181
(2) by striking ‘‘and all such training proposed 
for the current fiscal year’’. 
Subtitle C—Assistance for Select 
Countries 
SEC. 1321. ASSISTANCE FOR ISRAEL. 
Section 513 of the Security Assistance Act of 2000 
(Public Law 106–280) is amended—
(1) in subsection (b)(1), by striking ‘‘2002 and 
2003’’ and inserting ‘‘2003 through 2005’’; 
(2) in subsection (c)(1), by striking ‘‘2002 and 
2003’’ and inserting ‘‘2003 through 2005’’; 
(3) in subsection (c)(3)—
(A) by striking ‘‘fiscal years 2002 and 
2003’’ and inserting ‘‘fiscal years 2004 and 
2005’’; 
(B) by striking ‘‘fiscal year 2002’’ and in-
serting ‘‘fiscal year 2004’’; and 
(C) by striking ‘‘fiscal year 2003, or’’ and 
inserting ‘‘fiscal year 2005, or’’; and 
(4) in subsection (c)(4)—
(A) by striking ‘‘2002 and 2003’’ and in-
serting ‘‘2003 through 2005’’; and 
(B) by striking ‘‘$535,000,000 for fiscal 
year 2002’’ and all that follows through ‘‘fiscal 
year 2003’’ and inserting ‘‘$550,000,000 for
182
fiscal year 2003, not less than $565,000,000 
for fiscal year 2004, and not less than 
$580,000,000 for fiscal year 2005’’. 
SEC. 1322. ASSISTANCE FOR EGYPT. 
Section 514 of the Security Assistance Act of 2000 
(Public Law 106–280) is amended—
(1) by striking ‘‘2002 and 2003’’ each place it 
appears and inserting ‘‘2003 through 2005’’; and 
(2) in subsection (e)—
(A) by striking ‘‘fiscal years 2002 and 
2003’’ and inserting ‘‘fiscal years 2004 and 
2005’’; 
(B) by striking ‘‘fiscal year 2002’’ and in-
serting ‘‘fiscal year 2004’’; and 
(C) by striking ‘‘fiscal year 2003, or’’ and 
inserting ‘‘fiscal year 2005, or’’. 
Subtitle D—International Narcotics 
Control Assistance 
SEC. 1331. ADDITIONAL AUTHORITIES RELATING TO INTER-
NATIONAL 
NARCOTICS 
CONTROL 
ASSIST-
ANCE. 
Notwithstanding any other provision of law, assist-
ance provided by the United States Government to sup-
port international efforts to combat aerial trafficking of 
illicit narcotics under chapter 8 of part I of the Foreign
183
Assistance Act of 1961 or under any other provision of 
law shall include the authority to interdict illicit arms in 
connection with the trafficking of illicit narcotics. 
SEC. 1332. UNITED STATES OPIUM ERADICATION PROGRAM 
IN COLOMBIA. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of State, acting through 
the Department of State’s Narcotics Affairs Section 
(NAS) in Bogota, Colombia, shall ensure that all pilots 
participating in the United States opium eradication pro-
gram in Colombia are Colombians and are fully trained, 
qualified, and experienced pilots, with preference provided 
to individuals who are members of the Colombian National 
Police. 
Subtitle E—Miscellaneous 
Provisions 
SEC. 1341. 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—
(1) in subparagraph (A), by striking ‘‘for fiscal 
year 2003’’ and inserting ‘‘for each of fiscal years 
2003 and 2004’’; and
184
(2) in subparagraph (B), by striking ‘‘for fiscal 
year 2003’’ and inserting ‘‘for each of fiscal years 
2003 and 2004’’. 
SEC. 1342. TRANSFER TO ISRAEL OF CERTAIN DEFENSE AR-
TICLES IN THE UNITED STATES WAR RE-
SERVE STOCKPILES FOR ALLIES. 
(a) AUTHORIZATION.—Notwithstanding section 514 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), 
the President is authorized to transfer to Israel, in return 
for concessions to be negotiated by the Secretary of De-
fense, with the concurrence of the Secretary, defense arti-
cles, including armor, artillery, ammunition for automatic 
weapons, missiles, and other munitions that are—
(1) obsolete or surplus items; 
(2) in the inventory of the Department of De-
fense; 
(3) intended for use as reserve stocks in Israel; 
and 
(4) are located in a stockpile in Israel as of the 
date of enactment of this Act. 
(b) CONCESSIONS.—The value of concessions nego-
tiated pursuant to subsection (a) shall be at least equal 
to the fair market value of the items transferred. The con-
cessions may include cash compensation, services, waiver
185
of charges otherwise payable by the United States, and 
other items of value. 
