Foreign Relations Authorization Act, Fiscal Year 2003
PL 107-228 (H.R.1646), enacted 09/30/2002

116 STAT. 1350 
PUBLIC LAW 107-228—SEPT. 30, 2002 
Public Law 107-228 
107th Congress 
An Act 
To authorize appropriations for the Department of State for fiscal year 2003, to 
Sept. 30, 2002 
authorize appropriations under the Arms Export Control Act and the Foreign 
[HR 1646] 
Assistance Act of 1961 for security assistance for fiscal year 2003, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Foreign Relations the United States of America in Congress assembled, 
Authorization 
^^^™w^»,. „„^^r., ^-^^^ -^ 
Act, Fiscal Year 
SECTION 1. SHORT TITLE. 
o^ri'ar o«i^i 
This Act may be cited as the "Foreign Relations Authorization 
note. 
Act, Fiscal Year 2003". 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 
(a) DIVISIONS.—This Act is organized into two divisions as 
follows: 
(1) DIVISION A.—Department of State Authorization Act, 
Fiscal Year 2003. 
(2) DIVISION B.—Security Assistance Act of 2002. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Definitions. 
DIVISION A — D E P A R T M E N T OF STATE AUTHORIZATION ACT, FISCAL YEAR 
2003 
Sec. 101. Short title. 
TITLE I—AUTHORIZATIONS OF APPROPRIATIONS 
Subtitle A—Department of State 
Sec. 111. Administration of foreign affairs. 
Sec. 112. United States educational, cultural, and public diplomacy programs. 
Sec. 113. Contributions to international organizations. 
Sec. 114. International Commissions. 
Sec. 115. Migration and refugee assistance. 
Sec. 116. Grants to The Asia Foundation. 
Subtitle B—United States International Broadcasting Activities 
Sec. 121. Authorizations of appropriations. 
TITLE II—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES 
Subtitle A—Basic Authorities and Activities 
Sec. 201. Emergency evacuation services. 
Sec. 202. Special agent authorities. 
Sec. 203. International Litigation Fund. 
Sec. 204. State Department records of overseas deaths of United States citizens 
from nonnatural causes. 
Sec. 205. Foreign Relations Historical Series. 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1351 
Sec. 206. Expansion of eligibility for award of certain construction contracts. 
Sec. 207. International Chancery Center. 
Sec. 208. Travel to Great Lakes fisheries meetings. 
Sec. 209. Correction of Fishermen's Protective Act of 1967. 
Sec. 210. Use of funds received by the International Boundary and Water Commis-
sion. 
Sec. 211. Fee collections relating to intercountry adoptions and affidavits of sup-
port. 
Sec. 212. Annual reports on compliance with The Hague Convention on the Civil 
Aspects of International Child Abduction. 
Sec. 213. Repeal of provision regarding housing for Foreign Agricultural Attaches. 
Sec. 214. United States policy with respect to Jerusalem as the capital of Israel. 
Sec. 215. Report concerning efforts to promote Israel's diplomatic relations with 
other countries. 
Sec. 216. Continuation of reporting requirements. 
Subtitle B—Educational, Cultural, and Public Diplomacy Authorities 
Sec. 221. Fulbright-Hays Act authorities. 
Sec. 222. Extension of requirement for scholarships for Tibetans and Burmese. 
Sec. 223. Plan for achievement of public diplomacy objectives. 
Sec. 224. Advisory Committee on Cultural Diplomacy. 
Sec. 225. Allocation of funds for "American Corners" in the Russian Federation. 
Sec. 226. Report relating to Commission on Security and Cooperation in Europe. 
Sec. 227. Amendments to the Vietnam Education Foundation Act of 2000. 
Sec. 228. Ethical issues in international health research. 
Sec. 229. Conforming amendments. 
Subtitle C—Consular Authorities 
Sec. 231. Report on visa issuance to inadmissible aliens. 
Sec. 232. Denial of entry into United States of Chinese and other nationals engaged 
in coerced organ or bodily tissue transplantation. 
Sec. 233. Processing of visa applications. 
Sec. 234. Machine readable visas. 
Subtitle D—Migration and Refugees 
Sec. 241. Prohibition on funding the involuntary return of refugees. 
Sec. 242. United States membership in the International Organization for Migra-
tion. 
Sec. 243. Report on overseas refugee processing. 
TITLE III—ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF 
STATE 
Subtitle A—Organizational Matters 
Sec. 301. Comprehensive workforce plan. 
Sec. 302. "Rightsizing" overseas posts. 
Sec. 303. Qualifications of certain officers of the Department of State. 
Subtitle B—Personnel Matters 
Sec. 311. Thomas Jefferson Star for Foreign Service. 
Sec. 312. Presidential rank awards. 
Sec. 313. Foreign Service National Savings Fund. 
Sec. 314. Clarification of separation for cause. 
Sec. 315. Dependents on family visitation travel. 
Sec. 316. Health education and disease prevention programs. 
Sec. 317. Correction of time limitation for grievance filing. 
Sec. 318. Training authorities. 
Sec. 319. Unaccompanied air baggage. 
Sec. 320. Emergency medical advance payments. 
Sec. 321. Retirement credit for certain Government service performed abroad. 
Sec. 322. Computation of Foreign Service retirement annuities as if Washington, 
D.C., locality-based comparability payments were made to overseas-sta-
tioned Foreign Service members. 
Sec. 323. Plan for improving recruitment of veterans into the Foreign Service. 
Sec. 324. Report concerning minority employment. 
Sec. 325. Use of funds authorized for minority recruitment. 
Sec. 326. Assignments and details of personnel to the American Institute in Tai-
wan. 
Sec. 327. Annual reports on foreign language competence. 
Sec. 328. Travel of children of members of the Foreign Service assigned abroad. 
116 STAT. 1352 
PUBLIC LAW 107-228—SEPT. 30, 2002 
TITLE IV—INTERNATIONAL ORGANIZATIONS 
Sec. 401. Payment of third installment of arrearages. 
Sec. 402. Limitation on the United States share of assessments for United Nations 
peacekeeping operations in calendar years 2001 through 2004. 
Sec. 403. Limitation on the United States share of assessments for United Nations 
regular budget. 
Sec. 404. Promotion of sound financial practices by the United Nations. 
Sec. 405. Reports to Congress on United Nations activities. 
Sec. 406. Use of secret ballots within the United Nations. 
Sec. 407. Sense of Congress relating to membership of the United States in 
UNESCO. 
Sec. 408. United States membership on the United Nations Commission on Human 
Rights and International Narcotics Control Board. 
Sec. 409. Plan for enhanced Department of State efforts to place United States citi-
zens in positions of emplojrment in the United Nations and its special-
ized agencies. 
TITLE V—UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES 
Sec. 501. Modification of limitation on grant amounts to RFE/RL, Incorporated. 
Sec. 502. Pay parity for senior executives of RFE/RL, Incorporated. 
Sec. 503. Authority to contract for local broadcasting services outside the United 
States. 
Sec. 504. Personal services contracting pilot program. 
Sec. 505. Travel by Voice of America correspondents. 
Sec. 506. Report on broadcasting personnel. 
Sec. 507. Conforming amendments. 
TITLE VI—MISCELLANEOUS PROVISIONS 
Subtitle A—Middle East Peace Commitments Act of 2002 
Sec. 601. Short title. 
Sec. 602. Findings. 
Sec. 603. Reports. 
Sec. 604. Imposition of sanctions. 
Subtitle B—Tibet PoHcy 
Sec. 611. Short title. 
Sec. 612. Statement of purpose. 
Sec. 613. Tibet negotiations. 
Sec. 614. Reporting on Tibet. 
Sec. 615. Congressional-Executive Commission on the People's Republic of China. 
Sec. 616. Economic development in Tibet. 
Sec. 617. Release of prisoners and access to prisons. 
Sec. 618. Establishment of a United States branch office in Lhasa, Tibet. 
Sec. 619. Requirement for Tibetan language training. 
Sec. 620. Religious persecution in Tibet. 
Sec. 621. United States Special Coordinator for Tibetan Issues. 
Subtitle C—East Timor Transition to Independence Act of 2002 
Sec. 631. Short title. 
Sec. 632. Bilateral assistance. 
Sec. 633. Multilateral assistance. 
Sec. 634. Trade and investment assistance. 
Sec. 635. Generalized System of Preferences. 
Sec. 636. Authority for radio broadcasting. 
Sec. 637. Security assistance for East Timor. 
Sec. 638. Reporting requirement. 
Subtitle D—Clean Water for the Americas Partnership 
Sec. 641. Short title. 
Sec. 642. Definitions. 
Sec. 643. Establishment of program. 
Sec. 644. Environmental assessment. 
Sec. 645. Establishment of Technology America Centers. 
Sec. 646. Promotion of water quality, water treatment systems, and energy effi-
ciency. 
Sec. 647. Grants for prefeasibility studies within a designated subregion. 
Sec. 648. Clean Water Technical Support Committee. 
Sec. 649. Authorization of appropriations. 
Sec. 650. Report. 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1353 
Sec. 651. Termination date. 
Sec. 652. Effective date. 
Subtitle E—^Freedom Investment Act of 2002 
Sec. 661. Short title. 
Sec. 662. Purposes. 
Sec. 663. Human rights activities at the Department of State. 
Sec. 664. Human Rights and Democracy Fund. 
Sec. 665. Reports on actions taken by the United States to encourage respect for 
human rights. 
Subtitle F—Elimination and Streamlining of Reporting Requirements 
Sec. 671. Elimination of certain reporting requirements. 
Sec. 672. Biennial reports on programs to encourage good governance. 
Subtitle G—Other Matters 
Sec. 681. Amendments to the International Religious Freedom Act of 1998. 
Sec. 682. Amendments to the Victims of Trafficking and Violence Protection Act of 
2000. 
Sec. 683. Annual human rights country reports on child soldiers. 
Sec. 684. Extension of authority for Caucus on International Narcotics Control. 
Sec. 685. Participation of South Asian countries in international law enforcement. 
Sec. 686. Payment of anti-terrorism judgments. 
Sec. 687. Reports on participation by small businesses in procurement contracts of 
USAID. 
Sec. 688. Program to improve building construction and practices in Latin Amer-
ican countries. 
Sec. 689. Sense of Congress relating to HIV/AIDS and United Nations peace-
keeping operations. 
Sec. 690. Sense of Congress relating to Magen David Adom Society. 
Sec. 691. Sense of Congress regarding the location of Peace Corps offices abroad. 
Sec. 692. Sense of Congress relating to resolution of the Taiwan Strait issue. 
Sec. 693. Sense of Congress relating to display of the American flag at the Amer-
ican Institute in Taiwan. 
Sec. 694. Reports on activities in Colombia. 
Sec. 695. Report on United States-sponsored activities in Colombia. 
Sec. 696. Report on extradition policy and practice. 
Sec. 697. Special Court for Sierra Leone. 
Sec. 698. United States Envoy for Peace in Sudan. 
Sec. 699. Transfer of proscribed weapons to persons or entities in the West Bank 
and Gaza. 
Sec. 700. Sense of Congress relating to arsenic contamination in drinking water in 
Bangladesh. 
Sec. 701. Policing reform and human rights in Northern Ireland. 
Sec. 702. Annual reports on United States-Vietnam himian rights dialogue meet-
ings. 
Sec. 703. Sense of Congress regarding human rights violations in Indonesia. 
Sec. 704. Report concerning the German Foundation "Remembrance, Responsi-
bility, and the Future". 
Sec. 705. Sense of Congress on return of portraits of holocaust victims to the artist 
Dina Babbitt. 
Sec. 706. International drug control certification procedures. 
DIVISION B—SECURITY ASSISTANCE ACT OF 2002 
TITLE X—GENERAL PROVISIONS 
Sec. 1001. Short title. 
Sec. 1002. Definitions. 
TITLE XI—VERIFICATION OF ARMS CONTROL AND NONPROLIFERATION 
AGREEMENTS 
Sec. 1101. Verification and Compliance Bureau personnel. 
Sec. 1102. Key Verification Assets Fund. 
Sec. 1103. Revised verification and compliance reporting requirements. 
TITLE XII—MILITARY AND RELATED ASSISTANCE 
Subtitle A—^Foreign Military Sales and Financing Authorities 
Sec. 1201. Authorization of appropriations. 
Sec. 1202. Relationship of Foreign Military Sales to United States nonproliferation 
interests. 
116 STAT. 1354 
PUBLIC LAW 107-228—SEPT. 30, 2002 
Sec. 1203. Official reception and representation expenses. 
Sec. 1204. Arms Export Control Act prohibition on transactions with countries that 
have repeatedly provided support for acts of international terrorism. 
Sec. 1205. Congressional notification of small arms and light weapons license ap-
provals; reports. 
Sec. 1206. Treatment of Taiwan relating to transfers of defense articles and defense 
services. 
Subtitle B—International Military Education and Training 
Sec. 1211. Authorization of appropriations. 
Sec. 1212. Human rights violations. 
Sec. 1213. Participation in post-undergraduate flying training and tactical leader-
ship programs. 
Subtitle C—Assistance for Select Countries 
Sec. 1221. Assistance for Israel and Egypt. 
Sec. 1222. Security assistance for Greece and Turkey. 
Sec. 1223. Security assistance for certain other countries. 
Sec. 1224. Assistance for Lebanon. 
Subtitle D—Excess Defense Article and Drawdown Authorities 
Sec. 1231. Excess defense articles for certain countries. 
Sec. 1232. Annual listing of possible excess defense articles. 
Sec. 1233. Leases of defense articles for foreign countries and international organi-
zations. 
Sec. 1234. Priority with respect to transfer of excess defense articles. 
Subtitle E—Other Political-Military Assistance 
Sec. 1241. Destruction of surplus weapons stockpiles. 
Subtitle F—Antiterrorism Assistance 
Sec. 1251. Authorization of appropriations. 
Subtitle G—Other Matters 
Sec. 1261. Additions to United States War Reserve Stockpiles for Allies. 
Sec. 1262. Revised military assistance reporting requirements. 
Sec. 1263. Consultation with Congress with regard to Taiwan. 
TITLE XIII—NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE 
Subtitle A—General Provisions 
Sec. 1301. Authorization of appropriations. 
Sec. 1302. Nonproliferation technology acquisition programs for friendly foreign 
countries. 
Sec. 1303. International nonproliferation and export control training. 
Sec. 1304. Relocation of scientists. 
Sec. 1305. International Atomic Energy Agency regular budget assessments and 
voluntary contributions. 
Sec. 1306. Amendments to the Iran Nonproliferation Act of 2000. 
Sec. 1307. Amendments to the North Korea Threat Reduction Act of 1999. 
Sec. 1308. Annual reports on the proliferation of missiles and essential components 
of nuclear, biological, chemical, and radiological weapons. 
Sec. 1309. Three-year international arms control and nonproliferation strategy. 
Subtitle B—Russian Federation Debt Reduction for Nonproliferation 
Sec. 1311. Short title. 
Sec. 1312. Findings and purposes. 
Sec. 1313. Definitions. 
Sec. 1314. Authority to reduce the Russian Federation's Soviet-era debt obligations 
to the United States. 
Sec. 1315. Russian Federation Nonproliferation Investment Agreement. 
Sec. 1316. Independent media and the rule of law. 
Sec. 1317. Restriction on debt reduction authority. 
Sec. 1318. Discussion of Russian Federation debt reduction for nonproliferation 
with other creditor states. 
Sec. 1319. Implementation of United States policy. 
Sec. 1320. Consultations with Congress. 
Sec. 1321. Annual reports to Congress. 
Subtitle C—Nonproliferation Assistance Coordination 
Sec. 1331. Short title. 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1355 
Sec. 1332. Findings. 
Sec. 1333. Definitions. 
Sec. 1334. Establishment of Committee on Nonproliferation Assistance. 
Sec. 1335. Purposes and authority. 
Sec. 1336. Administrative support. 
Sec. 1337. ConfidentiaUty of information. 
Sec. 1338. Statutory construction. 
Sec. 1339. Reporting and consultation. 
Subtitle D—Iran Nuclear Proliferation Prevention Act of 2002 
< 
Sec. 1341. Short title. 
Sec. 1342. Withholding of voluntary contributions to the International Atomic En-
ergy Agency for programs and projects in Iran. 
Sec. 1343. Annual review by Secretary of State of programs and projects of the 
International Atomic Energy Agency; United States opposition to certain 
programs and projects of the Agency. 
Sec. 1344. Reporting requirements. 
Sec. 1345. Sense of Congress. 
TITLE XIV—EXPEDITING THE MUNITIONS LICENSING PROCESS 
Sec. 1401. License officer staffing. 
Sec. 1402. Funding for database automation. 
Sec. 1403. Information management priorities. 
Sec. 1404. Improvements to the Automated Export System. 
Sec. 1405. Adjustment of threshold amounts for congressional review purposes. 
Sec. 1406. Congressional notification of removal of items from the Munitions List. 
TITLE XV—NATIONAL SECURITY ASSISTANCE STRATEGY 
Sec. 1501. Briefing on the strategy. 
Sec. 1502. Security assistance surveys. 
TITLE XVI—MISCELLANEOUS PROVISIONS 
Sec. 1601. Nuclear and missile nonproliferation in South Asia. 
Sec. 1602. Real-time public availability of raw seismological data. 
Sec. 1603. Detailing United States governmental personnel to international arms 
control and nonproliferation organizations. 
Sec. 1604. Diplomatic presence overseas. 
Sec. 1605. Compliance with the Chemical Weapons Convention. 
TITLE XVII—AUTHORITY TO TRANSFER NAVAL VESSELS 
Sec. 1701. Authority to transfer naval vessels to certain foreign countries. 
SEC. 3. DEFINITIONS. 
22 USC 2651 
In this Act: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The t e r m 
"appropriate congressional committees" means the Committee 
on Foreign Relations of the Senate and the Committee on 
International Relations of the House of Representatives. 
(2) DEPARTMENT.—The term "Department" means the 
Department of State. 
(3) SECRETARY.—Except as otherwise provided, the term 
"Secretary" means the Secretary of State. 
D I V I S I O N 
A — D E P A R T M E N T 
O F 
S T A T E 
Department of 
AUTHORIZATION ACT, FISCAL YEAR iutorization 
c%rk.£\r* 
Act, Fiscal Year 
200o 
2003. 
SEC.lOl. SHORT TITLE. 
22 USC 2651 
This division may be cited as the "Department of State 
Authorization Act, Fiscal Year 2003". 
116 STAT. 1356 
PUBLIC LAW 107-228—SEPT. 30, 2002 
TITLE I—AUTHORIZATIONS OF 
APPROPRIATIONS 
Subtitle A—Department of State 
SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS. 
(a) IN GENERAL.—The following amounts are authorized to 
be appropriated for the Department under "Administration of For-
eign Affairs" to carry out the authorities, functions, duties, and 
responsibilities in the conduct of the foreign affairs of the United 
States, and for other purposes authorized by law, including public 
diplomacy activities and the diplomatic security program: 
(1) DIPLOMATIC AND CONSULAR PROGRAMS.— 
(A) AUTHORIZATION OF APPROPRIATIONS.—^For "Diplo-
matic and Consular Programs", $4,030,023,000 for the 
fiscal year 2003. 
(B) WORLDWIDE SECURITY UPGRADES.—Of the amount 
authorized to be appropriated by subparagraph (A), 
$564,000,000 for the fiscal year 2003 is authorized to be 
appropriated for worldwide security upgrades. 
(C) BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND 
LABOR.—Of the amount authorized to be appropriated by 
subparagraph (A), $20,000,000 for the fiscal year 2003 is 
authorized to be appropriated for salaries and expenses 
of the Bureau of Democracy, Human Rights, and Labor. 
(D) 
RECRUITMENT OF MINORITY GROUPS.—Of 
the 
amount authorized to be appropriated by subparagraph 
(A), $2,000,000 for the fiscal year 2003 is authorized to 
be appropriated for the recruitment of members of minority 
groups for careers in the Foreign Service and international 
affairs. 
(2) CAPITAL INVESTMENT FUND.—For "Capital Investment 
Fund", $200,000,000 for the fiscal year 2003. 
(3) 
EMBASSY 
SECURITY, 
CONSTRUCTION AND MAINTE-
NANCE.— 
(A) IN GENERAL.—For "Embassy Security, Construction 
and Maintenance", $555,000,000 for the fiscal year 2003, 
in addition to amounts otherwise authorized to be appro-
priated for such purpose by section 604 of the Admiral 
James W. Nance and Meg Donovan Foreign Relations 
Authorization Act, Fiscal Years 2000 and 2001 (as enacted 
into law by section 1000(a)(7) of Public Law 106-113 and 
contained in appendix G of that Act; 113 Stat. 150 lA-
470). 
' ; 
(B) AMENDMENT OF THE NANCE-DONOVAN FOREIGN 
RELATIONS AUTHORIZATION ACT.—Section 604(a)(4) of that 
22 use 4865 
Act (113 Stat. 
1501A-453) is amended by striking 
note. 
"$900,000,000" and inserting "$1,000,000,000". 
(4) REPRESENTATION ALLOWANCES.—For "Representation 
Allowances", $9,000,000 for the fiscal year 2003. 
(5) PROTECTION OF FOREIGN MISSIONS AND OFFICIALS.—^For 
"Protection of Foreign Missions and Officials", $11,000,000 for 
the fiscal year 2003. 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1357 
(6) 
EMERGENCIES IN THE 
DIPLOMATIC AND CONSULAR 
SERVICE.—For "Emergencies in the Diplomatic and Consular 
Service", $15,000,000 for the fiscal year 2003. 
(7) 
REPATRIATION 
LOANS.—For 
"Repatriation 
Loans", 
$1,250,000 for the fiscal year 2003. 
(8) PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN.— 
For 
"Payment 
to 
the 
American 
Institute 
in 
Taiwan", 
$18,817,000 for the fiscal year 2003. 
(9) OFFICE OF THE INSPECTOR GENERAL.—For "Office of 
the Inspector General", $30,800,000 for the fiscal year 2003. 
(b) AVAILABILITY OF FUNDS FOR PROTECTION OF FOREIGN MIS-
SIONS AND OFFICIALS.—The amount appropriated pursuant to sub-
section (a)(5) is authorized to remain available through September 
30, 2004. 
SEC. 112. UNITED STATES EDUCATIONAL, CULTURAL, AND PUBLIC 
DIPLOMACY PROGRAMS. 
The following amounts are authorized to be appropriated for 
the Department to carry out public diplomacy programs of the 
Department under the United States Information and Educational 
Exchange Act of 1948, the Mutual Educational and Cultural 
Exchange Act of 1961, Reorganization Plan Number 2 of 1977, 
the Foreign Affairs Reform and Restructuring Act of 1998, the 
Center for Cultural and Technical Interchange Between East and 
West Act of 1960, the Dante B. Fascell North-South Center Act 
of 1991, and the National Endowment for Democracy Act, and 
to carry out other authorities in law consistent with such purposes: 
(1) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.— 
(A) FULBRIGHT ACADEMIC EXCHANGE PROGRAMS.— 
(i) IN GENERAL.—For the "Fulbright Academic 
Exchange Programs" (other than programs described 
in subparagraph (B)), $135,000,000 for the fiscal year 
2003. 
(ii) VIETNAM FULBRIGHT ACADEMIC EXCHANGE PRO-
GRAM.—Of the amount authorized to be appropriated 
by clause (i), $5,000,000 for the fiscal year 2003 is 
authorized to be available to carry out the Vietnam 
scholarship program established by section 229 of the 
Foreign Relations Authorization Act, Fiscal Years 1992 
and 1993 (PubHc Law 102-138). 
(iii) 
NEW 
CENTURY 
SCHOLARS 
INITIATIVE—HIV/ 
AIDS.—Of the amount authorized to be appropriated 
under clause (i), $1,000,000 for the fiscal year 2003 
is authorized to be available for HIV/AIDS research 
and mitigation strategies under the Health Issues in 
a Border-Less World academic program of the New 
Century Scholars Initiative. 
(B) OTHER EDUCATIONAL AND CULTURAL EXCHANGE PRO-
GRAMS.— 
(i) IN GENERAL.—For other educational and cul-
tural 
exchange 
programs 
authorized 
by 
law, 
$125,000,000 for the fiscal year 2003. 
(ii) TIBETAN EXCHANGES.—Of the amount author-
ized to be appropriated by clause (i), $500,000 for the 
fiscal year 2003 is authorized to be available for 
"Ngawang Choephel Exchange Programs" (formerly 
known as "programs of educational and cultural 
116 STAT. 1358 
PUBLIC LAW 107-228—SEPT. 30, 2002 
exchange between the United States and the people 
of Tibet") under section 103(a) of the Human Rights, 
Refugee, and Other Foreign Relations Provisions Act 
of 1996 (Public Law 104-319). 
(iii) 
EAST 
TIMORESE 
SCHOLARSHIPS.—Of 
the 
amount authorized to be appropriated by clause (i), 
$500,000 for the fiscal year 2003 is authorized to be 
available for "East Timorese Scholarships". 
(iv) 
MONTENEGRO 
PARLIAMENTARY 
DEVELOP-
MENT.—Of the amount authorized to be appropriated 
by clause (i), $500,000 for the fiscal year 2003 is 
authorized to be available for a program of parliamen-
tary development and exchanges in Montenegro. 
(v) SOUTH PACIFIC EXCHANGES.—Of the amount 
authorized 
to be appropriated 
under 
clause (i), 
$750,000 for the fiscal year 2003 is authorized to be 
available for "South Pacific Exchanges". 
