495 
(4) establish incentives for personnel to partici-
pate in the Rotation Program, including through 
promotions and employment preferences; 
(5) ensure that the Rotation Program provides 
professional education and training; 
(6) ensure that the Rotation Program develops 
qualified employees and future leaders with broad 
based experience throughout the Department of 
State; and 
(7) provide for greater interaction among em-
ployees of relevant Federal agencies. 
(d) ALLOWANCES, PRIVILEGES, AND BENEFITS.—All 
allowances, privileges, rights, seniority, and other benefits 
of personnel participating in the Rotation Program shall 
be preserved. 
(e) REPORTING.—Not later than 1 year after the 
date of the establishment of the Rotation Program, the 
Secretary shall submit to the appropriate congressional 
committees and the Committee on Armed Services of the 
House of Representatives and the Committee on Armed 
Services of the Senate a report on the status of the Rota-
tion Program, including a description of the Rotation Pro-
gram, the number of individuals participating, and how 
the Rotation Program is used in succession planning and 
leadership development. 
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(f) DEFINITION.—For the purposes of this section, 
the term ‘‘relevant Federal agency’’ means the Depart-
ment of State and any other Federal agency that is in-
volved in United States arms control and nonproliferation 
activities. 
CHAPTER 2—MISSILE 
NONPROLIFERATION 
SEC. 5121. LICENSING. 
(a) ESTABLISHMENT
OF LIST
OF CONTROLLED 
ITEMS.—The Secretary, in consultation with the Secretary 
of Defense and the heads of other appropriate Federal 
agencies, shall establish and maintain, as part of the 
United States Munitions List, a list of all items on the 
Missile Technology Control Regime (MTCR) Annex the 
export of which is not controlled under section 6(l) of the 
Export Administration Act of 1979 (as continued in effect 
under the International Emergency Economic Powers 
Act). 
(b) REFERRAL OF LICENSE APPLICATIONS.— 
(1) IN GENERAL.—A determination of the Sec-
retary to approve a license for the export of an item 
on the list established under subsection (a) may be 
made only after the license application is referred to 
the Secretary of Defense. 
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497 
(2) COORDINATION.—Not later than 10 days 
after a license is issued for the export of an item on 
the list established under subsection (a), the Sec-
retary shall provide to the Secretary of Defense and 
the Secretary of Commerce the license application 
and accompanying documents issued to the appli-
cant, to the extent that the relevant Secretary indi-
cates the need to receive such application and docu-
ments. 
(c) INFORMATION SHARING.—The Secretary shall es-
tablish a procedure for sharing information with appro-
priate officials of the intelligence community, as deter-
mined by the Director of National Intelligence, and with 
other appropriate Federal departments and agencies, that 
will ensure effective monitoring of transfers of MTCR 
equipment or technology and other missile technology. 
(d) EXPORTS
TO SPACE LAUNCH VEHICLE PRO-
GRAMS.—Not later than 15 days after the issuance of a 
license (including any brokering license) for the export of 
items valued at less than $50,000,000 that are controlled 
under this Act pursuant to United States obligations 
under the MTCR and are goods or services that are in-
tended to support the design, utilization, development, or 
production of a space launch vehicle system listed in Cat-
egory I of the MTCR Annex, the Secretary shall transmit 
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498 
to the Congress a report describing the licensed export and 
rationale for approving such export, including the consist-
ency of such export with United States missile non-
proliferation policy. The requirement contained in the pre-
ceding sentence shall not apply to licenses for exports to 
countries that were members of the MTCR as of April 
17, 1987. 
SEC. 5122. DENIAL OF THE TRANSFER OF MISSILE EQUIP-
MENT OR TECHNOLOGY BY UNITED STATES 
PERSONS. 
(a) SANCTIONS.— 
(1) IN GENERAL.—If the President determines 
that a United States person knowingly— 
(A) exports, transfers, or otherwise en-
gages in the trade of any item on the MTCR 
Annex, in violation of the provisions of section 
4311 of this Act, section 5 or 6 of the Export 
Administration Act of 1979 (as continued in ef-
fect under the International Emergency Eco-
nomic Powers Act), or any regulations or orders 
issued under any such provisions of law, 
(B) conspires to or attempts to engage in 
such export, transfer, or trade, or 
(C) facilitates such export, transfer, or 
trade by any other person, 
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499 
then the President shall impose the applicable sanc-
tions described in paragraph (2). 
