds provided under the grant.

(c) LIMITATION PER SINGLE PROJECT.—With respect to any

single project, grant funds under this section shall be available

only for the prefeasibility portion of that project.

(d) DEFINITIONS.—In this section:

(1) PREFEASIBILITY.—The term ‘‘prefeasibility’’ means, with

respect to a project, not more than 25 percent of the design

phase of the project.

(2) SUBREGION.—The term ‘‘subregion’’ means an area

within the region and includes areas such as Central America,

the Andean region, and the Southern cone.

SEC. 648. CLEAN WATER TECHNICAL SUPPORT COMMITTEE.

(a) IN GENERAL.—The President is authorized to establish a

Clean Water Technical Support Committee (in this section referred

to as the ‘‘Committee’’) to provide technical support and training

services for individual water projects.

(b) COMPOSITION.—The Committee shall consist of international

investors, lenders, water service providers, suppliers, advisers, and

others with a direct interest in accelerating development of water

projects in the region.

(c) FUNCTIONS.—Members of the Committee shall act as field

advisers and may form specialized working groups to provide incountry training and technical assistance, and shall serve as a

source of technical support to resolve barriers to project development.

SEC. 649. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to the President $10,000,000 for each of the fiscal years 2003, 2004,

and 2005 to carry out this subtitle.

(b) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to

subsection (a) are authorized to remain available until expended.

SEC. 650. REPORT.

Eighteen months after the establishment of the program pursuant to section 643, the President shall submit a report to the

appropriate congressional committees containing—

(1) an assessment of the progress made in carrying out

the program established under this subtitle; and

(2) any recommendations for the enactment of legislation

to make changes in the program established under this subtitle.

SEC. 651. TERMINATION DATE.

(a) IN GENERAL.—Except as provided in subsection (b), the

authorities of this subtitle shall terminate 3 years after the date

of establishment of the program described in section 643.

(b) EXCEPTION.—In lieu of the termination date specified in

subsection (a), the termination required by that subsection shall

take effect five years after the date of establishment of the program

described in section 643 if, prior to the termination date specified

22 USC 2151p

note.

Deadline.

President.

22 USC 2151p

note.

22 USC 2151p

note.

22 USC 2151p

note.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1405

in subsection (a), the President determines and certifies to the

appropriate congressional committees that it would be in the

national interest of the United States to continue the program

described in such section 643 for an additional 2-year period.

SEC. 652. EFFECTIVE DATE.

This subtitle shall take effect 90 days after the date of enactment of this Act.

Subtitle E—Freedom Investment Act of

2002

SEC. 661. SHORT TITLE.

This subtitle may be cited as the ‘‘Freedom Investment Act

of 2002’’.

SEC. 662. PURPOSES.

The purposes of this subtitle are the following:

(1) To underscore that promoting and protecting human

rights is in the national interests of the United States and

is consistent with American values and beliefs.

(2) To establish a goal of devoting one percent of the

funds available to the Department under ‘‘Diplomatic and Consular Programs’’, other than such funds that will be made

available for worldwide security upgrades and information

resource management, to enhance the ability of the United

States to promote respect for human rights and the protection

of human rights defenders.

SEC. 663. HUMAN RIGHTS ACTIVITIES AT THE DEPARTMENT OF STATE.

(a) INCREASING RESOURCES AND IMPORTANCE OF HUMAN

RIGHTS.—It is the sense of Congress that—

(1) the budget for the Bureau of Democracy, Human Rights,

and Labor for fiscal years 2003 and 2004 should be substantially

increased so that beginning in fiscal year 2005, and each fiscal

year thereafter, not less than 1 percent of the amounts made

available to the Department under the heading ‘‘Diplomatic

and Consular Programs’’, other than amounts made available

for worldwide security upgrades and information resource

management, should be made available for salaries and

expenses of the Bureau of Democracy, Human Rights, and

Labor; and

(2) any assignment of an individual to a political officer

position at a United States mission abroad that has the primary

responsibility for monitoring human rights developments in

a foreign country should be made upon the recommendation

of the Assistant Secretary of State for Democracy, Human

Rights, and Labor in conjunction with the head of the Department’s regional bureau having primary responsibility for that

country.

(b) PLAN RELATED TO HUMAN RIGHTS ACTIVITIES.—Not later

than 180 days after the date of enactment of this Act, the Secretary

shall submit to the appropriate congressional committees a report

containing a plan for the Department designed to achieve the following objectives:

Deadline.

22 USC 2151n–2

note.

22 USC 2151

note.

Freedom

Investment Act

of 2002.

Human rights.

22 USC 2151p

note.

116 STAT. 1406 PUBLIC LAW 107–228—SEPT. 30, 2002

(1) Improving the integration of human rights policy into

the Department’s overall policy formulation and implementation.

(2) Achieving closer communication and policy coordination

between the Bureau of Democracy, Human Rights, and Labor

and the regional bureaus of the Department, both within the

United States and at overseas posts.

(3) Assigning individuals recommended by the Bureau of

Democracy, Human Rights, and Labor, in conjunction with

the relevant Department regional bureau, to political officer

positions at United States missions abroad that have the primary responsibility for monitoring human rights developments

in foreign countries.

SEC. 664. HUMAN RIGHTS AND DEMOCRACY FUND.

(a) ESTABLISHMENT OF FUND.—There is established a Human

Rights and Democracy Fund (in this section referred to as the

‘‘Fund’’) to be administered by the Assistant Secretary of State

for Democracy, Human Rights, and Labor.

(b) PURPOSES OF FUND.—The purposes of the Fund shall be—

(1) to support defenders of human rights;

(2) to assist the victims of human rights violations;

(3) to respond to human rights emergencies;

(4) to promote and encourage the growth of democracy,

including the support for nongovernmental organizations in

foreign countries; and

(5) to carry out such other related activities as are consistent with paragraphs (1) through (4).

(c) FUNDING.—

(1) IN GENERAL.—Of the amounts made available to carry

out chapter 4 of part II of the Foreign Assistance Act of 1961

for fiscal year 2003, $21,500,000 is authorized to be available

to the Fund for carrying out the purposes described in subsection (b). Amounts made available to the Fund under this

paragraph shall also be deemed to have been made available

under section 116(e) of the Foreign Assistance Act of 1961

(22 U.S.C. 2151n(e)).

(2) ALLOCATION OF FUNDS FOR THE DOCUMENTATION CENTER

OF CAMBODIA.—Of the amount authorized to be available to

the Fund under paragraph (1) for fiscal year 2003, $1,000,000

is authorized to be available for the Documentation Center

of Cambodia for the purpose of collecting, cataloguing, and

disseminating information about the atrocities committed by

the Khmer Rouge against the Cambodian people.

(3) FATHER JOHN KAISER MEMORIAL FUND.—Of the amount

authorized to be available to the Fund under paragraph (1)

for fiscal year 2003, $500,000 is authorized to be available

to advance the extraordinary work and values of Father John

Kaiser with respect to solving ethnic conflict and promoting

government accountability and respect for human rights. The

amount made available under this paragraph may be referred

to as the ‘‘Father John Kaiser Memorial Fund’’.

SEC. 665. REPORTS ON ACTIONS TAKEN BY THE UNITED STATES TO

ENCOURAGE RESPECT FOR HUMAN RIGHTS.

(a) SECTION 116 REPORT.—Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended—

22 USC 2151n–2.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1407

(1) in paragraph (7), by striking ‘‘and’’ at the end and

inserting a semicolon;

(2) in paragraph (8), by striking the period at the end

and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(9) for each country with respect to which the report

indicates that extrajudicial killings, torture, or other serious

violations of human rights have occurred in the country, the

extent to which the United States has taken or will take action

to encourage an end to such practices in the country.’’. (b) SECTION 502B REPORT.—Section 502B(b) of the Foreign

Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended by inserting

after the fourth sentence the following: ‘‘Such report shall also

include, for each country with respect to which the report indicates

that extrajudicial killings, torture, or other serious violations of

human rights have occurred in the country, the extent to which

the United States has taken or will take action to encourage an

end to such practices in the country.’’.

(c) SEPARATE REPORT.—The information to be included in the

report required by sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 pursuant to the amendments made by subsections

(a) and (b) may be submitted by the Secretary as a separate report.

If the Secretary elects to submit such information as a separate

report, such report shall be submitted not later than 30 days

after the date of submission of the report required by section 116(d)

and 502B(b) of the Foreign Assistance Act of 1961.

Subtitle F—Elimination and Streamlining

of Reporting Requirements

SEC. 671. ELIMINATION OF CERTAIN REPORTING REQUIREMENTS.

The following provisions of law are hereby repealed:

(1) ECONOMIC POLICY AND TRADE PRACTICES.—Section 2202

of the Omnibus Trade and Competitiveness Act of 1988 (15

U.S.C. 4711).

(2) ANNUAL REPORTS ON ECONOMIC AND SOCIAL GROWTH.— Section 574 of the Foreign Operations, Export Financing, and

Related Programs Appropriations Act, 1996 (22 U.S.C. 2394

note).

(3) REPORTING REQUIREMENTS REGARDING CERTAIN LEASES

OF REAL PROPERTY.—Section 488(a)(3) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2291g(3); relating to reporting requirements regarding certain leases of real property).

(4) REPORTING REQUIREMENTS REGARDING PLACEMENT OF

SENIOR FOREIGN SERVICE PERSONNEL.—Section 324 of the

Admiral James W. Nance and Meg Donovan Foreign Relations

Authorization Act, Fiscal Years 2000 and 2001 (section 324

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– 437).

SEC. 672. BIENNIAL REPORTS ON PROGRAMS TO ENCOURAGE GOOD

GOVERNANCE.

(a) CONVERSION OF ANNUAL REPORTS TO BIENNIAL REPORTS.— Section 133(d) of the Foreign Assistance Act of 1961 (22 U.S.C.

2152c(d)) is amended—

22 USC 3945

note.

22 USC 2151n

note.

116 STAT. 1408 PUBLIC LAW 107–228—SEPT. 30, 2002

(1) in the subsection heading, by striking ‘‘ANNUAL REPORT’’

and inserting ‘‘BIENNIAL REPORTS’’; and

(2) in paragraph (1)—

(A) in the text above subparagraph (A), by striking

‘‘an annual report’’ and inserting ‘‘a biennial report’’;

(B) in subparagraph (A), by striking ‘‘prior year’’ and

inserting ‘‘preceding two-year period’’; and

(C) in subparagraph (B), by striking ‘‘prior year’’ and

inserting ‘‘preceding two-year period’’.