(vi) ISRAEL-ARAB PEACE PARTNERS PROGRAM.—Of 
the amount authorized to be appropriated under clause 
(i), $750,000 for the fiscal year 2003 is authorized 
to be available for people-to-people activities (with a 
focus on young people) to support the Middle East 
peace process involving participants from Israel, the 
Palestinian Authority, Arab countries, and the United 
States, to be known as the "Israel-Arab Peace Partners 
Program". 
(vii) SUDANESE SCHOLARSHIPS.—Of the amount 
authorized to be appropriated 
under clause (i), 
$500,000 for the fiscal year 2003 is authorized to be 
available for scholarships for students from southern 
Sudan for secondary or postsecondary education in the 
United States, to be known as "Sudanese Scholar-
ships". 
(2) NATIONAL ENDOWMENT FOR DEMOCRACY.— 
(A) IN GENERAL.—For the "National Endowment for 
Democracy", $42,000,000 for the fiscal year 2003. 
(B) 
REAGAN-FASCELL DEMOCRACY FELLOWS.—Of 
the 
amount authorized to be appropriated under subparagraph 
(A), $1,000,000 for the fiscal year 2003 is authorized to 
be available for a fellowship program known as the 
"Reagan-Fascell Democracy Fellows", for democracy activ-
ists and scholars from around the world at the Inter-
national Forum for Democratic Studies in Washington, 
D.C., to study, write, and exchange views with other activ-
ists and scholars and with Americans. 
(3) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE 
BETWEEN EAST AND WEST.—For the "Center for Cultural and 
Technical Interchange between East and West", $15,000,000 
for the fiscal year 2003. 
(4) 
DANTE B. FASCELL NORTH-SOUTH CENTER.—For 
the 
"Dante B. Fascell North-South Center", $2,500,000 for the fiscal 
year 2003. 
SEC. 113. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS. 
(a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL ORGANIZA-
TIONS.— 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1359 
(1) AUTHORIZATION OF APPROPRIATIONS.—^There is author-
ized to be appropriated under the heading "Contributions to 
International Organizations" $891,378,000 for the fiscal year 
2003 for the Department to carry out the authorities, functions, 
duties, and responsibilities in the conduct of the foreign affairs 
of the United States with respect to international organizations 
and to carry out other authorities in law consistent with such 
purposes. 
(2) AVAILABILITY OF FUNDS FOR CIVIL BUDGET OF NATO.— 
Of the amount authorized to be appropriated under the heading 
"Contributions to International Organizations" for fiscal year 
2003, and for each fiscal year thereafter, such sums as may 
be necessary are authorized for the United States assessment 
for the civil budget of the North Atlantic Treaty Organization. 
(b) CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVI-
TIES.—^There is authorized to be appropriated under the heading 
"Contributions 
for 
International 
Peacekeeping 
Activities" 
$725,981,000 for the fiscal year 2003 for the Department to carry 
out the authorities, functions, duties, and responsibilities in the 
conduct of the foreign affairs of the United States with respect 
to international peacekeeping activities and to carry out other 
authorities in law consistent with such purposes. 
(c) PROHIBITION ON FUNDING OTHER FRAMEWORK TREATY-
BASED ORGANIZATIONS.—None of the funds made available for the 
2002-2003 biennium budget under subsection (a) for United States 
contributions to the regular budget of the United Nations may 
be available for the United States proportionate share of any frame-
work treaty-based organization, including the Framework Conven-
tion on Global Climate Change, the International Seabed Authority, 
and the International Criminal Court. 
(d) FOREIGN CURRENCY EXCHANGE RATES.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to the 
amount authorized to be appropriated by subsection (a), there 
is authorized to be appropriated such sums as may be necessary 
for the fiscal year 2003 to offset adverse fluctuations in foreign 
currency exchange rates. 
(2) AVAILABILITY OF FUNDS.—^Amounts appropriated under 
this subsection may be available for obligation and expenditure 
only to the extent that the Director of the Office of Management 
and Budget determines and certifies to the appropriate congres-
sional committees that such amounts are necessary due to 
such fluctuations. 
(e) REFUND OF EXCESS CONTRIBUTIONS.—The United States 
22USC287e 
shall continue to insist that the United Nations and its specialized note. 
and affiliated agencies shall credit or refund to each member of 
the organization or agency concerned its proportionate share of 
the amount by which the total contributions to the organization 
or agency exceed the expenditures of the regular assessed budget 
of the organization or agency. 
SEC. 114. INTERNATIONAL COMMISSIONS. 
The following amounts are authorized to be appropriated under 
"International Commissions" for the Department to carry out the 
authorities, functions, duties, and responsibilitieil in the conduct 
of the foreign affairs of the United States, with respect to inter-
national commissions, and for other purposes authorized by law: 
99-194 O - 03 -19 : QL 3 Part 2 
^ 
116 STAT. 1360 
PUBLIC LAW 107-228—SEPT. 30, 2002 
(1) INTERNATIONAL BOUNDARY AND WATER COMMISSION, 
UNITED STATES AND MEXICO.—For "International Boundary and 
Water Commission, United States and Mexico"— 
(A) for "Salaries and Expenses", $28,387,000 for the 
fiscal year 2003; and 
(B) for "Construction", $9,517,000 for the fiscal year 
2003. 
(2) INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES 
AND CANADA.—For "International 
Boundary 
Commission, 
United States and Canada", $1,157,000 for the fiscal year 2003. 
(3) INTERNATIONAL JOINT COMMISSION.—For "International 
Joint Commission", $7,544,000 for the fiscal year 2003. 
(4) INTERNATIONAL FISHERIES COMMISSIONS.—For "Inter-
national Fisheries Commissions", $19,780,000 for the fiscal year 
2003. 
SEC. 115. MIGRATION AND REFUGEE ASSISTANCE. 
(a) IN GENERAL.—There is authorized to be appropriated for 
the Department for "Migration and Refugee Assistance" for author-
ized activities, $820,000,000 for the fiscal year 2003. 
(b) REFUGEES RESETTLING IN ISRAEL.^Of the amount author-
ized to be appropriated by subsection (a), $60,000,000 is authorized 
to be available for the fiscal year 2003 for the resettlement of 
refugees in Israel. 
(c) TIBETAN REFUGEES IN INDIA AND NEPAL.—Of the amount 
authorized to be appropriated by subsection (a), $2,000,000 for 
the fiscal year 2003 is authorized to be available for humanitarian 
assistance, including food, medicine, clothing, and medical and voca-
tional training, to Tibetan refugees in India and Nepal who have 
fled Chinese-occupied Tibet. 
(d) HUMANITARIAN ASSISTANCE FOR DISPLACED BURMESE.—Of 
the amount authorized to be appropriated by subsection (a), 
$2,000,000 for the fiscal year 2003 is authorized to be available 
for humanitarian assistance (including food, medicine, clothing, and 
medical and vocational training) to persons displaced as a result 
of civil conflict in Burma, including persons still within Burma. 
(e) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 
this section are authorized to remain available until expended. 
SEC. 116. GRANTS TO THE A
S
L
f
V FOUNDATION. 
Section 404 of The Asia Foundation Act (title IV of Public 
Law 98-164; 22 U.S.C. 4403) is amended to read as follows: 
"SEC. 404. There is authorized to be appropriated to the Sec-
retary of State $15,000,000 for the fiscal year 2003 for grants 
to The Asia Foundation pursuant to this title.". 
Subtitle B—United States International 
Broadcasting Activities 
SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS. 
(a) IN GENERAL.—The following amounts are authorized to 
be appropriated to carry out United States Government broad-
casting activities under the United States Information and Edu-
cational Exchange Act of 1948, the United States International 
Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, 
the Television Broadcasting to Cuba Act, and the Foreign Affairs 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1361 
Reform and Restructuring Act of 1998, and to carry out other 
authorities in law consistent with such purposes: 
(1) INTERNATIONAL BROADCASTING OPERATIONS.— 
(A) IN GENERAL.—For "International 
Broadcasting 
Operations", $485,823,000 for the fiscal year 2003. 
(B) ALLOCATION OF FUNDS.—Of the amount authorized 
to be appropriated by subparagraph (A) for the fiscal year 
2003, there is authorized to be available for Radio Free 
Asia $35,000,000 for the fiscal year 2003. 
(2) BROADCASTING CAPITAL IMPROVEMENTS.—For "Broad-
casting Capital Improvements", $13,740,000 for the fiscal year 
2003. 
(3) BROADCASTING TO CUBA.—For "Broadcasting to Cuba", 
$25,923,000 for the fiscal year 2003. 
(b) CONTINUATION OF ADDITIONAL AUTHORIZATION FOR BROAD-
CASTING TO THE PEOPLE'S REPUBLIC OF CHINA AND NEIGHBORING 
COUNTRIES.—Section 701 of Public Law 106-286 (22 U.S.C. 7001) 
is amended— 
(1) in subsection (a) by striking "2001" and inserting "2003"; 
and 
(2) in subsection (b)(1), by striking "2001 and 2002" and 
inserting "2001, 2002, and 2003". 
(c) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS FOR MIDDLE 
EAST RADIO NETWORK OF VOICE OF AMERICA.—In addition to such 
amounts as are made available for the Middle East Radio Network 
of Voice of America pursuant to the authorization of appropriations 
under subsection (a), there is authorized to be appropriated 
$20,000,000 for the fiscal year 2003 for the Middle East Radio 
Network of Voice of America. 
TITLE II—DEPARTMENT OF STATE 
AUTHORITIES AND ACTIVITIES 
Subtitle A—^Basic Authorities and 
Activities 
SEC. 201. EMERGENCY EVACUATION SERVICES. 
Section 4(b)(2)(A) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2671(b)(2)(A)) is amended to read as follows: 
"(A) the evacuation when their lives are endangered by 
war, civil unrest, or natural disaster of— 
"(i) United States Government employees and their 
dependents; and 
"(ii) private United States citizens or third-country 
nationals, on a reimbursable basis to the maximum extent 
practicable, with such reimbursements to be credited to 
the applicable Department of State appropriation and to 
remain available until expended, except that no reimburse-
ment under this clause shall be paid that is greater than 
the amount the person evacuated would have been charged 
for a reasonable commercial air fare immediately prior 
to the events giving rise to the evacuation;". 
116 STAT. 1362 
PUBLIC LAW 107-228—SEPT. 30, 2002 
SEC. 202. SPECIAL AGENT AUTHORITIES. 
(a) GENERAL AUTHORITY.—Section 37(a) of the State Depart-
ment Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) is amended— 
(1) by amending paragraph (2) to read as follows: 
"(2) obtain and execute search and arrest warrants, as 
well as obtain and serve subpoenas and summonses issued 
under the authority of the United States;"; 
(2) in paragraph (3)(F), by inserting "or President-elect" 
after "President"; and 
(3) by amending paragraph (5) to read as follows: 
"(5) make arrests without warrant for any offense against 
the United States committed in their presence, or for any 
felony cognizable under the laws of the United States if they 
have reasonable grounds to believe that the person to be 
arrested has committed or is committing such felony.". 
(b) AGREEMENTS.—Section 37(b) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2709(b)) is amended— 
(1) by redesignating paragraph (2) as paragraph (3); and 
(2) by striking "(b) AGREEMENT.—" and all that follows 
through the end of paragraph (1) and inserting the following: 
"(b) AGREEMENTS WITH ATTORNEY GENERAL AND SECRETARY 
OF THE TREASURY AND FIREARMS REGULATIONS.— 
"(1) AGREEMENT WITH ATTORNEY GENERAL.—^The authority 
conferred by paragraphs (1) and (4) of subsection (a) shall 
be exercised subject to an agreement between the Secretary 
and the Attorney General. 
"(2) AGREEMENT WITH ATTORNEY GENERAL AND SECRETARY 
OF THE TREASURY.—The authority conferred by paragraphs (2) 
and (5) of subsection (a) shall be exercised subject to an agree-
ment among the Secretary, the Attorney General, and the Sec-
retary of the Treasury.". 
22 u s e 2709 
(c) IMPLEMENTATION OF SEARCH, SEIZURE, SERVICE, AND ARREST 
note. 
AUTHORITY.—(1) The authority conferred by paragraphs (2) and 
(5) of section 37(a) of the State Department Basic Authorities Act 
of 1956, as amended by subsection (a), may not be exercised until 
the date on which the Secretary— 
(A) submits the agreement required by subsection (b)(2) 
of section 37 of such Act to the appropriate congressional 
committees; and 
Federal Register, 
(B) publishes in the Federal Register a notice that the 
publication. 
agreement has been submitted in accordance with the require-
ments of subparagraph (A). 
(2) The authority conferred by paragraphs (2) and (5) of sub-
section (a) of section 37 of the State Department Basic Authorities 
Act of 1956, as in effect on the day before the date of the enactment 
of this Act, may continue to be exercised until the date on which 
the notice described in paragraph (1)(B) is published in the Federal 
Register. 
SEC. 203. INTERNATIONAL LITIGATION FUND. 
Section 38 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2710) is amended by adding at the end the following 
new subsection: 
"(e) RETENTION OF FUNDS.— 
"(1) IN GENERAL.—^To reimburse the expenses of the United 
States Government in preparing or prosecuting a proceeding 
before an international tribunal, or a claim against a foreign 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1363 
government or other foreign entity, the Secretary may retain 
1.5 percent of any amount between $100,000 and $5,000,000, 
and one percent of any amount over $5,000,000, received per 
claim under chapter 34 of the Act of February 27, 1896 (22 
U.S.C. 2668a; 29 Stat. 32). 
"(2) TREATMENT.—^Amounts retained under the authority 
of paragraph (1) shall be deposited into the fund under sub-
section (d).". 
SEC. 204. STATE DEPARTMENT RECORDS OF OVERSEAS DEATHS OF 
UNITED STATES CITIZENS FROM NONNATURAL CAUSES. 
Title I of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2651a et seq.) is amended by adding at the end the 
following new section: 
"SEC. 57. STATE DEPARTMENT RECORDS OF OVERSEAS DEATHS OF 
22 USC 2729. 
UNITED STATES CITIZENS FROM NONNATURAL CAUSES. 
"(a) COLLECTION OF INFORMATION.—The Secretary shall, to the 
maximum extent practicable, collect, with respect to each foreign 
country, the following information with respect to each United 
States citizen who dies in that country from a nonnatural cause 
on or after the date of enactment of the Foreign Relations Authoriza-
tion Act, Fiscal Year 2003: 
"(1) The date of death. 
"(2) The locality where the death occurred (including the 
state or province and municipality, if available). 
"(3) The cause of death, including information on the cir-
cumstances of the death, and including, if the death resulted 
from an act of terrorism, a statement disclosing that informa-
tion. 
"(4) Such other information as the Secretary shall prescribe. 
"(b) DATABASE.—^The Secretary shall establish and maintain 
a database containing the information collected under subsection 
(a). 
"(c) PUBLIC AVAILABILITY OF INFORMATION.—Beginning three 
months after the date of enactment of the Foreign Relations 
Authorization Act, Fiscal Year 2003, the Secretary, shall make 
available, on a country-by-country basis, on the Internet website 
of the Department's Bureau of Consular Affairs, the information 
from the database described in subsection (b) with respect to deaths 
occurring since the date of enactment of that Act, or occurring 
during the preceding three calendar years, whichever period is 
shorter. The information shall be updated at least every six 
months.". 
SEC. 205. FOREIGN RELATIONS HISTORICAL SERIES. 
(a) ANNUAL REPORTS BY THE ADVISORY COMMITTEE.—Section 
404(d) of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 4354(d)) is amended— 
(1) 
by 
striking 
"REPORTING 
REQUIREMENT.—" 
and 
inserting "ANNUAL REPORTS BY THE ADVISORY COMMITTEE.— 
"; and 
(2) by inserting "and to the Committee on Foreign Relations 
of the Senate and the Committee on International Relations 
of the House of Representatives" after "Secretary of State". 
(b) ANNUAL REPORTS BY THE SECRETARY.—Section 404(e) of 
the State Department Basic Authorities Act of 1956 (22 U.S.C. 
4354(e)) is amended to read as follows: 
116 STAT. 1364 
PUBLIC LAW 107-228—SEPT. 30, 2002 
"(e) ANNUAL REPORTS BY THE SECRETARY.— 
Deadline. 
"(1) IN GENERAL.—Not later than March 1 of each year, 
the Secretary shall submit a report to the Committee on Foreign 
Relations of the Senate and the Committee on International 
Relations of the House of Representatives on the compliance 
of the Department of State with the provisions of this title, 
including— 
"(A) the volumes published in the previous calendar 
year; 
"(B) the degree to which the Department is not in 
compliance with the deadline set forth in section 401(c); 
and 
"(C) the factors relevant to the inability of the Depart-
ment to comply with the provisions of this title, including 
section 401(c). 
"(2) FORM OF REPORTS.—Each report required to be sub-
mitted by paragraph (1) shall be submitted in luiclassified 
form, together with a classified annex if necessary.". 
SEC. 206. EXPANSION OF ELIGIBILITY FOR AWARD OF CERTAIN 
CONSTRUCTION CONTRACTS. 
(a) IN GENERAL.—Section 11(b)(4)(A) of the Foreign Service 
Buildings Act, 1926 (22 U.S.C. 302(b)(4)(A)) is amended by inserting 
"or at a United States diplomatic or consular establishment abroad" 
after "United States". 
(b) CONFORMING AMENDMENT.—Section 402(c)(2)(D) of the 
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 
U.S.C. 4852(c)(2)(D)) is amended by inserting "or at a United States 
diplomatic or consular establishment abroad" after "United States". 
SEC. 207. I N T E R N A T I O N A L CHANCERY CENTER. 
Section 1 of the Act of October 8, 1968 (PubHc Law 90-553, 
82 Stat. 958. 
as amended; commonly known as the "International Center Act") 
is amended— 
(1) by redesignating clauses (a) and (b) as clauses (1) and 
(2), respectively; 
(2) by inserting "(a)" after "That"; and 
(3) by adding at the end the following new subsections: 
"(b) There is established in the Treasury of the United States 
an account into which may be deposited funds provided as advance 
payments pursuant to subsection (a). 
"(c) The Secretary of State may request the Secretary of the 
Treasury to invest such portion of the funds deposited in that 
account as is not, in the judgment of the Secretary of State, required 
to meet the current needs of the account. Such investments shall 
be made by the Secretary of the Treasury in public debt securities 
with maturities suitable to the needs of the account, as determined 
by the Secretary of State, and bearing interest at a rate determined 
by the Secretary of the Treasury, taking into consideration the 
current market yields on outstanding marketable obligations of 
the United States of comparable maturity.". 
SEC. 208. TRAVEL TO GREAT LAKES FISHERIES MEETINGS. 
Section 4(c) of the Great Lakes Fisheries Act of 1956 (16 U.S.C. 
933(c)) is amended— 
(1) by striking "five" and inserting "ten"; and 
(2) by striking "each" and inserting "the annual". 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1365 
42 use 14943. 
SEC. 209. CORRECTION OF FISHERMEN'S PROTECTIVE ACT OF 1967. 
Section 7(a)(3) of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1977(a)(3)) is amended by striking "Secretary of Commerce" 
and inserting "Secretary of State". 
SEC. 
210. USE OF FUNDS RECEIVED BY THE INTERNATIONAL 
BOUNDARY AND WATER COMMISSION. 
Section 5 of the Act entitled "An Act providing for a study 
regarding the equitable use of the waters of the Rio Grande below 
Fort Quitman, Texas, in cooperation with the United States of 
Mexico", approved May 13, 1924 (22 U.S.C. 277d), is amended 
by inserting ", the North American Development Bank, or the 
Border Environment Cooperation Commission" after "United Mexi-
can States". 
SEC. 211. FEE COLLECTIONS RELATING TO INTERCOUNTRY ADOP-
TIONS AND AFFIDAVITS OF SUPPORT. 
(a) ADOPTION FEES.—Section 403(b) of the Intercountry Adop-
tion Act of 2000 (Public Law 106-279) is amended— 
(1) in paragraph (2), by adding at the end the following 
new sentence: "Such fees shall remain available for obligation 
until expended."; and 
(2) by striking paragraph (3). 
(b) AFFIDAVIT O F SUPPORT FEES.—Section 232 of the Admiral 
James W. Nance and Meg Donovan Foreign Relations Authorization 
Act, Fiscal Years 2000 and 2001 (as enacted into law by section 
1000(a)(7) of Public Law 106-113 and contained in appendix G 
of that Act; 113 Stat. 1501A-425) is amended— 
(1) in subsection (c), by adding at the end the following 
new sentence: "Such fees shall remain available for obligation 
until expended."; and 
(2) by striking subsection (d). 
SEC. 212. ANNUAL REPORTS ON COMPLIANCE WITH THE HAGUE 
CONVENTION 
ON THE CIVIL ASPECTS OF INTER-
NATIONAL CHILD ABDUCTION. 
Section 2803(a) of the Foreign Affairs Reform and Restructuring 
Act of 1998 (as contained in division G of Public Law 105-277; 
112 Stat. 2681-846) is amended by striking "during the period 
42 USC11601 
ending September 30, 2001". 
note. 
SEC. 213. REPEAL OF PROVISION REGARDING HOUSING FOR FOREIGN 
AGRICULTURAL ATTACHES. 
Section 738 of the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act, 
2001 (as enacted into law by Public Law 106-387; 114 Stat. 1549A-
8 USC 1183a 
note. 
34) is repealed. 
SEC. 214. UNITED STATES POLICY WITH RESPECT TO JERUSALEM AS 
THE CAPITAL OF ISRAEL. 
(a) CONGRESSIONAL STATEMENT OF POLICY.—The Congress 
maintains its commitment to relocating the United States Embassy 
in Israel to Jerusalem and urges the President, pursuant to the 
Jerusalem Embassy Act of 1995 (Public Law 104-45; 109 Stat. 
398), to immediately begin the process of relocating the United 
States Embassy in Israel to Jerusalem. 
(b) LIMITATION ON U S E OF F U N D S FOR CONSULATE IN J E R U -
SALEM.—None of the funds authorized to be appropriated by this 
7 USC 1765d-l. 
116 STAT. 1366 
PUBLIC LAW 107-228—SEPT. 30, 2002 
Act may be expended for the operation of a United States consulate 
or diplomatic facility in Jerusalem unless such consulate or diplo-
matic facility is under the supervision of the United States Ambas-
sador to Israel. 
(c) LIMITATION ON USE OF FUNDS FOR PUBLICATIONS.—None 
of the funds authorized to be appropriated by this Act may be 
available for the publication of any official government document 
which lists countries and their capital cities unless the publication 
identifies Jerusalem as the capital of Israel. 
(d) RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PUR-
POSES.—For purposes of the registration of birth, certification of 
nationality, or issuance of a passport of a United States citizen 
bom in the city of Jerusalem, the Secretary shall, upon the request 
of the citizen or the citizen's legal guardian, record the place of 
birth as Israel. 
SEC. 215. REPORT CONCERNING EFFORTS TO PROMOTE ISRAEL'S DIP-
LOMATIC RELATIONS WITH O T H E R COUNTRIES. 
(a) FINDINGS.—The Congress makes the following findings: 
(1) Israel is a friend and ally of the United States whose 
security is vital to regional stability and United States interests. 
(2) Israel currently maintains diplomatic relations with 
approximately 160 countries. Approximately 30 countries do 
not have any diplomatic relations with Israel. 
(3) The State of Israel has been actively seeking to establish 
formal relations with a number of countries. 
(4) The United States should assist its ally, Israel, in 
its efforts to establish diplomatic relations. 
(5) After more than 50 years of existence, Israel deserves 
to be treated as an equal nation by its neighbors and the 
world community. 
Deadline. 
(b) REPORT CONCERNING UNITED STATES EFFORTS TO PROMOTE 
ISRAEL'S DIPLOMATIC RELATIONS WITH OTHER COUNTRIES.—Not 
later than 60 days after the date of the enactment of this Act, 
the Secretary shall submit a report to the appropriate congressional 
committees that includes the following information (in classified 
or unclassified form, as appropriate): 
(1) Actions taken by the United States to encourage other 
countries to establish full diplomatic relations with Israel. 
(2) Specific responses solicited and received by the Sec-
retary from countries that do not maintain full diplomatic rela-
tions with Israel with respect to the status of negotiations 
to enter into diplomatic relations with Israel. 
(3) Other measures being undertaken, and measures that 
will be undertaken, by the United States to ensure and promote 
Israel's full participation in the world diplomatic community. 
SEC. 216. CONTINUATION OF REPORTING REQUIREMENTS. 
(a) REPORTS ON CLAIMS BY UNITED STATES FIRMS AGAINST 
THE GOVERNMENT OF SAUDI ARABIA.—Section 2801(b)(1) of the For-
eign Affairs Reform and Restructuring Act of 1998 (as enacted 
by division G of the Omnibus Consolidated and Emergency Supple-
22 use 6091 
mental Appropriations Act, 1999; Public Law 105-277) is amended 
^°^^- 
by striking "seventh" and inserting "eleventh". 
(b) REPORTS ON DETERMINATIONS UNDER TITLE IV OF THE 
LIBERTAD ACT.—Section 2802(a) of the Foreign Affairs Reform and 
Restructuring Act of 1998 (as enacted by division G of the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1367 
1999; Public Law 105-277) is amended by striking "September 
112 Stat. 
30, 2001," and inserting "September 30, 2003,". 
2681-845. 