(c) ADVANCE NOTIFICATION OF TRANSFER.—
(1) IN GENERAL.—Not less than 30 days before 
making a transfer under the authority of this sec-
tion, the President shall transmit a notification de-
scribing the items to be transferred to Israel and the 
concessions to be received by the United States to 
the congressional committees specified in paragraph 
(2). 
(2) 
CONGRESSIONAL
COMMITTEES
SPECI-
FIED.—The congressional committees referred to in 
paragraph (1) are—
(A) the Committee on International Rela-
tions and the Committee on Armed Services of 
the House of Representatives; and 
(B) the Committee on Foreign Relations 
and the Committee on Armed Services of the 
Senate. 
(d) EXPIRATION OF AUTHORITY.—No transfer may 
be made under the authority of this section following the 
expiration of the five-year period beginning on the date 
of enactment of this Act.
186
SEC. 1343. EXPANSION OF AUTHORITIES FOR LOAN OF MA-
TERIAL, SUPPLIES, AND EQUIPMENT FOR RE-
SEARCH AND DEVELOPMENT PURPOSES. 
Section 65 (22 U.S.C. 2796d) is amended—
(1) in subsection (a)(1), by inserting ‘‘or a 
friendly foreign country’’ after ‘‘ally’’ each place 
such term appears; and 
(2) in subsection (d) to read as follows: 
‘‘(d) For purposes of this section—
‘‘(1) the term ‘NATO ally’ means a member 
country of the North Atlantic Treaty Organization 
(other than the United States); and 
‘‘(2) the term ‘friendly foreign country’ means 
any non-NATO member country determined by the 
President to be eligible for a cooperative project 
agreement with the United States pursuant to sec-
tion 27(j) of this Act.’’. 
SEC. 1344. ASSISTANCE FOR DEMINING AND RELATED AC-
TIVITIES. 
(a) ASSISTANCE.—The Secretary is authorized to 
provide grants to, or enter into contracts or cooperative 
agreements with, public-private partnerships for the pur-
pose of establishing and carrying out demining, clearance 
of unexploded ordnance, and related activities in foreign 
countries.
187
(b) LIMITATION.—Except as otherwise provided, the 
total amount provided on a grant basis to public-private 
partnerships under subsection (a) for a fiscal year may 
not exceed $450,000. 
(c) FUNDING.—Amounts made available to carry out 
‘‘Nonproliferation, Anti-Terrorism, Demining, and Re-
lated Programs’’ for fiscal year 2004 are authorized to 
be made available to carry out this section. 
SEC. 1345. COOPERATIVE DEVELOPMENT PROGRAM. 
Of the amounts made available for development as-
sistance under the Foreign Assistance Act of 1961, not 
less than $2,000,000 for each of the fiscal years 2004 and 
2005 are authorized to be made available to finance 
projects among the United States, Israel, and developing 
countries in Africa under the Cooperative Development 
Program. 
SEC. 1346. WEST BANK AND GAZA PROGRAM. 
(a) OVERSIGHT.—For fiscal year 2004, the Secretary 
of State shall certify to the appropriate committees of 
Congress not later than 30 days prior to the initial obliga-
tion of funds for the West Bank and Gaza that procedures 
have been established to assure the Comptroller General 
will have access to appropriate United States financial in-
formation in order to review the use of United States as-
sistance for the West Bank and Gaza funded under chap-
188
ter 4 of part II of the Foreign Assistance Act of 1961 
(‘‘Economic Support Fund’’). 
(b) VETTING.—Prior to any obligation of funds au-
thorized to be appropriated to carry out chapter 4 of part 
II of the Foreign Assistance Act of 1961 for assistance 
for the West Bank and Gaza, the Secretary of State shall 
take all appropriate steps to ensure that such assistance 
is not provided to or through any individual or entity that 
the Secretary knows, or has reason to believe, advocates, 
plans, sponsors, engages in, or has engaged in, terrorist 
activity. The Secretary of State shall, as appropriate, es-
tablish procedures specifying the steps to be taken in car-
rying out this subsection. 
(c) AUDITS.—
(1) IN
GENERAL.—The Administrator of the 
United States Agency for International Development 
shall ensure that independent audits of all contrac-
tors and grantees, and significant subcontractors 
and subgrantees, under the West Bank and Gaza 
Program, are conducted at least on an annual basis 
to ensure, among other things, compliance with this 
section. 
(2) AUDITS
BY
INSPECTOR
GENERAL
OF 
USAID.—Of the funds authorized to be appropriated 
by this Act to carry out chapter 4 of part II of the
189
Foreign Assistance Act of 1961 that are made avail-
able for assistance for the West Bank and Gaza, up 
to $1,000,000 may be used by the Office of the In-
spector General of the United States Agency for 
International Development for audits, inspections, 
and other activities in furtherance of the require-
ments of paragraph (1). Such funds are in addition 
to funds otherwise available for such purposes. 