(b) TRANSITION.—The first biennial report under section 133(d)

of the Foreign Assistance Act of 1961 (22 U.S.C. 2152c(d)), as

amended by subsection (a), is required to be submitted not later

than two years after the date of submission of the last annual

report required under such section 133 (as in effect before the

date of enactment of this Act).

Subtitle G—Other Matters

SEC. 681. AMENDMENTS TO THE INTERNATIONAL RELIGIOUS

FREEDOM ACT OF 1998.

(a) VIOLATIONS OF RELIGIOUS FREEDOM.—Section 102(b)(1)(B)

of the International Religious Freedom Act of 1998 (22 U.S.C.

6412(b)(1)(B)) is amended by inserting ‘‘including policies that

discriminate against particular religious groups or members of such

groups,’’ after ‘‘the existence of government policies violating religious freedom,’’.

(b) ESTABLISHMENT OF STAGGERED TERMS OF MEMBERS OF

COMMISSION.—Section 201(c) of such Act (22 U.S.C. 6431(c)) is

amended by adding after paragraph (1) the following new paragraph:

‘‘(2) ESTABLISHMENT OF STAGGERED TERMS.—

‘‘(A) IN GENERAL.—Notwithstanding paragraph (1),

members of the Commission appointed to serve on the

Commission during the period May 15, 2003, through May

14, 2005, shall be appointed to terms in accordance with

the provisions of this paragraph.

‘‘(B) PRESIDENTIAL APPOINTMENTS.—Of the three members of the Commission appointed by the President under

subsection (b)(1)(B)(i), two shall be appointed to a 1-year

term and one shall be appointed to a 2-year term.

‘‘(C) APPOINTMENTS BY THE PRESIDENT PRO TEMPORE

OF THE SENATE.—Of the three members of the Commission

appointed by the President pro tempore of the Senate under

subsection (b)(1)(B)(ii), one of the appointments made upon

the recommendation of the leader in the Senate of the

political party that is not the political party of the President

shall be appointed to a 1-year term, and the other two

appointments under such clause shall be 2-year terms.

‘‘(D) APPOINTMENTS BY THE SPEAKER OF THE HOUSE

OF REPRESENTATIVES.—Of the three members of the

Commission appointed by the Speaker of the House of

Representatives under subsection (b)(1)(B)(iii), one of the

appointments made upon the recommendation of the leader

in the House of the political party that is not the political

party of the President shall be to a 1-year term, and

Deadline.

22 USC 2152c

note.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1409

the other two appointments under such clause shall be

2-year terms. ‘‘(E) APPOINTMENTS TO 1-YEAR TERMS.—The term of

each member of the Commission appointed to a 1-year

term shall be considered to have begun on May 15, 2003,

and shall end on May 14, 2004, regardless of the date

of the appointment to the Commission. Each vacancy which

occurs upon the expiration of the term of a member

appointed to a 1-year term shall be filled by the appointment of a successor to a 2-year term. ‘‘(F) APPOINTMENTS TO 2-YEAR TERMS.—Each appointment of a member to a two-year term shall identify the

member succeeded thereby, and each such term shall end

on May 14 of the year that is at least two years after

the expiration of the previous term, regardless of the date

of the appointment to the Commission.’’. (c) ELECTION OF CHAIR OF COMMISSION.—Section 201(d) of such

Act (22 U.S.C. 6431(d)) is amended by striking ‘‘in each calendar’’

and inserting ‘‘after May 30 of each’’.

(d) VACANCIES.—Section 201(g) of such Act (22 U.S.C. 6431(g))

is amended by adding at the end the following: ‘‘A member may

serve after the expiration of that member’s term until a successor

has taken office. Any member appointed to fill a vacancy occurring

before the expiration of the term for which the member’s predecessor

was appointed shall be appointed only for the remainder of that

term.’’.

(e) AUTHORIZATIONS OF APPROPRIATIONS.—Section 207(a) of

such Act (22 U.S.C. 6435(a)) is amended by inserting ‘‘for the

fiscal year 2003’’ after ‘‘$3,000,000’’.

(f) PROCUREMENT OF NONGOVERNMENTAL SERVICES.—The third

sentence of section 208(c)(1) of such Act (22 U.S.C. 6435a(c)(1))

is amended to read as follows: ‘‘The Commission may procure temporary and intermittent services under the authority of section

3109(b) of title 5, United States Code, except that the Commission

may not expend more than $100,000 in any fiscal year to procure

such services.’’.

(g) REVISED TERMINATION DATE OF COMMISSION.—Section 209

of the International Religious Freedom Act of 1998 (22 U.S.C.

6436) is amended by striking ‘‘May 14, 2003’’ and inserting ‘‘September 30, 2011’’.

SEC. 682. AMENDMENTS TO THE VICTIMS OF TRAFFICKING AND

VIOLENCE PROTECTION ACT OF 2000.

(a) ASSISTANCE FOR VICTIMS IN OTHER COUNTRIES.—Section

107(a)(1) of the Victims of Trafficking and Violence Protection Act

of 2000 (22 U.S.C. 7105(a)(1)) is amended by adding at the end

the following: ‘‘In addition, such programs and initiatives shall,

to the maximum extent practicable, include the following:

‘‘(A) Support for local in-country nongovernmental

organization-operated hotlines, culturally and linguistically

appropriate protective shelters, and regional and international nongovernmental organization networks and databases on trafficking, including support to assist nongovernmental organizations in establishing service centers and

systems that are mobile and extend beyond large cities.

‘‘(B) Support for nongovernmental organizations and

advocates to provide legal, social, and other services and

116 STAT. 1410 PUBLIC LAW 107–228—SEPT. 30, 2002

assistance to trafficked individuals, particularly those

individuals in detention.

‘‘(C) Education and training for trafficked women and

girls.

‘‘(D) The safe integration or reintegration of trafficked

individuals into an appropriate community or family, with

full respect for the wishes, dignity, and safety of the trafficked individual.

‘‘(E) Support for developing or increasing programs

to assist families of victims in locating, repatriating, and

treating their trafficked family members, in assisting the

voluntary repatriation of these family members or their

integration or resettlement into appropriate communities,

and in providing them with treatment.’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 113 of the

Victims of Trafficking and Violence Protection Act of 2000 (22

U.S.C. 7110) is amended—

(1) in subsection (a), by striking ‘‘for fiscal year 2002’’

and inserting ‘‘for each of the fiscal years 2002 and 2003’’;

(2) in subsection (c)—

(A) in paragraph (1), by striking ‘‘and $10,000,000 for

fiscal year 2002’’ and inserting ‘‘, $10,000,000 for fiscal

year 2002, and $15,000,000 for fiscal year 2003’’; and

(B) in paragraph (2)—

(i) by striking ‘‘there are authorized to be appropriated to the Secretary of State’’ and inserting ‘‘there

is authorized to be appropriated to the Secretary of

State for each of the fiscal years 2001, 2002, and 2003’’;

and

(ii) by striking ‘‘for fiscal year 2001’’ and inserting

‘‘for such fiscal year’’; and

(3) in paragraphs (1) and (2) of subsection (e), by striking

‘‘and $10,000,000 for fiscal year 2002’’ each place it appears

and inserting ‘‘, $10,000,000 for fiscal year 2002, and

$15,000,000 for fiscal year 2003’’.

SEC. 683. ANNUAL HUMAN RIGHTS COUNTRY REPORTS ON CHILD SOLDIERS.

(a) COUNTRIES RECEIVING ECONOMIC ASSISTANCE.—Section

116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)),

as amended by section 665(a) of this Act, is further amended—

(1) in paragraph (8), by striking ‘‘and’’ at the end;

(2) in paragraph (9), by striking the period at the end

and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(10)(A) wherever applicable, a description of the nature

and extent—

‘‘(i) of the compulsory recruitment and conscription

of individuals under the age of 18 by armed forces of

the government of the country, government-supported

paramilitaries, or other armed groups, and the participation of such individuals in such groups; and

‘‘(ii) that such individuals take a direct part in hostilities;

‘‘(B) what steps, if any, taken by the government of the

country to eliminate such practices; and

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1411

‘‘(C) such other information related to the use by such

government of individuals under the age of 18 as soldiers,

as determined to be appropriate by the Secretary.’’. (b) COUNTRIES RECEIVING SECURITY ASSISTANCE.—Section

502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(b))

is amended by inserting after the sixth sentence the following:

‘‘Each report under this section shall also include (i) wherever

applicable, a description of the nature and extent of the compulsory

recruitment and conscription of individuals under the age of 18

by armed forces of the government of the country, governmentsupported paramilitaries, or other armed groups, the participation

of such individuals in such groups, and the nature and extent

that such individuals take a direct part in hostilities, (ii) what

steps, if any, taken by the government of the country to eliminate

such practices, and (iii) such other information related to the use

by such government of individuals under the age of 18 as soldiers,

as determined to be appropriate by the Secretary of State.’’.

SEC. 684. EXTENSION OF AUTHORITY FOR CAUCUS ON INTERNATIONAL

NARCOTICS CONTROL.

Section 814(i) of the Foreign Relations Authorization Act, Fiscal

Years 1986 and 1987 (Public Law 99–93) is amended by striking

‘‘2002’’ and inserting ‘‘2005’’.

SEC. 685. PARTICIPATION OF SOUTH ASIAN COUNTRIES IN INTERNATIONAL LAW ENFORCEMENT.

The Secretary shall ensure, where practicable, that appropriate

government officials from countries in the South Asia region shall

be eligible to attend courses at the International Law Enforcement

Academy located in Bangkok, Thailand, and Budapest, Hungary,

consistent with other provisions of law, with the goal of enhancing

regional cooperation in the fight against transnational crime.

SEC. 686. PAYMENT OF ANTI-TERRORISM JUDGMENTS.

Section 2002(a)(2)(A)(ii) of the Victims of Trafficking and

Violence Protection Act of 2000 (Public Law 106–386; 114 Stat.

1542)) is amended by striking ‘‘or July 27, 2000’’ and inserting

‘‘June 6, 2000, July 27, 2000, or January 16, 2002’’.

SEC. 687. REPORTS ON PARTICIPATION BY SMALL BUSINESSES IN

PROCUREMENT CONTRACTS OF USAID.

