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in 1946 with the support of the United States as an
integral part of the United Nations systems, de-
signed to promote international cooperation and ex-
changes in the fields of education, science, culture,
and communication with the larger purpose of con-
structing the defense of peace against intolerance
and incitement to war.
(2) In 1984, the United States withdrew from
membership in UNESCO over serious questions of
internal management and political polarization.
(3) Since the United States withdrew from the
organization, UNESCO addressed such criticisms by
electing new leadership, tightening financial controls,
cutting budget and staff, restoring recognition of in-
tellectual property rights, and supporting the prin-
ciple of a free and independent international press.
(4) In 1993, the General Accounting Office,
after conducting an extensive review of UNESCO’s
progress in implementing changes, concluded that
the organization’s member states, the Director Gen-
eral of UNESCO, managers and employee associa-
tions demonstrated a commitment to management
reform through their actions.
(5) On September 28, 2000, former Secretary
of State George P. Schultz, who implemented the
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withdrawal of the United States from UNESCO
with a letter to the organization’s Director General
in 1984, indicated his support for the United States
renewal of membership in UNESCO.
(6) The participation of the United States in
UNESCO programs offers a means for furthering
the foreign policy interests of the United States
through the promotion of cultural understanding
and the spread of knowledge critical to strength-
ening civil society.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that the President should take all necessary
steps to renew the membership and participation of the
United States in the United Nations Educational, Sci-
entific and Cultural Organization (UNESCO).
SEC. 745. SENSE OF CONGRESS RELATING TO GLOBAL
WARMING.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Global climate change poses a significant
threat to national security, the American economy,
public health and welfare, and the global environ-
ment.
(2) The Intergovernmental Panel on Climate
Change (IPCC) has found that most of the observed
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warming over the last 50 years is attributable to
human activities, including fossil fuel-generated car-
bon dioxide emissions.
(3) The IPCC has stated that global average
surface temperatures have risen since 1861.
(4) The IPCC has stated that in the last 40
years, the global average sea level has risen, ocean
heat content has increased, and snow cover and ice
extent have decreased which threatens to inundate
low-lying Pacific island nations and coastal regions
throughout the world.
(5) The Environmental Protection Agency pre-
dicts that global warming will harm United States
citizens by altering crop yields, causing sea levels to
rise, and increasing the spread of tropical infectious
diseases.
(6) Industrial nations are the largest producers
today of fossil fuel-generated carbon dioxide emis-
sions.
(7) The United States has ratified the United
Nations Framework on Climate Change which
states, in part, ‘‘the Parties to the Convention are
to implement policies with the aim of returning . . . to
their 1990 levels anthropogenic emissions of carbon
dioxide and other greenhouse gases’’.
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(8) The United Nations Framework Convention
on Climate Change further states that ‘‘developed
country Parties should take the lead in combating
climate change and the adverse effects thereof’’.
(9) Action by the United States to reduce emis-
sions, taken in concert with other industrialized na-
tions, will promote action by developing countries to
reduce their own emissions.
(10) A growing number of major American
businesses are expressing a need to know how gov-
ernments worldwide will respond to the threat of
global warming.
(11) More efficient technologies and renewable
energy sources will mitigate global warming and will
make the United States economy more productive
and create hundreds of thousands of jobs.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that the United States should demonstrate inter-
national leadership and responsibility in mitigating the
health, environmental, and economic threats posed by
global warming by—
(1) taking responsible action to ensure signifi-
cant and meaningful reductions in emissions of car-
bon dioxide and other greenhouse gases from all sec-
tors; and
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(2) continuing to participate in international
negotiations with the objective of completing the
rules and guidelines for the Kyoto Protocol in a
manner that is consistent with the interests of the
United States and that ensures the environmental
integrity of the protocol.
SEC. 746. SENSE OF CONGRESS REGARDING THE BAN ON
SINN FEIN MINISTERS FROM THE NORTH-
SOUTH MINISTERIAL COUNCIL IN NORTHERN
IRELAND.
(a) FINDINGS.—The Congress makes the following
findings:
(1) The Good Friday Agreement established the
North-South Ministerial Council to bring together
those with executive responsibilities in Northern Ire-
land and the Republic of Ireland to discuss matters
of mutual interest on a cross-border and all-island
basis.
(2) The Ulster Unionist Party, Social Demo-
cratic and Labour Party, Sinn Fein and the Demo-
cratic Unionist Party comprise the Northern Ireland
executive.
(3) First Minister David Trimble continues to
ban Sinn Fein Ministers Martin McGuiness and
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Bairbre de Brun from attending North-South Min-
isterial Council meetings.
(4) On January 30, 2001, the Belfast High
Court ruled First Minister Trimble had acted ille-
gally in preventing the Sinn Fein Ministers from at-
tending the North-South Ministerial Council meet-
ings.
(b) SENSE OF CONGRESS.—The Congress calls upon
First Minister David Trimble to adhere to the terms of
the Good Friday Agreement and lift the ban on the par-
ticipation of Sinn Fein Ministers on the North-South Min-
isterial Council.
SEC. 747. SENSE OF CONGRESS RELATING TO THE NEGO-
TIATION OF EFFECTIVE EXTRADITION TREA-
TIES.
(a) FINDINGS.—The Congress finds as follows:
(1) According to the Department of Justice,
there are approximately 3,000 open extradition cases
worldwide at any time.
(2) The United States has extradition treaties
with only approximately 60 percent of the worlds na-
tions.
(3) Of such treaties, nearly half were enacted
prior to World War II and are seriously out of date.
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(4) Treaties enacted prior to the 1970’s are ba-
sically ineffective because only specific crimes listed
in the treaties are extraditable offenses.
(5) Treaties negotiated since the 1970’s are
much more effective because they are flexible and re-
flect modern criminal justice issues such as inter-
national child abduction and cybercrimes.
(b) SENSE OF CONGRESS.—The Congress calls on the
Secretary of State to develop and implement a process for
negotiating new effective extradition treaties with coun-
tries with which the United States has no current extra-
dition treay, as well as renegotiating old ineffective trea-
ties, and to work closely with the Department of Justice
in achieving these objectives.
SEC. 748. SENSE OF CONGRESS RELATING TO UPCOMING
ELECTIONS IN FIJI, EAST TIMOR, AND PERU.
It is the sense of the Congress that—
(1) the upcoming national elections in Fiji and
East Timor in August 2001 and Peru in June 2001
are crucial and should be conducted in a free, fair,
and democratic manner; and
(2) the Secretary of State should send election
monitors to Fiji, and should offer technical support,
as appropriate, to East Timor and Peru, to support
free and fair elections in these nations.
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SEC. 749. SENSE OF CONGRESS REGARDING THE MURDER
OF JOHN M. ALVIS.
(a) FINDINGS.—The Congress makes the following
findings:
(1) On November 30, 2000, John M. Alvis was
brutally murdered in Baku, Azerbaijan.
(2) John Alvis was serving his final two weeks
of a two year full-time commitment to the Inter-
national Republican Institute, an American non-
governmental organization carrying out assistance
projects for the United States Government to help
promote democracy and strengthen the rule of law
in Azerbaijan.