SEC. 1347. ANNUAL HUMAN RIGHTS COUNTRY REPORTS ON 
INCITEMENT TO ACTS OF DISCRIMINATION. 
(a) COUNTRIES
RECEIVING
ECONOMIC
ASSIST-
ANCE.—Section 116(d) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2151n(d)) is amended—
(1) in paragraph (9), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (10), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(11)(A) wherever applicable, in a separate sec-
tion with a separate heading, a description of the 
nature and extent of—
‘‘(i) propaganda in government and gov-
ernment-controlled media and other sources, in-
cluding government-produced educational mate-
rials and textbooks, that attempt to justify or
190
promote racial hatred or incite acts of violence 
against any race or people; and 
‘‘(ii) complicity or involvement in the cre-
ation of such propaganda or incitement of acts 
of violence against any race; and 
‘‘(B) a description of the actions, if any, taken 
by the government of the country to eliminate such 
propaganda or incitement.’’. 
(b) COUNTRIES
RECEIVING
SECURITY
ASSIST-
ANCE.—Section 502B(b) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2304(b)) is amended by inserting after 
the eighth sentence the following: ‘‘Each report under this 
section shall also include wherever applicable, in a sepa-
rate section with a separate heading, a description of (i) 
the nature and extent of (I) propaganda in government 
and government-controlled media and other sources, in-
cluding government-produced educational materials and 
textbooks, that attempt to justify or promote racial hatred 
or incite acts of violence against any race, and (II) com-
plicity or involvement in the creation of such propaganda 
or incitement of acts of violence against any race or peo-
ple, and (ii) a description of the actions, if any, taken by 
the government of the country to eliminate such propa-
ganda or incitement.’’.
191
SEC. 1348. ASSISTANCE TO EAST TIMOR. 
Section 632(b)(1) of the Foreign Relations Author-
ization Act, Fiscal Year 2003 (Public Law 107–277) is 
amended by striking ‘‘the fiscal year 2003’’ and inserting 
‘‘each of the fiscal years 2003, 2004, and 2005’’. 
SEC. 1349. SUPPORT FOR DEMOCRACY-BUILDING EFFORTS 
FOR CUBA. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States to support those individuals and groups who 
struggle for freedom and democracy in Cuba, including 
human rights dissidents, independent journalists, inde-
pendent labor leaders, and other opposition groups. 
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be 
appropriated to the President to carry out section 
109(a) of Public Law 104–114 (22 U.S.C. 6039(a)) 
$15,000,000 for each of the fiscal years 2004 and 
2005. 
(2) ADDITIONAL AUTHORITIES.—Amounts ap-
propriated pursuant to the authorization of appro-
priations under subsection (a)—
(A) are authorized to remain available 
until expended; and 
(B) are in addition to amounts otherwise 
available for such purposes.
192
SEC. 1350. AMENDMENT TO THE AFGHANISTAN FREEDOM 
SUPPORT ACT OF 2002. 
The Afghanistan Freedom Support Act of 2002 (22 
U.S.C. 7501 et seq.) is amended—
(1) in section 103(a) by striking ‘‘section 512 
of Public Law 107–115 or any similar’’ and insert-
ing ‘‘any other’’; and 
(1) in section 207(b) by striking ‘‘section 512 
of Public Law 107–115 or any similar’’ and insert-
ing ‘‘any other’’. 
SEC. 1351. CONGO BASIN FOREST PARTNERSHIP. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the President to carry 
out the Congo Basin Forest Partnership (CBFP) program 
$18,600,000 for each of the fiscal years 2004 and 2005. 
Of the amounts appropriated pursuant to the authoriza-
tion of appropriations under the preceding sentence for 
a fiscal year, $16,000,000 is authorized to be made avail-
able to the Central Africa Regional Program for the Envi-
ronment (CARPE) of the United States Agency for Inter-
national Development. 
(b) AVAILABILITY.—Amounts appropriated pursuant 
to the authorization of appropriations under subsection (a) 
are authorized to remain available until expended.
193
SEC. 1352. COMBATTING THE PIRACY OF UNITED STATES 
COPYRIGHTED MATERIALS. 
In addition to such amounts as may otherwise be au-
thorized to be appropriated for such purpose, there are 
authorized to be appropriated for the Department of 
State, $10,000,000 to carry out the following activities in 
countries that are not members of the Organization for 
Economic Cooperation and Development (OECD): 
(1) Provision of equipment and training for for-
eign law enforcement officials. 
(2) Training for judges and prosecutors. 
(3) Assistance in complying with obligations 
under appropriate international copyright and intel-
lectual property treaties and agreements. 