(a) INITIAL REPORT.—Not later than 120 days after the date

of the enactment of this Act, the Administrator shall submit to

the designated congressional committees a report that contains

the following:

(1) For each of the fiscal years 2000, 2001, and 2002:

(A) The total number of the contracts that were

awarded by the Agency to—

(i) all small businesses;

(ii) small business concerns owned and controlled

by socially and economically disadvantaged individuals;

(iii) small business concerns owned and controlled

by women;

(iv) small businesses participating in the program

under section 8(a) of such Act (15 U.S.C. 637(a)); and

(v) qualified HUBZone small business concerns.

(B) The percentage of all contracts awarded by the

Agency that were awarded to the small businesses in each

Deadline.

22 USC 2352

note.

22 USC 2291

note.

116 STAT. 1412 PUBLIC LAW 107–228—SEPT. 30, 2002

category of small businesses specified in clauses (i) through

(v) of subparagraph (A), as computed on the basis of dollar

amounts.

(C) Of all contracts awarded by the Agency for performance in the United States, the percentage of the contracts

that were awarded to the small businesses in each category

of small businesses specified in clauses (i) through (v) of

subparagraph (A), as computed on the basis of dollar

amounts.

(D) To the extent available—

(i) the total number of grant and cooperative agreements that were made by the Agency to the small

businesses in each category of small businesses specified in clauses (i) through (v) of subparagraph (A);

(ii) the percentage of all grant and cooperative

agreements awarded by the Agency that were awarded

to small businesses in each category of small

businesses specified in clauses (i) through (v) of

subparagraph (A), as computed on the basis of dollar

amounts; and

(iii) of all grant and cooperative agreements made

by the Agency to entities in the United States, the

percentage of the grant and cooperative agreements

that were awarded to small businesses in each category

of small businesses specified in clauses (i) through

(v) of subparagraph (A), as computed on the basis

of dollar amounts.

(E) To the extent available—

(i) the total dollar amount of all subcontracts

entered into with the small businesses in each category

specified in clauses (i) through (v) of subparagraph

(A) by the prime contractors for contracts entered into

by the Agency; and

(ii) the percentage of all contracts entered into

by the Agency that were performed under subcontracts

described in clause (i), as computed on the basis of

dollar amounts.

(2) An analysis of any specific industries or sectors that

are underrepresented by small businesses in the awarding of

contracts by the Agency and, to the extent such information

is available, such analysis pertaining to the making of grants

and cooperative agreements by the Agency.

(3) A specific plan of outreach, including measurable

achievement milestones, to increase the total number of contracts that are awarded by the Agency, and the percentage

of all contracts awarded by the Agency (computed on the basis

of dollar amount) that are awarded, to—

(A) all small businesses;

(B) small business concerns owned and controlled by

socially and economically disadvantaged individuals;

(C) small business concerns owned and controlled by

women;

(D) small businesses participating in the program

under section 8(a) of such Act (15 U.S.C. 637(a)); and

(E) qualified HUBZone small business concerns,

in order to meet the statutory and voluntary targets established

by the Agency and the Small Business Administration, with

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1413

a particular focus on the industries or sectors identified in

paragraph (2).

(4) Any other information the Administrator determines

appropriate.

(b) PLAN TO INCREASE SMALL BUSINESS CONTRACTING.—The

plan required for the report under subsection (a)(3) shall include

the following matters:

(1) Proposals and milestones that apply to all contracts

entered into by or on behalf of the Agency in Washington,

D.C., and proposals and milestones that apply to all contracts

entered into by or on behalf of the Agency by offices outside

Washington, D.C.

(2) Proposals and milestones of the Agency to increase

the amount of subcontracting to businesses described in such

subsection (a)(3) by the prime contractors of the Agency.

(3) With the milestones described in paragraph (2), a

description of how the Administrator plans to use the failure

of a prime contractor to meet goals as a ranking factor for

evaluating any other submission from the contractor for future

contracts by the Agency.

(c) ANNUAL REPORTS.—Not later than January 31, 2004,

January 31, 2005, and January 31, 2006, the Administrator shall

submit to the designated congressional committees a report for

the preceding fiscal year that contains a description of the percentage of total contract and grant and cooperative agreement dollar

amounts that were entered into by the Agency, and the total number

of contracts and grants and cooperative agreements that were

awarded by the Agency, to small businesses in each category specified in clauses (i) through (v) of subsection (a)(1)(A) during such

fiscal year. The report for a fiscal year shall include, separately

stated for contracts and grant and cooperative agreements entered

into by the Agency, the percentage of the contracts and grant

and cooperative agreements, respectively, that were awarded to

small businesses in each such category, as computed on the basis

of dollar amounts. The report shall also include a description of

achievements toward measurable milestones for direct contracts

of the Agency entered into by offices outside of Washington, D.C.,

and for subcontracting by prime contractors of the Agency.

(d) DEFINITIONS.—In this section:

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the

Administrator of the United States Agency for International

Development.

(2) AGENCY.—The term ‘‘Agency’’ means the United States

Agency for International Development.

(3) DESIGNATED CONGRESSIONAL COMMITTEES.—The term

‘‘designated congressional committees’’ means—

(A) the Committee on International Relations and the

Committee on Small Business of the House of Representatives; and

(B) the Committee on Foreign Relations and the Committee on Small Business of the Senate.

SEC. 688. PROGRAM TO IMPROVE BUILDING CONSTRUCTION AND

PRACTICES IN LATIN AMERICAN COUNTRIES.

(a) IN GENERAL.—The President, acting through the Administrator of the United States Agency for International Development,

is authorized, under such terms and conditions as the President

22 USC 2152e.

Deadlines.

116 STAT. 1414 PUBLIC LAW 107–228—SEPT. 30, 2002

may determine, to carry out a program to improve building construction codes and practices in Ecuador, El Salvador, and other Latin

American countries (in this section referred to as the ‘‘program’’).

(b) PROGRAM DESCRIPTION.— (1) IN GENERAL.—The program shall be in the form of

grants to, or contracts with, organizations described in paragraph (2) to support the following activities:

(A) TRAINING.—Training of appropriate professionals

in Latin America from both the public and private sectors

to enhance their understanding of building and housing

codes and standards.

(B) TRANSLATION AND DISTRIBUTION.—Translating and

distributing in the region detailed construction manuals,

model building codes, and publications from organizations

described in paragraph (2), including materials that

address zoning, egress, fire and life safety, plumbing, sewage, sanitation, electrical installation, mechanical installation, structural engineering, and seismic design.

(C) OTHER ASSISTANCE.—Offering other relevant assistance as needed, such as helping government officials

develop seismic micro-zonation maps or draft pertinent

legislation, to implement building codes and practices that

will help improve the resistance of buildings and housing

in the region to seismic activity and other natural disasters.

(2) COVERED ORGANIZATIONS.—Grants and contracts provided under this section shall be carried out through United

States organizations with expertise in the areas described in

paragraph (1), including the American Society of Testing Materials, the Underwriters Laboratories, the American Society of

Mechanical Engineers, the American Society of Civil Engineers,

the American Society of Heating, Refrigeration, and Air Conditioning Engineers, the International Association of Plumbing

and Mechanical Officials, the International Code Council, and

the National Fire Protection Association.

SEC. 689. SENSE OF CONGRESS RELATING TO HIV/AIDS AND UNITED

NATIONS PEACEKEEPING OPERATIONS.

It is the sense of the Congress that the President should direct

the Secretary and the United States Representative to the United

Nations to urge the United Nations to adopt an HIV/AIDS mitigation strategy as a component of United Nations peacekeeping operations.

SEC. 690. SENSE OF CONGRESS RELATING TO MAGEN DAVID ADOM

SOCIETY.

(a) FINDINGS.—Congress finds the following:

(1) It is the mission of the International Red Cross and

Red Crescent Movement to prevent and alleviate human suffering wherever it may be found, without discrimination.

(2) The International Red Cross and Red Crescent Movement is a worldwide institution in which all national Red

Cross and Red Crescent societies have equal status.

(3) The Magen David Adom Society is the national humanitarian society in the State of Israel.

(4) Since 1949 the Magen David Adom Society has been

refused admission into the International Red Cross and Red

Crescent Movement and has been relegated to observer status

without a vote because it has used the Red Shield of David,

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1415

the only such national organization denied membership in the

Movement.

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) the International Committee of the Red Cross should

immediately recognize the Magen David Adom Society;

(2) the Federation of Red Cross and Red Crescent Societies

should grant full membership to the Magen David Adom Society

immediately following recognition by the International Committee of the Red Cross of the Magen David Adom Society

as a full member of the International Committee of the Red

Cross;

(3) the Red Shield of David should be accorded the same

protections under international law as the Red Cross and the

Red Crescent; and

(4) the United States should continue to press for full

membership for the Magen David Adom Society in the International Red Cross Movement.

SEC. 691. SENSE OF CONGRESS REGARDING THE LOCATION OF PEACE

CORPS OFFICES ABROAD.

It is the sense of the Congress that, to the degree permitted

by security considerations, the Secretary should give favorable

consideration to requests by the Director of the Peace Corps that

the Secretary exercise his authority under section 606(a)(2)(B) of

the Secure Embassy Construction and Counterterrorism Act of 1999

(22 U.S.C. 4865(a)(2)(B)) to waive certain requirements of that

Act in order to permit the Peace Corps to maintain offices in

foreign countries at locations separate from the United States

embassy.

SEC. 692. SENSE OF CONGRESS RELATING TO RESOLUTION OF THE

TAIWAN STRAIT ISSUE.

It is the sense of the Congress that Taiwan is a mature democracy that fully respects human rights and it is the policy of the

United States that any resolution of the Taiwan Strait issue must

be peaceful and include the assent of the people of Taiwan.

SEC. 693. SENSE OF CONGRESS RELATING TO DISPLAY OF THE AMERICAN FLAG AT THE AMERICAN INSTITUTE IN TAIWAN.

It is the sense of the Congress that the American Institute

in Taiwan and the residence of the director of the American

Institute in Taiwan should publicly display the flag of the United

States in the same manner as United States embassies, consulates,

and official residences throughout the world.

SEC. 694. REPORTS ON ACTIVITIES IN COLOMBIA.

(a) REPORT ON REFORM ACTIVITIES.—

(1) IN GENERAL.—Not later than 180 days after the date

of the enactment of this Act, and not later than April 1 of

each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on the status of activities funded or authorized, in whole or in part, by the Department or the Department of Defense in Colombia to promote

alternative development, recovery and resettlement of

internally displaced persons, judicial reform, the peace process,

and human rights.