(3) Almost immediately following the news of
the murder of John M. Alvis, our United States Am-
bassador to Azerbaijan, Ross Wilson, raised the
issue with the the President of Azerbaijan and with
the Minister of Interior, and was assured that every
effort would be made to carry out a prompt and
thorough investigation.
(4) After the murder, 18 members of Congress,
led by Congressman Kevin Brady and then-Chair-
man of the House International Relations Com-
mittee, Ben Gilman, wrote President Aliyev express-
ing the commitment of the Congress to seeing
John’s murder solved, and Senator John McCain
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wrote former President Clinton’s Administration re-
questing the FBI’s involvement.
(5) The United States Ambassador to Azer-
baijan continues to raise this issue with Azerbaijani
officials.
(6) The Government of Azerbaijan has cooper-
ated with the FBI to find the individual or individ-
uals responsible for killing John Alvis.
(7) United States President George W. Bush
wrote Azerbaijan’s President Hedar Aliyev and
thanked Azerbaijan for its efforts to find the mur-
derer or murderers of John M. Alvis.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) the United States and the Congress is abso-
lutely committed to ensuring that the truth of the
murder of John M. Alvis is determined and the indi-
vidual or individuals responsible for this heinous act
are brought to justice; and
(2) the Congress—
(A) appreciates the efforts of the Govern-
ment of Azerbaijan to find the murderer or
murderers of John M. Alvis and urges it to con-
tinue to make it a high priority; and
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(B) urges the United States Department
of State to continue to raise the issue of the
murder of John M. Alvis with the Government
of Azerbaijan and to make this issue a priority
item in relations between the Government of
the United States and the Government of Azer-
baijan.
SEC. 750. SENSE OF CONGRESS RELATING TO REMARKS BY
THE 
PRESIDENT 
OF 
SYRIA 
CONCERNING
ISRAEL.
(a) FINDINGS.—The Congress finds the following:
(1) On March 27, 2001, at the first regular
Arab summit gathering in more than 10 years,
President Bashar al-Assad used his speech to lash
out at Israel.
(2) On March 28, 2001, the New York Times
reported, ‘‘In electing Mr. Sharon to be their leader,
President Assad said, Israelis had chosen a man who
hated anything to do with Arabs and had dedicated
his career to killing them.’’.
(3) President Assad additionally said, ‘‘We say
that the head of the government is a racist, it’s a
racist government, a racist army and security force,’’
he said, adding that by extension, ‘‘It is a racist so-
ciety and it is even more racist than the Nazis.’’.
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(4) On March 28, 2001, State Department
spokesman Richard Boucher described President
Assad’s remarks as, ‘‘absolutely wrong . . . totally un-
acceptable and inappropriate.’’.
(5) On March 29, 2001, the Bush administra-
tion’s top Middle East diplomat, Assistant Secretary
of State Edward Walker, responding to Assad’s re-
marks stated, ‘‘His statement at the Arab League
was unacceptable, particularly his reference to Zion-
ism as racism.’’.
(6) On May 5, 2001, in his welcoming speech
to Pope John Paul II, upon the Pope’s arrival in
Damascus, President Assad said, ‘‘They, Israelis, try
to kill all the principles of divine faiths with the
same mentality of betraying Jesus Christ and tor-
turing Him, and in the same way that they tried to
commit treachery against Prophet Mohammad.’’.
(7) On May 6, 2001, at the Umayyad Mosque,
Muhammad Ziyadah, Syria’s minister of religious af-
fairs, said, ‘‘We must be fully aware of what the en-
emies of God and malicious Zionism conspire to
commit against Christianity and Islam.’’.
(8) On May 7, 2001, State Department spokes-
man Richard Boucher condemned President Assad’s
remarks, ‘‘Our view is that these comments are as
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regrettable as they are unacceptable. There’s no
place from anyone or from any side for statements
that inflame religious passions and hatred.’’.
(9) It is only through constructive diplomacy,
and not through hateful, counterproductive speech,
that peace can possibly be achieved in the Middle
East.
(b) SENSE OF CONGRESS.—The Congress—
(1) condemns Syrian President Bashar al-Assad
for his inflammatory remarks on March 27, 2001,
and May 5, 2001;
(2) expresses its solidarity with the state and
people of Israel at this time of crisis;
(3) calls upon President Assad and the Syrian
Government to refrain from any future inflam-
matory remarks;
(4) commends the Administration for its swift
response to President Assad’s remarks; and
(5) urges the Administration to emphasize to
Syrian Government officials the concerns of the
United States about the negative impact such re-
marks make on Middle East peace negotiations.
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SEC. 751. SENSE OF CONGRESS RELATING TO ENVIRON-
MENTAL CONTAMINATION AND HEALTH EF-
FECTS 
IN 
THE 
PHILIPPINES 
EMANATING
FROM FORMER UNITED STATES MILITARY
FACILITIES.
It is the sense of the Congress that—
(1) the Secretary of State, in cooperation with
the Secretary of Defense, should continue to work
with the Government of the Philippines and with ap-
propriate non-governmental organizations in the
United States and the Philippines to fully identify
and share all relevant information concerning envi-
ronmental contamination and health effects ema-
nating from former United States military facilities
in the Philippines following departure of the United
States military forces from the Philippines in 1992;
(2) the United States and the Government of
the Philippines should continue to build upon the
agreements outlined in the Joint Statement by the
United States and the Republic of the Philippines on
a Framework for Bilateral Cooperation in the Envi-
ronment and Public Health signed on July 27, 2000;
and
(3) Congress should encourage an objective
non-governmental study which would examine envi-
ronmental contamination and health effects ema-
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nating from former United States military facilities
in the Philippines, following departure of United
States military forces from the Philippines in 1992.
SEC. 752. 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 of
State should give favorable consideration to requests by
the Director of the Peace Corps that the Secretary exer-
cise his authority under section 606(a)(2)(B) of the Se-
cure Embassy Construction and Counterterrorism Act of
1999 (22 U.S.C. 4865(a)(2)(B)) to waive certain require-
ments 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. 753. SENSE OF CONGRESS REGARDING THE MIS-
TREATMENT OF UNITED STATES CIVILIAN
PRISONERS INCARCERATED BY THE AXIS
POWERS DURING WORLD WAR II.
(a) FINDINGS.—The Congress makes the following
findings:
(1) The Axis Powers captured and incarcerated
18,745 United States civilians who were living or
traveling abroad during World War II, of which
1,704 died or were executed in captivity.
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(2) These civilian prisoners of war were sub-
jected to barbaric prison conditions and endured tor-
ture, starvation, and disease.
(3) The incarceration of these United States ci-
vilians and the conditions of such incarceration vio-
lated international human rights principles.
(4) The vast majority of these civilian prisoners
of war have never received any formal recognition or
compensation for their suffering, despite the physical
and emotional trauma they endured.
(5) The incarceration of United States civilians
by the Axis Powers during World War II and the
conditions of such incarceration violated inter-
national human rights principles.
(b) SENSE OF CONGRESS.—The Congress—
(1) extends its sympathies to the brave men
and women who endured the terrible hardships of
such incarceration and to their families; and
(2) encourages foreign nations that incarcerated
United States civilians during World War II to for-
mally apologize to these individuals and their fami-
lies.