SEC. 1353. REPORTS RELATING TO TREATY BETWEEN THE 
UNITED STATES AND THE RUSSIAN FEDERA-
TION ON STRATEGIC OFFENSIVE REDUC-
TIONS. 
The President shall submit to the Committee on 
International Relations of the House of Representatives 
all reports submitted to the Committee on Foreign Rela-
tions pursuant to section 2 of the Senate Resolution of 
Ratification to Accompany Treaty Document 107–8, 
Treaty Between the United States of America and the 
Russian Federation on Strategic Offensive Reductions.
194
SEC. 1354. STATEMENT OF HOUSE OF REPRESENTATIVES 
REGARDING THE TREATY BETWEEN THE 
UNITED STATES AND THE RUSSIAN FEDERA-
TION ON STRATEGIC OFFENSIVE REDUC-
TIONS. 
The House of Representatives—
(1) concurs with the declarations of the 
Senate in section 3 of the Resolution of Ratifi-
cation to Accompany Treaty Document 107–8, 
Treaty Between the United States of America 
and the Russian Federation on Strategic Offen-
sive Reductions; 
(2) encourages the President to continue 
strategic offensive reductions to the lowest pos-
sible levels consistent with national security re-
quirements and alliance obligations of the 
United States; 
(3) urges the President to engage the Rus-
sian Federation with the objectives of estab-
lishing cooperative measures to give each party 
to the Treaty Between the United States of 
America and the Russian Federation on Stra-
tegic Offensive Reductions improved confidence 
regarding the accurate accounting and security 
of nonstrategic nuclear weapons maintained by 
the other party; and
195
(4) encourages the President to accelerate 
United States strategic force reductions, to the 
extent feasible and consistent with the treaty, in 
order that the reductions required by Article I 
of the Treaty Between the United States of 
America and the Russian Federation on Stra-
tegic Offensive Reductions may be achieved 
prior to December 31, 2012. 
SEC. 1355. NONPROLIFERATION AND DISARMAMENT FUND. 
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be 
appropriated to the President to carry out section 
504 of the Freedom for Russia and Emerging Eur-
asian Democracies and Open Markets Support Act 
of 1992 (22 U.S.C. 5854; relating to the ‘‘Non-
proliferation and Disarmament Fund’’) $60,000,000 
for each of the fiscal years 2004 and 2005. 
(2) AVAILABILITY.—Amounts appropriated pur-
suant to the authorization of appropriations under 
paragraph (1) are authorized to remain available 
until expended. 
(b) NONPROLIFERATION
OF
HIGHLY
ENRICHED 
URANIUM.—
(1) FINDINGS.—Congress finds the following:
196
(A) Highly enriched uranium is the most 
likely source material for terrorist or other out-
law organizations that seek to acquire a nuclear 
weapon. 
(B) Such organizations are not likely to 
produce this source material on their own, but 
will instead look to divert highly enriched ura-
nium from some of the many vulnerable stock-
piles in numerous facilities around the world. 
(C) There is a need for a coordinated 
United States Government initiative to secure 
and dispose of highly enriched uranium stock-
piles in these vulnerable facilities around the 
world. 
(D) The Nonproliferation and Disar-
mament Fund (NDF) is a unique and flexible 
entity that is well-suited to carry out the initia-
tive described in subparagraph (C), in coopera-
tion with other Federal departments and agen-
cies, including the Department of Energy. 
(2) INITIATIVE.—The Secretary of State is au-
thorized to establish and carry out an initiative to 
secure and dispose of highly enriched uranium stock-
piles in foreign countries, including the provision of
197
such assistance as may be required to secure host 
country cooperation under the initiative. 
(3) AUTHORIZATION OF APPROPRIATIONS.—Of 
the amounts made available to carry out section 504 
of the Freedom for Russia and Emerging Eurasian 
Democracies and Open Markets Support Act of 
1992 (22 U.S.C. 5854) for fiscal years 2004 and 
2005, there are authorized to be appropriated to the 
Secretary to carry out paragraph (2) $25,000,000 
for each such fiscal year. 
SEC. 1356. MARITIME INTERDICTION PATROL BOATS FOR 
MOZAMBIQUE. 
(a) IN GENERAL.—Of the amounts made available to 
carry out section 23 of the Arms Export Control Act for 
fiscal year 2004, there is authorized to be appropriated 
$1,000,000 for refurbishment, delivery, operational train-
ing, and related costs associated with the provision of not 
more than four excess coastal patrol boats to the Govern-
ment of Mozambique for maritime patrol and interdiction 
activities. 
(b) AVAILABILITY.—Amounts appropriated pursuant 
to the authorization of appropriations under subsection (a) 
are authorized to remain available until September 30, 
2006.