(2) CONTENTS.—Each such report shall contain the following:

Deadlines.

22 USC 2291

note.

116 STAT. 1416 PUBLIC LAW 107–228—SEPT. 30, 2002

(A) A summary of activities described in paragraph

(1) during the previous 12-month period.

(B) An estimated timetable for the conduct of such

activities in the subsequent 12-month period.

(C) An explanation of any delay in meeting timetables

contained in the previous report submitted in accordance

with this subsection.

(D) An assessment of steps to be taken to correct

any delays in meeting such timetables.

(b) REPORT ON CERTAIN COUNTERNARCOTICS ACTIVITIES.—

(1) DECLARATION OF POLICY.—It is the policy of the United

States to encourage the transfer of counternarcotics activities

carried out in Colombia by United States businesses that have

entered into agreements with the Department or the Department of Defense to conduct such activities, to Colombian

nationals, in particular personnel of the Colombian

antinarcotics police, when properly qualified personnel are

available.

(2) REPORT.—Not later than 180 days after the date of

the enactment of this Act, and not later than April 1 of each

year thereafter, the Secretary shall submit to the appropriate

congressional committees a report on the activities of United

States businesses that have entered into agreements in the

previous 12-month period with the Department or the Department of Defense to carry out counternarcotics activities in

Colombia.

(3) CONTENTS.—Each such report shall contain the following:

(A) The name of each United States business described

in paragraph (2) and description of the counternarcotics

activities carried out by the business in Colombia.

(B) The total value of all payments by the Department

and the Department of Defense to each such business for

such activities.

(C) A written statement justifying the decision by the

Department and the Department of Defense to enter into

an agreement with each such business for such activities.

(D) An assessment of the risks to personal safety and

potential involvement in hostilities incurred by employees

of each such business as a result of their activities in

Colombia.

(E) A plan to provide for the transfer of the counternarcotics activities carried out by such United States

businesses to Colombian nationals, in particular personnel

of the Colombian antinarcotics police.

(4) DEFINITION.—In this subsection, the term ‘‘United

States business’’ means any person (including any corporation,

partnership, or other organization) that is subject to the jurisdiction of the United States or organized under the laws of

the United States, but does not include any person (including

any corporation, partnership, or other organization) that performs contracts involving personal services.

SEC. 695. REPORT ON UNITED STATES-SPONSORED ACTIVITIES IN

COLOMBIA.

(a) FINDINGS.—Congress makes the following findings:

Deadlines.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1417

(1) Heroin originating from Colombia is beginning to dominate the illicit market of that narcotic in the United States

partly because law enforcement has struggled to interdict effectively what is often voluminous importations of small quantities

of Colombia’s inexpensive and pure heroin.

(2) Destruction of opium, from which heroin is derived,

at its source in Colombia is traditionally one of the best strategies to combat the heroin crisis in the United States, according

to Federal law enforcement officials.

(3) There is a growing alarm concerning the spillover effect

of Plan Colombia on Ecuador, a frontline state. The northern

region of Ecuador, including the Sucumbios province, is an

area of particular concern.

(4) As a result of Plan Colombia-related activities, drug

traffickers, guerrillas, and paramilitary groups have made

incursions from Colombia into Ecuador, increasing the level

of violence and delinquency in the border region.

(b) REPORT TO CONGRESS.—Not later than 150 days after the

date of enactment of this Act, the Secretary shall submit a report

to the appropriate congressional committees which sets forth a

statement of policy and comprehensive strategy for United States

activities in Colombia related to— (1) the eradication of all opium cultivation at its source

in Colombia; and

(2) the impact of Plan Colombia on Ecuador and the other

adjacent countries to Colombia.

SEC. 696. REPORT ON EXTRADITION POLICY AND PRACTICE.

Not later than May 1, 2003, the Secretary shall submit a

report to the appropriate congressional committees on extradition

practice between the United States and governments of foreign

countries with which the United States has an extradition relationship. The report shall include— (1) an aggregate list, by country, of— (A) the number of extradition requests made by the

United States to that country in 2002; and

(B) the number of fugitives extradited by that country

to the United States in 2002;

(2) an aggregate list, by country, of— (A) the number of extradition requests made by that

country to the United States in 2002; and

(B) the number of fugitives extradited by the United

States to that country in 2002;

(3) any other relevant information regarding difficulties

the United States has experienced in obtaining the extradition

of fugitives (including a discussion of the unwillingness of treaty

partners to extradite nationals or where fugitives may face

capital punishment or life imprisonment); and

(4) a summary of the Department’s efforts in 2002 to negotiate new or revised extradition treaties, and its agenda for

such negotiations in 2003.

SEC. 697. SPECIAL COURT FOR SIERRA LEONE.

(a) FINDING.—Congress finds that prompt establishment of a

Special Court for Sierra Leone is an important step in restoring

a credible system of justice and accountability for the crimes committed in Sierra Leone and would contribute to the process of

national reconciliation in that country.

Deadline.

Deadline.

116 STAT. 1418 PUBLIC LAW 107–228—SEPT. 30, 2002

(b) SENSE OF CONGRESS.—It is the sense of Congress that

the United States should support the Truth and Reconciliation

Commission in Sierra Leone, including through assistance in the

collection of human rights data relevant to the Commission’s work.

(c) ALLOCATION OF FUNDS.—Of the amounts made available

to the Department of State for fiscal year 2003, there is authorized

to be available $5,000,000 to support the Special Court for Sierra

Leone.

(d) EXTENSION OF REWARDS PROGRAM.—Section 102 of Public

Law 105–323, as amended (22 U.S.C. 2708 note), is further

amended—

(1) in subsection (a), by inserting ‘‘the Special Court of

Sierra Leone’’ after ‘‘by,’’; and

(2) in subsection (c), by adding at the end the following

new paragraph:

‘‘(3) For the purposes of subsection (a), the Statute of the

Special Court for Sierra Leone means the Statute contained in

the Annex to the Agreement Between the United Nations and

the Government of Sierra Leone on the Establishment of a Special

Court for Sierra Leone.’’.

SEC. 698. UNITED STATES ENVOY FOR PEACE IN SUDAN.

There should continue to be a United States Envoy for Peace

in Sudan until the full implementation of a comprehensive settlement to the conflict in Sudan that is acceptable to the parties

to the conflict.

SEC. 699. TRANSFER OF PROSCRIBED WEAPONS TO PERSONS OR ENTITIES IN THE WEST BANK AND GAZA.

(a) DETERMINATION REGARDING TRANSFERS.—If the President

determines, based on a preponderance of the evidence, that a foreign

person or entity has knowingly transferred proscribed weapons

to Palestinian entities in the West Bank or Gaza, then, for the

period specified in subsection (b), no assistance may be provided

to the person or entity under part II of the Foreign Assistance

Act of 1961 and no sales of defense articles or defense services

may be made to the person or entity under section 23 of the

Arms Export Control Act.

(b) DURATION OF PROHIBITION.—The period referred to in subsection (a) is the period commencing on the date on which a notification of a determination under subsection (a) is submitted to the

appropriate congressional committees and ending on the date that

is two years after such date.

(c) REPORT.—In conjunction with the report required under

title VIII of the P.L.O. Commitments Compliance Act of 1989 (Public

Law 101–246), the President shall submit a report to the appropriate congressional committees on transfers reviewed pursuant

to subsection (a).

(d) DEFINITION.—In this section, the term ‘‘proscribed weapons’’ means arms, ammunition, and equipment the transfer of which

is not in compliance with the Agreement on the Gaza Strip and

the Jericho Area of May 4, 1994, its annexes, or subsequent agreements between Israel and the PLO, or Palestinian Authority, as

appropriate.

SEC. 700. SENSE OF CONGRESS RELATING TO ARSENIC CONTAMINATION IN DRINKING WATER IN BANGLADESH.

(a) FINDINGS.—Congress finds that—

President.

22 USC 2301

note.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1419

(1) beginning in 1993, naturally occurring inorganic arsenic

contamination of water began to be confirmed in Bangladesh

in tube-wells installed in the 1970s, when standard water

testing did not include arsenic tests;

(2) because health effects of ingesting arsenic-contaminated

drinking water appear slowly, preventative measures are critical to preventing future contamination in the Bangladeshi

population; and

(3) health effects of exposure to arsenic include skin lesions,

skin cancer, and mortality from internal cancers.

(b) SENSE OF CONGRESS.—It is the sense of Congress that

the Secretary should— (1) work with appropriate United States Government agencies, national laboratories, universities in the United States,

the Government of Bangladesh, international financial institutions and organizations, and international donors to identify

a long-term solution to the arsenic-contaminated drinking water

problem in Bangladesh, including drawing arsenic out of the

existing tube-wells and finding alternate sources of water; and

(2) submit a report to the appropriate congressional

committees on proposals to bring about arsenic-free drinking

water to Bangladeshis and to facilitate treatment for those

who have already been affected by arsenic-contaminated

drinking water in Bangladesh.

SEC. 701. POLICING REFORM AND HUMAN RIGHTS IN NORTHERN IRELAND.

(a) CONGRESSIONAL STATEMENT OF POLICY.—Congress—

(1) supports independent judicial public inquiries into the

murders of defense attorneys Patrick Finucane and Rosemary

Nelson as a way to instill confidence in the Police Service

of Northern Ireland; and

(2) continues to urge the United Kingdom to take appropriate action to protect defense lawyers and human rights

defenders in Northern Ireland.

(b) DECOMMISSIONING WEAPONS.—Congress—

(1) calls on the Irish Republican Army to continue and

complete the decommissioning of all their arms and explosives;

and

(2) calls for—

(A) the decommissioning of all weapons held by

paramilitaries on all sides, such as the Provisional Irish

Republican Army (PIRA), the Real Irish Republican Army

(RIRA), the Continuity Irish Republican Army (CIRA), the

Loyalist Volunteer Force (LVF), the Orange Volunteers

(OV), the Red Hand Defenders (RHD), the Ulster Defense

Association/Ulster Freedom Fighters (UDA/UFF), the

Ulster Volunteer Force (UVF); and

(B) the immediate cessation of paramilitary punishment attacks and exiling.

(c) SUPPORT FOR GLOBAL WAR ON TERRORISM.—Congress recognizes the United Kingdom’s commitment to support the United

States in a global war on terrorism.