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SEC. 754. SENSE OF CONGRESS REGARDING PURCHASE OF
AMERICAN-MADE 
EQUIPMENT 
AND 
PROD-
UCTS.
In the case of any equipment or products that may
be authorized to be purchased with financial assistance
provided under this Act (including any amendment made
by this Act), it is the sense of the Congress that entities
receiving such assistance should, in expending the assist-
ance, purchase only American-made equipment and prod-
ucts.
SEC. 755. SENSE OF CONGRESS RELATING TO STATE DE-
PARTMENT TRAVEL WARNINGS FOR ISRAEL,
THE WEST BANK, AND GAZA.
It is the sense of the Congress that—
(1) the Secretary of State should, in an effort
to provide better and more accurate information to
American citizens traveling abroad, review the cur-
rent travel warning in place for Israel, the West
Bank, and Gaza, to determine which areas present
the highest threat to American citizens in the region
and which areas may be visited safely; and
(2) the Secretary of State should revise the
travel warning for Israel, the West Bank, and Gaza
as appropriate based on the above determinations.
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TITLE VIII—SECURITY
ASSISTANCE
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Security Assistance
Act of 2001’’.
Subtitle A—Military and Related
Assistance
CHAPTER 1—FOREIGN MILITARY SALES
AND RELATED AUTHORITIES
SEC. 811. QUARTERLY REPORT ON PRICE AND AVAIL-
ABILITY ESTIMATES.
Chapter 2 of the Arms Export Control Act (22
U.S.C. 2761 et seq.), is amended by adding at the end
the following:
‘‘SEC. 28. QUARTERLY REPORT ON PRICE AND AVAIL-
ABILITY ESTIMATES.
‘‘(a) QUARTERLY REPORT.—Not later than 15 days
after the end of each calendar quarter, the President shall
transmit to the Committee on International Relations of
the House of Representatives and the Committee on For-
eign Relations of the Senate a report that contains the
information described in subsection (b).
‘‘(b) INFORMATION.—The information described in
this subsection is the following:
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‘‘(1)(A) Each price and availability estimate
provided by the United States Government during
such calendar quarter to a foreign country with re-
spect to a possible sale under this Act of major de-
fense articles having a cost of $7,000,000 or more,
or of any other defense articles or services having a
cost of $25,000,000 or more.
‘‘(B) The name of each foreign country to
which an estimate described in subparagraph (A)
was provided, the defense articles or services in-
volved, the quantity of the articles or services in-
volved, and the price estimate.
‘‘(2)(A) Each request received by the United
States Government from a foreign country during
such calendar quarter for the issuance of a letter of
offer to sell defense articles or defense services if the
proposed sale does not include a price and avail-
ability estimate (as described in paragraph (1)(A)).
‘‘(B) The name of each foreign country that
makes a request described in subparagraph (A), the
date of the request, the defense articles or services
involved, the quantity of the articles or services in-
volved, and the price and availability terms re-
quested.’’.
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SEC. 812. OFFICIAL RECEPTION AND REPRESENTATION EX-
PENSES.
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. 813. TREATMENT OF TAIWAN RELATING TO TRANS-
FERS OF DEFENSE ARTICLES AND SERVICES.
Notwithstanding any other provision of law, for pur-
poses of the transfer or potential transfer of defense arti-
cles 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 the equivalent of a
major non-NATO ally.
SEC. 814. UNITED STATES POLICY WITH REGARD TO TAI-
WAN.
(a) CONSULTATION WITH CONGRESS.—Not later
than 30 days prior to consultations with Taiwan described
in subsection (b), the President shall consult, on a classi-
fied basis, with Congress regarding the following matters
with respect to the availability of defense articles and serv-
ices for Taiwan:
(1) The request by Taiwan to the United States
for the purchase of defense articles and defense serv-
ices.
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(2) The President’s assessment of the legiti-
mate defense needs of Taiwan taking into account
Taiwan’s request described in paragraph (1).
(3) The decisionmaking process used by the
President to consider such request.
(b) CONSULTATION WITH TAIWAN.—At least once
every calendar year, the President, or the President’s des-
ignee, shall consult with representatives of the armed
forces of Taiwan, at not less than the level of Vice Chief
of the General Staff, concerning the nature and quantity
of defense articles and services to be made available to
Taiwan in accordance with section 3(b) of the Taiwan Re-
lations Act (22 U.S.C. 3302(b)). Such consultations shall
take place in Washington, D.C.
CHAPTER 2—EXCESS DEFENSE ARTICLE
AND DRAWDOWN AUTHORITIES
SEC. 821. EXCESS DEFENSE ARTICLES FOR CERTAIN EURO-
PEAN AND OTHER COUNTRIES.
(a) CENTRAL
AND SOUTHERN EUROPEAN COUN-
TRIES.—Section 105 of Public Law 104–164 (110 Stat.
1427) is amended by striking ‘‘2000 and 2001’’ and in-
serting ‘‘2001, 2002, and 2003’’.
(b) CERTAIN OTHER COUNTRIES.—Notwithstanding
section 516(e) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j(e)), during each of the fiscal years 2002 and
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2003, funds available to the Department of Defense may
be expended for crating, packing, handling, and transpor-
tation of excess defense articles transferred under the au-
thority of section 516 of such Act to Albania, Bulgaria,
Croatia, Estonia, the Former Yugoslavia Republic of Mac-
edonia, Georgia, Kyrgyzstan, Latvia, Lithuania, Mongolia,
the Philippines, Slovakia, and Uzbekistan.
(c) CONTENT OF CONGRESSIONAL NOTIFICATION.—
Each notification required to be submitted under section
516(f) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(f)) with respect to a proposed transfer of a defense
article described in subsection (b) shall include an esti-
mate of the amount of funds to be expended under such
subsection with respect to that transfer.
SEC. 822. LEASES OF DEFENSE ARTICLES FOR FOREIGN
COUNTRIES AND INTERNATIONAL ORGANIZA-
TIONS.
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’’; and
(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 com-
plete major refurbishment work of the leased articles
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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 refurbish-
ment work’ means work for which the period of perform-
ance is 6 months or more.’’.
SEC. 823. PRIORITY WITH RESPECT TO TRANSFER OF EX-
CESS 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’’.
CHAPTER 3—NONPROLIFERATION AND
EXPORT CONTROL ASSISTANCE
SEC. 831. INTERNATIONAL COUNTERPROLIFERATION EDU-
CATION AND 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:
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‘‘SEC. 
584. 
INTERNATIONAL 
COUNTER-PROLIFERATION
EDUCATION AND TRAINING.
‘‘(a) GENERAL AUTHORITY.—The President is au-
thorized to furnish, on such terms and conditions con-
sistent with this chapter (but whenever feasible on a reim-
bursable basis), education and training to foreign govern-
mental and military personnel for the purpose of enhanc-
ing the nonproliferation and export control capabilities of
such personnel through their attendance in special courses
of instruction in the United States.
‘‘(b) ADMINISTRATION OF COURSES.—The Secretary
of State shall have overall responsibility for the develop-
ment and conduct of international nonproliferation edu-
cation and training programs, but may rely upon any of
the following agencies to recommend personnel for the
education and training, and to administer specific courses
of instruction:
‘‘(1) The Department of Defense (including na-
tional weapons laboratories under contract with the
Department).