198
TITLE XIV—MISSILE THREAT 
REDUCTION ACT OF 2003
SEC. 1401. SHORT TITLE. 
This title may be cited as the ‘‘Missile Threat Reduc-
tion Act of 2003’’. 
Subtitle 
A—Strengthening 
Inter-
national Missile Nonprolifera-
tion Law 
SEC. 1411. FINDINGS. 
Congress makes the following findings: 
(1) The spread of offensive ballistic missiles 
suitable for launching nuclear, chemical, and biologi-
cal warheads is accelerating across the globe. 
(2) According to the Carnegie Endowment for 
International Peace, more than 25 countries possess 
missiles with ranges in excess of 300 kilometers and 
capable of delivering a nuclear warhead. 
(3)(A) Many of the countries now possessing 
such missiles, and engaging in the sale and transfer 
of such missiles and their production technology to 
other countries, are directly hostile to the United 
States, its interests, and its allies. 
(B) Of particular concern in this regard is 
North Korea, which regularly sells ballistic missiles
199
and technology to countries in regions of instability 
and concern to the United States. 
(4) The Central Intelligence Agency has stated 
in its most recent report on the foreign ballistic mis-
sile threat the following: 
‘‘Emerging ballistic missile states continue 
to increase the range, reliability, and accuracy 
of the missile systems in their inventories—pos-
ing ever greater risks to U.S. forces, interests, 
and allies throughout the world. A decade ago, 
U.S. and allied forces abroad faced threats 
from SRBM’s [Short Range Ballistic Mis-
siles]—primarily the Scud and its variants. 
Today, countries have deployed or are on the 
verge of deploying MRBM’s [Medium Range 
Ballistic Missiles], placing greater numbers of 
targets at risk. 
‘‘Proliferation of ballistic missile-related 
technologies, materials, and expertise—espe-
cially by Russian, Chinese, and North Korean 
entities—has enabled emerging missile states to 
accelerate the development timelines for their 
existing programs, acquire turnkey systems to 
gain previously non-existent capabilities—in the 
case of the Chinese sale of the M–11 SRBM to
200
Pakistan—and lay the groundwork for the ex-
pansion of domestic infrastructures to poten-
tially accommodate even more capable and 
longer range future systems.’’. 
(5) The same CIA report also noted the fol-
lowing: ‘‘North Korea has assumed the role as the 
missile and manufacturing technology source for 
many programs. North Korean willingness to sell 
complete systems and components has enabled other 
states to acquire longer range capabilities earlier 
than otherwise would have been possible—notably 
the sale of the No Dong MRBM to Pakistan. The 
North also has helped countries to acquire tech-
nologies to serve as the basis for domestic develop-
ment efforts—as with Iran’s reverse-engineering of 
the No Dong in the Shahab-3 program. Meanwhile, 
Iran is expanding its efforts to sell missile tech-
nology.’’. 
(6) Since 1987, 33 countries have committed to 
abide by a voluntary set of guidelines known as the 
Missile Technology Control Regime (MTCR), where-
by adherents agreed to refrain from the transfer to 
nonadherents of certain categories of whole missiles, 
their constituent parts, and the facilities to manu-
facture them, especially ‘‘Category I’’ missiles, which
201
at a range of 300 kilometers or more and a payload 
capacity of 500 kilograms or more are especially 
suited for delivering nuclear weapons. 
(7) In October 2002, 93 countries committed to 
observe a nonbinding code of conduct derived from, 
but less restrictive than, the nonbinding MTCR. 
While this is a welcome achievement, it does not pro-
vide a legal obligation on its adherents to refrain 
from the trade in missiles or missile technology. 
(8) On December 10, 2002, the White House 
released its ‘‘National Strategy to Combat Weapons 
of Mass Destruction’’, wherein it is stated that 
strengthening international nonproliferation controls 
on weapons of mass destruction (WMD) and upon 
the missiles that can deliver them is the second of 
three principal pillars of the National Strategy. The 
National Strategy also states that ‘‘effective inter-
diction is a critical part of the U.S. strategy to com-
bat WMD and their delivery means’’. 
(9) On December 11, 2002, the United States 
took control of an unflagged freighter that was at-
tempting clandestinely to ship, from North Korea to 
Yemen, SCUD missiles of a type that would be gen-
erally prohibited from transfer as Category I mis-
siles.
202
(10) Neither North Korea nor Yemen is an ad-
herent to the MTCR guidelines, which in any case 
are not legally binding, and there is no binding 
international legal instrument that would prohibit 
shipments of the missiles referred to in paragraph 
(9). 
(11) At Yemen’s request, the United States re-
leased the shipment of North Korean Scud missiles 
to Yemen. 