(d) REPORT ON POLICING REFORM AND HUMAN RIGHTS IN

NORTHERN IRELAND.—Not later than 60 days after the date of

the enactment of this Act, the President shall submit a report

to the appropriate congressional committees on the following:

Deadline.

President.

Patrick

Finucane.

Rosemary

Nelson.

116 STAT. 1420 PUBLIC LAW 107–228—SEPT. 30, 2002

(1) The extent to which the Governments of the United

Kingdom and Ireland have implemented the recommendations

relating to the 175 policing reforms contained in the Patten

Commission report issued on September 9, 1999, including

a description of the progress of the integration of human rights,

as well as recruitment procedures aimed at increasing Catholic

representation, including the effectiveness of such procedures,

in the new Police Service of Northern Ireland.

(2) The status of the investigations into the murders of

Patrick Finucane, Rosemary Nelson, and Robert Hammill,

including the extent to which progress has been made on recommendations for independent judicial public inquiries into

these murders.

(3) All decommissioning acts taken to date by the Irish

Republican Army, including the quantity and precise character

of what the IRA decommissioned, as reported and verified

by the International Commission on Decommissioning.

(4) All acts of decommissioning taken by other paramilitary

organizations, including a description of all weapons and explosives decommissioned.

(5) A description of the measures taken to ensure that

the programs described under subsection (e) comply with the

requirements of that subsection.

(e) COMPLIANCE WITH PRIOR PROVISIONS.—Any training or

exchange program conducted by the Federal Bureau of Investigation

or any other Federal law enforcement agency for the Police Service

of Northern Ireland or its members shall—

(1) be necessary to improve the professionalism of policing

in Northern Ireland;

(2) be necessary to advance the peace process in Northern

Ireland;

(3) include in the curriculum a significant human rights

component; and

(4) only be provided to Police Service of Northern Ireland

(PSNI) members who have been subject to a vetting procedure

established by the Department and the Department of Justice

to ensure that such program does not include PSNI members

who there are substantial ground for believing have committed

or condoned violations of internationally recognized human

rights, including any role in the murder of Patrick Finucane

or Rosemary Nelson or other violence or serious threat of

violence against defense attorneys in Northern Ireland.

SEC. 702. ANNUAL REPORTS ON UNITED STATES-VIETNAM HUMAN

RIGHTS DIALOGUE MEETINGS.

Not later than December 31 of each year or 60 days after

the second United States-Vietnam human rights dialogue meeting

held in a calendar year, whichever is earlier, the Secretary shall

submit to the appropriate congressional committees a report covering the issues discussed at the previous two meetings and

describing to what extent the Government of Vietnam has made

progress during the calendar year toward achieving the following

objectives:

(1) Improving the Government of Vietnam’s commercial

and criminal codes to bring them into conformity with international standards, including the repeal of the Government

of Vietnam’s administrative detention decree (Directive 31/CP).

Deadline.

22 USC 2151n

note.

Robert Hammill.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1421

(2) Releasing political and religious activists who have been

imprisoned or otherwise detained by the Government of

Vietnam, and ceasing surveillance and harassment of those

who have been released.

(3) Ending official restrictions on religious activity,

including implementing the recommendations of the United

Nations Special Rapporteur on Religious Intolerance.

(4) Promoting freedom for the press, including freedom

of movement of members of the Vietnamese and foreign press.

(5) Improving prison conditions and providing transparency

in the penal system of Vietnam, including implementing the

recommendations of the United Nations Working Group on

Arbitrary Detention.

(6) Respecting the basic rights of indigenous minority

groups, especially in the central and northern highlands of

Vietnam.

(7) Respecting the basic rights of workers, including

working with the International Labor Organization to improve

mechanisms for promoting such rights.

(8) Cooperating with requests by the United States to

obtain full and free access to persons who may be eligible

for admission to the United States as refugees or immigrants,

and allowing such persons to leave Vietnam without being

subjected to extortion or other corrupt practices.

SEC. 703. SENSE OF CONGRESS REGARDING HUMAN RIGHTS VIOLATIONS IN INDONESIA.

It is the sense of Congress that the Government of Indonesia

should—

(1) demonstrate substantial progress toward ending human

rights violations by the armed forces in Indonesia (TNI);

(2) terminate any TNI support for and cooperation with

terrorist organizations, including Laskar Jihad and militias

operating in the Malukus, Central Sulawesi, West Papua (Irian

Jaya), and elsewhere;

(3) investigate and prosecute those responsible for human

rights violations, including TNI officials, members of Laskar

Jihad, militias, and other terrorist organizations; and

(4) make concerted and demonstrable efforts to find and

prosecute those responsible for the murders of Papuan leader

Theys Elvay, Acehnse human rights advocate Jafar Siddiq

Hamzah, and United States citizens Edwin L. Burgon and

Ricky L. Spier.

SEC. 704. REPORT CONCERNING THE GERMAN FOUNDATION ‘‘REMEMBRANCE, RESPONSIBILITY, AND THE FUTURE’’.

(a) REPORT CONCERNING THE GERMAN FOUNDATION ‘‘REMEM- BRANCE, RESPONSIBILITY, AND THE FUTURE’’.—Not later than 180

days after the date of the enactment of this Act, and every 180

days thereafter until all funds made available to the German

Foundation have been disbursed, the Secretary shall report to the

appropriate congressional committees on the status of the

implementation of the Agreement and, to the extent possible, on

whether or not—

(1) during the 180-day period preceding the date of the

report, the German Bundestag has authorized the allocation

of funds to the Foundation, in accordance with section 17 of

Deadline.

116 STAT. 1422 PUBLIC LAW 107–228—SEPT. 30, 2002

the law on the creation of the Foundation, enacted by the

Federal Republic of Germany on August 8, 2000;

(2) the entire sum of 10,000,000,000 deutsche marks has

been made available to the German Foundation in accordance

with Annex B to the Joint Statement of July 17, 2000;

(3) during the 180-day period preceding the date of the

report, any company or companies investigating a claim, who

are members of ICHEIC, were required to provide to the claimant, within 90 days after receiving the claim, a status report

on the claim, or a decision that included—

(A) an explanation of the decision, pursuant to those

standards of ICHEIC to be applied in approving claims;

(B) all documents relevant to the claim that were

retrieved in the investigation; and

(C) an explanation of the procedures for appeal of

the decision;

(4) during the 180-day period preceding the date of the

report, any entity that elected to determine claims under Article

1(4) of the Agreement was required to comply with the standards of proof, criteria for publishing policyholder names, valuation standards, auditing requirements, and decisions of the

Chairman of ICHEIC;

(5) during the 180-day period preceding the date of the

report, an independent process to appeal decisions made by

any entity that elected to determine claims under Article 1(4)

of the Agreement was available to and accessible by any claimant wishing to appeal such a decision, and the appellate body

had the jurisdiction and resources necessary to fully investigate

each claim on appeal and provide a timely response;

(6) an independent audit of compliance by every entity

that has elected to determine claims under Article 1(4) of

the Agreement has been conducted; and

(7) the administrative and operational expenses incurred

by the companies that are members of ICHEIC are appropriate

for the administration of claims described in paragraph (3).

The Secretary’s report shall include the Secretary’s justification

for each determination under this subsection.

(b) SENSE OF CONGRESS.—It is the sense of the Congress that—

(1) the resolution of slave and forced labor claims is an

urgent issue for aging Holocaust survivors, and the German

Bundestag should allocate funds for disbursement by the German Foundation to Holocaust survivors as soon as possible;

and

(2) ICHEIC should work in consultation with the Secretary

in gathering the information required for the report under

subsection (a).

(c) DEFINITIONS.—In this section:

(1) AGREEMENT.—The term ‘‘Agreement’’ means the Agreement between the Government of the United States of America

and the Government of the Federal Republic of Germany concerning the Foundation ‘‘Remembrance, Responsibility and the

Future’’, done at Berlin July 17, 2000.

(2) ANNEX B TO THE JOINT STATEMENT OF JULY 17, 2000.—

The term ‘‘Annex B to the Joint Statement of July 17, 2000’’

means Annex B to the Joint Statement on occasion of the

final plenary meeting concluding international talks on the

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1423

preparation of the Federal Foundation ‘‘Remembrance, Responsibility and the Future’’, done at Berlin on July 17, 2000.

(3) GERMAN FOUNDATION.—The term ‘‘German Foundation’’

means the Foundation ‘‘Remembrance, Responsibility and the

Future’’ referred to in the Agreement.

(4) ICHEIC.—The term ‘‘ICHEIC’’ means the International

Commission on Holocaust Era Insurance Claims referred to

in Article 1(4) of the Agreement.

SEC. 705. SENSE OF CONGRESS ON RETURN OF PORTRAITS OF HOLOCAUST VICTIMS TO THE ARTIST DINA BABBITT.

(a) FINDINGS.—Congress finds that—

(1) Dina Babbitt (formerly known as Dinah Gottliebova),

a United States citizen has requested the return of watercolor

portraits she painted while suffering a 11⁄2-year-long internment at the Auschwitz death camp during World War II;

(2) Dina Babbitt was ordered to paint the portraits by

the infamous war criminal Dr. Josef Mengele;

(3) Dina Babbitt’s life, and her mother’s life, were spared

only because she painted portraits of doomed inmates of Auschwitz-Birkenau, under orders from Dr. Josef Mengele;

(4) these paintings are currently in the possession of the

Auschwitz-Birkenau State Museum;

(5) Dina Babbitt is the rightful owner of the artwork,

since the paintings were produced by her own talented hands

as she endured the unspeakable conditions that existed at

the Auschwitz death camp;

(6) the artwork is not available for the public to view

at the Auschwitz-Birkenau State Museum and therefore this

unique and important body of work is essentially lost to history;

and

(7) this continued injustice can be righted through cooperation between agencies of the United States and Poland.

(b) SENSE OF CONGRESS.—Congress—

(1) recognizes the moral right of Dina Babbitt to obtain

the artwork she created, and recognizes her courage in the

face of the evils perpetrated by the Nazi command of the

Auschwitz-Birkenau death camp, including the atrocities committed by Dr. Josef Mengele;

(2) urges the President to make all efforts necessary to

retrieve the 7 watercolor portraits Dina Babbitt painted, while

suffering a 11⁄2-year-long internment at the Auschwitz death

camp, and return them to her;

(3) urges the Secretary to make immediate diplomatic

efforts to facilitate the transfer of the 7 original watercolors

painted by Dina Babbitt from the Auschwitz-Birkenau State

Museum to Dina Babbitt, their rightful owner;

(4) urges the Government of Poland to immediately facilitate the return to Dina Babbitt of the artwork painted by

her that is now in the possession of the Auschwitz-Birkenau

State Museum; and

(5) urges the officials of the Auschwitz-Birkenau State

Museum to transfer the 7 original paintings to Dina Babbitt

as expeditiously as possible.