(c) REPORT ON TERRORIST ACTIVITY IN WHICH UNITED STATES 
CITIZENS WERE KILLED AND RELATED MATTERS.—Section 805(a) 
of the Admiral James W. Nance £ind Meg Donovan Foreign Relations 
Authorization Act, Fiscal Years 2000 and 2001 (section 805(a) of 
division A of H.R. 3427, as enacted into law by section 1000(a)(7) 
of Public Law 106-113; appendix G; 113 Stat. 1501A-470) is 22USC2656f 
amended by striking "Not later" and all that follows through "2001," note. 
and inserting "Not later than May 1, 2003, and not later than 
May 1, 2004,". 
Subtitle B—Educational, Cultural, and 
Public Diplomacy Authorities 
SEC. 221. FULBRIGHT-HAYS ACT AUTHORITIES. 
Section 112(d) of the Mutual Educational and 
Cultural 
Exchange Act of 1961 (22 U.S.C. 2460(d)) is amended— 
(1) by inserting "(1)" immediately after "(d)"; and 
(2) by adding at the end the following: 
"(2) Notwithstanding paragraph (1), the Bureau may also exer-
cise the authorities of this Act to administer programs authorized 
by, or funded pursuant to, the FREEDOM Support Act, the Support 
for East European Democracy Act, the Foreign Assistance Act of 
1961, or any other Act authorizing educational or cultural exchanges 
or activities, to the extent that such programs are consistent with 
the purposes of this Act.". 
SEC. 222. EXTENSION OF REQUIREMENT FOR SCHOLARSHIPS FOR 
TIBETANS AND BURMESE. 
Section 103(b)(1) of the Human Rights, Refugee, and Other 
Foreign Relations Provisions Act of 1996 (Public Law 104-319; 
22 U.S.C. 2151 note) is amended by striking "for the fiscal year 22USC2452 
2000" and inserting "for the fiscal year 2003". 
note. 
SEC. 223. PLAN FOR ACHIEVEMENT OF PUBLIC DIPLOMACY OBJEC-
TIVES. 
Not later than 180 days after the date of enactment of this 
Act, the Secretary shall submit to the appropriate congressional 
committees a report containing a plan for the Department designed 
to achieve the following objectives: 
(1) Full integration of public diplomacy policy into overall 
policy formulation and implementation. 
(2) Closer communication and policy coordination between 
public diplomacy officers and other officers in the regional 
bureaus of the Department and at overseas posts. 
(3) The creation of channels of direct communication 
between the public diplomacy officers in regional bureaus of 
the Department and the Under Secretary of State for Public 
Diplomacy. 
(4) Minimizing any adverse consequences of public diplo-
macy officers in country posts reporting to the regional bureaus 
of the Department. 
116 STAT. 1368 
PUBLIC LAW 107-228—SEPT. 30, 2002 
22 use 2451 
SEC. 224. ADVISORY COMMITTEE ON CULTURAL DIPLOMACY. 
°°*®" 
(a) ESTABLISHMENT.—There is established an Advisory Com-
mittee on Cultural Diplomacy (in this section referred to as the 
"Advisory Committee"), which shall be composed of nine members, 
as follows: 
(1) The Under Secretary of State for Public Diplomacy, 
who shall serve as Chair. 
(2) The Assistant Secretary of State for Educational and 
Cultural Affairs. 
(3) Seven members appointed pursuant to subsection (c). 
(b) DUTIES.—The Advisory Committee shall advise the Sec-
retary on programs and policies to advance the use of cultural 
diplomacy in United States foreign policy. The Advisory Committee 
shall, in particular, provide advice to the Secretary on— 
(1) increasing the presentation abroad of the finest of the 
creative, visual, and performing arts of the United States; and 
(2) strategies for increasing public-private partnerships to 
sponsor cultural exchange programs that promote the national 
interests of the United States. 
(c) APPOINTMENTS.—^The members of the Advisory Committee 
shall be appointed by the Secretary, not more than four of whom 
shall be from the same political party, from among distinguished 
Americans with a demonstrated record of achievement in the cre-
ative, visual, and performing arts, or international affairs. No officer 
or employee of the United States shall be appointed to the Advisory 
Committee. 
(d) VACANCIES.—^A vacancy in the membership of the Advisory 
Committee shall be filled in the same manner as provided under 
this subsection to make the original appointment. 
(e) MEETINGS.—^A majority of the members of the Advisory 
Committee shall constitute a quorum. The Advisory Committee 
shall meet at least twice each year or as frequently as may be 
necessary to carry out its duties. 
(f) ADMINISTRATIVE SUPPORT.—The Secretary is authorized to 
provide the Advisory Committee with necessary administrative sup-
port from among the staff of the Bureau of Educational and Cultural 
Affairs of the Department. 
(g) COMPENSATION.—Members of the Advisory Committee shall 
be allowed travel expenses, including per diem in lieu of subsistence, 
at rates authorized for employees of agencies under subchapter 
I of chapter 57 of title 5, United States Code, while away from 
their homes or regular places of business in the performance of 
services of the Advisory Committee. 
(h) EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.— 
The Federal Advisory Committee Act shall not apply to the Advisory 
Committee to the extent that the provisions of this section are 
inconsistent with that Act. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Department such sums as may be nec-
essary to carry out this section. 
(]•) TERMINATION.—^The Advisory Committee shall terminate 
September 30, 2005. 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1369 
SEC. 225. ALLOCATION OF FUNDS FOR "AMERICAN CORNERS" IN THE 
RUSSIAN FEDERATION. 
(a) FINDING.—Congress finds that joint ventures with host 
libraries in the Russian Federation known as "American Corners" 
are an effective means— 
(1) to provide information about United States history, 
government, society, and values; 
(2) to provide access to computers and the Internet; and 
(3) to leverage United States assistance and exchange pro-
grams in the Russian Federation. 
(b) ALLOCATION OF FUNDS.—Of the amount authorized to be 
appropriated by section 112(1)(B) of this Act for the fiscal year 
2003, $500,000 is authorized to be available for "American Corner" 
centers operating in the Russian Federation. 
SEC. 226. REPORT RELATING TO COMMISSION ON SECURITY AND 
COOPERATION IN EUROPE. 
Section 5 of the Act entitled "An Act to establish a Commission 
on Security and Cooperation in Europe" (22 U.S.C. 3005) is amended 
to read as follows: 
"SEC. 5. In order to assist the Commission in carrying out 
its duties, the Secretary of State shall submit to the Commission 
an annual report discussing the overall United States policy objec-
tives that are advanced through meetings of decision-making bodies 
of the Organization for Security and Cooperation in Europe (OSCE), 
the OSCE implementation review process, and other activities of 
the OSCE. The report shall also include a summary of specific 
United States policy objectives with respect to participating states 
where there is particular concern relating to the implementation 
of OSCE commitments or where an OSCE presence exists. Such 
summary shall address the role played by OSCE institutions, 
mechanisms, or field activities in achieving United States policy 
objectives. Each annual report shall cover the period from January Deadline. 
1 to December 31, shall be submitted not more than 90 days 
after the end of the reporting period, and shall be posted on the 
Internet website of the Department of State.". 
SEC. 227. AMENDMENTS TO THE VIETNAM EDUCATION FOUNDATION 
22 USC 2452 
ACT OF 2000. 
note. 
(a) PURPOSES OF THE ACT.—Section 202 of the Vietnam Edu-
cation Foundation Act of 2000 (title II of division B of H.R. 5666, 
as enacted by section 1(a)(4) of Public Law 106-554 and contained 
in appendix D of that Act; 114 Stat. 2763A-255) is amended— 
(1) in paragraph (1)(A), by inserting "in the United States" 
after "technology)"; and 
(2) in paragraph (1)(B), by striking "appropriate Viet-
namese institutions" and inserting "academic institutions in 
Vietnam". 
(b) ELECTION OF THE CHAIR.—Section 205(c) of such Act is 
amended by inserting "voting members of the" after "The". 
(c) DUTIES OF THE BOARD.—Section 205(e) of such Act is 
amended by striking paragraphs (1) and (2) and inserting the 
following: 
"(1) provide overall supervision and direction of the Founda-
tion; 
116 STAT. 1370 
PUBLIC LAW 107-228—SEPT. 30, 2002 
"(2) establish criteria for the eligibility of applicants, 
including criteria established by section 206(b), and for the 
selection of fellowship recipients; and 
"(3) select the fellowship recipients.". 
(d) TREATMENT OF PRESIDENTIAL APPOINTEES TO THE BOARD 
OF DIRECTORS.—Section 205 of such Act is amended— 
(1) in subsection (f)— 
(A) by amending paragraph (1) to read as follows: 
"(1) IN GENERAL.—Except as provided in paragraphs (2) 
and (3), each member of the Board shall serve without com-
pensation."; and 
(B) by adding at the end the following new paragraph: 
"(3) 
COMPENSATION OF PRESIDENTIAL APPOINTEES.—^The 
members of the Board appointed under subsection (a)(6) shall 
be paid at the daily equivalent of the rate of basic pay payable 
for positions at level V of the Executive Schedule under section 
5316 of title 5, United States Code, for each day (including 
travel time) during which the member is engaged in the actual 
performance of duties as a Board member."; and 
(2) by adding at the end the following new subsection: 
"(g) 
TREATMENT OF PRESIDENTIAL APPOINTEES AS SPECIAL 
GrOVERNMENT EMPLOYEES.—The members of the Board appointed 
under subsection (a)(6) shall be special Government employees, 
as defined in section 202(a) of title 18, United States Code,". 
(e) TRAVEL REGULATIONS.—Section 205 of such Act, as amended 
by subsection (d), is further amended by adding at the end the 
following new subsection: 
"(h) TRAVEL REGULATIONS.—^Members of the Board shall be 
subject to the same travel regulations as apply to officers and 
employees of the Department of State.". 
(f) VACANCIES.—Section 205(b) of such Act is amended by 
adding at the end the following new paragraph: 
"(3)(A) Any member appointed to fill a vacancy prior to the 
expiration of the term for which his or her predecessor was 
appointed shall be appointed for the remainder of such term. 
"(B) Upon the expiration of his or her term of office, any 
member may continue to serve until a successor is appointed.". 
(g) ENGLISH PROFICIENCY.—Section 206(a)(2) of such Act is 
amended to read as follows: 
"(2) SCIENTIFIC AND TECHNICAL VOCABULARY IN ENGLISH.— 
Fellowships awarded to Vietnamese nationals under paragraph 
(1) may include funding to improve English proficiency in a 
fellowship recipient's field of study.". 
(h) 
SELECTION CRITERIA.—Section 206(b) of such Act is 
amended— 
(1) in paragraph (1), by striking "Vietnamese candidates 
for fellowships" and inserting "Fellowship candidates from 
Vietnam"; and 
(2) in paragraph (2), by striking "teaching candidates" and 
inserting "candidates for teaching fellowships". 
(i) ANNUAL REPORT.—Such Act is amended— 
(1) in section 207(d), by striking "Board" and inserting 
"Secretary of the Treasury"; and 
(2) in section 209(b)— 
(A) by striking "Foundation" and inserting "Board"; 
and 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1371 
(B) by striking "its operations under this title" and 
inserting "the operations of the Foundation under this title, 
including the financial condition of the Foundation". 
(j) COMPENSATION OF EXECUTIVE DIRECTOR.—Section 208(d) of 
such Act is amended by striking "level V of the Executive Schedule 
under section 5316" and inserting "level IV of the Executive 
Schedule under section 5315". 
(k) CLERICAL CORRECTIONS.—Such Act is amended— 
(Din section 206(d)— 
(A) in the subsection heading, by striking "MATCHING" 
and inserting "COST-SHARING"; and 
(B) by striking "matching" and inserting "cost-sharing"; 
(2) in section 206(e)— 
(A) by striking "proficiency" and inserting "progress"; 
and 
(B) by inserting before the period at the end the fol-
lowing: "and applicable law"; 
(3) in section 208(a), by striking "Secretary" and inserting 
"Director"; 
(4) in section 208(d), by striking "title V" and inserting 
"title 5"; and 
(5) in section 209(a)(5), by striking "District of Columbia" 
and inserting "metropolitan Washington, D.C., area". 
SEC. 228. ETHICAL ISSUES IN INTERNATIONAL HEALTH RESEARCH. 
22 USC 2464. 
(a) IN GENERAL.—^The Secretary shall make available funds 
for international exchanges to provide opportunities to researchers 
in developing countries to participate in activities related to ethical 
issues in human subject research, as described in subsection (c). 
(b) COORDINATION WITH OTHER PROGRAMS.—The Secretary 
shall coordinate programs conducted pursuant to this section with 
similar programs that may be conducted by the United States 
Agency for International Development and other Federal agencies 
as part of United States international health programs, particularly 
with respect to research and treatment of infectious diseases. 
(c) ETHICAL ISSUES IN HUMAN SUBJECT RESEARCH.—For pur-
poses of subsection (a), the phrase "activities related to ethical 
issues in human subject research" includes courses of study, con-
ferences, and fora on development of and compliance with inter-
national ethical standards for clinical trials involving human sub-
jects, particularly with respect to responsibilities of researchers 
to individuals and local communities participating in such trials, 
and on management and monitoring of such trials based on such 
international ethical standards. 
SEC. 229. CONFORMING AMENDMENTS. 
Section 112(g) of the Mutual Educational and Cultural 
Exchange Act of 1961 (22 U.S.C. 2460(g)) is amended— 
(1) in paragraph (1), by striking "United States Information 
Agency" and inserting "Department of State"; 
(2) in paragraph (3)— 
(A) in subparagraph (A), by striking "Associate Director 
for Educational and Cultural Affairs of the United States 
Information Agency" and inserting "Assistant Secretary of 
State for Educational and Cultural Affairs"; 
(B) by striking subparagraph (B); and 
116 STAT. 1372 
PUBLIC LAW 107-228—SEPT. 30, 2002 
(C) by redesignating subparagraphs (C), (D), (E), (F), 
and (G) as subparagraphs (B), (C), (D), (E), and (F), respec-
tively; 
(3) in paragraph (5), by striking "United States Information 
Agency" and inserting "Department of State"; 
(4) in paragraph (6)(G), by striking "United States Informa-
tion Agency" and inserting "Department of State"; and 
(5) in paragraph (7), by striking "Director of the United 
States Information Agency" and inserting "Secretary of State, 
acting through the Under Secretary of State for Public Diplo-
macy". 
Subtitle C—Consular Authorities 
SEC. 231. REPORT ON VISA ISSUANCE TO INADMISSIBLE ALIENS. 
Section 51(a) of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2723(a)) is amended— 
(1) by inserting "(1) DENIAL OF VISAS.—" before "The Sec-
retary"; and 
(2) by adding at the end the following: 
"(2) VISA ISSUANCE TO INADMISSIBLE ALIENS.—The Sec-
retary shall, on a semiannual basis, submit to the appropriate 
committees of the Congress a report describing every instance 
during the period covered by the report in which a consular 
post or the Visa Office of the Department of State issued 
an immigrant or nonimmigrant visa to an alien who is inadmis-
sible to the United States based upon terrorist activity or 
failed to object to the issuance of an immigrant or non-
immigrant visa to an alien notwithstanding any such ground 
of inadmissibility. The report shall set forth the name and 
nationality of the alien, the issuing post, and a brief factual 
statement of the basis for issuance of the visa or the failure 
to object. The report may be submitted in classified or unclassi-
fied form.". 
8 u s e 1182f. 
SEC. 232. DENIAL OF ENTRY INTO UNITED STATES OF CHINESE AND 
OTHER NATIONALS ENGAGED IN COERCED ORGAN OR 
BODILY TISSUE TRANSPLANTATION. 
(a) DENIAL OF ENTRY.—Notwithstanding any other provision 
of law and except as provided in subsection (b), the Secretary 
shall direct consular officers not to issue a visa to any person 
whom the Secretary finds, based on credible and specific informa-
tion, to have been directly involved with the coercive transplantation 
of human organs or bodily tissue, unless the Secretary has substan-
tial grounds for believing that the foreign national has discontinued 
his or her involvement with, and support for, such practices. 
(b) EXCEPTION.—The prohibitions in subsection (a) do not apply 
to an applicant who is a head of state, head of government, or 
cabinet-level minister. 
(c) WAIVER.—^The Secretary may waive the prohibitions in sub-
section (a) with respect to a foreign national if the Secretary— 
(1) determines that it is important to the national interest 
of the United States to do so; and 
Deadline. 
(2) not later than 30 days after the issuance of a visa, 
provides written notification to the appropriate congressional 
committees containing a justification for the waiver. 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1373 
SEC. 233. PROCESSING OF VISA APPLICATIONS. 
8 USC 1201 note. 
(a) IN GENERAL.—It shall be the policy of the Depeirtment Deadline, 
to process each visa application from an alien classified as an 
immediate relative or as a K-1 nonimmigrant within 30 days of 
the receipt of all necessary documents from the applicant and 
the Immigration and Naturalization Service. In the case of an 
immigrant visa application where the petitioner is a relative other 
than an immediate relative, it should be the policy of the Depart-
ment to process such an application within 60 days of the receipt 
of all necessary documents from the applicEint and the Immigration 
and Naturalization Service. 
(b) DEFINITIONS.—In this section: 
(1) IMMEDIATE RELATIVE.—The term "immediate relative" 
has the meaning given the term in section 201(b)(2)(A)(i) of 
the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). 
(2) K-1 NONIMMIGRANT.—The term "K-1 nonimmigrant" 
means 
a 
nonimmigrant 
alien 
described 
in 
section 
101(a)(15)(K)(i) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(K)(i)). 
SEC. 234. MACHINE READABLE VISAS. 
Section 140(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (8 U.S.C. 1351 note) is amended by adding 
at the end the following: 
"(3) For the fiscal year 2003, any amount that exceeds 
$460,000,000 may be made available only if a notification is 
submitted to Congress in accordance with the procedures 
applicable to reprogramming notifications under section 34 of 
the State Department Basic Authorities Act of 1956.". 
Subtitle D—Migration and Refugees 
SEC. 241. PROHIBITION ON FUNDING THE INVOLUNTARY RETURN OF 
REFUGEES. 
Title I of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2651a et seq.), as amended by section 204 of this Act, 
is further amended by adding at the end the following new section: 
"SEC. 58. PROHIBITION ON FUNDING THE INVOLUNTARY RETURN OF 
22 USC 2730. 
REFUGEES. 
"(a) PROHIBITION.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), 
none of the funds made available to the Depeirtment of State, 
or the United States Emergency Refugee and Migration Assist-
ance Fund established in section 2(c) of the Migration and 
Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)), may be 
available to effect the involuntary return by the United States 
of Euiy person to a country in which the person has a well-
founded fear of persecution on account of race, religion, nation-
ality, membership in a particular social group, or political 
opinion. 
"(2) EXCEPTION.—The prohibition in paragraph (1) does 
not apply to the return of any person on grounds recognized 
as precluding protection as a refugee under the United Nations 
Convention Relating to the Status of Refugees of July 28, 
1951, and the Protocol Relating to the Status of Refugees 
of January 31, 1967, subject to the reservations contained in 
\ 
116 STAT. 1374 
PUBLIC LAW 107-228—SEPT. 30, 2002 
the United States Senate resolution of advice and consent to 
ratification of the Protocol. 
"(b) CONGRESSIONAL NOTIFICATION REQUIRED IN ALL CASES.— 
None of the funds made available to the Department of State, 
or the United States Emergency Refugee and Migration Assistance 
Fund established in section 2(c) of the Migration and Refugee 
Assistance Act of 1962 (22 U.S.C. 2601(c)), may be available to 
effect the involuntary return by the United States of any person 
to any country unless the Secretary first notifies the appropriate 
congressional committees, except that, in the case of an emergency 
involving a threat to human life, the Secretary shall notify the 
appropriate congressional committees as soon as practicable. 
"(c) STATUTORY CONSTRUCTION.—^Nothing in this section shall 
be construed as affecting activities of the Department of State 
that relate to removal proceedings under the Immigration and 
Nationality Act or extradition. 
"(d) DEFINITIONS.—In this section: 
"(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—^The term 
'appropriate congressional committees' means the Committee 
on Foreign Relations of the Senate and the Committee on 
International Relations of the House of Representatives. 
"(2) T o EFFECT THE INVOLUNTARY RETURN.—The t e r m "to 
effect the involuntary return" means to require, by means of 
physical force or circumstances amounting to a threat thereof, 
a person to return to a country against the person's will, regard-
less of whether the person is physically present in the United 
States and regardless of whether the United States acts directly 
or through an agent.". 
SEC. 
242. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL 
ORGANIZATION FOR MIGRATION. 
Section 2(a) of the Migration and Refugee Assistance Act of 
1962 (22 U.S.C. 2601(a)) is amended to read as follows: 
"(a)(1) The President is authorized to continue membership 
for the United States in the International Organization for Migra-
tion in accordance with the constitution of such organization 
approved in Venice, Italy, on October 19, 1953, as amended in 
Geneva, Switzerland, on November 24, 1998, upon entry into force 
of such amendments. 
"(2) For the purpose of assisting in the movement of refugees 
and migrants, there are authorized to be appropriated to the Presi-
dent such amounts as may be necessary from time to time for 
payment by the United States of its contributions to the Inter-
national Organization for Migration and all necessary salaries and 
expenses incidental to United States participation in such organiza-
tion.". 
SEC. 243. REPORT ON OVERSEAS REFUGEE PROCESSING. 
(a) REPORT ON OVERSEAS REFUGE PROCESSING.—Not later than 
120 days after the date of the enactment of this Act, the Secretary 
shall submit to the appropriate congressional committees a report 
on overseas processing of refugees for admission to the United 
States. 
(b) CONTENTS.—^The report shall include the following detailed 
information: 
(1) United States procedures for the identification of refu-
gees who are particularly vulnerable or whose individual cir-
cumstances otherwise suggest an urgent need for resettlement. 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1375 
including the extent to which the Department now insists on 
referral by the United Nations High Commissioner for Refugees 
as a prerequisite to consideration of such refugees for resettle-
ment in the United States, together with a plan for the 
expanded use of alternatives to such referral, including the 
use of field-based nongovernmental organizations to identify 
refugees in urgent need of resettlement. 
(2) The extent to which the Department makes use in 
overseas refugee processing of the designation of groups of 
refugees who are of special concern to the United States, 
together with the reasons for any decline in such use over 
the last 10 years and a plan for making more generous use 
of such categories in the future. 
(3) The extent to which the United States currently pro-
vides opportunities for resettlement in the United States of 
individuals who are close family members of citizens or lawful 
residents of the United States, together with the reasons for 
any decline in the extent of such provision over the last 10 
years and a plan for expansion of such opportunities in the 
future. 
(4) The extent to which opportunities for resettlement in 
the United States are currently provided to "urban refugees" 
and others who do not currently reside in refugee camps, 
together with a plan for increasing such opportunities, particu-
larly for refugees who are in urgent need of resettlement, 
who are members of refugee groups of special interest to the 
United States, or who are close family members of United 
States citizens or lawful residents. 
(5) The Department's assessment of the feasibility and 
desirability of modifying the Department's current list of ref-
ugee priorities to create an additional category for refugees 
whose need for resettlement is based on a long period of resi-
dence in a refugee camp with no immediate prospect of safe 
and voluntary repatriation to their country of origin or last 
permanent residence. 
(6) The extent to which the Department uses private vol-
untary agencies to assist in the identification of refugees for 
admission to the United States, including the Department's 
assessment of the advantages and disadvantages of private 
voluntary agencies, the reasons for any decline in the Depart-
ment's use of voluntary agencies over the last 10 years, and 
a plan for the expanded use of such agencies. 
(7) The extent to which the per capita reception and place-
ment grant to voluntary agencies assisting in resettlement of 
refugees has increased over the last 10 years commensurate 
with the cost to such agencies of providing such services. 
(8) An estimate of the cost of each change in current 
practice or procedure discussed in the report, together with 
an estimate of any increase in the annual refugee admissions 
ceiling that would be necessary to implement each change. 
116 STAT. 1376 
PUBLIC LAW 107-228—SEPT. 30, 2002 
TITLE III-
SONNEL 
STATE 
-ORGANIZATION AND PER-
OF THE DEPARTMENT OF 
22 use 2651a 
note. 
Deadlines. 
Deadlines. 
22 use 2651a 
note. 
Establishment. 
Subtitle A—Organizational Matters 
SEC. 
301. 
COMPREHENSIVE 
WORKFORCE 
PLAN. 
(a) WORKFORCE PLAN.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit to the 
appropriate congressional committees a comprehensive workforce 
plan for the Department for the fiscal years 2003 through 2007. 
TTie plan shall consider personnel needs in both the Civil Service 
and the Foreign Service and expected domestic and overseas per-
sonnel allocations. The workforce plan should set forth— 
(1) the detailed mission of the Department; 
(2) the definition of work to be done; 
(3) a description of cyclical personnel needs based on 
expected retirements and attrition; and 
(4) a statement of the time required to hire, trsiin, and 
deploy new personnel. 
(b) DOMESTIC STAFFING MODEL.—Not later than one year after 
the date of the enactment of this Act, the Secretary shall compile 
and submit to the appropriate congressional committees a domestic 
staffing model for the Department. 
SEC. 302. "RIGHTSIZING" OVERSEAS POSTS. 
(a) "RIGHTSIZING" AT THE DEPARTMENT OF STATE.— 
(1) IN GENERAL.—The Secretgiry shall establish a task force 
within the Depgirtment on the issue of "rightsizing" overseas 
posts. 
(2) PRELIMINARY REPORT.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary shall 
submit to the appropriate congressional committees a report 
that outlines the status, plans, and activities of the task force. 
In addition to such other information as the Secretary considers 
appropriate, the report shall include the following: 
(A) The objectives of the task force. 