‘‘(2) The Department of Energy (including na-
tional weapons laboratories under contract with the
Department).
‘‘(3) The Department of Commerce.
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‘‘(4) The intelligence community (as defined in
section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4))).
‘‘(5) The United States Customs Service.
‘‘(6) The Federal Bureau of Investigation.
‘‘(c) PURPOSES.—Education and training activities
conducted under this section shall be—
‘‘(1) of a technical nature, emphasizing tech-
niques for detecting, deterring, monitoring, inter-
dicting, and countering proliferation;
‘‘(2) designed to encourage effective and mutu-
ally 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, including defense
articles and defense services obtained by them from
the United States, with maximum effectiveness,
thereby contributing to greater self-reliance by such
countries.’’.
SEC. 832. ANNUAL REPORT ON THE PROLIFERATION OF
MISSILES AND ESSENTIAL COMPONENTS OF
NUCLEAR, 
BIOLOGICAL, 
AND 
CHEMICAL
WEAPONS.
(a) REPORT.—
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(1) IN GENERAL.—The President shall transmit
to the designated congressional committees an an-
nual report on the transfer by any country of weap-
ons, technology, components, or materials that can
be used to deliver, manufacture (including research
and experimentation), or weaponize nuclear, biologi-
cal, or chemical weapons (hereinafter in this section
referred to as ‘‘NBC weapons’’) to any country other
than a country referred to in subsection (c) that is
seeking to possess or otherwise acquire such weap-
ons, technology, or materials, or other system that
the Secretary of State or Secretary of Defense has
reason to believe could be used to develop, acquire,
or deliver NBC weapons.
(2) DEADLINE FOR INITIAL REPORT.—The first
such report shall be submitted not later than 90
days after the date of the enactment of this Act and
on April 1 of each year thereafter.
(b) MATTERS TO BE INCLUDED.—Each such report
shall include, but not be limited to—
(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 of State or the Secretary of De-
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fense 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 ac-
quire such equipment or any other system that the
Secretary of State or the Secretary of Defense has
reason to believe may be used to deliver NBC weap-
ons; and
(3) the transfer of technology, test equipment,
radioactive materials, feedstocks and cultures, and
all other specialized materials that the Secretary of
State or the Secretary of Defense has reason to be-
lieve 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 coun-
try or by any subnational group to acquire MTCR-
controlled equipment, NBC-capable aircraft, or any
other weapon or major weapon component which
may be utilized in the delivery of NBC weapons,
whose primary use is the delivery of NBC weapons,
or that the Secretary of State or the Secretary of
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Defense has reason to believe could be used to de-
liver NBC weapons.
(2) The status of NBC weapons development,
acquisition, manufacture, stockpiling, and deploy-
ment programs in any such country, including ef-
forts 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 enact-
ment 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 of State 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 of State or the Sec-
retary of Defense has reason to believe could be
used to deliver NBC weapons.
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(4) A listing of those persons and countries
which continue to provide such equipment or tech-
nology 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 per-
sons 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 de-
scribed 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 ac-
quisition 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 regu-
latory and enforcement regimes of the United States
and other countries that adhere to the MTCR and
other arrangements affecting the acquisition and de-
livery of NBC weapons in controlling the export of
MTCR and other NBC weapons and delivery system
equipment or technology.
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(8) A summary of advisory opinions issued
under section 11B(b)(4) of the Export Administra-
tion 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 re-
garding the transfer of MTCR equipment or tech-
nology to foreign missile programs, including pro-
grams involving launches of space vehicles.
(10) A description of each transfer by any per-
son or government during the preceding 12-month
period which is subject to sanctions under the Iran-
Iraq Arms Non-Proliferation Act of 1992 (title XVI
of Public Law 102–484).
(d) EXCLUSIONS.—The countries excluded under
subsection (a) are Australia, Belgium, Canada, the Czech
Republic, Denmark, France, Germany, Greece, Hungary,
Iceland, Italy, Japan, Luxembourg, the Netherlands, Nor-
way, Poland, Portugal, Spain, Turkey, the United King-
dom, and the United States.
(e) CLASSIFICATION OF REPORT.—The Secretary of
State shall make every effort to submit all of the informa-
tion required by this section in unclassified form. When-
ever the Secretary submits any such information in classi-
fied form, the Secretary shall submit such classified infor-
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mation 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
COMMIT-
TEES.—The term ‘‘designated congressional commit-
tees’’ means—
(A) the Committee on Appropriations, the
Committee on Armed Services, and the Com-
mittee on International Relations of the House
of Representatives; and
(B) the Committees on Appropriations, the
Committee on Armed Services, and the Com-
mittee on Foreign Relations of the Senate.
(2) MISSILE; MTCR; MTCR
EQUIPMENT
OR
TECHNOLOGY.—The terms ‘‘missile’’, ‘‘MTCR’’, and
‘‘MTCR equipment or technology’’ have the mean-
ings given those terms in section 74 of the Arms Ex-
port Control Act (22 U.S.C. 2797c).
(3) PERSON.—The term ‘‘person’’ means any
United States or foreign individual, partnership, cor-
poration, or other form of association, or any of its
successor entities, parents, or subsidiaries.
(4) WEAPONIZE; WEAPONIZATION.—The term
‘‘weaponize’’ or ‘‘weaponization’’ means to incor-
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porate into, or the incorporation into, usable ord-
nance 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 Bio-
logical Weapons Control and Warfare Elimi-
nation 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 Re-
lated Programs Appropriations Act, 1997 (as
contained in section 101(c) of title I of division
A of Public Law 104–208).
(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
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(B) in paragraph (c), by striking ‘‘; and’’
and inserting a period.
SEC. 833. FIVE-YEAR INTERNATIONAL ARMS CONTROL AND
NONPROLIFERATION STRATEGY.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of State shall prepare and
submit to the appropriate congressional committees a 5-
year international arms control and nonproliferation strat-
egy. The strategy shall contain the following:
(1) A 5-year plan for the reduction of existing
nuclear, chemical, and biological weapons and bal-
listic 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 ac-
complish goals and objectives described in paragraph
(2).
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Subtitle B—Strengthening the
Munitions Licensing Process
SEC. 841. LICENSE OFFICER STAFFING.
(a) FUNDING.—Of the amounts authorized to be ap-
propriated under the appropriations account entitled
‘‘DIPLOMATIC AND CONSULAR PROGRAMS’’ for fiscal years
2002 and 2003, not less than $10,000,000 shall be made
available each such fiscal year for the Office of Defense
Trade Controls of the Department of State for salaries
and expenses.
(b) ASSIGNMENT OF LICENSE REVIEW OFFICERS.—
Effective January 1, 2002, the Secretary of State shall
assign to the Office of Defense Trade Controls of the De-
partment of State a sufficient number of license review
officers to ensure that the average weekly caseload for
each officer does not exceed 40.
(c) DETAILEES.—Given the priority placed on expe-
dited 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. 842. FUNDING FOR DATABASE AUTOMATION.