(2) APPLICABLE
SANCTIONS.—The sanctions 
which apply to a United States person under para-
graph (1) are the following: 
(A) If the item on the MTCR Annex in-
volved in the export, transfer, or trade is missile 
equipment or technology within category II of 
the MTCR Annex, then the President shall 
deny to such United States person for a period 
of 2 years— 
(i) United States Government con-
tracts relating to missile equipment or 
technology; and 
(ii) licenses for the transfer of missile 
equipment or technology controlled under 
this Act. 
(B) If the item on the MTCR Annex in-
volved in the export, transfer, or trade is missile 
equipment or technology within category I of 
the MTCR Annex, then the President shall 
deny to such United States person for a period 
of not less than 2 years— 
(i) all United States Government con-
tracts, and 
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500 
(ii) all export licenses and agreements 
for items on the United States Munitions 
List. 
(b) DISCRETIONARY SANCTIONS.—In the case of any 
determination made pursuant to subsection (a), the Presi-
dent may pursue any penalty provided in section 4372. 
(c) PRESUMPTION.—In determining whether to apply 
sanctions under subsection (a) to a United States person 
involved in the export, transfer, or trade of an item on 
the MTCR Annex, it should be a rebuttable presumption 
that such item is designed for use in a missile listed in 
the MTCR Annex if the President determines that the 
final destination of the item is a country the government 
of which the Secretary has determined, for purposes of 
6(j)(1)(A) of the Export Administration Act of 1979 (as 
continued in effect under the International Emergency 
Economic Powers Act), has repeatedly provided support 
for acts of international terrorism (as such term is defined 
in section 9401(h)). 
(d) WAIVER.—The President may waive the imposi-
tion of sanctions under subsection (a) with respect to a 
product or service if the President certifies to Congress 
that— 
(1) the product or service is essential to the na-
tional security of the United States; and 
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501 
(2) such person is a sole source supplier of the 
product or service, the product or service is not 
available from any alternative reliable supplier, and 
the need for the product or service cannot be met in 
a timely manner by improved manufacturing proc-
esses or technological developments. 
SEC. 5123. TRANSFERS OF MISSILE EQUIPMENT OR TECH-
NOLOGY BY FOREIGN PERSONS. 
Notwithstanding section 11201(2), section 73 of the 
Arms Export Control Act shall not be repealed and shall 
remain in effect as on the day before the date of the enact-
ment of this Act. 
SEC. 5124. NOTIFICATION OF ADMITTANCE OF MTCR AD-
HERENTS. 
(a) POLICY REPORT.—Following any action by the 
United States that results in a country becoming a MTCR 
adherent, the President shall transmit promptly to the 
Congress a report which describes the rationale for such 
action, together with an assessment of that country’s non-
proliferation policies, practices, and commitments. Such 
report shall also include the text of any agreements or un-
derstandings between the United States and such country 
regarding the terms and conditions of the country’s adher-
ence to the MTCR. 
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502 
(b) INTELLIGENCE ASSESSMENT REPORT.—At such 
times that a report is transmitted pursuant to subsection 
(a), the Director of National Intelligence shall promptly 
prepare and submit to Congress a separate report con-
taining any credible information indicating that the coun-
try described in subsection (a) has engaged in any activity 
identified under subparagraph (A), (B), or (C) of section 
5123(a)(1) within the previous two years. 
SEC. 5125. AUTHORITY RELATING TO MTCR ADHERENTS. 
Notwithstanding section 5123(b), the President may 
take the actions under section 5123(a)(2) under the cir-
cumstances described in section 5126(b)(2). 
SEC. 5126. DEFINITIONS. 