(B) Measures for achieving the objectives 
under 
subparagraph (A). 
(C) Identification of the official of the Department with 
primary responsibility for the issue of "rightsizing". 
(D) The plans of the Department for the reallocation 
of staff and resources based on changing needs at overseas 
posts and in the metropolitan Washington, D.C., area. 
(3) REPORT.—Not later than one year after the date of 
the enactment of this Act, the Secretary shall submit to the 
appropriate congressional committees a report reviewing the 
activities and progress of the task force established under para-
graph (1). 
(b) INTERAGENCY WORKING GROUP.— 
(1) ESTABLISHMENT.—The Secretary shall establish an 
interagency working group on the issue of "rightsizing" the 
overseas presence of the United States Grovemment. 
(2) PRELIMINARY REPORT.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary shall 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1377 
submit to the appropriate congressional committees a report 
which outhnes the status, plans, and activities of the inter-
agency working group. In addition to such other information 
as the Secretary considers appropriate, the report shall include 
the following: 
(A) The objectives of the working group. 
(B) Measures for achieving the objectives 
under 
subparagraph (A). 
(C) Identification of the official of each agency with 
primary responsibility for the issue of "rightsizing". 
(3) REPORT.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary shall submit to the 
appropriate congressional committees a report reviewing the 
activities and progress of the working group established under 
paragraph (1). 
SEC. 303. QUALIFICATIONS OF CERTAIN OFFICERS OF THE DEPART-
MENT OF STATE. 
Section 1 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2651a) is amended— 
(1) by striking subsections (f) and (g); and 
(2) by inserting after subsection (e) the following new sub-
section: 
"(f) QUALIFICATIONS OF CERTAIN OFFICERS OF THE DEPARTMENT 
OF STATE.— 
"(1) 
OFFICER HAVING PRIMARY RESPONSIBILITY FOR PER-
SONNEL MANAGEMENT.—The officer of the Department of State 
with primary responsibility for assisting the Secretary with 
respect to matters relating to personnel in the Department 
of State, or that officer's principal deputy, shall have substantial 
professional qualifications in the field of human resource policy 
and management. 
"(2) OFFICER HAVING PRIMARY RESPONSIBILITY FOR DIPLO-
MATIC SECURITY.—The officer of the Department of State with 
primary responsibility for assisting the Secretary with respect 
to diplomatic security, or that officer's principal deputy, shall 
have substantial professional qualifications in the fields of (A) 
management, and (B) Federal law enforcement, intelligence, 
or security. 
"(3) OFFICER HAVING PRIMARY RESPONSIBILITY FOR INTER-
NATIONAL NARCOTICS AND LAW ENFORCEMENT.—The officer of 
the Department of State with primary responsibility for 
assisting the Secretary with respect to international narcotics 
and law enforcement, or that officer's principal deputy, shall 
have substantial professional qualifications in the fields of (A) 
management, and (B) law enforcement or international nar-
cotics policy.". 
Subtitle B—Personnel Matters 
SEC 311. THOMAS JEFFERSON STAR FOR FOREIGN SERVICE. 
Section 36A of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2708a) is amended— 
(1) in the section heading, by striking "FOREIGN SERVICE 
STAR" and inserting "THOMAS JEFFERSON STAR FOR FOREIGN 
SERVICE"; and 
116 STAT. 1378 
PUBLIC LAW 107-228—SEPT. 30, 2002 
(2) by striking "Foreign Service star" each place it appears 
and inserting "Thomas Jefferson Star for Foreign Service". 
SEC. 312. PRESIDENTIAL RANK AWARDS. 
(a) COMPARABLE PAYMENTS.—Section 405(b)(3) of the Foreign 
Service Act of 1980 (22 U.S.C. 3965(b)(3)) is amended by striking 
the second sentence and inserting "Payments under this paragraph 
to a member of the Senior Foreign Service may not exceed, in 
any fiscal year, the percentage of basic pay established under section 
4507(e)(1) of title 5, United States Code, for a Meritorious Executive, 
except that payments of the percentage of the basic pay established 
under section 4507(e)(2) of such title for Distinguished Executives 
may be made in any fiscal year to up to 1 percent of the members 
of the Senior Foreign Service.". 
22 use 3965 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
note. 
shall take effect October 1, 2002. 
SEC. 313. FOREIGN SERVICE NATIONAL SAVINGS FUND. 
Section 408(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 
3968(a)(1)) is amended in the third sentence by striking "(C)" and 
all that follows through "covered employees." and inserting "(C) 
payments by the Government and employees to (i) a trust or other 
fund in a financial institution in order to finance future benefits 
for employees, including provision for retention in the fund of 
accumulated interest and dividends for the benefit of covered 
employees; or (ii) a Foreign Service National Savings Fund estab-
lished in the Treasury of the United States, which (I) shall be 
administered by the Secretary, at whose direction the Secretary 
of the Treasury shall invest amounts not required for the current 
needs of the Fund; and (II) shall be public monies, which are 
authorized to be appropriated and remain available without fiscal 
year limitation to pay benefits, to be invested in public debt obliga-
tions bearing interest at rates determined by the Secretary of 
the Treasury taking into consideration current average market 
yields on outstanding marketable obligations of the United States 
of comparable maturity, and to pay administrative expenses.". 
SEC. 314. CLARIFICATION OF SEPARATION FOR CAUSE. 
(a) IN GENERAL.—Section 610(a) of the Foreign Service Act 
of 1980 (22 U.S.C. 4010(a)) is amended— 
(1) in paragraph (1), by inserting "decide to" after "may"; 
(2) by strifcng paragraphs (2), (3), (4), (5), and (6); and 
(3) by inserting after paragraph (1) the following: 
"(2)(A) Except as provided in subparagraph (B), whenever the 
Secretary decides under paragraph (1) to separate, on the basis 
of misconduct, any member of the Service (other than a United 
States citizen employed under section 311 of the Foreign Service 
Act of 1980 who is not a family member) who either— 
"(i) is serving under a career appointment, or 
"(ii) is serving under a limited appointment, 
the member may not be separated from the Service until the 
member receives a hearing before the Foreign Service Grievance 
Board and the Board decides that cause for separation has been 
established, unless the member waives, in writing, the right to 
such a hearing, or the member's appointment has expired, which-
ever is sooner. 
"(B) The right to a hearing in subparagraph (A) does not 
apply in the case of an individual who has been convicted of a 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1379 
crime for which a sentence of imprisonment of more than one 
year may be imposed. 
"(3) If the Board decides that cause for separation has not 
been estabhshed, the Board may direct the Department to pay 
reasonable attorneys' fees to the extent and in the manner provided 
by section 1107(b)(5). The hearing provided under this paragraph 
shall be conducted in accordance with the hearing procedures 
applicable to grievances under section 1106 and shall be in lieu 
of any other administrative procedure authorized or required by 
this or any other Act. Section 1110 shall apply to proceedings 
under this paragraph. 
"(4) Notwithstanding the hearing required by paragraph (2), 
at the time that the Secretary decides to separate a member of 
the Service for cause, the member shall be placed on leave without 
pay. If the member does not waive the right to a hearing, and 
the Board decides that cause for separation has not been estab-
lished, the member shall be reinstated with back pay.". 
(b) CONFORMING AMENDMENTS.—Section 1106(8) of the Foreign 
Service Act of 1980 (22 U.S.C. 4136(8)) is amended— 
(1) in the first sentence— 
(A) by striking "the involuntary separation of the griev-
ant,"; and 
(B) by striking "grievant, or" and inserting "grievant 
or"; and 
(2) by striking the last sentence. 
SEC. 315. DEPENDENTS ON FAMILY VISITATION TRAVEL. 
(a) IN GENERAL.—Section 901(8) of the Foreign Service Act 
of 1980 (22 U.S.C. 4081(8)) is amended by striking "Service" and 
inserting "Service, and members of his or her family,". 
(b) PROMULGATION OF GUIDANCE.—The Secretary shall promul- 
22 use 480i 
gate guidance for the implementation of the amendment made note. 
by subsection (a) to ensure its implementation in a manner which 
does not substantially increase the total amount of travel expenses 
paid or reimbursed by the Department for travel under section 
901 of the Foreign Service Act of 1980 (22 U.S.C. 4081). 
(c) EFFECTIVE DATE.—The amendment made by subsection (a) 22USC4801 
shall take effect on the date on which guidance for implementation note. 
of such amendment is issued by the Secretary. 
SEC. 316. HEALTH EDUCATION AND DISEASE PREVENTION PROGRAMS. 
Section 904(b) of the Foreign Service Act of 1980 (22 U.S.C. 
4084(b)) is amended by striking "families, and (3)" and inserting 
"families, (3) health education and disease prevention programs 
for all employees, and (4)". 
SEC. 317. CORRECTION OF TIME LIMITATION FOR GRIEVANCE FILING. 
Section 1104(a) of the Foreign Service Act of 1980 (22 U.S.C. 
4134(a)) is amended in the first sentence by striking "but in no 
case less than two years" and inserting "but in no case more 
than three years". 
SEC. 318. TRAINING AUTHORITIES. 
Section 2205 of the Foreign Affairs Reform and Restructuring 
Act of 1998 (as enacted by division G of PubHc Law 105-277; 
112 Stat. 2681-808) is amended— 
(1) in the section heading, by striking "PILOT"; 
(2) by striking subsection (a)(3); and 
22 use 4021 and 
note. 
116 STAT. 1380 
PUBLIC LAW 107-228—SEPT. 30, 2002 
22 use 2725 
(3) by Striking subsection (c). 
note. 
SEC. 319. UNACCOMPANIED AIR BAGGAGE. 
Section 5924(4)(B) of title 5, United States Code, is amended 
by inserting after the first sentence the following: "At the election 
of the employee, in lieu of the transportation of the baggage of 
a dependent from the dependent's school, the costs incurred to 
store the baggage at or in the vicinity of the school during the 
dependent's annual trip between the school and the employee's 
duty station may be paid or reimbursed to the employee, except 
that the amount of the payment or reimbursement may not exceed 
the cost that the Government would incur to transport the bag-
gage.". 
SEC. 320. EMERGENCY MEDICAL ADVANCE PAYMENTS. 
Section 5927 of title 5, United States Code, is amended— 
(1) by amending subsection (a)(3) to read as follows: 
"(3) to an employee compensated pursuant to section 408 
of the Foreign Service Act of 1980, who— 
"(A) pursuant to United States Government authoriza-
tion is located outside the country of emplojmient; and 
"(B) requires medical treatment outside the country 
of employment in circumstances specified by the President 
in regulations."; and 
(2) in subsection (b), by striking "appointed" and inserting 
"hired". 
5 use 8411 note. 
SEC. 321. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE 
PERFORMED ABROAD. 
(a) RETIREMENT CREDIT FOR CERTAIN GO\'ERNMENT SERVICE 
PERFORMED ABROAD.—Subject to subsection (b)(1), credit under 
chapter 84 of title 5, United States Code, shall be allowed for 
any service performed by an individual if or to the extent that— 
(1) it was performed by such individual— 
(A) after December 31, 1988, and before May 24, 1998; 
(B) at a United States diplomatic mission, consular 
post (other than a consular agency), or other Foreign 
Service post abroad; and 
(C) under a temporary appointment pursuant to sec-
tions 309 and 311 of the Foreign Service Act of 1980 
(22 U.S.C. 3949 and 3951); 
(2) at the time of performing such service, such individual 
would have satisfied all eligibility requirements under regula-
tions of the Department (as in effect on the date of the enact-
ment of this Act) for a family member limited noncareer 
appointment (within the meaning of such regulations, as in 
effect on such date of enactment), except that, in applying 
this paragraph, an individual not employed by the Department 
while performing such service shall be treated as if then so 
employed; 
(3) such service would have been creditable under section 
8411(b)(3) of such title 5 if— 
(A) the service had been performed before January 
1, 1989; and 
(B) the deposit requirements of section 8411(f) of such 
title 5 had been met with respect to such service; 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1381 
(4) such service would not otherwise be creditable under 
the Federal Employees' Retirement System or any other retire-
ment system for employees of the United States Government 
(disregarding title II of the Social Security Act); and 
(5) the total amount of service performed by such individual 
(satisfying paragraphs (1) through (4)) is not less than 90 
days. 
(b) REQUIREMENTS.— 
(1) REQUIREMENTS OF THE INDIVIDUAL.—In order to receive 
credit under chapter 84 of title 5, United States Code, for 
any service described in subsection (a), the individual who 
performed such service (or, if deceased, any person who is 
or would be eligible for a survivor annuity under the Federal 
Employees' Retirement System based on the service of such 
individual)— 
(A) shall file a written application with the Office Deadline, 
of Personnel Management not later than 36 months after 
the effective date of the regulations prescribed to carry 
out this section (as specified in those regulations); and 
(B) shall remit to the Office (for deposit in the Treasury 
of the United States to the credit of the Civil Service 
Retirement and Disability Fund) the total amount that, 
under section 8422 of such title 5, should have been 
deducted from the basic pay of such individual for such 
service if such service had then been creditable under 
such chapter 84. 
(2) GOVERNMENT CONTRIBUTIONS.— 
(A) IN GENERAL.—In addition to any other payment 
that it is required to make under chapter 84 of title 5, 
United States Code, a department, agency, or other 
instrumentality of the United States shall remit to the 
Office of Personnel Management (for deposit in the 
Treasury of the United States to the credit of the Fund) 
the amount described in subparagraph (B). 
(B) AMOUNT DESCRIBED.—^The amount described in this 
subparagraph is, with respect to a remittance under para-
graph (1), the total amount of Government contributions 
that would, under section 8423 of title 5, United States 
Code, have been required of the instrumentality involved 
(to the extent that it was the employing entity during 
the period of service to which such remittance relates) 
in connection with such service. 
(C) SPECIAL RULE.—If an amount cannot be remitted 
under this paragraph because an instrumentality has 
ceased to exist, such amount shall instead be treated as 
part of the supplemental liability referred to in section 
8423(b)(1) (A) or (B) of title 5, United States Code (which-
ever would be appropriate). 
(3) RELATED REQUIREMENTS.—^Any remittance under para-
graph (1) or (2)— 
(A) shall be made in such time, form, and manner 
as the Office of Personnel Management may by regulation 
require; and 
(B) shall be computed with interest (in accordance 
with section 8334(e) of title 5, United States Code, and 
such requirements as the Office may by regulation pre-
scribe). 
116 STAT. 1382 
PUBLIC LAW 107-228—SEPT. 30, 2002 
(4) NOTIFICATION AND ASSISTANCE REQUIREMENTS.— 
(A) IN GENERAL.—^The Office of Personnel Management 
shall take such action as may be necessary and appropriate 
to inform individuals entitled to have any service credited 
under this section, or to have any annuity computed or 
recomputed under this section, of their entitlement to such 
credit, computation, or recomputation. 
(B) ASSISTANCE TO INDIVIDUALS.—The Office shall, on 
request, assist any individual referred to in subparagraph 
(A) in obtaining from any department, agency, or other 
instrumentality of the United States such information in 
the possession of such instrumentality as may be necessary 
to verify the entitlement of such individual to have any 
service credited, or to have any annuity computed or recom-
puted, pursuant to this section. 
(C) 
ASSISTANCE 
FROM 
INSTRUMENTALITIES.—^Any 
department, agency, or other instrumentality of the United 
States that possesses any information with respect to any 
service described in subsection (a) shall, at the request 
of the Office, furnish such information to the Office. 
(c) DEFINITIONS.—In this section: 
(1) ABROAD.—^The term "abroad" has the meaning given 
such term under section 102 of the Foreign Service Act of 
1980 (22 U.S.C. 3902). 
(2) BASIC PAY.—The term "basic pay" has the meaning 
given such term under section 8401 of title 5, United States 
Code. 
(3) CIVIL SERVICE RETIREMENT AND DISABILITY FUND.—^The 
term "Civil Service Retirement and Disability Fund" or "Fund" 
means the Civil Service Retirement and Disability Fund under 
section 8348 of title 5, United States Code. 
(4) 
TEMPORARY 
APPOINTMENT.—^The 
term 
"temporary 
appointment" means an appointment that is limited by its 
terms to a period of one year or less. 
(d) RULE OF CONSTRUCTION.—^Nothing in this section shall be 
considered to permit or require the malang of any contributions 
to the Thrift Savings Fund that would not otherwise have been 
permitted or required had this section not been enacted. 
(e) APPLICABILITY.— 
(1) ANNUITIES COMMENCING ON OR AFTER EFFECTIVE DATE 
OF IMPLEMENTING REGULATIONS.—^An annuity or 
survivor 
annuity— 
(A) which is based on the service of an individual 
who performed service described in subsection (a), and 
(B) which commences on or after the effective date 
of the regulations prescribed to carry out this section (as 
determined under subsection (b)(1)(A)), 
shall (subject to subsection (b)(1)) be computed taking into 
account all service described in subsection (a) that was per-
formed by such individual. 
(2) ANNUITIES WITH COMMENCEMENT DATE PRECEDING 
EFFECTIVE DATE OF IMPLEMENTING REGULATIONS.— 
(A) RECOMPUTATION CASES.—^An annuity or survivor 
annuity— 
(i) which is based on the service of an individual 
who performed service described in subsection (a), and 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1383 
(ii) which commences before the effective date 
referred to in paragraph (1)(B), 
shall (subject to subsection (b)(1)) be recomputed taking 
into account all service described in subsection (a) that 
was performed by such individual. 
(B) OTHER GASES.—^An annuity or survivor annuity— 
(i) which is based on the service of an individual 
who performed service described in subsection (a), 
(ii) the requirements for entitlement which could 
not be met without taking into account service 
described in subsection (a), and 
(iii) which (if service described in subsection (a) 
had been taken into account, and an appropriate 
application been submitted) would have commenced 
before the effective date referred to in paragraph (1)(B), 
shall (subject to subsection (b)(1)) be computed taking into 
account all service described in subsection (a) that was 
performed by such individual. 
(C) 
RETROACTIVE 
EFFECT.—^Any 
computation 
or 
recomputation of an annuity or survivor annuity pursuant 
to this paragraph shall— 
(i) if pursuant to subparagraph (A), be effective 
as of the commencement date of the annuity or survivor 
annuity involved; and 
(ii) if pursuant to subparagraph (B), be effective 
as of the commencement date that would have applied 
if application for the annuity or survivor annuity 
involved had been submitted on the earliest date pos-
sible in order for it to have been approved. 
(D) LUMP-SUM 
PAYMENT.—^Any amounts which by 
virtue of subparagraph (C) are payable for any months 
preceding the first month (on or after the effective date 
referred to in paragraph (1)(B)) as of which annuity or 
survivor annuity pa3mients become payable fully reflecting 
the computation or recomputation under subparagraph (A) 
or (B) (as the case may be) shall be payable in the form 
of a lump-sum payment. 
(E) ORDER OF PRECEDENCE.—Section 8424(d) of title 
5, United States Code, shall apply in the case of any 
payment under subparagraph (D) payable to an individual 
who has died. 
(f) IMPLEMENTATION.—^The Office of Personnel Management, Regulations. 
in consultation with the Secretary, shall prescribe such regulations 
and take such action as may be necessary and appropriate to 
implement this section. 
SEC. 322. COMPUTATION OF FOREIGN SERVICE RETIREMENT ANNU-
ITIES AS IF WASHINGTON, D.C., LOCALITY-BASED COM-
PARABILITY PAYMENTS WERE MADE TO OVERSEAS-STA-
TIONED FOREIGN SERVICE MEMBERS. 
(a) FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM.— 
(1) COMPUTATION OF ANNUITIES.—Section 806(a) of the For-
eign Service Act of 1980 (22 U.S.C. 4046(a)) is amended by 
adding at the end the following new paragraph: 
"(9) For purposes of any annuity computation under this sub-
section, the basic salary or basic pay of any member of the Service 
whose official duty station is outside the continental United States 
116 STAT. 1384 
PUBLIC LAW 107-228—SEPT. 30, 2002 
shall be considered to be the salary or pay that would have been 
paid to the member had the member's official duty station been 
Washington, D.C., including locality-based comparability payments 
under section 5304 of title 5, United States Code, that would have 
been payable to the member if the member's official duty station 
had been Washington, D.C.". 
(2) GOVERNMENT CONTRIBUTIONS AND INDIVIDUAL DEDUC-
TIONS AND WITHHOLDINGS.—Section 805(a) of the Foreign 
Service Act of 1980 (22 U.S.C. 4045(a)) is amended— 
(A) in paragraph (1)— 
(i) in the first sentence, by striking "7" and 
inserting "7.25"; and 
(ii) in the second sentence, by striking "An equal 
amount shall be contributed by the Department" and 
inserting "The contribution by the employing agency 
shall be a percentage of basic salary equal to the 
percentage in effect under section 7001(d)(1) of the 
Balanced Budget Act of 1997 (Public Law 105-33; 22 
U.S.C. 4045 note), and section 505(h) of the Depart-
ment of Transportation and Related Agencies Appro-
priations Act, 2001 (as enacted by Public Law 106-
346; 114 Stat. 1356A-54), plus .25 percent of basic 
salary, and shall be made"; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by inserting at the end 
of the first sentence ", plus an amount equal to .25 
percent of basic pay"; and 
(ii) in subparagraph (B), by inserting at the end 
of the first sentence ", plus an amount equal to .25 
percent of basic pay"; 
(C) in paragraphs (1) and (2), by striking "Department" 
each place it appears and inserting "employing agency"; 
and 
(D) in paragraph (3), by inserting at the end of the 
first sentence ", plus .25 percent". 
(b) FOREIGN SERVICE PENSION SYSTEM.— 
(1) COMPUTATION OF ANNUITIES.—Section 855(a) of the For-
eign Service Act of 1980 (22 U.S.C. 4071d(a)) is amended by 
adding at the end the following new paragraph: 
"(3) For purposes of any annuity computation under this sub-
section, the average pay (as used in section 8414 of title 5, United 
States Code) of any member of the Service whose official duty 
station is outside the continental United States shall be considered 
to be the salary that would have been paid to the member had 
the member's official duty station been Washington, D.C, including 
locality-based comparability payments under section 5304 of title 
5, United States Code, that would have been payable to the member 
if the member's official duty station had been Washington, D.C". 
(2) INDIVIDUAL DEDUCTIONS AND WITHHOLDINGS.—Section 
856(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 
4071e(a)(2)) is amended by striking: 
"7.5 
After December 31, 2000." 
and inserting the following: 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1385 
22 use 4046 
note. 
22 use 4045 
note. 
"7.55 
After January 11,2003.". 
(c) EFFECTIVE DATES.— 
(1) COMPUTATION OF ANNUITIES.—The amendments made 
by subsections (a)(1) and (b)(1) shall apply to service performed 
on or after the first day of the first pay period beginning 
on or after the date that is 90 days after the date of enactment 
of this Act. 
(2) GOVERNMENT CONTRIBUTIONS AND INDIVIDUAL DEDUC-
TIONS AND WITHHOLDINGS.—The amendments made by sub-
sections (a)(2) and (b)(2) shall take effect with the first pay 
period beginning on or after the date that is 90 days after 
the date of enactment of this Act. 
SEC. 323. PLAN FOR IMPROVING RECRUITMENT OF VETERANS INTO 
THE FOREIGN SERVICE. 
(a) IN GENERAL.—Not later than 180 days after the date of Deadline, 
enactment of this Act, the Secretary shall submit to the appropriate 
congressional committees a report containing a plan for the Depart-
ment to improve the recruitment of veterans for the career Foreign 
Service. The plan shall— 
(1) address personnel issues relevant to such recruitment 
efforts; and 
(2) include proposals for improving coordination between 
the Department and the Departments of Defense, Transpor-
tation, and Veterans Affairs in promoting the recruitment of 
veterans to the career Foreign Service. 
(b) DEFINITION.—In this section, the term "veterans" has the 
meaning given that term in section 101(2) of title 38, United States 
Code. 
SEC. 324. REPORT CONCERNING MINORITY EMPLOYMENT. 
On April 1, 2003, and April 1, 2004, the Secretary shall submit 
a comprehensive report to Congress, with respect to the preceding 
calendar year, concerning the employment of members of minority 
groups at the Department, including the Civil Service and the 
Foreign Service. The report shall include the following data 
(reported in terms of real numbers and percentages and not as 
ratios): 
(1) For the last preceding Foreign Service examination 
and promotion cycles for which such information is available— 
(A) the numbers and percentages of members of all 
minority groups taking the written Foreign Service exam-
ination; 
(B) the numbers and percentages of members of all 
minority groups successfully completing and passing the 
written Foreign Service examination; 
(C) the numbers and percentages of members of all 
minority groups successfully completing and passing the 
oral Foreign Service examination; 
(D) the numbers and percentages of members of all 
minority groups entering the junior officer class of the 
Foreign Service; 
(E) the numbers and percentages of members of all 
minority groups who are Foreign Service officers at each 
grade; and 
22 use 2651a 
note. 
116 STAT. 1386 
PUBLIC LAW 107-228—SEPT. 30, 2002 
(F) the numbers and percentages of members of all 
minority groups promoted to each grade of the Foreign 
Service. 
(2) For the last preceding year for Civil Service employment 
at the Department for which such information is available— 
(A) numbers and percentages of members of all 
minority groups entering the Civil Service; 
(B) the number and percentages of members of all 
minority groups who are Civil Service employees at each 
grade of the Civil Service; and 
(C) the number of and percentages of members of all 
minority groups promoted at each grade of the Civil 
Service. 
22 use 2651a 
SEC. 325. USE OF FUNDS AUTHORIZED FOR MINORITY RECRUITMENT. 