Of the amounts authorized to be appropriated under
the appropriations account entitled ‘‘CAPITAL INVEST-
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MENT FUND’’ for fiscal years 2002 and 2003, not less
than $4,000,000 shall be made available each such fiscal
year for the Office of Defense Trade Controls of the De-
partment of State for the modernization of information
management systems.
SEC. 843. INFORMATION MANAGEMENT PRIORITIES.
(a) OBJECTIVE.—The Secretary of State shall estab-
lish a secure, Internet-based system for the filing and re-
view of applications for export of Munitions List items.
(b) ESTABLISHMENT
OF
A MAINFRAME.—Of the
amounts made available pursuant to section 842, not less
than $3,000,000 each such fiscal year shall be made avail-
able to fully automate the Defense Trade Application Sys-
tem, and to ensure that the system—
(1) is an electronic system for the filing and re-
view of Munitions List license applications;
(2) is secure, with modules available through
the Internet; and
(3) is capable of exchanging data with—
(A) the Foreign Disclosure and Technology
Information System and the USXPORTS sys-
tems of the Department of Defense;
(B) the Export Control System of the Cen-
tral Intelligence Agency; and
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(C) 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 Muni-
tions List of defense articles and defense services con-
trolled under section 38 of the Arms Export Control Act
(22 U.S.C. 2778).
SEC. 844. IMPROVEMENTS TO THE AUTOMATED EXPORT
SYSTEM.
(a) MANDATORY FILING.—The Secretary of Com-
merce, with the concurrence of the Secretary of State and
the Secretary of the Treasury, shall publish regulations
in the Federal Register to require, upon the effective date
of those regulations, the mandatory filing through the
Automated Export System for the remainder of exports
that were not covered by regulations issued pursuant to
section 1252(b) of the Security Assistance Act of 1999
(113 Stat. 1501A–506), as enacted into law by section
1000(a)(7) of Public Law 106–113.
(b) REQUIREMENT FOR INFORMATION SHARING.—
The Secretary of State shall conclude an information shar-
ing arrangement with the heads of United States Customs
Service and the Census Bureau to adjust the Automated
Export System to parallel information currently collected
by the Department of State.
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(c) SECRETARY OF TREASURY FUNCTIONS.—Section
303 of title 13, United States Code, is amended by strik-
ing ‘‘, other than by mail,’’.
(d) FILING EXPORT INFORMATION, DELAYED FIL-
INGS, 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 delin-
quency beyond the prescribed period, but not
more than $1,000, shall be exacted’’ and insert-
ing ‘‘the Secretary of Commerce (and officers
and employees of the Department of Commerce
designated by the Secretary) may impose a civil
penalty not to exceed $1,000 for each day’s de-
linquency beyond the prescribed period, but not
more than $10,000 per violation’’;
(2) by redesignating subsection (b) as sub-
section (c); and
(3) by inserting after subsection (a) the fol-
lowing:
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‘‘(b) Any person, other that 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 and employees of the Department of Com-
merce 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.’’.
(e) ADDITIONAL PENALTIES.—
(1) IN
GENERAL.—Section 305 of title 13,
United States Code, is amended to read as follows:
‘‘§ 305. Penalties for unlawful export information ac-
tivities
‘‘(a) CRIMINAL PENALTIES.—(1) Any person who
knowingly fails to file or knowingly submits false or mis-
leading 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) Any person who knowingly reports any informa-
tion on or uses the SED or the AES to further any illegal
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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) Any person who is convicted under this sub-
section shall, in addition to any other penalty, forfeit 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
and employees of the Department of Commerce specifi-
cally designated by the Secretary) may impose a civil pen-
alty not to exceed $10,000 per violation on any person
violating the provisions of this chapter or any rule, regula-
tion, or order issued thereunder, except as provided in sec-
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tion 304. Such penalty may be in addition to any other
penalty imposed by law.
‘‘(c) CIVIL PENALTY PROCEDURE.—(1) When a civil
penalty is sought for a violation of this section or of sec-
tion 304, the charged party is entitled to receive a formal
complaint specifying the charges and, at his or her re-
quest, to contest the charges in a hearing before an admin-
istrative law judge. Any such hearing shall be conducted
in accordance with sections 556 and 557 of title 5, United
States Code.
‘‘(2) If any person fails to pay a civil penalty imposed
under this chapter, the Secretary may ask the Attorney
General to commence a civil action in an appropriate dis-
trict court of the United States to recover the amount im-
posed (plus interest at currently prevailing rates from the
date of the final order). No such action may be com-
menced more than 5 years after 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) The Secretary may remit or mitigate any pen-
alties imposed under paragraph (1) if, in his or her
opinion—
‘‘(A) the penalties were incurred without willful
negligence or fraud; or
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‘‘(B) other circumstances exist that justify a re-
mission or mitigation.
‘‘(4) If, pursuant to section 306, the Secretary dele-
gates functions under this section to another agency, the
provisions of law of that agency relating to penalty assess-
ment, remission or mitigation of such penalties, collection
of such penalties, and limitations of actions and com-
promise of claims, shall apply.
‘‘(5) Any amount paid in satisfaction of a civil pen-
alty imposed under this section or section 304 shall be
deposited into the general fund of the Treasury and cred-
ited as miscellaneous receipts.
‘‘(d) ENFORCEMENT.—(1) The Secretary of Com-
merce 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 ap-
propriate 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 ap-
proved by the Attorney General.
‘‘(2) The Commissioner of Customs may designate of-
ficers or employees of the Customs Service to enforce the
provisions of this chapter, or to conduct investigations
pursuant to this chapter.
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‘‘(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 sec-
tions 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. 845. 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 sen-
tence 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 Com-
mittee on Foreign Relations of the Senate in accordance
with the procedures applicable to reprogramming notifica-
tions under section 634A(a) of the Foreign Assistance Act
of 1961. Such notice shall describe the nature of any con-
trols to be imposed on that item under any other provision
of law.’’.
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SEC. 846. CONGRESSIONAL NOTIFICATION THRESHOLDS
FOR ALLIED COUNTRIES.