(12) Also on December 11, 2002, the White 
House press spokesman stated that existing inter-
national law regarding halting the spread of missile 
proliferation could be strengthened. The new Na-
tional Strategy to Combat Weapons of Mass De-
struction also commits the United States to support 
those regimes that are currently in force, and to 
work to improve the effectiveness of, and compliance 
with, those regimes, and identifies the MTCR as a 
regime that the United States will seek to strength-
en. 
(13) Secretary of Defense Donald Rumsfeld, 
testifying on February 12, 2003, before the Com-
mittee on Armed Services of the Senate, stated the 
following: ‘‘. . . [I]t’s pretty clear that the prolifera-
tion regimes that exist in the world worked pretty
203
well before, [but] they’re not working very well right 
now. . . . [U]nless the world wakes up and says this 
is a dangerous thing and creates a set of regimes 
that will in fact get cooperation to stop those weap-
ons, we’re going to be facing a very serious situation 
in the next five years.’’. 
(14) The MTCR has made an invaluable con-
tribution to restraint in the international trade of of-
fensive ballistic missiles. Strengthening international 
controls on ballistic missiles, however, will require a 
dramatic expansion of adherents that rigorously 
abide by the MTCR’s guidelines, and a binding legal 
basis for the United Nations and countries devoted 
to nonproliferation to prevent, and when necessary 
act to prevent, further proliferation of offensive bal-
listic missiles around the world. 
(15) Therefore, it should be the policy of the 
United States to promote the creation of new inter-
national mechanisms that would, in all future cir-
cumstances, allow the peace-loving and law-abiding 
nations of the world the authority to interdict and 
prevent the transfer of such missiles. 
SEC. 1412. POLICY OF THE UNITED STATES. 
It shall be the policy of the United States to seek 
a binding international instrument or instruments to re-
204
strict the trade in offensive ballistic missiles with ranges 
of 300 kilometers or more that have a payload capacity 
of 500 kilograms or more. Such a binding international 
instrument may take the form of a multilateral treaty, a 
United Nations Security Council resolution, or other in-
strument of international law, and should provide for en-
forcement measures including interdiction, seizure, and 
impoundment of illicit shipments of offensive ballistic mis-
siles and related technology, equipment, and components. 
SEC. 1413. SENSE OF CONGRESS. 
It is the sense of the Congress that the United States 
should immediately introduce a resolution in the United 
Nations Security Council to prohibit all members of the 
United Nations from purchasing, receiving, assisting or al-
lowing the transfer of, and to authorize the subsequent 
interdiction, seizure, and impoundment of, any missile, 
missile-related equipment, means of producing missiles, or 
missile-related technology from North Korea. 
Subtitle B—Strengthening United 
States Missile Nonproliferation 
Law 
SEC. 1421. PROBATIONARY PERIOD FOR FOREIGN PER-
SONS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, upon the expiration, or the granting of a waiv-
205
er, on or after January 1, 2003, of sanctions against a 
foreign person imposed under section 73(a) of the Arms 
Export Control Act (22 U.S.C. 2797b(a)) or under section 
11B(b)(1) of the Export Administration Act of 1979 (50 
U.S.C. App. 2410b(b)(1)), as continued in effect under 
the International Emergency Economic Powers Act, a li-
cense shall be required, for a period of not less than 3 
years, for the export to that foreign person of all items 
controlled for export under section 5 or 6 of the Export 
Administration Act of 1979 (50 U.S.C. App. 2404, 2405), 
as continued in effect under the International Emergency 
Economic Powers Act, in accordance with the Export Ad-
ministration Regulations. 
(b) TERMINATION.—Subsection (a) shall not apply to 
a foreign person 30 days after the President notifies the 
Committee on International Relations of the House of 
Representatives and the Committee on Banking, Housing, 
and Urban Affairs and the Committee on Foreign Rela-
tions of the Senate that he has determined that—
(1) the foreign person has—
(A) ceased all activity related to the origi-
nal imposition of sanctions under section 73(a) 
of the Arms Export Control Act or section 
11B(b)(A) of the Export Administration Act of 
1979, as the case may be; and
206
(B) has instituted a program of trans-
parency measures whereby the United States 
will be able to verify for at least a period of 3 
years that the foreign person is not engaging in 
prohibited activities under those provisions of 
law referred to in paragraph (1); and 
(2) there has been an appropriate resolution of 
the original violation or violations, such as financial 
penalties, incarceration, destruction of prohibited 
items, or other appropriate measures taken to pre-
vent a recurrence of the violation or violations. 
SEC. 1422. STRENGTHENING UNITED STATES MISSILE PRO-
LIFERATION SANCTIONS ON FOREIGN PER-
SONS. 
(a) ARMS EXPORT CONTROL ACT.—Section 73(a)(2) 
(22 U.S.C. 2797b(a)(2)) is amended by striking ‘‘2 years’’ 
each place it appears and inserting ‘‘4 years’’. 