(a) IN GENERAL.—In this chapter— 
(1) the term ‘‘missile’’ means a category I sys-
tem as defined in the MTCR Annex, and any other 
unmanned delivery system of similar capability, as 
well as the specially designed production facilities for 
these systems; 
(2) the term ‘‘Missile Technology Control Re-
gime’’ or ‘‘MTCR’’ means the policy statement, be-
tween the United States, the United Kingdom, the 
Federal Republic of Germany, France, Italy, Can-
ada, and Japan, announced on April 16, 1987, to re-
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503 
strict sensitive missile-relevant transfers based on 
the MTCR Annex, and any amendments thereto; 
(3) the term ‘‘MTCR adherent’’ means a coun-
try that participates in the MTCR or that, pursuant 
to an international understanding to which the 
United States is a party, controls MTCR equipment 
or technology in accordance with the criteria and 
standards set forth in the MTCR; 
(4) the term ‘‘MTCR Annex’’ means the Guide-
lines and Equipment and Technology Annex of the 
MTCR, and any amendments thereto; 
(5) the terms ‘‘missile equipment or tech-
nology’’ and ‘‘MTCR equipment or technology’’ 
mean those items listed in category I or category II 
of the MTCR Annex; 
(6) the term ‘‘United States person’’ has the 
meaning given that term in section 16(2) of the Ex-
port Administration Act of 1979 (as continued in ef-
fect under the International Emergency Economic 
Powers Act); 
(7) the term ‘‘foreign person’’ means any per-
son other than a United States person; 
(8) the term ‘‘person’’— 
(A) means a natural person as well as a 
corporation, business association, partnership, 
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504 
society, trust, any other nongovernmental enti-
ty, organization, or group, and any govern-
mental entity operating as a business enter-
prise, and any successor of any such entity; and 
(B) in the case of a country with a non- 
market economy (excluding former members of 
the Warsaw Pact), includes— 
(i) all activities of that government re-
lating to the development or production of 
any missile equipment or technology; and 
(ii) all activities of that government 
affecting the development or production of 
electronics, space systems or equipment, 
and military aircraft; and 
(9) the term ‘‘otherwise engaged in the trade 
of’’ means, with respect to a particular export or 
transfer, to be a freight forwarder or designated ex-
porting agent, or a consignee or end user of the item 
to be exported or transferred. 
(b) INTERNATIONAL UNDERSTANDING DEFINED.— 
For purposes of subsection (a)(3), as it relates to any 
international understanding concluded with the United 
States after January 1, 2000, the term ‘‘international un-
derstanding’’ means— 
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505 
(1) any specific agreement by a country not to 
export, transfer, or otherwise engage in the trade of 
any MTCR equipment or technology that contributes 
to the acquisition, design, development, or produc-
tion of missiles in a country that is not an MTCR 
adherent and would be, if it were United States-ori-
gin equipment or technology, subject to the jurisdic-
tion of the United States under this Act; or 
(2) any specific understanding by a country 
that, notwithstanding section 5123(b), the United 
States retains the right to take the actions under 
section 5123(a)(2) in the case of any export or 
transfer of any MTCR equipment or technology that 
contributes to the acquisition, design, development, 
or production of missiles in a country that is not an 
MTCR adherent and would be, if it were United 
States-origin equipment or technology, subject to the 
jurisdiction of the United States under this Act. 
CHAPTER 3—CHEMICAL AND BIOLOGICAL 
NONPROLIFERATION 
SEC. 5131. SANCTIONS AGAINST CERTAIN FOREIGN PER-
SONS. 
Notwithstanding section 11201(2), section 81 of the 
Arms Export Control Act shall not be repealed and shall 
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506 
remain in effect as on the day before the date of the enact-
ment of this Act. 
Subtitle B—Counter-Narcotics 
Authorities 
SEC. 5201. FINDINGS. 
Congress finds the following: 
(1) International narcotics trafficking poses a 
major transnational threat in today’s world, and its 
suppression is among the most important foreign 
policy objectives of the United States. 
(2) International criminal activities, particularly 
international narcotics trafficking, money laun-
dering, and corruption, endanger political and eco-
nomic stability and democratic development, and as-
sistance for the prevention and suppression of inter-
national criminal activities should be a priority for 
the United States. 
(3) Effective international cooperation is nec-
essary to control the illicit cultivation, production, 
and smuggling of, trafficking in, and abuse of nar-
cotic and psychotropic drugs and other controlled 
substances. 
(4) In order for countries to effectively combat 
narcotics trafficking and other transnational crimes, 
they must have a strong rule of law system, to in-
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507 
clude an honest police force, independent courts, and 
effective prisons. 
(5) Given the magnitude of United States 
counter-narcotics efforts, as well as its impact and 
significance on other dimensions of United States bi-
lateral relations, it is essential that a process be put 
into place that allows the periodic, comprehensive 
evaluation of these efforts and their foreign policy 
implications. 
SEC. 5202. STATEMENT OF POLICY. 