"°*^^' 
(a) CONDUCT OF RECRUITMENT ACTIVITIES.— 
(1) IN GENERAL.—^Amounts authorized to be appropriated 
for minority recruitment under section 111(1)(D) shall be used 
only for activities directly related to minority recruitment, such 
as recruitment materials designed to target members of 
minority groups and the travel expenses of recruitment trips 
to colleges, universities, and other institutions or locations. 
(2) LIMITATION.—^Amounts authorized to be appropriated 
for minority recruitment under section 111(1)(D) may not be 
used to pay salaries of employees of the Department. 
(b) RECRUITMENT ACTIVITIES AT ACADEMIC INSTITUTIONS.—The 
Secretary shall expand the recruitment efforts of the Department 
to include not less than 25 percent of the part B institutions 
(as defined under section 322 of the Higher Education Act of 1965) 
in the United States and not less than 25 percent of the Hispanic-
serving institutions (as defined in section 502(a)(5) of such Act) 
in the United States. 
(c) EVALUATION OF RECRUITMENT EFFORTS.—^The Secretary 
shall establish a database relating to efforts to recruit members 
of minority groups into the Foreign Service and the Civil Service 
and shall report to the appropriate congressional committees on 
the evaluation of efforts to recruit such individuals, including an 
analysis of the information collected in the database created under 
this subsection. Such report shall be included in each of the two 
reports required under section 324. 
SEC. 326. ASSIGNMENTS AND DETAILS OF PERSONNEL TO THE AMER-
ICAN INSTITUTE IN TAIWAN. 
Section 503 of the Foreign Service Act of 1980 (22 U.S.C. 
3983) is amended— 
(1) by adding at the end the following new subsection: 
"(d)(1) The Secretary may assign a member of the Service, 
or otherwise detail an employee of the Department, for duty at 
the American Institute in Taiwan, if the Secretary determines that 
to do so is in the national interest of the United States. 
"(2) The head of any other department or agency of the United 
States may, with the concurrence of the Secretary, detail an 
employee of that department or agency to the American Institute 
in Taiwan, if the Secretary determines that to do so is in the 
national interest of the United States. 
"(3) In this subsection, the term 'employee' does not include— 
"(A) a noncareer appointee, limited term appointee, or lim-
ited emergency appointee (as such terms are defined in section 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1387 
3132(a) of title 5, United States Code) in the Senior Executive 
Service; or 
"(B) an employee in a position that has been excepted 
from the competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating character. 
"(4) An assignment or detail under this subsection may be 
made with or without reimbursement from the American Institute 
in Taiwan. 
"(5) The period of an assignment or detail under this subsection 
shall not exceed a total of 6 years, except that the Secretary (or 
any other head of a department or agency of the United States, 
with the concurrence of the Secretary) may extend the period of 
an assignment or detail for an additional period of not more than 
6 years."; and 
(2) in subsection (c), by striking "Assignments" and 
inserting "Except as otherwise provided in subsection (d)(5), 
assignments". 
SEC. 327. ANNUAL REPORTS ON FOREIGN LANGUAGE COMPETENCE. 
Section 702(c) of the Foreign Service Act of 1980 (22 U.S.C. 
4022(c)) is amended— 
(1) by striking "March 31" and inserting "January 31"; 
and 
(2) in paragraph (1), by striking "calendar year" and 
inserting "fiscal year". 
SEC. 328. TRAVEL OF CHILDREN OF MEMBERS OF THE FOREIGN 
SERVICE ASSIGNED ABROAD. 
Section 901(15) of the Foreign Service Act of 1980 (22 U.S.C. 
4081(15)) is amended by striking "port of entry in the contiguous 
48 States which is nearest to that post" and inserting "residence 
of the other parent, or between the post to which the member 
is assigned and the residence of the child if the child does not 
reside with a parent". 
TITLE IV—INTERNATIONAL 
ORGANIZATIONS 
SEC. 401. PAYMENT OF THIRD INSTALLMENT OF ARREARAGES. 
(a) IN GENERAL.—The United Nations Reform Act of 1999 (title 
IX of division A of H.R. 3427, as enacted into law by section 
1000(a)(7) of Public Law 106-113; appendix G; 113 Stat. 150lA-
475) is amended as follows: 
(1) Section 912(b)(3) is amended by striking ", upon the 
certification described in section 941" and inserting the fol-
lowing: "upon a certification described in section 941 with 
respect to the United Nations or a particular designated special-
ized agency, and immediately with respect to organizations 
to which none of the conditions in section 941(b) apply". 
(2) Section 941(a)(2) is amended— 
(A) by striking "also"; 
(B) by striking "in subsection (b)(4)" both places it 
appears; and 
(C) by striking ", if the other conditions in subsection 
(b) are satisfied". 
116 STAT. 1388 
PUBLIC LAW 107-228—SEPT. 30, 2002 
(3) Section 941(a)(3) is amended by striking "and for any 
other organization to which none of the conditions in subsection 
(b) apply". 
(4) Section 941(b)(3) is amended— 
(A) in the paragraph heading, by striking "NEW BUDGET 
PROCEDURES" and inserting "BUDGET PRACTICES"; 
(B) by striking "has estabhshed and"; 
(C) by striking "procedm^es" and inserting "practices"; 
and 
(D) in subparagraphs (A) and (B) by striking "require" 
each place it appears and inserting "result in". 
(5) Section 941(b)(9) is amended— 
(A) in the paragraph heading by striking "NEW BUDGET 
PROCEDURES" and inserting "BUDGET PRACTICES"; 
(B) by striking "Each designated specialized agency 
has established procedures to—" and inserting "The prac-
tices of each designated specialized agency—"; and 
(C) in subparagraphs (A), (B), and (C) by striking 
"require" each place it appears £ind inserting "result in". 
(b) CONFORMING AMENDMENT.—The undesignated paragraph 
under the heading "ARREARAGE PAYMENTS" in title IV of the Depart-
ments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 2000 (as contained in section 1000 
of division B of the Consolidated Appropriations Act, 2000; Public 
113 Stat. 
Law 106-113) is amended— 
1501A-42. 
(1) in the first proviso, by striking "the shsire of the total 
of all assessed contributions for any designated specialized 
agency of the United Nations does not exceed 22 percent for 
any single member of the agency, and"; and 
(2) by inserting after "respective agencies:" the following: 
"Provided further, That none of the funds appropriated or other-
wise made available under this heading for payment of arrear-
ages may be obligated with respect to a designated speciadized 
agency of the United Nations until such time as the share 
of the total of all assessed contributions for that designated 
specialized agency does not exceed 22 percent for any member 
of the agency:". 
(c) TRANSMITTAL OF CERTIFICATIONS TO CONGRESS.—Section 
912(c) of the United Nations Reform Act of 1999 (title IX of division 
A of H.R. 3427, as enacted into law by section 1000(a)(7) of Public 
Law 106-113; appendix G; 113 Stat. 1501A-477) is amended to 
read as follows: 
"(c) ADVANCE CONGRESSIONAL NOTIFICATION.—Funds made 
available piu-suant to section 911 may be obligated and expended 
only if the appropriate certification has been submitted to the 
appropriate congressional committees 15 days prior to payment 
of the funds, in the case of a certification submitted with respect 
to funds made available for fiscal year 2000.". 
SEC. 402. LIMITATION ON THE UNITED STATES SHARE OF ASSESS-
MENTS FOR UNITED NATIONS PEACEKEEPING OPER-
ATIONS IN CALENDAR YEARS 2001 THROUGH 2004. 
(a) IN GENERAL.—Section 404(b)(2) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e 
note) is amended— 
(1) by striking "Funds" and inserting "(A) IN GENERAL.— 
Except as provided in subparagraph (B), funds"; and 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1389 
(2) by adding at the end the following: 
"(B) REDUCTION IN UNITED STATES SHARE OF ASSESSED 
CONTRIBUTIONS.—Notwithstanding the percentage limita-
tion contained in subparagraph (A), the United States share 
of assessed contributions for each United Nations peace-
keeping operation during the following periods is author-
ized to be as follows: 
"(i) For assessments made during calendar year 
2001, 28.15 percent. 
"(ii) For assessments made during calendar year 
2002, 27.90 percent. 
"(iii) For assessments made during calendar year 
2003, 27.40 percent. 
"(iv) For assessments made during calendar year 
2004, 27.40 percent.". 
(b) CONFORMING AMENDMENTS TO PUBLIC LAW 92-544.—Title 
I of the Departments of State, Justice, and Commerce, the Judiciary, 
and Related Agencies Appropriation Act, 1973 (22 U.S.C. 287e 
note) is amended— 
(1) in the next to the last sentence of the undesignated 
paragraph under the heading "CONTRIBUTIONS TO INTER-
NATIONAL ORGANIZATIONS" in Public Law 92-544 (22 U.S.C. 
287e note), by striking "After" and inserting "Subject to section 
404(b)(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (22 U.S.C. 287e note), after"; and 
(2) in the last sentence of the undesignated paragraph 
under 
the 
heading 
"CONTRIBUTIONS 
TO 
INTERNATIONAL 
ORGANIZATIONS" in Public Law 92-544 (22 U.S.C. 287e note)— 
(A) by striking "Appropriations are authorized" and 
inserting "Subject to section 404(b)(2) of the Foreign Rela-
tions Authorization Act, Fiscal Years 1994 and 1995 (22 
U.S.C. 287e note), appropriations are authorized"; and 
(B) by striking "(other than United Nations peace-
keeping operations) conducted" and inserting "conducted 
by or under the auspices of the United Nations or". 
SEC. 403. LIMITATION ON THE UNITED STATES SHARE OF ASSESS-
MENTS FOR UNITED NATIONS REGULAR BUDGET. 
The United Nations Participation Act of 1945 (22 U.S.C. 287 
et seq.) is amended by adding at the end the following new section: 
"SEC. 11. LIMITATION ON THE UNITED STATES SHARE OF ASSESS- 22 USC 287e-3. 
MENTS FOR UNITED NATIONS REGULAR BUDGET. 
"None of the funds available to the Department of State shall 
be used to pay the United States share of assessed contributions 
for the regular budget of the United Nations in an amount greater 
than 22 percent of the total of all assessed contributions for that 
budget.". 
SEC. 404. PROMOTION OF SOUND FINANCIAL PRACTICES BY THE 
UNITED NATIONS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) In the early 1980s, the United States Government began 
to pay United States assessments to certain international 
organizations in the last quarter of the calendar year in which 
they were due. This practice allowed the United States to 
pay its annual assessment to the United Nations and other 
116 STAT. 1390 
PUBLIC LAW 107-228—SEPT. 30, 2002 
international organizations with the next fiscal year's appro-
priations, taking advantage of the fact that international 
organizations operate on calendar years. It also allowed the 
United States to reduce budgetary outlays, making the United 
States budget deficit appear smaller. 
(2) The United States, which is assessed 22 percent of 
the United Nations regular budget, now pays its dues at least 
10 months late, and often later depending on when the relevant 
appropriation is enacted. 
(3) This practice causes the United Nations to operate 
throughout much of the year without a significant portion of 
its operating budget. By midyear, the budget is usually 
depleted, forcing the United Nations to borrow from its separate 
peacekeeping budget (the organization is prohibited from 
external borrowing). As a result, countries that contribute to 
United Nations peacekeeping missions are not reimbursed on 
a timely basis. 
(4) For years, the United States has been encouraging 
the United Nations and other international organizations to 
engage in sound, fiscally responsible budgetary practices. In 
fact, many of the conditions in United States law for paying 
nearly $1,000,000,000 in debt to the United Nations and other 
international organizations are aimed at this goal. But late 
payment of United States dues forces the United Nations and 
other international organizations to engage in budgetary prac-
tices that are neither sound nor responsible. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the United States should initiate a process to synchronize the 
pa5anent of its assessments to the United Nations and other inter-
national organizations over a multiyear period so that the United 
States can resume paying its dues to such international organiza-
tions at the beginning of each calendar year. 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—In addition to amounts otherwise avail-
able for the purpose of payment of the United States assessed 
contributions to the United Nations and other international 
organizations, there are authorized to be appropriated such 
sums as may be necessary to carry out the policy described 
in subsection (b). 
(2) AVAILABILITY OF FUNDS.—^Amounts appropriated pursu-
ant to paragraph (1) are authorized to remain available until 
expended. 
SEC. 405. REPORTS TO CONGRESS ON UNITED NATIONS ACTIVITIES. 
(a) AMENDMENTS TO UNITED NATIONS PARTICIPATION ACT.— 
Section 4 of the United Nations Participation Act (22 U.S.C. 287b) 
is amended— 
(1) by striking subsections (b) and (c); 
(2) by inserting after subsection (a) the following new sub-
section: 
DeadHne. 
"(b) ANNUAL REPORT ON FINANCIAL CONTRIBUTIONS.—^Not l a t e r 
than July 1 of each year, the Secretary of State shall submit 
a report to the designated congressional committees on the extent 
and disposition of all financial contributions made by the United 
States during the preceding year to international organizations 
in which the United States participates as a member."; 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1391 
Deadline. 
Reports. 
(3) in subsection (e)(5) by striking subparagraph (B) and 
inserting the following: 
"(B) ANNUAL REPORT.—The President shall submit an President. 
annual report to the designated congressional committees 
on all assistance provided by the United States during 
the preceding calendar year to the United Nations to sup-
port peacekeeping operations. Each such report shall 
describe the assistance provided for each such operation, 
listed by category of assistance."; and 
(4) by redesignating subsections (d), (e), (f), and (g) as 
subsections (c), (d), (e), and (f), respectively, 
(b) CONFORMING AMENDMENTS.— 
(1) Section 2 of Pubhc Law 81-806 (22 U.S.C. 262a) is 
amended by striking the last sentence. 
(2) Section 409 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (22 U.S.C. 287e note), is amended 
by striking subsection (d). 
SEC. 406. USE OF SECRET BALLOTS WITHIN THE UNITED NATIONS. 
Not later than 120 days after the date of enactment of this 
Act, the Secretary shall submit a report to the appropriate congres-
sional committees containing a detailed analysis, and a determina-
tion based on such analysis, on whether the use of secret ballots 
within the United Nations and the specialized agencies of the 
United Nations serves the interests of the United States. 
SEC. 407. SENSE OF CONGRESS RELATING TO MEMBERSHIP OF THE 
UNITED STATES IN UNESCO. 
It is the sense of Congress that the President, having announced 
that the United States will rejoin the United Nations Educational, 
Scientific, and Cultural Organization (UNESCO), should submit 
a report to the appropriate congressional committees— 
(1) describing the merits of renewing the membership and 
participation of the United States in UNESCO; and 
(2) detailing the projected costs of United States member-
ship in UNESCO. 
SEC. 408. UNITED STATES MEMBERSHIP ON THE UNITED NATIONS 
22 USC 287 note. 
COMMISSION ON HUMAN RIGHTS AND INTERNATIONAL 
NARCOTICS CONTROL BOARD. 
The United States, in connection with its voice and vote in 
the United Nations General Assembly and the United Nations 
Economic and Social Council, sheJl make every reasonable effort— 
(1) to secure a seat for the United States on the United 
Nations Commission on Human Rights; 
(2) to secure a seat for a United States national on the 
United Nations International Narcotics Control Board; and 
(3) to prevent membership on the Human Rights Commis-
sion by any member nation the government of which, in the 
judgment of the Secretary, based on the Department's Annual 
Country Reports on Human Rights and the Annual Report 
on International Report on Religious Freedom, consistently vio-
lates internationally recognized human rights or has engaged 
in or tolerated particularly severe violations of religious freedom 
in that country. 
99-194 O - 03 - 20 : QL 3 Part 2 
116 STAT. 1392 
PUBLIC LAW 107-228—SEPT. 30, 2002 
SEC. 409. PLAN FOR ENHANCED DEPARTMENT OF STATE EFFORTS 
TO PLACE UNITED STATES CITIZENS IN POSITIONS OF 
EMPLOYMENT IN THE UNITED NATIONS AND ITS 
SPECIALIZED AGENCIES. 
Deadline. 
Not later than 180 days after the date of enactment of this 
Reports. 
Act, the Secretary shall submit to the appropriate congressional 
committees a report containing a plan that provides for— 
(1) proposals to reverse the decline in recent years in 
funding and personnel resources devoted to the placement of 
United States citizens in positions within the United Nations 
system; 
(2) steps to intensify coordinated, high-level diplomatic 
efforts to place United States citizens in senior posts in the 
United Nations Secretariat and the specialized agencies of the 
United Nations; and 
(3) appropriate mechanisms to address the underrepresen-
tation, relative to the United States share of assessed contribu-
tions to the United Nations, of United States citizens in junior 
positions within the United Nations and its specialized agen-
cies. 
TITLE 
V—UNITED 
STATES 
INTER-
NATIONAL 
BROADCASTING 
ACTIVI-
TIES 
SEC. 501. MODIFICATION OF LIMITATION ON GRANT AMOUNTS TO RFE/ 
RL, INCORPORATED. 
Section 308(c) of the United States International Broadcasting 
Act of 1994 (22 U.S.C. 6207(c)) is amended to read as follows: 
"(c) The total amount of grants made for the operating costs 
of RFE/RL, Incorporated, may not exceed $85,000,000 in fiscal 
year 2003.". 
SEC. 502. PAY PARITY FOR SENIOR EXECUTIVES OF RFE/RL, INCOR-
PORATED. 
Section 308(h)(1) of the United States International Broad-
casting Act of 1994 (22 U.S.C. 6207(h)(1)) is amended— 
(1) by adding at the end the following new subparagraph: 
"(C) Notwithstanding the limitations under subparagraph 
(A), grant funds provided under this section may be used by 
RFE^L, Incorporated, to pay up to three employees employed 
in Washington, D.C., salary or other compensation not to exceed 
the rate of pay payable for level III of the Executive Schedule 
under section 5314 of title 5, United States Code."; and 
(2) in subparagraph (A), by striking "(B)," and inserting 
"(B) or (C),". 
SEC. 503. AUTHORITY TO CONTRACT FOR LOCAL BROADCASTING 
SERVICES OUTSIDE THE UNITED STATES. 
Section 802(b)(4) of the United States Information and Edu-
cational Exchange Act of 1948 (22 U.S.C. 1472(b)(4)) is amended— 
(1) by inserting before the period the following: "and is 
authorized to enter into contracts for periods not to exceed 
ten years to acquire local broadcasting services outside the 
United States"; and 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1393 
(2) by striking "United States Information Agency" and 
inserting "Broadcasting Board of Governors". 
SEC. 504. PERSONAL SERVICES CONTRACTING PILOT PROGRAM. 
22 USC 6206 
(a) IN GENERAL.—The Director of the International Broad-
casting Bureau (in this section referred to as the "Director") may 
estabhsh a pilot program (in this section referred to as the "pro-
gram") for the purpose of hiring United States citizens or aliens 
as personal services contractors, without regard to Civil Service 
and classification laws, for service in the United States as broad-
casters, producers, and writers in the International Broadcasting 
Bureau to respond to new or emerging broadcast needs or to aug-
ment broadcast services. 
(b) CONDITIONS.—^The Director is authorized to use 
the 
authority of subsection (a) subject to the following conditions: 
(1) The Director determines that existing 
personnel 
resources are insufficient and the need is not of permanent 
duration. 
(2) The Director approves each employment of a personal 
services contractor. 
(3) The contract length, including options, may not exceed 
2 years, unless the Director makes a finding that exceptional 
circumstances justify an extension of up to one additional year. 
(4) Not more than a total of 60 United States citizens 
or aliens are employed at any one time as personal services 
contractors under the program. 
(c) TERMINATION OF AUTHORITY.—^The authority to award per-
sonal services contracts under the pilot program authorized by 
this section shall terminate on December 31, 2005. A contract 
entered into prior to the termination date under this subsection 
may remain in effect for a period not to exceed 6 months after 
such termination date. 
SEC. 505. TRAVEL BY VOICE OF AMERICA CORRESPONDENTS. 
(a) EXEMPTION FROM RESPONSIBILITIES OF THE SECRETARY.— 
Section 103(a)(1)(A) of the Omnibus Diplomatic Security and 
Antiterrorism Act of 1986 (22 U.S.C. 4802(a)(1)(A)) is amended 
in the parenthetical clause by inserting "Voice of America cor-
respondents on official assignment and" after "other than". 
(b) EXEMPTION FROM CHIEF OF MISSION RESPONSIBILITIES.— 
Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) 
is amended— 
(1) in the parenthetical clause in subsection (a)(1), by 
inserting "Voice of America correspondents on official assign-
ment and" after "except for"; 
(2) in the parenthetical clause in subsection (a)(2), by 
inserting "Voice of America correspondents on official assign-
ment and" after "except for"; and 
(3) in the parenthetical clause in subsection (b), by inserting 
"Voice of America correspondents on official assignment and" 
after "except for". 
SEC. 
5
0
6
. 
REPORT 
ON 
BROADCASTING 
PERSONNEL. 
Not later than 120 days after the date of the enactment of Deadline, 
this Act, the Broadcasting Board of Grovernors shall submit to 
the appropriate congressional committees a report regarding senior 
personnel of the United States Broadcasting Board of Governors 
and efforts to diversify the workforce. The report shall include 
116 STAT. 1394 
PUBLIC LAW 107-228—SEPT. 30, 2002 
the following information, reported separately, for the International 
Broadcasting Bureau, RFE/RL, Incorporated, and Radio Free Asia: 
(1) A list of all personnel positions at or above the GS-
13 pay level. 
(2) The number and percentage of women and members 
of minority groups in positions under paragraph (1). 
(3) The increase or decrease in the representation of women 
and members of minority groups in positions under paragraph 
(1) from previous years. 
(4) The recruitment budget for each broadcasting entity 
and the aggregate budget. 
(5) Information concerning the recruitment efforts of the 
Broadcasting Board of Governors relating to women and mem-
bers of minority groups, including the percentage of the recruit-
ment budget utilized for such efforts. 
SEC. 507. CONFORMING AMENDMENTS. 
The United States International Broadcasting Act of 1994 (22 
U.S.C.6201 et seq.) is amended— 
(1) in section 305(a)(4) (22 U.S.C. 6204(a)(4)), by striking 
"annually,," and inserting "annually,"; and 
(2) in section 313(a) (22 U.S.C. 6212(a)), in the text above 
paragraph (1), by striking "the direction and". 
TITLE VI—MISCELLANEOUS 
PROVISIONS 
Middle East 
Peace 
Commitments 
Act of 2002. 
Subtitle A—Middle East Peace 
Commitments Act of 2002 
SEC. 601. SHORT TITLE. 
This subtitle may be cited as the "Middle East Peace Commit-
ments Act of 2002". 
SEC. 602. FINDINGS. 
Congress makes the following findings: 
(1) In 1993, the Palestine Liberation Organization (in this 
subtitle referred to as the "PLO") made the following commit-
ments in an exchange of letters with the Prime Minister of 
Israel: 
(A) Recognition of the right of the State of Israel to 
exist in peace and security. 
(B) Acceptance of United Nations Security Council 
Resolutions 242 and 338. 
(C) Resolution of all outstanding issues in the conflict 
between the two sides through negotiations and exclusively 
peaceful means. 
(D) Renunciation of the use of terrorism and all other 
acts of violence and responsibility over all PLO elements 
and personnel in order to assure their compliance, prevent 
violations, and discipline violators. 
(2) The Palestinian Authority, the governing body of auton-
omous Palestinian territories, was created as a result of agree-
ments between the PLO and the State of Israel that are a 
direct outgrowth of the commitments made in 1993. 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1395 
(3) Congress has provided authorities to the President to 
suspend certain statutory restrictions relating to the PLC, sub-
ject to Presidential certifications that the PLC has continued 
to abide by commitments made. 
SEC. 603. REPORTS. 
(a) IN GENERAL.—The President shall, at the times specified President, 
in subsection (b), transmit to the appropriate congressional commit-
tees a report on compliance by the PLC or the Palestinian Authority, 
as appropriate, with each of the commitments specified in section 
602(1). The report shall include, with respect to each such commit-
ment, the determination of the President as to whether or not 
the PLO or the Palestinian Authority, as appropriate, has complied 
with that commitment during the period since the submission of 
the preceding report or, in the case of the initial report, during 
the preceding six-month period. In the event that the President 
imposed one or more sanctions under section 604 during the period 
covered by the report, the report shall include a description of 
each such sanction imposed. 
(b) TRANSMISSION.—^The initial report required under subsection Deadline. 
(a) shall be transmitted not later than 60 days after the date 
of enactment of this Act. Each subsequent report shall be submitted 
on the date on which the President is next required to submit 
a report under the P.L.O. Commitments Compliance Act of 1989 
(title VIII of Public Law 101-246) and may be combined with 
such report. 
SEC. 604. IMPOSITION OF SANCTIONS. 
(a) IN GENERAL.—If, in any report transmitted pursuant to 
section 603, the President determines that the PLO or the Pales-
tinian Authority, as appropriate, has not complied with each of 
the commitments specified in section 602(1), or if the President 
fails to make a determination with respect to such compliance, 
the President shall, for a period of time not less than the period 
described in subsection (b), impose one or more of the following 
sanctions: 
(1) DENIAL OF VISAS TO PLO AND PALESTINIAN AUTHORITY 
OFFICIALS.—^The Secretary shall direct consular officers not to 
issue a visa to any member of the PLO or any official of 
the Palestinian Authority. 