Dinah

Gottliebova.

116 STAT. 1424 PUBLIC LAW 107–228—SEPT. 30, 2002

SEC. 706. INTERNATIONAL DRUG CONTROL CERTIFICATION PROCEDURES.

During any fiscal year, funds that would otherwise be withheld

from obligation or expenditure under section 490 of the Foreign

Assistance Act of 1961 may be obligated or expended beginning

October 1 of such fiscal year provided that:

(1) REPORT.—Not later than September 15 of the previous

fiscal year the President has submitted to the appropriate

congressional committees a report identifying each country

determined by the President to be a major drug transit country

or major illicit drug producing country as defined in section

481(e) of the Foreign Assistance Act of 1961.

(2) DESIGNATION AND JUSTIFICATION.—In each report under

paragraph (1), the President shall also—

(A) designate each country, if any, identified in such

report that has failed demonstrably, during the previous

12 months, to make substantial efforts—

(i) to adhere to its obligations under international

counternarcotics agreements; and

(ii) to take the counternarcotics measures set forth

in section 489(a)(1) of the Foreign Assistance Act of

1961; and

(B) include a justification for each country so designated.

(3) LIMITATION ON ASSISTANCE FOR DESIGNATED COUNTRIES.—In the case of a country identified in a report under

paragraph (1) that is also designated under paragraph (2) in

the report, United States assistance may be provided to such

country in the subsequent fiscal year only if the President

determines and reports to the appropriate congressional

committees that—

(A) provision of such assistance to the country in such

fiscal year is vital to the national interests of the United

States; or

(B) subsequent to the designation being made under

paragraph (2)(A), the country has made substantial

efforts—

(i) to adhere to its obligations under international

counternarcotics agreements; and

(ii) to take the counternarcotics measures set forth

in section 489(a)(1) of the Foreign Assistance Act of

1961.

(4) INTERNATIONAL COUNTERNARCOTICS AGREEMENT

DEFINED.—In this section, the term ‘‘international counternarcotics agreement’’ means—

(A) the United Nations Convention Against Illicit

Traffic in Narcotic Drugs and Psychotropic Substances;

or

(B) any bilateral or multilateral agreement in force

between the United States and another country or countries

that addresses issues relating to the control of illicit drugs,

such as—

(i) the production, distribution, and interdiction

of illicit drugs;

(ii) demand reduction;

(iii) the activities of criminal organizations;

Deadline.

President.

22 USC 2291j–1.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1425

(iv) international legal cooperation among courts,

prosecutors, and law enforcement agencies (including

the exchange of information and evidence);

(v) the extradition of nationals and individuals

involved in drug-related criminal activity;

(vi) the temporary transfer for prosecution of

nationals and individuals involved in drug-related

criminal activity;

(vii) border security;

(viii) money laundering;

(ix) illicit firearms trafficking;

(x) corruption;

(xi) control of precursor chemicals;

(xii) asset forfeiture; and

(xiii) related training and technical assistance,

and includes, where appropriate, timetables and objective and

measurable standards to assess the progress made by participating countries with respect to such issues.

(5) APPLICATION.—(A) Section 490 (a) through (h) of the

Foreign Assistance Act of 1961 (22 U.S.C. 2291j(a)-(h)) shall

not apply during any fiscal year with respect to any country

identified in the report required by paragraph (1) of this section.

(B) Notwithstanding paragraphs (1) through (5)(A) of this

section, the President may apply the procedures set forth in

section 490 (a) through (h) of the Foreign Assistance Act of

1961 during any fiscal year with respect to any country determined to be a major drug transit country or major illicit drug

producing country as defined in section 481(e) of the Foreign

Assistance Act of 1961.

(6) STATUTORY CONSTRUCTION.—Nothing in this section

supersedes or modifies the requirement in section 489(a) of

the Foreign Assistance Act of 1961 (with respect to the International Narcotics Control Strategy Report) for the transmittal

of a report not later than March 1, each fiscal year under

that section.

(7) TRANSITION RULE.—For funds obligated or expended

under this section in fiscal year 2003, the date for submission

of the report required by paragraph (1) of this section shall

be at least 15 days before funds are obligated or expended.

(8) EFFECTIVE DATE.—This section shall take effect upon

the date of enactment of this Act into law and shall remain

in effect thereafter unless Congress enacts subsequent legislation repealing such section.

DIVISION B—SECURITY ASSISTANCE

ACT OF 2002

TITLE X—GENERAL PROVISIONS

SEC. 1001. SHORT TITLE.

This division may be cited as the ‘‘Security Assistance Act

of 2002’’.

SEC. 1002. DEFINITIONS.

In this division:

22 USC 2151

note.

22 USC 2151

note.

Security

Assistance Act of

2002.

116 STAT. 1426 PUBLIC LAW 107–228—SEPT. 30, 2002

(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)).

TITLE XI—VERIFICATION OF ARMS

CONTROL AND NONPROLIFERATION

AGREEMENTS

SEC. 1101. VERIFICATION AND COMPLIANCE BUREAU PERSONNEL.

(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.

SEC. 1102. KEY VERIFICATION ASSETS FUND.

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.

SEC. 1103. REVISED VERIFICATION AND COMPLIANCE REPORTING

REQUIREMENTS.

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’’.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1427

TITLE XII—MILITARY AND RELATED

ASSISTANCE

Subtitle A—Foreign Military Sales and

Financing Authorities

SEC. 1201. AUTHORIZATION OF APPROPRIATIONS.

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.

SEC. 1202. RELATIONSHIP OF FOREIGN MILITARY SALES TO UNITED

STATES NONPROLIFERATION INTERESTS.

(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)).’’.

SEC. 1203. OFFICIAL RECEPTION AND REPRESENTATION EXPENSES.

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’’.

SEC. 1204. ARMS EXPORT CONTROL ACT PROHIBITION ON TRANSACTIONS WITH COUNTRIES THAT HAVE REPEATEDLY

PROVIDED SUPPORT FOR ACTS OF INTERNATIONAL TERRORISM.

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’’.

SEC. 1205. CONGRESSIONAL NOTIFICATION OF SMALL ARMS AND

LIGHT WEAPONS LICENSE APPROVALS; REPORTS.

(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’’.

116 STAT. 1428 PUBLIC LAW 107–228—SEPT. 30, 2002

(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 June 30,

2003, the Secretary shall submit a report to the appropriate congressional committees on activities of registered arms brokers, which

shall discuss—

(1) the role of such brokers in the United States and

other countries;

(2) United States law, regulations, and policy regarding

arms brokers;

(3) violations of the Arms Export Control Act;

(4) United States resources and personnel devoted to the

monitoring of arms brokers;

(5) any needed changes in law, regulation, policy, or

resources; and

(6) any implications for the regulation of arms brokers

in other countries.

SEC. 1206. TREATMENT OF TAIWAN RELATING TO TRANSFERS OF

DEFENSE ARTICLES AND DEFENSE SERVICES.

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)).

Subtitle B—International Military

Education and Training

SEC. 1211. AUTHORIZATION OF APPROPRIATIONS.

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).

SEC. 1212. HUMAN RIGHTS VIOLATIONS.

(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:

22 USC 2321k

note.

Deadline.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1429

‘‘SEC. 549. HUMAN RIGHTS REPORT.

‘‘(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.’’.

SEC. 1213. PARTICIPATION IN POST-UNDERGRADUATE FLYING

TRAINING AND TACTICAL LEADERSHIP PROGRAMS.

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 United States

for post-undergraduate flying and tactical leadership training.

‘‘(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 United States.

Deadline.

22 USC 2347h.

116 STAT. 1430 PUBLIC LAW 107–228—SEPT. 30, 2002

‘‘(3) Costs incurred by the United States shall be charged to

the current applicable appropriations accounts or funds of the

participating United States Government agencies.’’.

Subtitle C—Assistance for Select Countries

SEC. 1221. ASSISTANCE FOR ISRAEL AND EGYPT.

(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

Deadline.

114 Stat. 857.

114 Stat. 856.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1431

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.’’.

SEC. 1222. SECURITY ASSISTANCE FOR GREECE AND TURKEY.

(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 Greece; and

(2) $2,800,000 for fiscal year 2003 is authorized to be

available for Turkey.

(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 October 1, 2002, section 512 of the Security Assistance Act of 2000 (Public Law 106–280; 114 Stat. 856)

is repealed.

SEC. 1223. SECURITY ASSISTANCE FOR CERTAIN OTHER COUNTRIES.

(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 BALTIC STATES.—For all of the Baltic states of

Estonia, Latvia, and Lithuania, $22,000,000.

(2) BULGARIA.—For Bulgaria, $11,000,000.

(3) THE CZECH REPUBLIC.—For the Czech Republic,

$11,000,000.

(4) GEORGIA.—For Georgia, $7,000,000.

(5) HUNGARY.—For Hungary, $11,000,000.

(6) JORDAN.—For Jordan, $198,000,000.

(7) MALTA.—For Malta, $1,150,000.

(8) THE PHILIPPINES.—For the Philippines, $25,000,000.

(9) POLAND.—For Poland, $16,000,000.

(10) ROMANIA.—For Romania, $12,000,000.

(11) SLOVAKIA.— For Slovakia, $9,000,000.

(12) SLOVENIA.—For Slovenia, $5,000,000.

(b) IMET.—Of the amount made available for the fiscal year

2003 to carry out chapter 5 of part II of the Foreign Assistance

116 STAT. 1432 PUBLIC LAW 107–228—SEPT. 30, 2002

Act of 1961 (22 U.S.C. 2347 et seq.), the following amounts are

authorized to be available for the following countries:

(1) THE BALTIC STATES.—For all of the Baltic states of

Estonia, Latvia, and Lithuania, $3,300,000.

(2) BULGARIA.—For Bulgaria, $1,370,000.

(3) THE CZECH REPUBLIC.—For the Czech Republic, $1,900,000.

(4) GEORGIA.—For Georgia, $1,200,000.