It shall be the policy of the United States to— 
(1) support international narcotics control pro-
grams that have, as priority goals, the suppression 
of the illicit manufacture of and trafficking in nar-
cotic and psychotropic drugs and other controlled 
substances, money laundering, and the diversion of 
precursor chemicals, and the progressive elimination 
of the illicit cultivation of the crops from which nar-
cotic and psychotropic drugs and other controlled 
substances are derived; 
(2) encourage the international community to 
provide assistance, where appropriate, to those pro-
ducer and transit countries that require assistance 
in discharging these primary obligations; 
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508 
(3) use its voice and vote in multilateral devel-
opment banks to promote the development and im-
plementation in the major illicit drug producing 
countries of programs for the reduction and eventual 
eradication of narcotic drugs and other controlled 
substances, including appropriate assistance in con-
junction with effective programs of illicit crop eradi-
cation; 
(4) ensure that countries adopt comprehensive 
domestic measures against money laundering and 
cooperate with each other in money laundering in-
vestigations, prosecutions, and related forfeiture ac-
tions; and 
(5) endeavor to develop and promote global, re-
gional, sub-regional, and bilateral cooperation among 
judicial, law enforcement and financial regulatory 
authorities in order to combat money-laundering, 
narcotics trafficking, and other transnational crimes. 
SEC. 5203. GOAL AND OBJECTIVES. 
(a) GOAL.—The goal of foreign assistance under this 
subtitle is to help relevant countries build the capacity re-
quired to combat and reduce narcotics trafficking, money 
laundering, and other transnational crimes. 
(b) OBJECTIVES.—In furtherance of the goal de-
scribed in subsection (a), foreign assistance under this 
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509 
subtitle shall be provided to achieve the following objec-
tives: 
(1) Increase the professionalization, trans-
parency, and accountability of law enforcement, judi-
cial and penal personnel in the relevant country. 
(2) Improve the ability of law enforcement to 
prevent crimes, pursue and apprehend criminals, and 
increase security within their country. 
(3) Strengthen the capacity of the judicial sys-
tem to hear and prosecute cases. 
SEC. 5204. GENERAL AUTHORITIES. 
(a) AUTHORITIES OF THE PRESIDENT.—The Presi-
dent is authorized to conclude agreements, including recip-
rocal maritime agreements, with United States State and 
local governments and with other countries to facilitate 
control of the production, processing, transportation, and 
distribution of narcotic and psychotropic drugs and other 
controlled substances. 
(b) AUTHORITIES
OF
THE SECRETARY.—Notwith-
standing any other provision of law restricting assistance 
to foreign countries except sections 8101, 8102, and 8401, 
the Secretary is authorized to provide foreign assistance 
to any country or international organization, on such 
terms and conditions as the Secretary may determine, for 
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510 
the control of narcotic and psychotropic drugs and other 
controlled substances, or for related anticrime purposes. 
(c) COORDINATION
OF
ALL
UNITED
STATES 
ANTINARCOTICS ASSISTANCE TO FOREIGN COUNTRIES.— 
(1) 
RESPONSIBILITY
OF
SECRETARY
OF 
STATE.—The Secretary shall be responsible for co-
ordinating and approving all foreign assistance pro-
vided by the United States Government to support 
international efforts to combat crime and illicit nar-
cotics production or trafficking. 
(2) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (1) shall be construed to limit or impair 
the authority or responsibility of any other Federal 
agency with respect to law enforcement, domestic se-
curity operations, or intelligence activities as defined 
in Executive Order No. 12333. 
(d) USE
OF
HERBICIDES
FOR
AERIAL
ERADI-
CATION.— 
(1) MONITORING.—The Secretary, with the as-
sistance of the heads of other appropriate Federal 
agencies, shall monitor any use under this subtitle of 
a herbicide for aerial eradication in order to deter-
mine the impact of such use on the environment and 
on the health of individuals. 
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516 
(b) PERMISSIBLE USES OF AIRCRAFT AND OTHER 
EQUIPMENT.— 
(1) IN GENERAL.—The Secretary shall take all 
reasonable steps to ensure that aircraft and other 
equipment made available to foreign countries under 
this chapter are used only in ways that are con-
sistent with the purposes for which such equipment 
was made available. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to aircraft or other equipment if the Secretary 
makes a determination under section 10508(b) that 
there is an emergency need which requires the use 
of the aircraft or other equipment. 
(c) REPORTS.—In the reports submitted pursuant to 
section 5211, the Secretary shall discuss— 
(1) the actions taken by the United States Gov-
ernment to prevent misuse of such equipment by 
that foreign country; and 
(2) any credible information indicating misuse 
by a foreign country of aircraft or other equipment 
made available under this chapter; and(3) the ac-
tions taken by the United States Government to pre-
vent future misuse of such equipment by that for-
eign country. 
(d) RECORDS OF AIRCRAFT USE.— 
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