(2) DOWNGRADE IN STATUS OF PLO OFFICE IN THE UNITED 
STATES.—^Notwithstanding any other provision of law, the Presi-
dent shall withdraw or terminate any waiver by the President 
of the requirements of section 1003 of the Foreign Relations 
Authorization Act of 1988 and 1989 (22 U.S.C. 5202) (prohib-
iting the establishment or maintenance of a Palestinian 
information office in the United States), and such section shall 
apply so as to prohibit the operation of a PLO or Palestinian 
Authority office in the United States from carrying out any 
function other than those functions carried out by the Pales-
tinian information office in existence prior to the Oslo Accords. 
(3) DESIGNATION AS A FOREIGN TERRORIST ORGANIZATION.— 
The Secretary shall designate the PLO, or one or more of 
its constituent groups (including Fatah and Tanzim) or groups 
operating as arms of the Palestinian Authority (including Force 
17), as a foreign terrorist organization, in accordance with 
section 219(a) of the Immigration and Nationality Act. 
116 STAT. 1396 
PUBLIC LAW 107-228—SEPT. 30, 2002 
Tibetan Policy 
Act of 2002. 
22 use 6901 
note. 
22 use 6901 
note. 
22 use 6901 
note. 
Deadline. 
22 use 6901 
note. 
22 use 6901 
note, 6912. 
(4) PROHIBITION ON UNITED STATES ASSISTANCE TO THE 
WEST BANK AND GAZA.—United States assistance (except 
humanitarian assistance) may not be provided to programs 
or projects in the West Bank or Gaza. 
(b) DURATION OF SANCTIONS.—The period of time referred to 
in subsection (a) is the period of time commencing on the date 
that the report pursuant to section 603 was transmitted and ending 
on the later of— 
(1) the date that is 180 days after such date; or 
(2) the date that the next report under section 603 is 
required to be transmitted. 
(c) WAIVER AUTHORITY.—The President may waive any sanction 
imposed under subsection (a) if the President determines that such 
a waiver is in the national security interest of the United States. 
The President shall report such a determination to the appropriate 
congressional committees. 
Subtitle B—Tibet Policy 
SEC. 611. SHORT TITLE. 
This subtitle may be cited as "Tibetan PoHcy Act of 2002". 
SEC. 612. STATEMENT OF PURPOSE. 
The purpose of this subtitle is to support the aspirations of 
the Tibetan people to safeguard their distinct identity. 
SEC. 613. TIBET NEGOTIATIONS. 
(a) POLICY.— 
(1) IN GENERAL.—The President and the Secretary should 
encourage the Government of the People's Republic of China 
to enter into a dialogue with the Dalai Lama or his representa-
tives leading to a negotiated agreement on Tibet. 
(2) COMPLIANCE.—^After such an agreement is reached, the 
President and the Secretary should work to ensure compliance 
with the agreement. 
(b) PERIODIC REPORTS.—Not later than 180 days after the date 
of the enactment of this Act, and every 12 months thereafter, 
the President shall transmit to the appropriate congressional 
committees a report on— 
(1) the steps taken by the President and the Secretary 
in accordance with subsection (a)(1); and 
(2) the status of any discussions between the People's 
Republic of China and the Dalai Lama or his representatives. 
SEC. 614. REPORTING ON TIBET. 
Whenever a report is transmitted to Congress under section 
116 or 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151m, 2304) or under section 102(b) of the International Religious 
Freedom Act of 1998 (22 U.S.C. 6412(b)), Tibet shall be included 
in such report as a separate section. 
SEC. 615. CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S 
REPUBLIC OF CHINA. 
Section 302(h) of the U.S.-China Relations Act of 2000 (PubHc 
Law 106-286), relating to the Congressional-Executive Commission 
on the People's Republic of China, is amended— 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1397 
(1) by striking "shall include specific information" and 
inserting the following: "shall include— 
"(1) specific information"; 
(2) by striking the period at the end and inserting "; and"; 
and 
(3) by adding at the end the following: 
"(2) a description of the status of negotiations between 
the Government of the People's Republic of China and the 
Dalai Lama or his representatives, and measures taken to 
safeguard Tibet's distinct historical, religious, cultural, and lin-
guistic identity and the protection of human rights.". 
SEC. 616. ECONOMIC DEVELOPMENT IN TIBET. 
22 USC 6901 
(a) DECLARATIONS OF POLICY.—It is the policy of the United 
°°*^' 
States to support economic development, cultural preservation, 
health care, and education and environmental sustainability for 
Tibetans inside Tibet. In support of this policy, the United States 
shall use its voice and vote to support projects designed in accord-
ance with the principles contained in subsection (d) that are 
designed to raise the standard of living for the Tibetan people 
and assist Tibetans to become self-sufficient. 
(b) INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of 
the Treasury shall instruct the United States executive director 
of each international financial institution to use the voice and 
vote of the United States to support projects in Tibet, if the projects 
are designed in accordance with the principles contained in sub-
section (d). 
(c) EXPORT-IMPORT BANK AND TDA.—^The Export-Import Bank 
of the United States and the Trade and Development Agency should 
support projects proposed to be funded or otherwise supported by 
such entities in Tibet, if the projects are designed in accordance 
with the principles contained in subsection (d). 
(d) TIBET PROJECT PRINCIPLES.—Projects in Tibet supported 
by international financial institutions, other international organiza-
tions, nongovernmental organizations, and the United States enti-
ties referred to in subsection (c), should— 
(1) be implemented only after conducting a thorough assess-
ment of the needs of the Tibetan people through field visits 
and interviews; 
(2) be preceded by cultural and environmental impact 
assessments; 
(3) foster self-sufficiency and self-reliance of Tibetans; 
(4) promote accountability of the development agencies to 
the Tibetan people and active participation of Tibetans in all 
project stages; 
(5) respect Tibetan culture, traditions, and the Tibetan 
knowledge and wisdom about their landscape and survival tech-
niques; 
(6) be subject to on-site monitoring by the development 
agencies to ensure that the intended target group benefits; 
(7) be implemented by development agencies prepared to 
use Tibetan as the working language of the projects; 
(8) neither provide incentive for, nor facilitate the migration 
and settlement of, non-Tibetans into Tibet; and 
(9) neither provide incentive for, nor facilitate the transfer 
of ownership of, Tibetan land or natural resources to non-
Tibetans. 
X 
116 STAT. 1398 
PUBLIC LAW 107-228—SEPT. 30, 2002 
22 u s e 6901 
SEC. 617. RELEASE OF PRISONERS AND ACCESS TO PRISONS. 
The President and the Secretary, in meetings with representa-
tives of the Government of the People's RepubHc of China, should— 
(1) request the immediate and unconditional release of 
all those held prisoner for expressing their political or religious 
views in Tibet; 
(2) seek access for international humanitarian organiza-
tions to prisoners in Tibet to ensure that prisoners are not 
being mistreated and are receiving necessary medical care; 
and 
(3) seek the immediate medical parole of Tibetan prisoners 
known to be in serious ill health. 
22 u s e 6901 
SEC. 618. ESTABLISHMENT OF A UNITED STATES BRANCH OFFICE IN 
note 
LHASA, TIBET. 
The Secretary should make best efforts to establish an office 
in Lhasa, Tibet, to monitor political, economic, and cultural develop-
ments in Tibet. 
22 u s e 6901 
SEC. 619. REQUIREMENT FOR TIBETAN LANGUAGE TRAINING. 
The Secretary shall ensure that Tibetan language training is 
available to Foreign Service officers, and that every effort is made 
to ensure that a Tibetan-speaking Foreign Service officer is assigned 
to a United States post in the People's Republic of China responsible 
for monitoring developments in Tibet. 
22 u s e 6901 
SEC. 620. RELIGIOUS PERSECUTION IN TIBET. 
^°^' 
(a) HIGH-LEVEL CONTACTS.—Pursuant to section 105 of the 
International Religious Freedom Act of 1998 (22 U.S.C. 6414), the 
United States Ambassador to the People's Republic of China 
should— 
(1) meet with the 11th Panchen Lama, who was taken 
from his home on May 17, 1995, and otherwise ascertain 
information concerning his whereabouts and well-being; and 
(2) request that the Government of the People's Republic 
of China release the 11th Panchen Lama and allow him to 
pursue his religious studies without interference and according 
to tradition. 
(b) PROMOTION OF INCREASED ADVOCACY.—Pursuant to section 
108(a) of the International Religious Freedom Act of 1998 (22 U.S.C. 
6417(a)), it is the sense of Congress that representatives of the 
United States Government in exchanges with officials of the Govern-
ment of the People's Republic of China should call for and otherwise 
promote the cessation of all interference by the Government of 
the People's Republic of China or the Communist Party in the 
religious affairs of the Tibetan people. 
22 u s e 6901 
SEC. 621. UNITED STATES SPECIAL COORDINATOR FOR TIBETAN 
note. 
ISSUES. 
(a) 
UNITED 
STATES 
SPECIAL 
COORDINATOR 
FOR 
TIBETAN 
ISSUES.—^There shall be within the Department a United States 
Special Coordinator for Tibetan Issues (in this section referred 
to as the "Special Coordinator"). 
(b) CONSULTATION.—The Secretary shall consult with the chair-
men and ranking minority members of the appropriate congres-
sional committees prior to the designation of the Special Coordi-
nator. 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1399 
(c) CENTRAL OBJECTIVE.—The central objective of the Special 
Coordinator is to promote substantive dialogue between the Gk)vern-
ment of the People's Republic of China and the Dalai Lama or 
his representatives. 
(d) DUTIES AND RESPONSIBILITIES.—The Special Coordinator 
shall— 
(1) coordinate United States Government policies, pro-
grams, and projects concerning Tibet; 
(2) vigorously promote the policy of seeking to protect the 
distinct religious, cultural, linguistic, and national identity of 
Tibet, and pressing for improved respect for human rights; 
(3) maintain close contact with religious, cultural, and polit-
ical leaders of the Tibetan people, including regular travel 
to Tibetan areas of the People's Republic of China, and to 
Tibetan refugee settlements in India and Nepal; 
(4) consult with Congress on policies relevant to Tibet 
and the future and welfare of the Tibetan people; 
(5) make efforts to establish contacts in the foreign min-
istries of other countries to pursue a negotiated solution for 
Tibet; and 
(6) take all appropriate steps to ensure adequate resources, 
staff, and bureaucratic support to fulfill the duties and respon-
sibilities of the Special Coordinator. 
Subtitle C—East Timor Transition to 
East Timor 
Independence Act of 2002 
independence Act 
of 2002. 
SEC. 631. SHORT TITLE. 
22 USC 2656 
This subtitle may be cited as the "East Timor Transition to 
Independence Act of 2002". 
SEC. 632. BILATERAL ASSISTANCE. 
22 USC 2656 
(a) AUTHORITY.—^The President, acting through the Adminis-
trator of the United States Agency for International Development, 
is authorized to— 
(1) support the development of civil society, including non-
governmental organizations in East Timor; 
(2) promote the development of an independent news 
media; 
(3) support job creation, including support for small busi-
ness and microenterprise programs, environmental protection, 
sustainable development, development of East Timor's health 
care infrastructure, 
educational 
programs, and 
programs 
strengthening the role of women in society; 
(4) promote reconciliation, conflict resolution, and preven-
tion of further conflict with respect to East Timor, including 
establishing accountability for past gross human rights viola-
tions; 
(5) support the voluntary and safe repatriation and re-
integration of refugees into East Timor; 
(6) support political party development, voter education, 
voter registration, and other activities in support of free and 
fair elections in East Timor; and 
(7) promote the development of the rule of law. 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
116 STAT. 1400 
PUBLIC LAW 107-228—SEPT. 30, 2002 
22 use 2656 
note. 
22 use 2656 
note. 
Records. 
22 use 2656 
note. 
22 use 2656 
note. 
22 use 2656 
note. 
President. 
(1) IN GENERAL.—There is authorized to be appropriated 
to the President to carry out this section $25,000,000 for the 
fiscal year 2003. 
(2) AVAILABILITY.—^Amounts appropriated pursuant to the 
authorization of appropriations under paragraph (1) are author-
ized to remain available until expended. 
SEC. 633. MULTILATERAL ASSISTANCE. 
The Secretary of the Treasury shall instruct the United States 
executive director at each international financial institution to 
which the United States is a member to use the voice, vote, and 
influence of the United States to support economic and democratic 
development in East Timor. 
SEC. 634. TRADE AND INVESTMENT ASSISTANCE. 
(a) OPIC.—^The President should initiate negotiations with the 
Government of East Timor to enter into a new agreement author-
izing 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 Develop-
ment Agency is authorized to carry out projects in East Timor 
under section 661 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2421). 
(2) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—^There are authorized to be appro-
priated to the Trade and Development Agency to carry 
out this subsection $1,000,000 for fiscal year 2003. 
(B) AVAILABILITY.—^Amounts appropriated pursuant to 
the authorization of appropriations under subparagraph 
(A) are authorized to remain available until expended. 
(c) EXPORT-IMPORT BANK.—The Export-Import Bank of the 
United States should expand its activities in connection with exports 
to East Timor to the extent such activities are requested and 
to the extent there is a reasonable assurance of repayment, 
SEC. 635. GENERAUZED SYSTEM OF PREFERENCEa 
As soon as possible after the enactment of this Act, the United 
States Trade Representative and the Commissioner of Customs 
should send an assessment team to East Timor to compile a list 
of duty-free eligible products so that the Government of East Timor 
can begin the process of applying for Greneral System of Preference 
benefits. 
SEC. 636. AUTHORITY FOR RADIO BROADCASTING. 
The Broadcasting Board of Governors should broadcast to East 
Timor in an appropriate language or languages, 
SEC. 637. SECURITY ASSISTANCE FOR EAST TIMOR. 
(a) STUDY AND REPORT.— 
(1) STUDY.—The President shall conduct a study to 
determine— 
(A) the extent to which East Timor's security needs 
can be met by the transfer of excess defense articles under 
section 516 of the Foreign Assistance Act of 1961; 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1401 
(B) the extent to which international miUtary education 
and training (IMET) assistance will enhance profes-
sionalism of the armed forces of East Timor, provide 
training in human rights, and promote respect for human 
rights and humanitarian law; and 
(C) the terms and conditions under which such defense 
articles or training, as appropriate, should be provided. 
(2) REPORT.—Not later than 180 days after the date of 
the enactment of this Act, the President shall transmit to 
the appropriate congressional committees a report that contains 
the findings of the study conducted under paragraph (1). 
(b) AUTHORIZATION OF ASSISTANCE.— 
(1) IN GENERAL.—Beginning on the date on which Congress 
receives the report transmitted under subsection (a)(2), or the 
date on which Congress receives the certification transmitted 
under paragraph (2), whichever occurs later, the President 
is authorized— 
(A) to transfer excess defense articles under section 
516 of the Foreign Assistance Act of 1961 (22 U.S.C. 232Ij) 
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 para-
graph is a certification that— 
(A) East Timor has established an independent armed 
forces; and 
(B) the assistance proposed to be provided pursuant 
to paragraph (1)— 
(i) is in the national security interests of the 
United States; and 
(ii) will promote both human rights in East Timor 
and the professionalization of the armed forces of East 
Timor. 
SEC. 638. REPORTING REQUIREMENT. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, and every 12 months thereafter for the 
next five years, the Secretary shall prepare and transmit to the 
appropriate congressional committees a report that contains the 
information described in subsection (b). 
(b) INFORMATION.—^The report required by subsection (a) shall 
include— 
(1) developments in East Timor's political and economic 
situation in the period covered by the report, including an 
evaluation of any elections which have occurred in East Timor 
and the refugee reintegration process in East Timor; 
(2) in the initial report, a 3-year plan for United States 
foreign assistance to East Timor in accordance with section 
632, prepared by the Administrator of the United States Agency 
for International Development, which outlines the goals for 
United States foreign assistance to East Timor during the 
3-year period; 
(3) a description of the activities undertaken in East Timor 
by the International Bank for Reconstruction and Development, 
the Asian Development Bank, and other international financial 
Deadline. 
Effective date. 
22 use 2656 
note. 
Deadline. 
116 STAT. 1402 
PUBLIC LAW 107-228—SEPT. 30, 2002 
institutions, and an evaluation of the effectiveness of these 
activities; 
(4) an assessment of the status of United States trade 
and investment relations with East Timor, including a detailed 
analysis of any trade and investment-related activity supported 
by the Overseas Private Investment Corporation, the Export-
Import Bank of the United States, or the Trade and Develop-
ment Agency during the period of time since the previous 
report; 
(5) a comprehensive study and report on local agriculture 
in East Timor, emerging opportunities for producing, proc-
essing, and exporting indigenous agricultural products, and 
recommendations for appropriate technical assistance from the 
United States; and 
(6) statistical data drawn from other sources on economic 
growth, health, education, and distribution of resources in East 
Timor. 
C
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Subtltlc D—Clean WatcF foF the Americas 
the Americas 
T* 
j 
i . • 
Partnership Act 
Jr'artnerS 
Jllp 
of 2002. 
22 use 2151p 
SEC. 641. SHORT TITLE. 
This subtitle may be cited as the "Clean Water for the Americas 
Partnership Act of 2002". 
22USC2151p 
SEC. 642. DEFINITIONS. 
In this subtitle: 
(1) JOINT PROJECT.—^The term "joint project" means a 
project between a United States association or nonprofit entity 
and a Latin American or Caribbean association or nongovern-
mental organization. 
(2) 
LATIN AMERICAN OR CARIBBEAN 
NONGOVERNMENTAL 
ORGANIZATION.—^The term "Latin American or Caribbean non-
governmental organization" includes any institution of higher 
education, any private nonprofit entity involved in international 
education activities, or any research institute or other research 
organization, based in the region. 
(3) REGION.—The term "region" refers to the region com-
prised of the member countries of the Organization of American 
States (other than the United States and Canada). 
(4) UNITED STATES ASSOCIATION.—^The term "United States 
association" means a business league described in section 
501(c)(6) of the Internal Revenue Code of 1986 (26 U.S.C. 
501(c)(6)), and exempt from taxation under section 501(a) of 
such Code (26 U.S.C. 501(a)). 
(5) UNITED STATES NONPROFIT ENTITY.—^The term "United 
States nonprofit entity" includes any institution of higher edu-
cation (as defined in section 101(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1001(a)), any private nonprofit entity 
involved in international education activities, or any research 
institute or other research organization, based in the United 
States. 
22USC2151p 
SEC. 643. ESTABLISHMENT OF PROGRAM. 
The President is authorized to establish a program which shall 
be known as the "Clean Water for the Americas Partnership". 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1403 
SEC. 644. EISrS^RONMENTAL ASSESSMENT. 
22 USC 2151p 
The President is authorized to conduct a comprehensive assess-
ment of the environmental problems in the region to determine— 
(1) which environmental problems threaten human health 
the most, particularly the health of the urban poor; 
(2) which environmental problems are most threatening, 
in the long-term, to the region's natural resources; 
(3) which countries have the most pressing environmental 
problems; and 
(4) whether and to what extent there is a market for 
United States environmental technology, practices, knowledge, 
and innovations in the region. 
SEC. 645. ESTABLISHMENT OF TECHNOLOGY AMERICA CENTERS. 
22 USC 2151p 
(a) AUTHORITY TO ESTABLISH.—^The President, acting through 
^°^' 
the Director General of the United States and Foreign Commercial 
Service of the Department of Commerce, is authorized to establish 
Technology America Centers (TEAMs) in the region to serve the 
entire region and, where appropriate, to establish TEAMs in urban 
areas of the region to focus on urban environmental problems. 
(b) FUNCTIONS.—^The TEAMs would link United States private 
sector environmental technology firms with local partners, both 
public and private, by providing logistic and information support 
to United States firms seeking to fmd local partners and opportuni-
ties for environmental projects. TEAMs should emphasize assisting 
United States small businesses. 
(c) LOCATION.—In determining whether to locate a TEAM in 
a country, the President, acting through the Director General of 
the United States and Foreign Commercial Service of the Depart-
ment of Commerce, shall take into account the country's need 
for logistic and informational support and the opportunities pre-
sented for United States firms in the country. A TEAM may be 
located in a country without regard to whether a mission of the 
United States Agency for International Development is established 
in that country. 
SEC. 646. P R O M O T I O N OF WATER QUALITY, WATER TREATMENT SYS- 
Grants. 
TEMS, AND ENERGY EFFICIENCY. 
22 USC 2151p 
note. 
Subject to the availability of appropriations, the President is 
authorized to provide matching grants to United States associations 
and United States nonprofit entities for the purpose of promoting 
water quality, water treatment systems, and energy efficiency in 
the region. The grants shall be used to support joint projects, 
including professional exchanges, academic fellowships, training 
programs in the United States or in the region, cooperation in 
regulatory review, development of training materials, the establish-
ment and development in the region of local chapters of the associa-
tions or nonprofit entities, and the development of online exchanges. 
SEC. 647. GRANTS FOR PREFEASIBIUTY STUDIES WITHIN A DES- 
22 USC 2151p 
IGNATED SUBREGION. 
note. 
(a) GRANT AUTHORITY.— 
(1) IN GENERAL.—Subject to the availability of appropria-
tions, the Director of the Trade and Development Agency is 
authorized to make grants for prefeasibility studies for water 
projects in any country within a single subregion or in a single 
country designated under paragraph (2). 
116 STAT. 1404 
PUBLIC LAW 107-228—SEPT. 30, 2002 
(2) DESIGNATION OF SUBREGION.—The Director of the Trade 
and Development Agency shall designate in advance a single 
subregion or a single country for purposes of paragraph (1). 
(b) MATCHING REQUIREMENT.—The Director of the Trade and 
Development Agency may not make any grant under this section 
unless there are made available non-Federal contributions in an 
amount equal to not less than 25 percent of the amount of Federal 
funds provided under the grant. 
(c) LIMITATION PER SINGLE PROJECT.—^With respect to any 
single project, grant funds under this section shall be available 
only for the prefeasibility portion of that project. 
(d) DEFINITIONS.—In this section: 
(1) PREFEASIBILITY.—^The term "prefeasibility" means, with 
respect to a project, not more than 25 percent of the design 
phase of the project. 
(2) SUBREGION.—^The term "subregion" means an area 
within the region and includes areas such as Central America, 
the Andean region, and the Southern cone. 
22 use 2151p 
SEC. 648. CLEAN WATER TECHNICAL SUPPORT COMMITTEE. 
(a) IN GENERAL.—^The President is authorized to establish a 
Clean Water Technical Support Committee (in this section referred 
to as the "Committee") to provide technical support and training 
services for individual water projects. 
(b) COMPOSITION.—The Committee shall consist of international 
investors, lenders, water service providers, suppliers, advisers, and 
others with a direct interest in accelerating development of water 
projects in the region. 
(c) FUNCTIONS.—Members of the Committee shall act as field 
advisers and may form specialized working groups to provide in-
country training and technical assistance, and shall serve as a 
source of technical support to resolve barriers to project develop-
ment. 
22 use 2151p 
SEC. 649. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—^There are authorized to be appropriated to 
the President $10,000,000 for each of the fiscal years 2003, 2004, 
and 2005 to carry out this subtitle. 
(b) AVAILABILITY OF FUNDS.—^Funds appropriated pursuant to 
subsection (a) are authorized to remain available until expended. 
DeadUne. 
SEC. 650. REPORT. 
PrGsiuGnt 
22 use 2151? 
Eighteen months after the establishment of the program pursu-
note. 
ant to section 643, the President shall submit a report to the 
appropriate congressional committees containing— 
(1) an assessment of the progress made in carrying out 
the program established under this subtitle; and 
(2) any recommendations for the enactment of legislation 
to make changes in the program established under this subtitle. 
22 use 2151p 
SEC. 651. TERMINATION DATE. 
(a) IN GENERAL.—Except as provided in subsection (b), the 
authorities of this subtitle shall terminate 3 years after the date 
of establishment of the program described in section 643. 
(b) EXCEPTION.—In lieu of the termination date specified in 
subsection (a), the termination required by that subsection shall 
take effect five years after the date of establishment of the program 
described in section 643 if, prior to the termination date specified 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1405 
in subsection (a), the President determines and certifies to the 
appropriate congressional committees that it would be in the 
national interest of the United States to continue the program 
described in such section 643 for an additional 2-year period. 
SEC. 652. EFFECTIVE DATE. 
This subtitle shall take effect 90 days after the date of enact-
ment of this Act. 
22 use 2l51p 
note. 
Subtitle E—Freedom Investment Act of 
2002 
SEC. 661. SHORT TITLE. 
This subtitle may be cited as the "Freedom Investment Act 
of 2002". 
SEC. 662. PURPOSES. 
The purposes of this subtitle are the following: 
(1) To underscore that promoting and protecting human 
rights is in the national interests of the United States and 
is consistent with American values and beliefs. 
(2) To establish a goal of devoting one percent of the 
funds available to the Department under "Diplomatic and Con-
sular Programs", other than such funds that will be made 
available for worldwide security upgrades and information 
resource management, to enhance the ability of the United 
States to promote respect for human rights and the protection 
of human rights defenders. 
SEC. 663. HUMAN RIGHTS ACTIVITIES AT THE DEPARTMENT OF STATE. 
(a) 
INCREASING 
RESOURCES 
AND 
IMPORTANCE 
OF 
HUMAN 
RIGHTS.—It is the sense of Congress that— 
(1) the budget for the Bureau of Democracy, Human Rights, 
and Labor for fiscal years 2003 and 2004 should be substantially 
increased so that beginning in fiscal year 2005, and each fiscal 
year thereafter, not less than 1 percent of the amounts made 
available to the Department under the heading "Diplomatic 
and Consular Programs", other than amounts made available 
for worldwide security upgrades and information resource 
management, should be made available for salaries and 
expenses of the Bureau of Democracy, Human Rights, and 
Labor; and 
(2) any assignment of an individual to a political officer 
position at a United States mission abroad that has the primary 
responsibility for monitoring human rights developments in 
a foreign country should be made upon the recommendation 
of the Assistant Secretary of State for Democracy, Human 
Rights, and Labor in conjunction with the head of the Depart-
ment's regional bureau having primary responsibility for that 
country. 