(5) HUNGARY.—For Hungary, $1,900,000.

(6) JORDAN.—For Jordan, $4,000,000.

(7) MALTA.—For Malta, $350,000.

(8) THE PHILIPPINES.—For the Philippines, $2,000,000.

(9) POLAND.—For Poland, $2,000,000.

(10) ROMANIA.—For Romania, $1,500,000.

(11) SLOVAKIA.—For Slovakia, $950,000.

(12) SLOVENIA.—For Slovenia, $950,000.

(c) REPEALS.—Sections 511 (a) and (b) and 515 of the Security

Assistance Act of 2000 are repealed.

SEC. 1224. ASSISTANCE TO LEBANON.

(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 Lebanon have been deployed to

the internationally recognized border between Lebanon and

Israel; and

(2) the Government of Lebanon is effectively asserting its

authority in the area in which such armed forces have been

deployed.

(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.

Subtitle D—Excess Defense Article and

Drawdown Authorities

SEC. 1231. EXCESS DEFENSE ARTICLES FOR CERTAIN COUNTRIES.

(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

22 USC 2346

note.

114 Stat. 855,

858.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1433

for those countries demonstrating a genuine commitment to democracy and human rights.

SEC. 1232. ANNUAL LISTING OF POSSIBLE EXCESS DEFENSE ARTICLES.

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’’.

SEC. 1233. LEASES OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES

AND INTERNATIONAL ORGANIZATIONS.

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.’’.

SEC. 1234. PRIORITY WITH RESPECT TO TRANSFER OF EXCESS

DEFENSE ARTICLES.

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 Philippines’’.

Subtitle E—Other Political-Military

Assistance

SEC. 1241. DESTRUCTION OF SURPLUS WEAPONS STOCKPILES.

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.

Subtitle F—Antiterrorism Assistance

SEC. 1251. AUTHORIZATION OF APPROPRIATIONS.

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

116 STAT. 1434 PUBLIC LAW 107–228—SEPT. 30, 2002

year 2002’’ and inserting ‘‘, $73,000,000 for fiscal year 2002, and

$64,200,000 for fiscal year 2003’’.

Subtitle G—Other Matters

SEC. 1261. ADDITIONS TO UNITED STATES WAR RESERVE STOCKPILES

FOR ALLIES.

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.’’.

SEC. 1262. REVISED MILITARY ASSISTANCE REPORTING REQUIREMENTS.

(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.

SEC. 1263. CONSULTATION WITH CONGRESS WITH REGARD TO TAIWAN.

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 United States security assistance to Taiwan,

including the provision of defense articles and defense services.

Effective date.

President.

22 USC 3302

note.

Deadline.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1435

TITLE XIII—NONPROLIFERATION AND

EXPORT CONTROL ASSISTANCE

Subtitle A—General Provisions

SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.

(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 Soviet Union.

(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.

SEC. 1302. NONPROLIFERATION TECHNOLOGY ACQUISITION PROGRAMS FOR FRIENDLY FOREIGN COUNTRIES.

(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 xray 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.

Deadlines.

22 USC 2349bb

note.

116 STAT. 1436 PUBLIC LAW 107–228—SEPT. 30, 2002

SEC. 1303. INTERNATIONAL NONPROLIFERATION AND EXPORT CONTROL TRAINING.

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:

‘‘SEC. 584. INTERNATIONAL NONPROLIFERATION EXPORT CONTROL

TRAINING.

‘‘(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.’’.

SEC. 1304. RELOCATION OF SCIENTISTS.

(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’’.

22 USC

2349bb–2a note.

22 USC

2349bb–3,

2349bb–4.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1437

(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.

SEC. 1305. INTERNATIONAL ATOMIC ENERGY AGENCY REGULAR

BUDGET ASSESSMENTS AND VOLUNTARY CONTRIBUTIONS.

(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 United States national security

objectives by helping to prevent the proliferation of nuclear

weapons material, especially through its work on effective

verification and safeguards measures.

(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 United States

will be needed if the IAEA is to increase its safeguards activities

and also to implement its action plan to address the worldwide

risks posed by lost or poorly secured radioactive sources.

(8) Although voluntary contributions by the United States

lessen the IAEA’s budgetary constraints, they cannot readily

be used for the long-term capital investments or permanent

staff increases necessary to an effective IAEA safeguards

regime.

8 USC 1153 note.

116 STAT. 1438 PUBLIC LAW 107–228—SEPT. 30, 2002

(9) The recent United States decision to accept a 25 percent

IAEA regular budget assessment was based upon a correct

interpretation of existing law. It was not the intent of Congress

that the United States contributions to all United Nationsrelated organizations and activities be reduced pursuant to

the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (as enacted

into law by section 1000(a)(7) of Public Law 106–113; 113

Stat. 1501A–405 et seq.), which sets 22 percent assessment

rates as benchmarks for the general United Nations budget,

the Food and Agricultural Organization, the World Health

Organization, and the International Labor Organization.

Rather, contributions for an important and effective agency

such as the IAEA should be maintained at levels commensurate

with the criticality of its mission.

(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.

SEC. 1306. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF

2000.

(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 CER- TAIN 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 July 12,

1996, or any subsequent revision of that list’’.

SEC. 1307. AMENDMENTS TO THE NORTH KOREA THREAT REDUCTION

ACT OF 1999.

(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,’’.

50 USC 1701

note.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1439

(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).’’.

SEC. 1308. ANNUAL REPORTS ON THE PROLIFERATION OF MISSILES

AND ESSENTIAL COMPONENTS OF NUCLEAR,

BIOLOGICAL, CHEMICAL, AND RADIOLOGICAL WEAPONS.

(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

Deadline.

President.

50 USC 2368.

113 Stat.

1501A–473.

116 STAT. 1440 PUBLIC LAW 107–228—SEPT. 30, 2002

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

United States, and that other adherents to the MTCR and

other arrangements affecting the acquisition and delivery of

NBC weapons, have made with respect to activities and private

persons and governments suspected of violating the MTCR

and such other arrangements.

(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 United States policy regarding the

transfer of MTCR equipment or technology to foreign missile

programs, including programs involving launches of space

vehicles.

(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,

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1441

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 United States

or foreign individual, partnership, corporation, or other form

of association, or any of its successor entities, parents, or

subsidiaries.

(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.

SEC. 1309. THREE-YEAR INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION STRATEGY.

Not later than 180 days after the date of the enactment of

this Act, the Secretary of State shall prepare and submit to the

Deadline.

22 USC 2656

note.

22 USC 2656

note.

50 USC 1701

note.

116 STAT. 1442 PUBLIC LAW 107–228—SEPT. 30, 2002

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 United

States with respect to arms control and nonproliferation of

weapons of mass destruction and their delivery systems.

(3) A description of the programs, projects, and activities

of the Department of State intended to accomplish goals and

objectives described in paragraph (2).

Subtitle B—Russian Federation Debt

Reduction for Nonproliferation

SEC. 1311. SHORT TITLE.

This subtitle may be cited as the ‘‘Russian Federation Debt

for Nonproliferation Act of 2002’’.

SEC. 1312. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds the following:

(1) It is in the vital security interests of the United States

to prevent the spread of weapons of mass destruction to additional states or to terrorist organizations, and to ensure that

other nations’ obligations to modify their stockpiles of such

arms in accordance with treaties, executive agreements, or

political commitments are fulfilled.

(2) In particular, it is in the vital national security interests

of the United States to ensure that—

(A) all stocks of nuclear weapons and weapons-usable

nuclear material in the Russian Federation are secure and

accounted for;

(B) stocks of nuclear weapons and weapons-usable

nuclear material that are excess to military needs in the

Russian Federation are monitored and reduced;

(C) any chemical or biological weapons, related materials, and facilities in the Russian Federation are destroyed;

(D) the Russian Federation’s nuclear weapons complex

is reduced to a size appropriate to its post-Cold War missions, and its experts in weapons of mass destruction technologies are shifted to gainful and sustainable civilian

employment;

(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) United States programs should be designed to accomplish these vital objectives in the Russian Federation as rapidly

22 USC 5952

note.

22 USC 5952

note.

Russian

Federation Debt

for

Nonproliferation

Act of 2002.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1443

as possible, and the President should develop and present to

Congress a plan for doing so.

(4) Substantial progress has been made in United StatesRussian Federation cooperative programs to achieve these

objectives, but much more remains to be done to reduce the

urgent risks to United States national security posed by the

current state of the Russian Federation’s weapons of mass

destruction stockpiles and complexes.

(5) The threats posed by inadequate management of

weapons of mass destruction stockpiles and complexes in the

Russian Federation remain urgent. Incidents in years immediately preceding 2001, which have been cited by the Russia

Task Force of the Secretary of Energy Advisory Board, include—

(A) a conspiracy at one of the Russian Federation’s

largest nuclear weapons facilities to steal nearly enough

highly enriched uranium for a nuclear bomb;

(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 Russian

Federation submarine base.

(6) Addressing these threats to United States and world

security will ultimately consume billions of dollars, a burden

that will have to be shared by the Russian Federation, the

United States, and other governments, if these threats are

to be neutralized.

(7) The creation of new funding streams could accelerate

progress in reducing these threats to United States security

and help the government of the Russian Federation to fulfill

its responsibility for secure management of its weapons stockpiles and complexes as United States assistance phases out.

(8) The Russian Federation has a significant foreign debt,

a substantial proportion of which it inherited from the Soviet

Union.

(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 Russian

Federation could be designed to provide additional funding

for nonproliferation and arms reduction initiatives.

(10) Most of the Russian Federation’s official bilateral debt

is held by United States allies that are advanced industrial

democracies. Since the issues described pose threats to United

States allies as well, United States leadership that results

in a larger contribution from United States allies to cooperative

threat reduction activities will be needed.

(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 LendVerDate 11-MAY-2000 03:53 Oct 10, 2002 Jkt 019139 PO 00228 Frm 00095 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL228.107 GSDDPC PsN: PUBL228
116 STAT. 1444 PUBLIC LAW 107–228—SEPT. 30, 2002

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 Russian Federation are targeted to the accomplishment

of the United States objectives described in the findings set

forth in subsection (a).

SEC. 1313. DEFINITIONS.

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 United States and the Russian

Federation entered into under section 1315(a).

(4) SOVIET-ERA DEBT.—The term ‘‘Soviet-era debt’’ means

debt owed as a result of loans or credits provided by the

United States (or any agency of the United States) to the

Union of Soviet Socialist Republics under the Lend Lease Act

of 1941 or the Commodity Credit Corporation Charter Act.