(b) PUBLIC INFORMATION.—Section 73(e)(2) (22 
U.S.C. 2797b(e)(2)) is amended by adding at the end the 
following new sentence: ‘‘Such report may be classified 
only to the extent necessary to protect intelligence sources 
and methods. If the report is so classified, the President 
shall make every effort to acquire sufficient alternative in-
formation that would allow a subsequent unclassified 
version of the report to be issued.’’.
207
(c) EXPORT ADMINISTRATION ACT OF 1979.—Any 
sanction imposed on a foreign person under section 
11B(b)(1) of the Export Administration Act of 1979 (50 
U.S.C. App. 2410b(b)(1)), as continued in effect under 
the International Emergency Economic Powers Act, shall 
be in effect for a period of 4 years beginning on the date 
on which the sanction was imposed. 
(d) APPLICABILITY.—The amendments made by sub-
sections (a) and (b) and the provisions of subsection (c) 
shall apply to all sanctions imposed under section 73(a) 
of the Arms Export Control Act or section 11B(b)(1) of 
the Export Administration Act of 1979, as continued in 
effect under the International Emergency Economic Pow-
ers Act, by reason of acts giving rise to such sanctions 
that were committed by foreign persons on or after Janu-
ary 1, 2003. 
SEC. 1423. COMPREHENSIVE UNITED STATES MISSILE PRO-
LIFERATION SANCTIONS ON ALL RESPON-
SIBLE PERSONS. 
(a) ARMS EXPORT CONTROL ACT.—Section 73(a) 
(22 U.S.C. 2797b(a)) is amended by adding at the end 
the following new paragraph: 
‘‘(3)(A) Sanctions imposed upon a foreign person 
under paragraph (2) shall also be imposed on any govern-
mental entity that the President determines exercises ef-
208
fective control over, benefits from, or directly or indirectly 
facilitates the activities of that foreign person. 
‘‘(B) When a sanction is imposed on a foreign person 
under paragraph (2), the President may also impose that 
sanction on any other person or entity that the President 
has reason to believe has or may acquire items that may 
not be exported to that foreign person on account of the 
sanction imposed on that foreign person, with the intent 
to transfer to that foreign person, or provide to that for-
eign person access to, such items. 
‘‘(C) The President may also prohibit, for such period 
of time as he may determine, any transaction or dealing, 
by a United States person or within the United States, 
with any foreign person on whom sanctions have been im-
posed under this subsection. 
‘‘(D) The President shall report on an annual basis 
to the Committee on International Relations of the House 
of Representatives and the Committee on Foreign Rela-
tions of the Senate the identity of any foreign person that 
engages in any transaction or activity with a foreign per-
son on whom sanctions have been imposed under this sub-
section that either—
‘‘(i) would be the basis for imposing sanctions 
under subparagraph (B) but for which sanctions 
have not been imposed; or
209
‘‘(ii) would be the basis for imposing sanctions 
under subparagraph (C) if the transaction or activity 
had been carried out by a United States person or 
by a person in the United States. 
Such report shall be unclassified to the maximum extent 
feasible, but may include a classified annex.’’. 
(b) DEFINITION OF PERSON.—Section 74(a)(8)(A) 
(22 U.S.C. 2797c(a)(8)(A)) is amended to read as follows: 
‘‘(8)(A) the term ‘person’ means—
‘‘(i) a natural person; 
‘‘(ii) a corporation, business association, 
partnership, society, trust, transnational cor-
poration, or transnational joint venture, any 
other nongovernmental entity, organization, or 
group, and any governmental entity; 
‘‘(iii) any subsidiary, subunit, or parent en-
tity of any business enterprise or other organi-
zation or entity listed in clause (ii); and 
‘‘(iv) any successor of any business enter-
prise or other organization or entity listed in 
clause (ii) or (iii); and’’. 
(c) EXPORT ADMINISTRATION ACT OF 1979.—
(1) SANCTIONS IMPOSED ON GOVERNMENT EN-
TITIES.—Any sanction imposed on a foreign person 
under section 11B(b)(1)(B) of the Export Adminis-
210
tration 
Act 
of 
1979 
(50 
U.S.C. 
App. 
2410b(b)(1)(B)), as continued in effect under the 
International Emergency Economic Powers Act (in 
this subsection referred to as a ‘‘dual use sanction’’), 
shall also be imposed on any governmental entity 
that the President determines exercises effective con-
trol over, benefits from, or directly or indirectly fa-
cilitates the activities of that foreign person. 