(b) PLAN RELATED TO HUMAN RIGHTS ACTIVITIES.—^Not later 
than 180 days after the date of enactment of this Act, the Secretary 
shall submit to the appropriate congressional committees a report 
containing a plan for the Department designed to achieve the fol-
lowing objectives: 
Freedom 
Investment Act 
of2002. 
Human rights. 
22 u s e 2151 
note. 
22 u s e 2151n-2 
note. 
Deadline. 
116 STAT. 1406 
PUBLIC LAW 107-228—SEPT. 30, 2002 
(1) Improving the integration of human rights poHcy into 
the Department's overall policy formulation and implementa-
tion. 
(2) Achieving closer communication and policy coordination 
between the Bureau of Democracy, Human Rights, and Labor 
and the regional bureaus of the Department, both within the 
United States and at overseas posts. 
(3) Assigning individuals recommended by the Bureau of 
Democracy, Human Rights, and Labor, in conjunction with 
the relevant Department regional bureau, to political officer 
positions at United States missions abroad that have the pri-
mary responsibility for monitoring human rights developments 
in foreign countries. 
22 use 2151n-2. 
SEC. 664. HUMAN RIGHTS AND DEMOCRACY FUND. 
(a) ESTABLISHMENT OF FUND.—There is established a Human 
Rights and Democracy Fund (in this section referred to as the 
"Fund") to be administered by the Assistant Secretary of State 
for Democracy, Human Rights, and Labor. 
(b) PURPOSES OF FUND.—^The purposes of the Fund shall be— 
(1) to support defenders of human rights; 
(2) to assist the victims of human rights violations; 
(3) to respond to human rights emergencies; 
(4) to promote and encourage the growth of democracy, 
including the support for nongovernmental organizations in 
foreign countries; and 
(5) to carry out such other related activities as are con-
sistent with paragraphs (1) through (4). 
(c) FUNDING.— 
(1) IN GENERAL.—Of the amounts made available to carry 
out chapter 4 of part II of the Foreign Assistance Act of 1961 
for fiscal year 2003, $21,500,000 is authorized to be available 
to the Fund for carrying out the purposes described in sub-
section (b). Amounts made available to the Fund under this 
paragraph shall also be deemed to have been made available 
under section 116(e) of the Foreign Assistance Act of 1961 
(22U.S.C. 2151n(e)). 
(2) ALLOCATION OF FUNDS FOR THE DOCUMENTATION CENTER 
OF CAMBODIA.—Of the amount authorized to be available to 
the Fund under paragraph (1) for fiscal year 2003, $1,000,000 
is authorized to be available for the Documentation Center 
of Cambodia for the purpose of collecting, cataloguing, and 
disseminating information about the atrocities committed by 
the Khmer Rouge against the Cambodian people. 
(3) FATHER JOHN KAISER MEMORIAL FUND.—Of the amount 
authorized to be available to the Fund under paragraph (1) 
for fiscal year 2003, $500,000 is authorized to be available 
to advance the extraordinary work and values of Father John 
Kaiser with respect to solving ethnic conflict and promoting 
government accountability and respect for human rights. The 
amount made available under this paragraph may be referred 
to as the "Father John Kaiser Memorial Fund". 
SEC. 665. REPORTS ON ACTIONS TAKEN BY THE UNITED STATES TO 
ENCOURAGE RESPECT FOR HUMAN RIGHTS. 
(a) SECTION 116 REPORT.—Section 116(d) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2151n(d)) is amended— 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1407 
(1) in paragraph (7), by striking "and" at the end and 
inserting a semicolon; 
(2) in paragraph (8), by striking the period at the end 
and inserting "; and"; and 
(3) by adding at the end the following: 
"(9) for each country with respect to which the report 
indicates that extrajudicial killings, torture, or other serious 
violations of human rights have occurred in the country, the 
extent to which the United States has taken or will take action 
to encourage an end to such practices in the country.". 
(b) SECTION 502B REPORT.—Section 502B(b) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended by inserting 
after the fourth sentence the following: "Such report shall also 
include, for each country with respect to which the report indicates 
that extrajudicial killings, torture, or other serious violations of 
human rights have occurred in the country, the extent to which 
the United States has taken or will take action to encourage an 
end to such practices in the country.". 
(c) SEPARATE REPORT.—The information to be included in the 22 use 2i5in 
report required by sections 116(d) and 502B(b) of the Foreign Assist- note. 
ance Act of 1961 pursuant to the amendments made by subsections 
(a) and (b) may be submitted by the Secretary as a separate report. 
If the Secretary elects to submit such information as a separate 
report, such report shall be submitted not later than 30 days 
after the date of submission of the report required by section 116(d) 
and 502B(b) of the Foreign Assistance Act of 1961. 
Subtitle F—Elimination and Streamlining 
of Reporting Requirements 
SEC. 671. ELIMINATION OF CERTAIN REPORTING REQUIREMENTS. 
The following provisions of law are hereby repealed: 
(1) ECONOMIC POLICY AND TRADE PRACTICES.—Section 2202 
of the Omnibus Trade and Competitiveness Act of 1988 (15 
U.S.C. 4711). 
(2) ANNUAL REPORTS ON ECONOMIC AND SOCIAL GROWTH.— 
Section 574 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1996 (22 U.S.C. 2394 
note). 
(3) REPORTING REQUIREMENTS REGARDING CERTAIN LEASES 
OF REAL PROPERTY.—Section 488(a)(3) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2291g(3); relating to reporting require-
ments regarding certain leases of real property). 
(4) REPORTING REQUIREMENTS REGARDING PLACEMENT OF 
SENIOR 
FOREIGN SERVICE PERSONNEL.—Section 324 of the 
Admiral James W. Nance and Meg Donovan Foreign Relations 
Authorization Act, Fiscal Years 2000 and 2001 (section 324 
of division A of H.R. 3427, as enacted into law by section 
1000(a)(7) of Public Law 106-113; appendix G; 113 Stat. 1501A-
437). 
22 use 3945 
SEC. 672. BIENNIAL REPORTS ON PROGRAMS TO ENCOURAGE GOOD 
GOVERNANCE. 
(a) CONVERSION OF ANNUAL REPORTS TO BIENNIAL REPORTS.— 
Section 133(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2152c(d)) is amended— 
note. 
116 STAT. 1408 
PUBLIC LAW 107-228—SEPT. 30, 2002 
(1) in the subsection heading, by striking "ANNUAL REPORT" 
and inserting "BIENNIAL REPORTS"; and 
(2) in paragraph (1)— 
(A) in the text above subparagraph (A), by striking 
"an annual report" and inserting "a biennial report"; 
(B) in subparagraph (A), by striking "prior year" and 
inserting "preceding two-year period"; and 
(C) in subparagraph (B), by striking "prior year" and 
inserting "preceding two-year period". 
Deadline. 
(b) TRANSITION.—The first biennial report under section 133(d) 
22 use 2152c 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2152c(d)), as 
^°^- 
amended by subsection (a), is required to be submitted not later 
than two years after the date of submission of the last annual 
report required under such section 133 (as in effect before the 
date of enactment of this Act). 
Subtitle G—Other Matters 
SEC. 
681. AMENDMENTS TO THE IIVTERNATIONAL RELIGIOUS 
FREEDOM ACT OF 1998. 
(a) VIOLATIONS OF RELIGIOUS FREEDOM.—Section 102(b)(1)(B) 
of the International Religious Freedom Act of 1998 (22 U.S.C. 
6412(b)(1)(B)) is amended by inserting "including policies that 
discriminate against particular religious groups or members of such 
groups," after "the existence of government policies violating reli-
gious freedom,". 
(b) ESTABLISHMENT OF STAGGERED TERMS OF MEMBERS OF 
COMMISSION.—Section 201(c) of such Act (22 U.S.C. 6431(c)) is 
amended by adding after paragraph (1) the following new para-
graph: 
"(2) ESTABLISHMENT OF STAGGERED TERMS.— 
"(A) IN GENERAL.—^Notwithstanding paragraph (1), 
members of the Commission appointed to serve on the 
Commission during the period May 15, 2003, through May 
14, 2005, shall be appointed to terms in accordance with 
the provisions of this paragraph. 
"(B) PRESIDENTIAL APPOINTMENTS.—Of the three mem-
bers of the Commission appointed by the President under 
subsection (b)(l)(B)(i), two shall be appointed to a 1-year 
term and one shall be appointed to a 2-year term. 
"(C) APPOINTMENTS BY THE PRESIDENT PRO TEMPORE 
OF THE SENATE.—Of the three members of the Commission 
appointed by the President pro tempore of the Senate under 
subsection (b)(l)(B)(ii), one of the appointments made upon 
the recommendation of the leader in the Senate of the 
political party that is not the political party of the President 
shall be appointed to a 1-year term, and the other two 
appointments under such clause shall be 2-year terms. 
"(D) APPOINTMENTS BY THE SPEAKER OF THE HOUSE 
OF REPRESENTATIVES.—Of the three members of the 
Commission appointed by the Speaker of the House of 
Representatives under subsection (b)(l)(B)(iii), one of-the 
appointments made upon the recommendation of the leader 
in the House of the political party that is not the political 
party of the President shall be to a 1-year term, and 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1409 
the other two appointments under such clause shall be 
2-year terms. 
"(E) APPOINTMENTS TO I-YEAR TERMS.—^The term of 
each member of the Commission appointed to a 1-year 
term shall be considered to have begun on May 15, 2003, 
and shall end on May 14, 2004, regardless of the date 
of the appointment to the Commission. Each vacancy which 
occurs upon the expiration of the term of a member 
appointed to a 1-year term shall be filled by the appoint-
ment of a successor to a 2-year term. 
"(F) APPOINTMENTS TO 2-YEAR TERMS.—Each appoint-
ment of a member to a two-year term shall identify the 
member succeeded thereby, and each such term shall end 
on May 14 of the year that is at least two years after 
the expiration of the previous term, regardless of the date 
of the appointment to the Commission.". 
(c) ELECTION OF CHAIR OF COMMISSION.—Section 201(d) of such 
Act (22 U.S.C. 6431(d)) is amended by striking "in each calendar" 
and inserting "after May 30 of each". 
(d) VACANCIES.—Section 201(g) of such Act (22 U.S.C. 6431(g)) 
is amended by adding at the end the following: "A member may 
serve after the expiration of that member's term until a successor 
has taken office. Any member appointed to fill a vacancy occurring 
before the expiration of the term for which the member's predecessor 
was appointed shall be appointed only for the remainder of that 
term.". 
(e) AUTHORIZATIONS OF APPROPRIATIONS.—Section 207(a) of 
such Act (22 U.S.C. 6435(a)) is amended by inserting "for the 
fiscal year 2003" after "$3,000,000". 
(f) PROCUREMENT OF NONGOVERNMENTAL SERVICES.—^The third 
sentence of section 208(c)(1) of such Act (22 U.S.C. 6435a(c)(l)) 
is amended to read as follows: "The Commission may procure tem-
porary and intermittent services under the authority of section 
3109(b) of title 5, United States Code, except that the Commission 
may not expend more than $100,000 in any fiscal year to procure 
such services.". 
(g) REVISED TERMINATION DATE OF COMMISSION.—Section 209 
of the International Religious Freedom Act of 1998 (22 U.S.C. 
6436) is amended by striking "May 14, 2003" and inserting "Sep-
tember 30, 2011". 
SEC. 682. AMENDMENTS TO THE VICTIMS OF TRAFFICKING AND 
VIOLENCE PROTECTION ACT OF 2000. 
(a) ASSISTANCE FOR VICTIMS IN OTHER COUNTRIES.—Section 
107(a)(1) of the Victims of Trafficking and Violence Protection Act 
of 2000 (22 U.S.C. 7105(a)(1)) is amended by adding at the end 
the following: "In addition, such programs and initiatives shall, 
to the maximum extent practicable, include the following: 
"(A) Support for local in-country nongovernmental 
organization-operated hotlines, culturally and linguistically 
appropriate protective shelters, and regional and inter-
national nongovernmental organization networks and data-
bases on trafficking, including support to assist nongovern-
mental organizations in establishing service centers and 
systems that are mobile and extend beyond large cities. 
"(B) Support for nongovernmental organizations and 
advocates to provide legal, social, and other services and 
116 STAT. 1410 
PUBLIC LAW 107-228—SEPT. 30, 2002 
assistance to trafficked 
individuals, particularly those 
individuals in detention. 
"(C) Education and training for trafficked women and 
girls. 
"(D) The safe integration or reintegration of trafficked 
individuals into an appropriate community or family, with 
full respect for the wishes, dignity, and safety of the traf-
ficked individual. 
"(E) Support for developing or increasing programs 
to assist families of victims in locating, repatriating, and 
treating their trafficked family members, in assisting the 
voluntary repatriation of these family members or their 
integration or resettlement into appropriate communities, 
and in providing them with treatment.". 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 113 of the 
Victims of Trafficking and Violence Protection Act of 2000 (22 
U.S.C. 7110) is amended— 
(1) in subsection (a), by striking "for fiscal year 2002" 
and inserting "for each of the fiscal years 2002 and 2003"; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking "and $10,000,000 for 
fiscal year 2002" and inserting ", $10,000,000 for fiscal 
year 2002, and $15,000,000 for fiscal year 2003"; and 
(B) in paragraph (2)— 
(i) by striking "there are authorized to be appro-
priated to the Secretary of State" and inserting "there 
is authorized to be appropriated to the Secretary of 
State for each of the fiscal years 2001, 2002, and 2003"; 
and 
(ii) by striking "for fiscal year 2001" and inserting 
"for such fiscal year"; and 
(3) in paragraphs (1) and (2) of subsection (e), by striking 
"and $10,000,000 for fiscal year 2002" each place it appears 
and inserting ", $10,000,000 for fiscal year 2002, and 
$15,000,000 for fiscal year 2003". 
SEC. 683. ANNUAL HUMAN RIGHTS COUNTRY REPORTS ON CHILD SOL-
DIERS. 
(a) 
COUNTRIES RECEIVING ECONOMIC ASSISTANCE.—Section 
116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)), 
as amended by section 665(a) of this Act, is further amended— 
(1) in paragraph (8), by striking "and" at the end; 
(2) in paragraph (9), by striking the period at the end 
and inserting "; and"; and 
(3) by adding at the end the following: 
"(10)(A) wherever applicable, a description of the nature 
and extent— 
"(i) of the compulsory recruitment and conscription 
of individuals under the age of 18 by armed forces of 
the government of the country, government-supported 
paramilitaries, or other armed groups, and the participa-
tion of such individuals in such groups; and 
"(ii) that such individuals take a direct part in hos-
tilities; 
"(B) what steps, if any, taken by the government of the 
country to eliminate such practices; and 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1411 
"(C) such other information related to the use by such 
government of individuals under the age of 18 as soldiers, 
as determined to be appropriate by the Secretary.", 
(b) 
COUNTRIES RECEIVING 
SECURITY ASSISTANCE.—Section 
502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) 
is amended by inserting after the sixth sentence the following: 
"Each report under this section shall also include (i) wherever 
applicable, a description of the nature and extent of the compulsory 
recruitment and conscription of individuals under the age of 18 
by armed forces of the government of the country, government-
supported paramilitaries, or other armed groups, the participation 
of such individuals in such groups, and the nature and extent 
that such individuals take a direct part in hostilities, (ii) what 
steps, if any, taken by the government of the country to eliminate 
such practices, and (iii) such other information related to the use 
by such government of individuals under the age of 18 as soldiers, 
as determined to be appropriate by the Secretary of State.". 
SEC. 684. EXTENSION OF AUTHORITY FOR CAUCUS ON INTERNATIONAL 
NARCOTICS CONTROL. 
Section 814(i) of the Foreign Relations Authorization Act, Fiscal 
Years 1986 and 1987 (PubHc Law 99-93) is amended by striking 22USC2291 
"2002" and inserting "2005". 
note. 
SEC. 685. PARTICIPATION OF SOUTH ASIAN COUNTRIES IN INTER-
NATIONAL LAW ENFORCEMENT. 
The Secretary shall ensure, where practicable, that appropriate 
government officials from countries in the South Asia region shall 
be eligible to attend courses at the International Law Enforcement 
Academy located in Bangkok, Thailand, and Budapest, Hungary, 
consistent with other provisions of law, with the goal of enhancing 
regional cooperation in the fight against transnational crime. 
SEC. 686. PAYMENT OF ANTI-TERRORISM JUDGMENTS. 
Section 2002(a)(2)(A)(ii) of the Victims of Trafficking 
and 
Violence Protection Act of 2000 (Public Law 106-386; 114 Stat. 
1542)) is amended by striking "or July 27, 2000" and inserting 
"June 6, 2000, July 27, 2000, or January 16, 2002". 
SEC. 687. REPORTS ON PARTICIPATION BY SMALL BUSINESSES IN 22 USC 2352 
PROCUREMENT CONTRACTS OF USAID. 
note. 
(a) INITIAL REPORT.—Not later than 120 days after the date Deadline, 
of the enactment of this Act, the Administrator shall submit to 
the designated congressional committees a report that contains 
the following: 
(1) For each of the fiscal years 2000, 2001, and 2002: 
(A) The total number of the contracts that were 
awarded by the Agency to— 
(i) all small businesses; 
(ii) small business concerns owned and controlled 
by socially and economically disadvantaged individuals; 
(iii) small business concerns owned and controlled 
by women; 
(iv) small businesses participating in the program 
under section 8(a) of such Act (15 U.S.C. 637(a)); and 
(v) qualified HUBZone small business concerns. 
(B) The percentage of all contracts awarded by the 
Agency that were awarded to the small businesses in each 
116 STAT. 1412 
PUBLIC LAW 107-228—SEPT. 30, 2002 
category of small businesses specified in clauses (i) through 
(v) of subparagraph (A), as computed on the basis of dollar 
amounts. 
(C) Of all contracts awarded by the Agency for perform-
ance in the United States, the percentage of the contracts 
that were awarded to the small businesses in each category 
of small businesses specified in clauses (i) through (v) of 
subparagraph (A), as computed on the basis of dollar 
amounts. 
(D) To the extent available— 
(i) the total number of grant and cooperative agree-
ments that were made by the Agency to the small 
businesses in each category of small businesses speci-
fied in clauses (i) through (v) of subparagraph (A); 
(ii) the percentage of all grant and cooperative 
agreements awarded by the Agency that were awarded 
to 
small businesses 
in 
each category 
of 
small 
businesses specified in clauses (i) through (v) of 
subparagraph (A), as computed on the basis of dollar 
amounts; and 
(iii) of all grant and cooperative agreements made 
by the Agency to entities in the United States, the 
percentage of the grant and cooperative agreements 
that were awarded to small businesses in each category 
of small businesses specified in clauses (i) through 
(v) of subparagraph (A), as computed on the basis 
of dollar amounts. 
(E) To the extent available— 
(i) the total dollar amount of all subcontracts 
entered into with the small businesses in each category 
specified in clauses (i) through (v) of subparagraph 
(A) by the prime contractors for contracts entered into 
by the Agency; and 
(ii) the percentage of all contracts entered mto 
by the Agency that were performed under subcontracts 
described in clause (i), as computed on the basis of 
dollar amounts. 
(2) An analysis of any specific industries or sectors that 
are underrepresented by small businesses in the awarding of 
contracts by the Agency and, to the extent such information 
is available, such analysis pertaining to the making of grants 
and cooperative agreements by the Agency. 
(3) A specific plan of outreach, including measurable 
achievement milestones, to increase the total number of con-
tracts that are awarded by the Agency, and the percentage 
of all contracts awarded by the Agency (computed on the basis 
of dollar amount) that are awarded, to— 
(A) all small businesses; 
(B) small business concerns owned and controlled by 
socially and economically disadvantaged individuals; 
(C) small business concerns owned and controlled by 
women; 
(D) small businesses participating in the program 
under section 8(a) of such Act (15 U.S.C. 637(a)); and 
(E) qualified HUBZone small business concerns, 
in order to meet the statutory and voluntary targets established 
by the Agency and the Small Business Administration, with 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1413 
a particular focus on the industries or sectors identified in 
paragraph (2). 
(4) Any other information the Administrator determines 
appropriate. 
(b) PLAN TO INCREASE SMALL BUSINESS CONTRACTING.—^The 
plan required for the report under subsection (a)(3) shall include 
the following matters: 
(1) Proposals and milestones that apply to all contracts 
entered into by or on behalf of the Agency in Washington, 
B.C., and proposals and milestones that apply to all contracts 
entered into by or on behalf of the Agency by offices outside 
Washington, B.C. 
(2) Proposals and milestones of the Agency to increase 
the amount of subcontracting to businesses described in such 
subsection (a)(3) by the prime contractors of the Agency. 
(3) With the milestones described in paragraph (2), a 
description of how the Administrator plans to use the failure 
of a prime contractor to meet goals as a ranking factor for 
evaluating any other submission from the contractor for future 
contracts by the Agency. 
(c) ANNUAL REPORTS.—Not later than January 31, 2004, Deadlines. 
January 31, 2005, and January 31, 2006, the Administrator shall 
submit to the designated congressional committees a report for 
the preceding fiscal year that contains a description of the percent-
age of total contract and grant and cooperative agreement dollar 
amounts that were entered into by the Agency, and the total number 
of contracts and grants and cooperative agreements that were 
awarded by the Agency, to small businesses in each category speci-
fied in clauses (i) through (v) of subsection (a)(1)(A) during such 
fiscal year. The report for a fiscal year shall include, separately 
stated for contracts and grant and cooperative agreements entered 
into by the Agency, the percentage of the contracts and grant 
and cooperative agreements, respectively, that were awarded to 
small businesses in each such category, as computed on the basis 
of dollar amounts. The report shall also include a description of 
achievements toward measurable milestones for direct contracts 
of the Agency entered into by offices outside of Washington, B.C., 
and for subcontracting by prime contractors of the Agency. 
(d) BEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—^The term "Administrator" means the 
Administrator of the United States Agency for International 
Bevelopment. 
(2) AGENCY.—^The term "Agency" means the United States 
Agency for International Bevelopment. 
(3) BESIGNATED CONGRESSIONAL COMMITTEES.—^The term 
"designated congressional committees" means— 
(A) the Committee on International Relations and the 
Committee on Small Business of the House of Representa-
tives; and 
(B) the Committee on Foreign Relations and the Com-
mittee on Small Business of the Senate. 
SEC. 688. PROGRAM TO IMPROVE BUILDING CONSTRUCTION AND 
22 USC 2152e. 
PRACTICES IN LATIN AMERICAN COUNTRIES. 
(a) IN GENERAL.—The President, acting through the Adminis-
trator of the United States Agency for International Bevelopment, 
is authorized, under such terms and conditions as the President 
116 STAT. 1414 
PUBLIC LAW 107-228—SEPT. 30, 2002 
may determine, to carry out a program to improve building construc-
tion codes and practices in Ecuador, El Salvador, and other Latin 
American countries (in this section referred to as the "program"), 
(b) PROGRAM DESCRIPTION.— 
(1) IN GENERAL.—The program shall be in the form of 
grants to, or contracts with, organizations described in para-
graph (2) to support the following activities: 
(A) TRAINING.—^Training of appropriate professionals 
in Latin America from both the public and private sectors 
to enhance their understanding of building and housing 
codes and standards. 
(B) TRANSLATION AND DISTRIBUTION.—^Translating and 
distributing in the region detailed construction manuals, 
model building codes, and publications from organizations 
described in paragraph (2), including materials 
that 
address zoning, egress, fire and life safety, plumbing, sew-
age, sanitation, electrical installation, mechanical installa-
tion, structural engineering, and seismic design. 
(C) OTHER ASSISTANCE.—Offering other relevant assist-
ance as needed, such as helping government officials 
develop seismic micro-zonation maps or draft pertinent 
legislation, to implement building codes and practices that 
will help improve the resistance of buildings and housing 
in the region to seismic activity and other natural disasters. 
(2) COVERED ORGANIZATIONS.—Grants and contracts pro-
vided under this section shall be carried out through United 
States organizations with expertise in the areas described in 
paragraph (1), including the American Society of Testing Mate-
rials, the Underwriters Laboratories, the American Society of 
Mechanical Engineers, the American Society of Civil Engineers, 
the American Society of Heating, Refrigeration, and Air Condi-
tioning Engineers, the International Association of Plumbing 
and Mechanical Officials, the International Code Council, and 
the National Fire Protection Association. 
SEC. 689. SENSE OF CONGRESS RELATING TO HIV/AIDS AND UNITED 
NATIONS PEACEKEEPING OPERATIONS. 
It is the sense of the Congress that the President should direct 
the Secretary and the United States Representative to the United 
Nations to urge the United Nations to adopt an HIV/AIDS mitiga-
tion strategy as a component of United Nations peacekeeping oper-
ations. 
SEC. 690. SENSE OF CONGRESS RELATING TO MAGEN DAVID ADOM 
SOCIETY. 
(a) FINDINGS.—Congress finds the following: 
(1) It is the mission of the International Red Cross and 
Red Crescent Movement to prevent and alleviate human suf-
fering wherever it may be found, without discrimination. 