(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.

SEC. 1314. AUTHORITY TO REDUCE THE RUSSIAN FEDERATION’S

SOVIET-ERA DEBT OBLIGATIONS TO THE UNITED STATES.

(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

22 USC 5952

note.

22 USC 5952

note.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1445

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 Soviet Union under the Lend Lease

Act of 1941; and

(ii) the Commodity Credit Corporation, with

respect to obligations of the former Soviet Union under

the Commodity Credit Corporation Act;

(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.

SEC. 1315. RUSSIAN FEDERATION NONPROLIFERATION INVESTMENT

AGREEMENT.

(a) IN GENERAL.—

(1) IN GENERAL.—The President is authorized to enter into

an agreement with the Russian Federation under which an

amount equal to the value of the debt reduced pursuant to

22 USC 5952

note.

Notification.

President.

President.

116 STAT. 1446 PUBLIC LAW 107–228—SEPT. 30, 2002

section 1314 will be used to promote the nonproliferation of

weapons of mass destruction and the means of delivering such

weapons. An agreement entered into under this section may

be referred to as the ‘‘Russian Federation Nonproliferation

Investment Agreement’’.

(2) CONGRESSIONAL NOTIFICATION.—The President shall

notify the appropriate congressional committees at least 15

days in advance of the United States entering into a Russian

Federation Nonproliferation Investment Agreement.

(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 Russian

Federation for agreed nonproliferation programs and projects;

(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 Russian Federation;

(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 Russian Federation.

(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.

President.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1447

SEC. 1316. INDEPENDENT MEDIA AND THE RULE OF LAW.

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.

SEC. 1317. RESTRICTION ON DEBT REDUCTION AUTHORITY.

(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 knowhow 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 United

States; and

(2) so reports to the appropriate congressional committees.

SEC. 1318. DISCUSSION OF RUSSIAN FEDERATION DEBT REDUCTION

FOR NONPROLIFERATION WITH OTHER CREDITOR

STATES.

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.

22 USC 5952

note.

22 USC 5952

note.

22 USC 5952

note.

116 STAT. 1448 PUBLIC LAW 107–228—SEPT. 30, 2002

SEC. 1319. IMPLEMENTATION OF UNITED STATES POLICY.

It is the sense of Congress that implementation of debt-fornonproliferation programs with the Russian Federation should be

overseen by the coordinating mechanism established pursuant to

section 1334 of this Act.

SEC. 1320. CONSULTATIONS WITH CONGRESS.

The President shall consult with the appropriate congressional

committees on a periodic basis to review the implementation of

this subtitle and the Russian Federation’s eligibility for debt reduction pursuant to this subtitle.

SEC. 1321. ANNUAL REPORTS TO CONGRESS.

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.

Subtitle C—Nonproliferation Assistance

Coordination

SEC. 1331. SHORT TITLE.

This subtitle may be cited as the ‘‘Nonproliferation Assistance

Coordination Act of 2002’’.

SEC. 1332. FINDINGS.

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 weaponsproliferating states;

(2) although these efforts are in the United States national

security interest, the effectiveness of these efforts has suffered

from a lack of coordination within and among United States

Government agencies;

(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

50 USC 2357.

50 USC 2301

note.

Nonproliferation

Assistance

Coordination Act

of 2002.

Deadlines.

President.

22 USC 5952

note.

President.

22 USC 5952

note.

22 USC 5952

note.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1449

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.

SEC. 1333. DEFINITIONS.

(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.

SEC. 1334. ESTABLISHMENT OF COMMITTEE ON NONPROLIFERATION

ASSISTANCE.

(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 United States to designate a representative

of that department or agency to participate from time to time

in the activities of the Committee.

President.

50 USC 2357b.

50 USC 2357a.

116 STAT. 1450 PUBLIC LAW 107–228—SEPT. 30, 2002

SEC. 1335. PURPOSES AND AUTHORITY.

(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) United States nonproliferation and threat reduction

efforts, and particularly such efforts in the independent

states of the former Soviet Union; and

(B) coordinating the implementation of United States

policy with respect to such efforts.

(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 United States

departments and agencies on nonproliferation and threat reduction efforts;

(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 Soviet Union or other countries of concern

to voluntarily report these efforts to it;

(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 United States nonproliferation efforts as may be

necessary.

50 USC 2357c.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1451

SEC. 1336. ADMINISTRATIVE SUPPORT.

All United States departments and agencies shall provide, to

the extent permitted by law, such information and assistance as

may be requested by the coordination mechanism established pursuant to section 1334 of this Act, in carrying out its functions and

activities under this subtitle.

SEC. 1337. CONFIDENTIALITY OF INFORMATION.

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.

SEC. 1338. STATUTORY CONSTRUCTION.

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.).

SEC. 1339. REPORTING AND CONSULTATION.

(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.

Subtitle D—Iran Nuclear Proliferation

Prevention Act of 2002

SEC. 1341. SHORT TITLE.

This subtitle may be cited as the ‘‘Iran Nuclear Proliferation

Prevention Act of 2002’’.

SEC. 1342. WITHHOLDING OF VOLUNTARY CONTRIBUTIONS TO THE

INTERNATIONAL ATOMIC ENERGY AGENCY FOR PROGRAMS AND PROJECTS IN IRAN.

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

22 USC 2021

note.

Iran Nuclear

Proliferation

Prevention Act of

2002.

Deadline.

50 USC 2357g.

50 USC 2357f.

50 USC 2357e.

50 USC 2357d.

116 STAT. 1452 PUBLIC LAW 107–228—SEPT. 30, 2002

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.’’.

SEC. 1343. ANNUAL REVIEW BY SECRETARY OF STATE OF PROGRAMS

AND PROJECTS OF THE INTERNATIONAL ATOMIC

ENERGY AGENCY; UNITED STATES OPPOSITION TO CERTAIN PROGRAMS AND PROJECTS OF THE AGENCY.

(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 INTER- NATIONAL 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.

SEC. 1344. REPORTING REQUIREMENTS.

(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 Iran from the International Atomic Energy Agency;

(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 Iran from the Agency in the preceding year

that could assist in the development of Iran’s nuclear weapons

program; and

(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.

Deadline.

22 USC 2021

note.

Deadline.

22 USC 2027.

Effective date.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1453

(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.

SEC. 1345. SENSE OF CONGRESS.

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 United States nuclear nonproliferation policy and international

nuclear nonproliferation norms.

TITLE XIV—EXPEDITING THE

MUNITIONS LICENSING PROCESS

SEC. 1401. LICENSE OFFICER STAFFING.

(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.

SEC. 1402. FUNDING FOR DATABASE AUTOMATION.

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.

SEC. 1403. INFORMATION MANAGEMENT PRIORITIES.

(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 United States companies through the

Internet for the purpose of filing and tracking their Munitions

List license applications; and

(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;

Internet.

Records.

22 USC 2778

note.

Effective date.

116 STAT. 1454 PUBLIC LAW 107–228—SEPT. 30, 2002

(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).

SEC. 1404. IMPROVEMENTS TO THE AUTOMATED EXPORT SYSTEM.

(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

13 USC 301 note.

Regulations.

Federal Register,

publication.

13 USC 301 note.

13 USC 301 note.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1455

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:

‘‘SEC. 305. PENALTIES FOR UNLAWFUL EXPORT INFORMATION ACTIVITIES.

‘‘(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

116 STAT. 1456 PUBLIC LAW 107–228—SEPT. 30, 2002

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 United States,

subject to policies and procedures approved by the Attorney

General.

‘‘(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, United

States Code.’’. (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.’’.

SEC. 1405. ADJUSTMENT OF THRESHOLD AMOUNTS FOR CONGRESSIONAL REVIEW PURPOSES.

(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

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1457

(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))—

116 STAT. 1458 PUBLIC LAW 107–228—SEPT. 30, 2002

(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.’’.

SEC. 1406. CONGRESSIONAL NOTIFICATION OF REMOVAL OF ITEMS

FROM THE MUNITIONS LIST.

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.’’.

TITLE XV—NATIONAL SECURITY

ASSISTANCE STRATEGY

SEC. 1501. BRIEFING ON THE STRATEGY.

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;

Deadline.

22 USC

2799aa–1 note.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1459

(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.

SEC. 1502. SECURITY ASSISTANCE SURVEYS.

(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).

TITLE XVI—MISCELLANEOUS

PROVISIONS

SEC. 1601. NUCLEAR AND MISSILE NONPROLIFERATION IN SOUTH

ASIA.

(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.

116 STAT. 1460 PUBLIC LAW 107–228—SEPT. 30, 2002

(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.

SEC. 1602. REAL-TIME PUBLIC AVAILABILITY OF RAW SEISMOLOGICAL

DATA.

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.

SEC. 1603. DETAILING UNITED STATES GOVERNMENTAL PERSONNEL

TO INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION ORGANIZATIONS.

(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).

SEC. 1604. DIPLOMATIC PRESENCE OVERSEAS.

(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

22 USC 2655b.

Deadline.

42 USC 7704

note.

Deadline.

President.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1461

(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.

SEC. 1605. COMPLIANCE WITH THE CHEMICAL WEAPONS CONVENTION.

(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

Government

organization.

116 STAT. 1462 PUBLIC LAW 107–228—SEPT. 30, 2002

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.

Deadlines.

PUBLIC LAW 107–228—SEPT. 30, 2002 116 STAT. 1463

TITLE XVII—AUTHORITY TO TRANSFER

NAVAL VESSELS

SEC. 1701. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN

FOREIGN COUNTRIES.

(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 SHIP- YARDS.—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

President.

116 STAT. 1464 PUBLIC LAW 107–228—SEPT. 30, 2002

LEGISLATIVE HISTORY—H.R. 1646 (S. 1401):

HOUSE REPORTS: Nos. 107–57 (Comm. on International Relations) and 107–671

(Comm. of Conference).

SENATE REPORTS: No. 107–60 accompanying S. 1401 (Comm. on Foreign Relations).

CONGRESSIONAL RECORD:

Vol. 147 (2001): May 16, considered and passed House.

Vol. 148 (2002): May 1, considered and passed Senate, amended.

Sept. 25, House agreed to conference report.

Sept. 26, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):

Sept. 30, Presidential statement.

Æ

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.

Approved September 30, 2002.