The Arms Export Control Act (22 U.S.C. 2751 et
seq.), is amended—
(1) in paragraphs (1) and (3)(A) of section
3(d), by adding after ‘‘at $50,000,000 or more’’
each place it appears the following: ‘‘(or, in the case
of a transfer to a country which is a member coun-
try of the North Atlantic Treaty Organization
(NATO) or Australia, Japan, or New Zealand, any
major defense equipment valued (in terms of its
original acquisition cost) at $25,000,000 or more, or
of defense articles or defense services valued (in
terms 
of 
its 
original 
acquisition 
cost) 
at
$100,000,000 or more)’’;
(2) in section 36(b)(1), by adding after ‘‘for
$14,000,000 or more’’ the following: ‘‘(or, in the
case of a letter of offer to sell to a country which
is a member country of the North Atlantic Treaty
Organization (NATO) or Australia, Japan, or New
Zealand, any major defense equipment under this
Act for $25,000,000 or more, any defense articles or
services for $100,000,000 or more, or any design
and construction services for $300,000,000 or
more)’’;
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(3) in section 36(b)(5)(C), by adding after ‘‘or
$200,000,000 or more in the case of design or con-
struction services’’ the following: ‘‘(or, in the case of
a letter of offer to sell to a country which is a mem-
ber country of the North Atlantic Treaty Organiza-
tion (NATO) or Australia, Japan, or New Zealand,
any major defense equipment for $25,000,000 or
more, 
any 
defense 
articles 
or 
services 
for
$100,000,000 or more, or any design and construc-
tion services for $300,000,000 or more)’’;
(4) in section 36(c)(1), by adding after
‘‘$50,000,000 or more’’ the following: ‘‘(or, in the
case of an application by a person (other than with
regard to a sale under section 21 or section 22 of
this Act) for a license for the export to a country
which is a member country of the North Atlantic
Treaty Organization (NATO) or Australia, Japan,
or New Zealand, of any major defense equipment
sold under a contract in the amount of $25,000,000
or more or of defense articles or defense services
sold 
under 
a 
contract 
in 
the 
amount 
of
$100,000,000 or more)’’; and
(5) 
in 
section 
63(a), 
by 
adding 
after
‘‘$50,000,000 or more’’ the following: ‘‘(or, in the
case of such an agreement with a country which is
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a member country of the North Atlantic Treaty Or-
ganization (NATO) or Australia, Japan, or New
Zealand: (i) major defense equipment valued (in
terms of its replacement cost less any depreciation
in its value) at $25,000,000 or more; or (ii) defense
articles valued (in terms of their replacement cost
less any depreciation in their value) at $100,000,000
or more)’’.
Subtitle C—Authority to Transfer
Naval Vessels
SEC. 851. AUTHORITY TO TRANSFER NAVAL VESSELS TO
CERTAIN FOREIGN COUNTRIES.
(a) AUTHORITY TO TRANSFER.—
(1) BRAZIL.—The President is authorized to
transfer to the Government of Brazil the ‘‘Newport’’
class tank landing ship Peoria (LST 1183). Such
transfer shall be on a sale basis under section 21 of
the Arms Export Control Act (22 U.S.C. 2761).
(2) POLAND.—The President is authorized to
transfer to the Government of Poland the ‘‘Oliver
Hazard Perry’’ class guided missile frigate Wads-
worth (FFG 9). Such transfer shall be on a grant
basis under section 516 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j).
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(3) TAIWAN.—The President is authorized to
transfer to the Taipai Economic and Cultural Rep-
resentative Office in the United States (which is the
Taiwan instrumentality designated pursuant to sec-
tion 10(a) of the Taiwan Relations Act) the ‘‘Kidd’’
class guided missile destroyers Kidd (DDG 993),
Callaghan (DDG 994), Scott (DDG 995), and Chan-
dler (DDG 996). Such transfers shall be on a sales
basis under section 21 of the Arms Export Control
Act (22 U.S.C. 2761).
(4) TURKEY.—The President is authorized to
transfer to the ‘‘Oliver Hazard Perry’’ class guided
missile frigates Estocin (FFG 15) and Samuel Eliot
Morrison (FFG 13). Each such transfer shall be on
a sale basis under section 21 of the Arms Export
Control Act (22 U.S.C. 2761). The President is fur-
ther authorized to transfer to the Government of
Turkey the ‘‘Knox’’ class frigates Capadanno (FF
1093), Thomas C. Hart (FF 1092), Donald B.
Beary (FF 1085), McCandless (FF 1084), Reasoner
(FF 1063), and Bowen (FF 1079). The transfer of
these 6 ‘‘Knox’’ class frigates shall be on a grant
basis under section 516 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j).
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(b) 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 sub-
section (a) shall not be counted for the purposes of sub-
section (g) of that section in the aggregate value of excess
defense articles transferred to countries under that section
in any fiscal year.
(c) COSTS OF TRANSFERS.—Notwithstanding section
516(e)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j(e)(1)), any expense incurred by the United
States in connection with a transfer authorized to be made
on a grant basis under subsection (a) shall be charged to
the recipient.
(d) REPAIR
AND
REFURBISHMENT
IN
UNITED
STATES SHIPYARDS.—To the maximum extent prac-
ticable, 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 re-
furbishment of the vessel as is needed, before the vessel
joins the naval forces of that country, performed at a
United States Navy shipyard or other shipyard located in
the United States.
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(e) EXPIRATION OF AUTHORITY.—The authority pro-
vided under subsection (a) shall expire at the end of the
2-year period beginning on the date of the enactment of
this Act.
Subtitle D—Miscellaneous
Provisions
SEC. 861. ANNUAL FOREIGN MILITARY TRAINING REPORTS.
Section 656(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2416), is amended—
(1) by striking ‘‘Not later than January 31 of
each year,’’ and inserting ‘‘Upon written request by
the chairman or ranking member of the Committee
on International Relations of the House of Rep-
resentatives or the Committee on Foreign Relations
of the Senate,’’; and
(2) by inserting ‘‘of a country specified in the
request’’ after ‘‘personnel’’.
SEC. 862. REPORT RELATING TO INTERNATIONAL ARMS
SALES CODE OF CONDUCT.
Section 1262(c) of the Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal
Years 2000 and 2001 (as enacted by section 1000(a)(7)
of Public Law 106–113; 113 Stat 1501A–508), is
amended—
(1) in paragraph (1)—
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(A) by striking ‘‘commencement of the ne-
gotiations under subsection (a),’’ and inserting
‘‘date of the enactment of the Foreign Relations
Authorization Act, Fiscal Years 2002 and
2003,’’; and
(B) by striking ‘‘during these negotia-
tions.’’ and inserting ‘‘to begin negotiations and
any progress made to conclude an agreement
during negotiations.’’; and
(2) in paragraph (2), by striking ‘‘subsection
(a)’’ and inserting ‘‘subsection (b)’’.
SEC. 863. ASSISTANCE TO LEBANON.
(a) MILITARY ASSISTANCE.—Notwithstanding any
other provision of law, the President shall not provide as-
sistance under chapter 5 of part II of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2347 et seq.; relating to
international military education and training) to the
armed forces of the Government of Lebanon unless the
President certifies to the appropriate congressional com-
mittees that—
(1) the armed forces of Lebanon have been de-
ployed to the internationally recognized border be-
tween Lebanon and Israel; and
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(2) the Government of Lebanon is effectively
asserting its authority in the area in which such
forces have been deployed.
(b) ECONOMIC ASSISTANCE.—If the President has
not made the certification described in subsection (a) with-
in 6 months after the date of the enactment of this Act,
the President shall provide to the appropriate congres-
sional committees a plan to terminate assistance to Leb-
anon provided 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).
TITLE IX—IRAN NUCLEAR PRO-
LIFERATION 
PREVENTION
ACT OF 2001
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Iran Nuclear Pro-
liferation Prevention Act of 2001’’.
SEC. 902. 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:
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‘‘(d) Notwithstanding subsection (c), the limitations
of subsection (a) shall apply to programs and projects of
the International Atomic Energy Agency in Iran, unless
the Secretary of State makes a determination in writing
to the Committee on International Relations of the House
of Representatives and the Committee on Foreign Rela-
tions of the Senate that such programs and projects are
consistent with United States nuclear nonproliferation and
safety goals, will not provide Iran with training or exper-
tise relevant to the development of nuclear weapons, and
are not being used as a cover for the acquisition of sen-
sitive nuclear technology. A determination made by the
Secretary of State under the preceding sentence shall be
effective for the 1-year period beginning on the date of
the determination.’’.