(2) OTHER ENTITIES.—When a dual use sanc-
tion is imposed on a foreign person, the President 
may also impose that sanction on any other person 
or entity that the President has reason to believe 
has or may acquire items that may not be exported 
to that foreign person on account of the dual use 
sanction imposed on that foreign person, with the in-
tent to transfer to that foreign person, or provide to 
that foreign person access to, such items. 
(3) TRANSACTIONS BY THIRD PARTIES.—The 
President may also prohibit, for such period of time 
as he may determine, any transaction or dealing, by 
a United States person or within the United States, 
with any foreign person on whom dual use sanctions 
have been imposed. 
(4) REPORT.—The President shall submit on 
an annual basis to the appropriate congressional
211
committees a report that contains the identity of any 
foreign person that engages in any transaction or 
activity with a foreign person on whom dual use 
sanctions have been imposed that either—
(A) would be the basis for imposing dual 
use sanctions under paragraph (2) but for 
which such sanctions have not been imposed; or 
(B) would be the basis for imposing dual 
use sanctions under paragraph (3) if the trans-
action or activity had been carried out by a 
United States person or by a person in the 
United States. 
Such report shall be unclassified to the maximum 
extent feasible, but may include a classified annex. 
(5) DEFINITIONS.—In this subsection: 
(A) 
PERSON.—The 
term 
‘‘person’’ 
means—
(i) a natural person; 
(ii) a corporation, business associa-
tion, 
partnership, 
society, 
trust, 
transnational corporation, or transnational 
joint venture, any other nongovernmental 
entity, organization, or group, and any 
governmental entity;
212
(iii) any subsidiary, subunit, or parent 
entity of any business enterprise or other 
organization or entity listed in clause (ii); 
and 
(iv) any successor of any business en-
terprise or other organization or entity list-
ed in clause (ii) or (iii). 
(B) In the case of countries where it may 
be impossible to identify a specific governmental 
entity referred to in subparagraph (A), the 
term ‘‘person’’ means—
(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 
aircraft, electronics, and space systems or 
equipment. 
(C) UNITED STATES PERSON.—The term 
‘‘United States person’’ has the meaning given 
that term in section 16(2) of the Export Ad-
ministration Act of 1979 (50 U.S.C. App. 
2415(2)). 
(D) 
MISSILE
EQUIPMENT
OR
TECH-
NOLOGY.—The term ‘‘missile equipment or
213
technology’’ has the meaning given that term in 
section 11B(c) of the Export Administration 
Act of 1979 (50 U.S.C. App. 2410b(c)). 
(d) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall apply with respect to sanc-
tions imposed on or after January 1, 2003, on foreign per-
sons under section 73(a)(2) of the Arms Export Control 
Act, and the provisions of subsection (c) shall apply with 
respect to sanctions imposed on or after January 1, 2003, 
on foreign persons under section 11B(b) of the Export Ad-
ministration Act of 1979 (50 U.S.C. App. 2410b(b)), as 
continued in effect under the International Emergency 
Economic Powers Act. 
Subtitle C—Incentives for Missile 
Threat Reduction 
SEC. 1431. FOREIGN ASSISTANCE. 
(a) TYPES OF ASSISTANCE.—The President is au-
thorized to provide, on such terms as the President deems 
appropriate, the following assistance to countries that 
agree to destroy their ballistic missiles, and their facilities 
for producing ballistic missiles, that have a payload capac-
ity of 500 kilograms or more over a distance of 300 kilo-
meters or more: 
(1) Assistance under section 23 of the Arms 
Export Control Act (22 U.S.C. 2763).
214
(2) Assistance under chapter 4 of part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et 
seq.), notwithstanding section 531(e) or 660(a) of 
that Act (22 U.S.C. 2346(e) or 2420(a)). 
(3) Drawdown of defense articles, defense serv-
ices, and military education and training under sec-
tion 506 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2318). 
(b) CONGRESSIONAL NOTIFICATION.—Assistance au-
thorized under subsection (a) may not be provided until 
30 days after the date on which the President has pro-
vided notice thereof to the appropriate congressional com-
mittees in accordance with the procedures applicable to 
reprogramming notifications under section 634A(a) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2394–1(a)). 
(c) LIMITATION.—Any assistance provided to a coun-
try under subsection (a) may not be provided in more than 
3 fiscal years. 
SEC. 1432. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION.—There is authorized to be ap-
propriated to the President to carry out section 1431 the 
sum of $250,000,000. 
(b) AVAILABILITY.—Amounts appropriated pursuant 
to the authorization of appropriations under subsection (a) 
are authorized to remain available until expended.
215
SEC. 1433. AUTHORIZATION OF TECHNICAL ASSISTANCE IN 
MISSILE DISARMAMENT. 
The President is authorized to provide technical as-
sistance in the destruction of any missile or facility for 
producing ballistic missiles, in any country that requests 
such assistance.
Æ