SEC. 903. ANNUAL REVIEW BY SECRETARY OF STATE OF
PROGRAMS AND PROJECTS OF THE INTER-
NATIONAL ATOMIC ENERGY AGENCY; UNITED
STATES OPPOSITION TO PROGRAMS AND
PROJECTS OF THE AGENCY IN IRAN.
(a) ANNUAL REVIEW.—
(1) IN GENERAL.—The Secretary of State shall
undertake a comprehensive annual review of all pro-
grams and projects of the International Atomic En-
ergy Agency in the countries described in section
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307(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2227(a)) and shall determine if such pro-
grams and projects are consistent with United
States nuclear nonproliferation and safety goals.
(2) REPORT.—Not later than 1 year after the
date of the enactment of this Act and on an annual
basis thereafter for 5 years, the Secretary shall pre-
pare and submit to the Congress a report containing
the results of the review under paragraph (1).
(b) OPPOSITION
TO
CERTAIN
PROGRAMS
AND
PROJECTS OF INTERNATIONAL ATOMIC ENERGY AGEN-
CY.—The Secretary of State 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 sub-
section (a)(1) to be inconsistent with nuclear nonprolifera-
tion and safety goals of the United States.
SEC. 904. REPORTING REQUIREMENTS.
(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act and on an annual basis
thereafter for 5 years, the Secretary of State, in consulta-
tion with the United States representative to the Inter-
national Atomic Energy Agency, shall prepare and submit
to the Congress a report that—
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(1) describes the total amount of annual assist-
ance to Iran from the International Atomic Energy
Agency, a list of Iranian officials in leadership posi-
tions at the Agency, the expected timeframe for the
completion of the nuclear power reactors at the
Bushehr nuclear power plant, and a summary of the
nuclear materials and technology transferred to Iran
from the Agency in the preceding year which could
assist in the development of Iran’s nuclear weapons
program; and
(2) contains 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 co-
operation and assistance programs and projects of
the Agency and United States nuclear nonprolifera-
tion and safety goals in these countries.
(b) ADDITIONAL REQUIREMENT.—The report re-
quired to be submitted under subsection (a) shall be sub-
mitted in an unclassified form, to the extent appropriate,
but may include a classified annex.
SEC. 905. SENSE OF CONGRESS.
It is the sense of the Congress that the United States
Government should pursue internal reforms at the Inter-
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national Atomic Energy Agency that will ensure that all
programs and projects funded under the Technical Co-
operation and Assistance Fund of the Agency are compat-
ible with United States nuclear nonproliferation policy and
international nuclear nonproliferation norms.
TITLE X—EAST TIMOR TRANSI-
TION TO INDEPENDENCE ACT
OF 2001
SEC. 1001. SHORT TITLE.
This title may be cited as the ‘‘East Timor Transition
to Independence Act of 2001’’.
SEC. 1002. FINDINGS.
Congress makes the following findings:
(1) On August 30, 1999, the East Timorese
people voted overwhelmingly in favor of independ-
ence from Indonesia. Anti-independence militias,
with the support of the Indonesian military, at-
tempted to prevent then retaliated against this vote
by launching a campaign of terror and violence, dis-
placing 500,000 people and murdering at least
1,000 people.
(2) The violent campaign devastated East
Timor’s infrastructure, destroyed or severely dam-
aged 60 to 80 percent of public and private prop-
erty, and resulted in the collapse of virtually all
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vestiges of government, public services and public se-
curity.
(3) The Australian-led International Force for
East Timor (INTERFET) entered East Timor in
September 1999 and successfully restored order. On
October 25, 1999, the United Nations Transitional
Administration for East Timor (UNTAET) began to
provide overall administration of East Timor, guide
the people of East Timor in the establishment of a
new democratic government, and maintain security
and order.
(4) UNTAET and the East Timorese leader-
ship currently anticipate that East Timor will be-
come an independent nation as early as late 2001.
(5) East Timor is one of the poorest places in
Asia. A large percentage of the population live below
the poverty line, only 20 percent of East Timor’s
population is literate, most of East Timor’s people
remain unemployed, the annual per capita Gross Na-
tional Product is $340, and life expectancy is only
56 years.
(6) The World Bank and the United Nations
have estimated that it will require $300,000,000 in
development assistance over the next 3 years to meet
East Timor’s basic development needs.
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SEC. 1003. SENSE OF CONGRESS RELATING TO SUPPORT
FOR EAST TIMOR.
It is the sense of Congress that the United States
should—
(1) facilitate East Timor’s transition to inde-
pendence, support formation of broad-based democ-
racy in East Timor, help lay the groundwork for
East Timor’s economic recovery, and strengthen
East Timor’s security;
(2) help ensure that the nature and pace of the
economic transition in East Timor is consistent with
the needs and priorities of the East Timorese people,
that East Timor develops a strong and independent
economic infrastructure, and that the incomes of the
East Timorese people rise accordingly;
(3) begin to lay the groundwork, prior to East
Timor’s independence, for an equitable bilateral
trade and investment relationship;
(4)(A) recognize East Timor, and establish dip-
lomatic relations with East Timor, upon its inde-
pendence;
(B) ensure that a fully functioning, fully
staffed, adequately resourced, and securely main-
tained United States diplomatic mission is accred-
ited to East Timor upon its independence; and
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(C) in the period prior to East Timor’s inde-
pendence, ensure that the United States maintains
an adequate diplomatic presence in East Timor, with
resources sufficient to promote United States polit-
ical, security, and economic interests with East
Timor;
(5) support efforts by the United Nations and
East Timor to ensure justice and accountability re-
lated to past atrocities in East Timor through—
(A) United Nations investigations;
(B) development of East Timor’s judicial
system, including appropriate technical assist-
ance to East Timor from the Department of
Justice, the Federal Bureau of Investigation,
and the Drug Enforcement Administration;
(C) the possible establishment of an inter-
national tribunal for East Timor; and
(D) sharing with the United Nations Tran-
sitional 
Administration 
for 
East 
Timor
(UNTAET) and East Timorese investigators
any unclassified information relevant to past
atrocities in East Timor gathered by the United
States Government; and
(6)(A) as an interim step, support observer sta-
tus for an official delegation from East Timor to ob-
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serve and participate, as appropriate, in all delibera-
tions of the Asia-Pacific Economic Cooperation
(APEC) group, the Association of Southeast Asian
Nations (ASEAN), and other international institu-
tions; and
(B) after East Timor achieves independence,
support full membership for East Timor in these
and other international institutions, as appropriate.
SEC. 1004. BILATERAL ASSISTANCE.
(a) AUTHORITY.—The President, acting through the
Administrator of the United States Agency for Inter-
national Development, is authorized to—
(1) support the development of civil society, in-
cluding 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, envi-
ronmental protection, sustainable development, de-
velopment of East Timor’s health care infrastruc-
ture, educational programs, and programs strength-
ening the role of women in society;
(4) promote reconciliation, conflict resolution,
and prevention of further conflict with respect to
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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; and
(6) support political party development, voter
education, voter registration, and other activities in
support of free and fair elections in East Timor.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be
appropriated to the President to carry out this sec-
tion $25,000,000 for fiscal year 2002.
(2) AVAILABILITY.—Amounts appropriated pur-
suant to the authorization of appropriations under
paragraph (1) are authorized to remain available
until expended.
SEC. 1005. MULTILATERAL ASSISTANCE.
The Secretary of the Treasury should instruct the
United States executive director at the International
Board for Reconstruction and Development and the Asian
Development Bank to use the voice, vote, and influence
of the United States to support economic and democratic
development in East Timor.
SEC. 1006. PEACE CORPS ASSISTANCE.
The Director of the Peace Corps is authorized to—
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(1) provide English language and other tech-
nical training for individuals in East Timor as well
as other activities which promote education, eco-
nomic development, and economic self-sufficiency;
and
(2) quickly address immediate assistance needs
in East Timor using the Peace Corps Crisis Corps,
to the extent practicable.
SEC. 1007. TRADE AND INVESTMENT ASSISTANCE.
(a) OPIC.—The President should initiate negotia-
tions with the Government of East Timor (after independ-
ence for East Timor)—
(1) to apply to East Timor the existing agree-
ment between the Overseas Private Investment Cor-
poration and Indonesia; or
(2) 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
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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 2002.
(B) 
AVAILABILITY.—Amounts 
appro-
priated pursuant to the authorization of appro-
priations under subparagraph (A) are author-
ized 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 reason-
able assurance of repayment.
SEC. 1008. GENERALIZED SYSTEM OF PREFERENCES.
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the President should encourage the Government
of East Timor (after independence for East Timor) to
seek to become eligible for duty-free treatment under title
V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.; relat-
ing to generalized system of preferences).
(b) TECHNICAL ASSISTANCE.—The United States
Trade Representative and the Commissioner of the United
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States Customs Service are authorized to provide technical
assistance to the Government of East Timor (after inde-
pendence for East Timor) in order to assist East Timor
to become eligible for duty-free treatment under title V
of the Trade Act of 1974.
SEC. 1009. BILATERAL INVESTMENT TREATY.
It is the sense of Congress that the President should
seek to enter into a bilateral investment treaty with the
Government of East Timor (after independence for East
Timor) in order to establish a more stable legal framework
for United States investment in East Timor.
SEC. 1010. PLAN FOR ESTABLISHMENT OF DIPLOMATIC FA-
CILITIES IN EAST TIMOR.
(a) DEVELOPMENT OF DETAILED PLAN.—The Sec-
retary of State shall develop a detailed plan for the official
establishment of a United States diplomatic mission to
East Timor, with a view to—
(1) recognize East Timor, and establish diplo-
matic relations with East Timor, upon its independ-
ence;
(2) ensure that a fully functioning, fully staffed,
adequately resourced, and securely maintained
United States diplomatic mission is accredited to
East Timor upon its independence; and
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(3) in the period prior to East Timor’s inde-
pendence, ensure that the United States maintains
an adequate diplomatic presence in East Timor, with
resources sufficient to promote United States polit-
ical, security, and economic interests with East
Timor.
(b) REPORT.—
(1) IN
GENERAL.—Not later than 3 months
after the date of the enactment of this Act, the Sec-
retary of State shall submit to the Committee on
International Relations of the House of Representa-
tives and the Committee on Foreign Relations of the
Senate a report that contains the detailed plan de-
scribed in subsection (a), including a timetable for
the official opening of a facility in Dili, East Timor,
the personnel requirements for the mission, the esti-
mated costs for establishing the facility, and its se-
curity requirements.
(2) FORM OF REPORT.—The report submitted
under this subsection shall be in unclassified form,
with a classified annex as necessary.
(c) CONSULTATION.—Beginning 6 months after the
submission of the report under subsection (b), and every
6 months thereafter until January 1, 2004, the Secretary
of State shall consult with the chairmen and ranking mem-
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bers of the committees specified in that paragraph on the
status of the implementation of the detailed plan described
in subsection (a), including any revisions to the plan (in-
cluding its timetable, costs, or requirements).
SEC. 1011. 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 secu-
rity needs can be met by the transfer of excess
defense articles under section 516 of the For-
eign Assistance Act of 1961;
(B) the extent to which international mili-
tary 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 appro-
priate, should be provided.
(2) REPORT.—Not later than 3 months after
the date of the enactment of this Act, the President
shall transmit to the Committee on Foreign Rela-
tions and the Committee on Appropriations of the
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Senate and the Committee on International Rela-
tions and the Committee on Appropriations of the
House of Representatives 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), or the date on which Congress
receives the certification transmitted under para-
graph (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 inde-
pendent armed forces; and
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(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. 1012. AUTHORITY FOR RADIO BROADCASTING.
The Broadcasting Board of Governors is authorized
to further the communication of information and ideas
through the increased use of audio broadcasting to East
Timor to ensure that radio broadcasting to that country
serves as a consistently reliable and authoritative source
of accurate, objective, and comprehensive news.
SEC. 1013. CONSULTATION REQUIREMENT.
(a) IN GENERAL.—Not later than 6 months after the
date of the enactment of this Act, and every 6 months
thereafter until January 1, 2004, the Secretary of State,
in coordination with the Administrator of the United
States Agency for International Development, the Sec-
retary of the Treasury, the United States Trade Rep-
resentative, the Secretary of Commerce, the Overseas Pri-
vate Investment Corporation, the Director of the Trade
and Development Agency, the President of the Export-Im-
port Bank of the United States, the Secretary of Agri-
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culture, and the Director of the Peace Corps, shall consult
with the Chairman and ranking member of the Committee
on International Relations of the House of Representa-
tives and the Committee on Foreign Relations of the Sen-
ate concerning the information described in subsection (b).
(b) INFORMATION.—The information described in
this subsection includes—
(1) developments in East Timor’s political and
economic situation in the period covered by the re-
port, including an evaluation of any elections occur-
ring in East Timor and the refugee reintegration
process in East Timor;
(2)(A) in the initial consultation, a 2-year plan
for United States foreign assistance to East Timor
in accordance with section 904, prepared by the Ad-
ministrator of the United States Agency for Inter-
national Development, which outlines the goals for
United States foreign assistance to East Timor dur-
ing the 2-year period; and
(B) in each subsequent consultation, a descrip-
tion in detail of the expenditure of United States bi-
lateral foreign assistance during the period covered
by each such consultation;
(3) a description of the activities undertaken in
East Timor by the International Bank for Recon-
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struction and Development, the Asian Development
Bank, and other international financial institutions,
and an evaluation of the effectiveness of these activi-
ties;
(4) an assessment of—
(A) 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 Pri-
vate Investment Corporation, the Export-Im-
port Bank of the United States, and the Trade
and Development Agency during the period of
time since the previous consultation; and
(B) the status of any negotiations with the
United Nations Transitional Administration for
East Timor (UNTAET) or East Timor to fa-
cilitate the operation of the United States trade
agencies in East Timor;
(5) the nature and extent of United States-East
Timor cultural, education, scientific, and academic
exchanges, both official and unofficial, and any
Peace Corps activities;
(6) a description of local agriculture in East
Timor, emerging opportunities for producing, proc-
essing, and exporting indigenous agricultural prod-