(2) The International Red Cross and Red Crescent Move-
ment is a worldwide institution in which all national Red 
Cross and Red Crescent societies have equal status. 
(3) The Magen David Adom Society is the national humani-
tarian society in the State of Israel, 
(4) Since 1949 the Magen David Adom Society has been 
refused admission into the International Red Cross and Red 
Crescent Movement and has been relegated to observer status 
without a vote because it has used the Red Shield of David, 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1415 
the only such national organization denied membership in the 
Movement. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the International Committee of the Red Cross should 
immediately recognize the Magen David Adom Society; 
(2) the Federation of Red Cross and Red Crescent Societies 
should grant full membership to the Magen David Adom Society 
immediately following recognition by the International Com-
mittee of the Red Cross of the Magen David Adom Society 
as a full member of the International Committee of the Red 
Cross; 
(3) the Red Shield of David should be accorded the same 
protections under international law as the Red Cross and the 
Red Crescent; and 
(4) the tJnited States should continue to press for full 
membership for the Magen David Adom Society in the Inter-
national Red Cross Movement. 
SEC. 691. SENSE OF CONGRESS REGARDING THE LOCATION OF PEACE 
CORPS OFFICES ABROAD. 
It is the sense of the Congress that, to the degree permitted 
by security considerations, the Secretary should give favorable 
consideration to requests by the Director of the Peace Corps that 
the Secretary exercise his authority under section 606(a)(2)(B) of 
the Secure Embassy Construction and Counterterrorism Act of 1999 
(22 U.S.C. 4865(a)(2)(B)) to waive certain requirements of that 
Act in order to permit the Peace Corps to maintain offices in 
foreign countries at locations separate from the United States 
embassy. 
SEC. 692. SENSE OF CONGRESS RELATING TO RESOLUTION OF THE 
TAIWAN STRAIT ISSUE. 
It is the sense of the Congress that Taiwan is a mature democ-
racy that fully respects human rights and it is the policy of the 
United States that any resolution of the Taiwan Strait issue must 
be peaceful and include the assent of the people of Taiwan. 
SEC. 693. SENSE OF CONGRESS RELATING TO DISPLAY OF THE AMER-
ICAN FLAG AT THE AMERICAN INSTITUTE IN TAIWAN. 
It is the sense of the Congress that the American Institute 
in Taiwan and the residence of the director of the American 
Institute in Taiwan should publicly display the flag of the United 
States in the same manner as United States embassies, consulates, 
and official residences throughout the world. 
SEC. 694. REPORTS ON ACTIVITIES IN COLOMBIA. 
22 USC 2291 
(a) REPORT ON REFORM ACTIVITIES.— 
(1) IN GENERAL.—^Not later than 180 days after the date Deadlines. 
of the enactment of this Act, and not later than April 1 of 
each year thereafter, the Secretary shall submit to the appro-
priate congressional committees a report on the status of activi-
ties funded or authorized, in whole or in part, by the Depart-
ment or the Department of Defense in Colombia to promote 
alternative 
development, 
recovery 
and 
resettlement 
of 
internally displaced persons, judicial reform, the peace process, 
and human rights. 
(2) CONTENTS.—Each such report shall contain the fol-
lowing: 
116 STAT. 1416 
PUBLIC LAW 107-228—SEPT. 30, 2002 
(A) A summary of activities described in paragraph 
(1) during the previous 12-month period. 
(B) An estimated timetable for the conduct of such 
activities in the subsequent 12-month period. 
(C) An explanation of any delay in meeting timetables 
contained in the previous report submitted in accordance 
with this subsection. 
(D) An assessment of steps to be taken to correct 
any delays in meeting such timetables. 
(b) REPORT ON CERTAIN CouNTERNARCOTics ACTIVITIES.— 
(1) DECLARATION OF POLICY.—It is the policy of the United 
States to encourage the transfer of counternarcotics activities 
carried out in Colombia by United States businesses that have 
entered into agreements with the Department or the Depart-
ment of Defense to conduct such activities, to Colombian 
nationals, 
in 
particular 
personnel 
of the 
Colombian 
antinarcotics police, when properly qualified personnel are 
available. 
Deadlines. 
(2) REPORT.—Not later than 180 days after the date of 
the enactment of this Act, and not later than April 1 of each 
year thereafter, the Secretary shall submit to the appropriate 
congressional committees a report on the activities of United 
States businesses that have entered into agreements in the 
previous 12-month period with the Department or the Depart-
ment of Defense to carry out counternarcotics activities in 
Colombia. 
(3) CONTENTS.—Each such report shall contain the fol-
lowing: 
(A) The name of each United States business described 
in paragraph (2) and description of the counternarcotics 
activities carried out by the business in Colombia. 
(B) The total value of all payments by the Department 
and the Department of Defense to each such business for 
such activities. 
(C) A written statement justifying the decision by the 
Department and the Department of Defense to enter into 
an agreement with each such business for such activities. 
(D) An assessment of the risks to personal safety and 
potential involvement in hostilities incurred by employees 
of each such business as a result of their activities in 
Colombia. 
(E) A plan to provide for the transfer of the counter-
narcotics activities carried out by such United States 
businesses to Colombian nationals, in particular personnel 
of the Colombian antinarcotics police. 
(4) DEFINITION.—In this subsection, the term "United 
States business" means any person (including any corporation, 
partnership, or other organization) that is subject to the juris-
diction of the United States or organized under the laws of 
the United States, but does not include any person (including 
any corporation, partnership, or other organization) that per-
forms contracts involving personal services. 
SEC. 695. REPORT ON UNITED STATES-SPONSORED ACTIVITIES IN 
COLOMBIA. 
(a) FINDINGS.—Congress makes the following findings: 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1417 
(1) Heroin originating from Colombia is beginning to domi-
nate the illicit market of that narcotic in the United States 
partly because law enforcement has struggled to interdict effec-
tively what is often voluminous importations of small quantities 
of Colombia's inexpensive and pure heroin. 
(2) Destruction of opium, from which heroin is derived, 
at its source in Colombia is traditionally one of the best strate-
gies to combat the heroin crisis in the United States, according 
to Federal law enforcement officials. 
(3) There is a growing alarm concerning the spillover effect 
of Plan Colombia on Ecuador, a frontline state. The northern 
region of Ecuador, including the Sucumbios province, is an 
area of particular concern. 
(4) As a result of Plan Colombia-related activities, drug 
traffickers, guerrillas, and paramilitary groups have made 
incursions from Colombia into Ecuador, increasing the level 
of violence and delinquency in the border region. 
(b) REPORT TO CONGRESS.—^Not later than 150 days after the Deadline, 
date of enactment of this Act, the Secretary shall submit a report 
to the appropriate congressional committees which sets forth a 
statement of policy and comprehensive strategy for United States 
activities in Colombia related to— 
(1) the eradication of all opium cultivation at its source 
in Colombia; and 
(2) the impact of Plan Colombia on Ecuador and the other 
adjacent countries to Colombia. 
SEC. 696. REPORT ON EXTRADITION POLICY AND PRACTICE. 
Not later than May 1, 2003, the Secretary shall submit a Deadline, 
report to the appropriate congressional committees on extradition 
practice between the United States and governments of foreign 
countries with which the United States has an extradition relation-
ship. The report shall include— 
(1) an aggregate list, by country, of— 
(A) the number of extradition requests made by the 
United States to that country in 2002; and 
(B) the number of fugitives extradited by that country 
to the United States in 2002; 
(2) an aggregate list, by country, of— 
(A) the number of extradition requests made by that 
country to the United States in 2002; and 
(B) the number of fugitives extradited by the United 
States to that country in 2002; 
(3) any other relevant information regarding difficulties 
the United States has experienced in obtaining the extradition 
of fugitives (including a discussion of the unwillingness of treaty 
partners to extradite nationals or where fugitives may face 
capital punishment or life imprisonment); and 
(4) a summary of the Department's efforts in 2002 to nego-
tiate new or revised extradition treaties, and its agenda for 
such negotiations in 2003. 
SEC. 697. SPECIAL COURT FOR SIERRA LEONE. 
(a) FINDING.—Congress finds that prompt establishment of a 
Special Court for Sierra Leone is an important step in restoring 
a credible system of justice and accountability for the crimes com-
mitted in Sierra Leone and would contribute to the process of 
national reconciliation in that country. 
116 STAT. 1418 
PUBLIC LAW 107-228—SEPT. 30, 2002 
22 u s e 2301 
note. 
President. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the United States should support the Truth and ReconciHation 
Commission in Sierra Leone, including through assistance in the 
collection of human rights data relevant to the Commission's work. 
(c) ALLOCATION OF FUNDS.—Of the amounts made available 
to the Department of State for fiscal year 2003, there is authorized 
to be available $5,000,000 to support the Special Court for Sierra 
Leone. 
(d) EXTENSION OF REWARDS PROGRAM.—Section 102 of Public 
Law 105-323, as amended (22 U.S.C. 2708 note), is further 
amended— 
(1) in subsection (a), by inserting "the Special Court of 
Sierra Leone" after "by,"; and 
(2) in subsection (c), by adding at the end the following 
new paragraph: 
"(3) For the purposes of subsection (a), the Statute of the 
Special Court for Sierra Leone means the Statute contained in 
the Annex to the Agreement Between the United Nations and 
the Government of Sierra Leone on the Establishment of a Special 
Court for Sierra Leone.". 
SEC. 698. UNITED STATES ENVOY FOR PEACE IN SUDAN. 
There should continue to be a United States Envoy for Peace 
in Sudan until the full implementation of a comprehensive settle-
ment to the conflict in Sudan that is acceptable to the parties 
to the conflict. 
SEC. 699. TRANSFER OF PROSCRIBED WEAPONS TO PERSONS OR ENTI-
TIES IN THE WEST BANK AND GAZA. 
(a) DETERMINATION REGARDING TRANSFERS.—If the President 
determines, based on a preponderance of the evidence, that a foreign 
person or entity has knowingly transferred proscribed weapons 
to Palestinian entities in the West Bank or Gaza, then, for the 
period specified in subsection (b), no assistance may be provided 
to the person or entity under part II of the Foreign Assistance 
Act of 1961 and no sales of defense articles or defense services 
may be made to the person or entity under section 23 of the 
Arms Export Control Act. 
(b) DURATION OF PROHIBITION.—The period referred to in sub-
section (a) is the period commencing on the date on which a notifica-
tion of a determination under subsection (a) is submitted to the 
appropriate congressional committees and ending on the date that 
is two years after such date. 
(c) REPORT.—In conjunction with the report required under 
title VIII of the P.L.O. Commitments Compliance Act of 1989 (Public 
Law 101-246), the President shall submit a report to the appro-
priate congressional committees on transfers reviewed pursuant 
to subsection (a). 
(d) DEFINITION.—In this section, the term "proscribed weapons" 
means arms, ammunition, and equipment the transfer of which 
is not in compliance with the Agreement on the Gaza Strip and 
the Jericho Area of May 4, 1994, its annexes, or subsequent agree-
ments between Israel and the PLO, or Palestinian Authority, as 
appropriate. 
SEC. 700. SENSE OF CONGRESS RELATING TO ARSENIC CONTAMINA-
TION IN DRINKING WATER IN BANGLADESH. 
(a) FINDINGS.—Congress finds that— 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1419 
(1) beginning in 1993, naturally occurring inorganic arsenic 
contamination of water began to be confirmed in Bangladesh 
in tube-wells installed in the 1970s, when standard water 
testing did not include arsenic tests; 
(2) because health effects of ingesting arsenic-contaminated 
drinking water appear slowly, preventative measures are crit-
ical to preventing future contamination in the Bangladeshi 
population; and 
(3) health effects of exposure to arsenic include skin lesions, 
skin cancer, and mortality from internal cancers. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the Secretary should— 
(1) work with appropriate United States Government agen-
cies, national laboratories, universities in the United States, 
the Government of Bangladesh, international financial institu-
tions and organizations, and international donors to identify 
a long-term solution to the arsenic-contaminated drinking water 
problem in Bangladesh, including drawing arsenic out of the 
existing tube-wells and finding alternate sources of water; and 
(2) submit a report to the appropriate 
congressional 
committees on proposals to bring about arsenic-free drinking 
water to Bangladeshis and to facilitate treatment for those 
who have already been affected by 
arsenic-contaminated 
drinking water in Bangladesh. 
SEC. 701. POLICING REFORM AND HUMAN RIGHTS IN NORTHERN IRE-
LAND. 
(a) CONGRESSIONAL STATEMENT OF POLICY.—Congress— 
(1) supports independent judicial public inquiries into the 
murders of defense attorneys Patrick Finucane and Rosemary 
Nelson as a way to instill confidence in the Police Service 
of Northern Ireland; and 
(2) continues to urge the United Kingdom to take appro-
priate action to protect defense lawyers and human rights 
defenders in Northern Ireland. 
(b) DECOMMISSIONING WEAPONS.—Congress— 
(1) calls on the Irish Republican Army to continue and 
complete the decommissioning of all their arms and explosives; 
and 
(2) calls for— 
(A) the decommissioning of all weapons held by 
paramilitaries on all sides, such as the Provisional Irish 
Republican Army (PIRA), the Real Irish Republican Army 
(RIRA), the Continuity Irish Republican Army (CIRA), the 
Loyalist Volunteer Force (LVF), the Orange Volunteers 
(OV), the Red Hand Defenders (RHD), the Ulster Defense 
AssociationAJlster 
Freedom 
Fighters 
(UDA/UFF), 
the 
Ulster Volunteer Force (UVF); and 
(B) the immediate cessation of paramilitary punish-
ment attacks and exiling. 
(c) SUPPORT FOR GLOBAL WAR ON TERRORISM.—Congress recog-
nizes the United Kingdom's commitment to support the United 
States in a global war on terrorism. 
(d) 
REPORT ON POLICING REFORM AND HUMAN RIGHTS IN 
NORTHERN IRELAND.—Not later than 60 days after the date of 
the enactment of this Act, the President shall submit a report 
to the appropriate congressional committees on the following: 
Patrick 
Finucane. 
Rosemary 
Nelson. 
Deadline. 
President. 
116 STAT. 1420 
PUBLIC LAW 107-228—SEPT. 30, 2002 
Robert Hammill. 
22 u s e 2151n 
note. 
Deadline. 
(1) The extent to which the Governments of the United 
Kingdom and Ireland have implemented the recommendations 
relating to the 175 policing reforms contained in the Patten 
Commission report issued on September 9, 1999, including 
a description of the progress of the integration of human rights, 
as well as recruitment procedures aimed at increasing Catholic 
representation, including the effectiveness of such procedures, 
in the new Police Service of Northern Ireland. 
(2) The status of the investigations into the murders of 
Patrick Finucane, Rosemary Nelson, and Robert Hammill, 
including the extent to which progress has been made on rec-
ommendations for independent judicial public inquiries into 
these murders. 
(3) All decommissioning acts taken to date by the Irish 
Republican Army, including the quantity and precise character 
of what the IRA decommissioned, as reported and verified 
by the International Commission on Decommissioning. 
(4) All acts of decommissioning taken by other paramilitary 
organizations, including a description of all weapons and explo-
sives decommissioned. 
(5) A description of the measures taken to ensure that 
the programs described under subsection (e) comply with the 
requirements of that subsection. 
(e) COMPLIANCE WITH PRIOR PROVISIONS.—^Any training or 
exchange program conducted by the Federal Bureau of Investigation 
or any other Federal law enforcement agency for the Police Service 
of Northern Ireland or its members shall— 
(1) be necessary to improve the professionalism of policing 
in Northern Ireland; 
(2) be necessary to advance the peace process in Northern 
Ireland; 
(3) include in the curriculum a significant human rights 
component; and 
(4) only be provided to Police Service of Northern Ireland 
(PSNI) members who have been subject to a vetting procedure 
established by the Department and the Department of Justice 
to ensure that such program does not include PSNI members 
who there are substantial ground for believing have committed 
or condoned violations of internationally recognized human 
rights, including any role in the murder of Patrick Finucane 
or Rosemary Nelson or other violence or serious threat of 
violence against defense attorneys in Northern Ireland. 
SEC. 702. ANNUAL REPORTS ON UNITED STATES-VIETNAM HUMAN 
RIGHTS DIALOGUE MEETINGS. 
Not later than December 31 of each year or 60 days after 
the second United States-Vietnam human rights dialogue meeting 
held in a calendar year, whichever is earlier, the Secretary shall 
submit to the appropriate congressional committees a report cov-
ering the issues discussed at the previous two meetings and 
describing to what extent the Government of Vietnam has made 
progress during the calendar year toward achieving the following 
objectives: 
(1) Improving the Government of Vietnam's commercial 
and criminal codes to bring them into conformity with inter-
national standards, including the repeal of the Government 
of Vietnam's administrative detention decree (Directive 31/CP). 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1421 
(2) Releasing political and religious activists who have been 
imprisoned or otherwise detained by the Government of 
Vietnam, and ceasing surveillance and harassment of those 
who have been released. 
(3) Ending official 
restrictions 
on religious 
activity, 
including implementing the recommendations of the United 
Nations Special Rapporteur on Religious Intolerance. 
(4) Promoting freedom for the press, including freedom 
of movement of members of the Vietnamese and foreign press. 
(5) Improving prison conditions and providing transparency 
in the penal system of Vietnam, including implementing the 
recommendations of the United Nations Working Group on 
Arbitrary Detention. 
(6) Respecting the basic rights of indigenous minority 
groups, especially in the central and northern highlands of 
Vietnam. 
(7) Respecting the basic rights of workers, including 
working with the International Labor Organization to improve 
mechanisms for promoting such rights. 
(8) Cooperating with requests by the United States to 
obtain full and free access to persons who may be eligible 
for admission to the United States as refugees or immigrants, 
and allowing such persons to leave Vietnam without being 
subjected to extortion or other corrupt practices. 
SEC. 703. SENSE OF CONGRESS REGARDING HUMAN RIGHTS VIOLA-
TIONS IN INDONESIA. 
It is the sense of Congress that the Government of Indonesia 
should— 
(1) demonstrate substantial progress toward ending human 
rights violations by the armed forces in Indonesia (TNI); 
(2) terminate any TNI support for and cooperation with 
terrorist organizations, including Laskar Jihad and militias 
operating in the Malukus, Central Sulawesi, West Papua (Irian 
Jaya), and elsewhere; 
(3) investigate and prosecute those responsible for human 
rights violations, including TNI officials, members of Laskar 
Jihad, militias, and other terrorist organizations; and 
(4) make concerted and demonstrable efforts to find and 
prosecute those responsible for the murders of Papuan leader 
Theys Elvay, Acehnse human rights advocate Jafar Siddiq 
Hamzah, and United States citizens Edwin L. Burgon and 
Ricky L. Spier. 
SEC. 704. REPORT CONCERNING THE GERMAN FOUNDATION "REMEM-
BRANCE, RESPONSIBILITY, AND THE FUTURE". 
(a) REPORT CONCERNING THE GERMAN FOUNDATION "REMEM-
BRANCE, RESPONSIBILITY, AND THE FUTURE".—Not later than 180 Deadline, 
days after the date of the enactment of this Act, and every 180 
days thereafter until all funds made available to the German 
Foundation have been disbursed, the Secretary shall report to the 
appropriate 
congressional 
committees 
on the status 
of the 
implementation of the Agreement and, to the extent possible, on 
whether or not— 
(1) during the 180-day period preceding the date of the 
report, the Gferman Bundestag has authorized the allocation 
of funds to the Foundation, in accordance with section 17 of 
116 STAT. 1422 
PUBLIC LAW 107-228—SEPT. 30, 2002 
the law on the creation of the Foundation, enacted by the 
Federal Republic of Germany on August 8, 2000; 
(2) the entire sum of 10,000,000,000 deutsche marks has 
been made available to the German Foundation in accordance 
with Annex B to the Joint Statement of July 17, 2000; 
(3) during the 180-day period preceding the date of the 
report, any company or companies investigating a claim, who 
are members of ICHEIC, were required to provide to the claim-
ant, within 90 days after receiving the claim, a status report 
on the claim, or a decision that included— 
(A) an explanation of the decision, pursuant to those 
standards of ICHEIC to be applied in approving claims; 
(B) all documents relevant to the claim that were 
retrieved in the investigation; and 
(C) an explanation of the procedures for appeal of 
the decision; 
(4) during the 180-day period preceding the date of the 
report, any entity that elected to determine claims under Article 
1(4) of the Agreement was required to comply with the stand-
ards of proof, criteria for publishing policyholder names, valu-
ation standards, auditing requirements, and decisions of the 
Chairman of ICHEIC; 
(5) during the 180-day period preceding the date of the 
report, an independent process to appeal decisions made by 
any entity that elected to determine claims under Article 1(4) 
of the Agreement was available to and accessible by any claim-
ant wishing to appeal such a decision, and the appellate body 
had the jurisdiction and resources necessary to fully investigate 
each claim on appeal and provide a timely response; 
(6) an independent audit of compliance by every entity 
that has elected to determine claims under Article 1(4) of 
the Agreement has been conducted; and 
(7) the administrative and operational expenses incurred 
by the companies that are members of ICHEIC are appropriate 
for the administration of claims described in paragraph (3). 
The Secretar^s report shall include the Secretary's justification 
for each determination under this subsection. 
(b) SENSE OF CONGRESS.—It is the sense of the Congress that— 
(1) the resolution of slave and forced labor claims is an 
urgent issue for aging Holocaust survivors, and the German 
Bundestag should allocate funds for disbursement by the Ger-
man Foundation to Holocaust survivors as soon as possible; 
and 
(2) ICHEIC should work in consultation with the Secretary 
in gathering the information required for the report under 
subsection (a). 
(c) DEFINITIONS.—In this section: 
(1) AGREEMENT.—^The term "Agreement" means the Agree-
ment between the Government of the United States of America 
and the Government of the Federal Republic of Germany con-
cerning the Foundation "Remembrance, Responsibility and the 
Future", done at Berlin July 17, 2000. 
(2) ANNEX B TO THE JOINT STATEMENT OF JULY I7, 2000.— 
The term "Annex B to the Joint Statement of July 17, 2000" 
means Annex B to the Joint Statement on occasion of the 
final plenary meeting concluding international talks on the 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1423 
preparation of the Federal Foundation "Remembrance, Respon-
sibility and the Future", done at Berlin on July 17, 2000. 
(3) GERMAN FOUNDATION.—The term "German Foundation" 
means the Foundation "Remembrance, Responsibility and the 
Future" referred to in the Agreement. 
(4) ICHEIC.—The term "ICHEIC" means the International 
Commission on Holocaust Era Insurance Claims referred to 
in Article 1(4) of the Agreement. 
SEC. 705. SENSE OF CONGRESS ON RETURN OF PORTRAITS OF HOLO-
CAUST VICTIMS TO THE ARTIST DINA BABBITT. 
(a) FINDINGS.—Congress fmds that— 
(1) Dina Babbitt (formerly known as Dinah Gottliebova), Dinah 
a United States citizen has requested the return of watercolor Gottliebova. 
portraits she painted while suffering a IVb-year-long intern-
ment at the Auschwitz death camp during World War II; 
(2) Dina Babbitt was ordered to paint the portraits by 
the infamous war criminal Dr. Josef Mengele; 
(3) Dina Babbitt's life, and her mother's life, were spared 
only because she painted portraits of doomed inmates of Ausch-
witz-Birkenau, under orders from Dr. Josef Mengele; 
(4) these paintings are currently in the possession of the 
Auschwitz-Birkenau State Museum; 
(5) Dina Babbitt is the rightful owner of the artwork, 
since the paintings were produced by her own talented hands 
as she endured the unspeakable conditions that existed at 
the Auschwitz death camp; 
(6) the artwork is not available for the public to view 
at the Auschwitz-Birkenau State Museum and therefore this 
unique and important body of work is essentially lost to history; 
and 
(7) this continued injustice can be righted through coopera-
tion between agencies of the United States and Poland. 
(b) SENSE OF CONGRESS.—Congress— 
(1) recognizes the moral right of Dina Babbitt to obtain 
the artwork she created, and recognizes her courage in the 
face of the evils perpetrated by the Nazi command of the 
Auschwitz-Birkenau death camp, including the atrocities com-
mitted by Dr. Josef Mengele; 
(2) urges the President to make all efforts necessary to 
retrieve the 7 watercolor portraits Dina Babbitt painted, while 
suffering a lV2-year-long internment at the Auschwitz death 
camp, and return them to her; 
(3) urges the Secretary to make immediate diplomatic 
efforts to facilitate the transfer of the 7 original watercolors 
painted by Dina Babbitt from the Auschwitz-Birkenau State 
Museum to Dina Babbitt, their rightful owner; 
(4) urges the Government of Poland to immediately facili-
tate the return to Dina Babbitt of the artwork painted by 
her that is now in the possession of the Auschwitz-Birkenau 
State Museum; and 
(5) urges the officials of the Auschwitz-Birkenau State 
Museum to transfer the 7 original paintings to Dina Babbitt 
as expeditiously as possible. 
116 STAT. 1424 
PUBLIC LAW 107-228—SEPT. 30, 2002 
22 use 2291J-1. 
SEC. 706. INTERNATIONAL DRUG CONTROL CERTIFICATION PROCE-
DURES. 
During any fiscal year, funds that would otherwise be withheld 
from obligation or expenditure under section 490 of the Foreign 
Assistance Act of 1961 may be obligated or expended beginning 
October 1 of such fiscal year provided that: 
Deadline. 
(1) REPORT.—Not later than September 15 of the previous 
President. 
fiscal year the President has submitted to the appropriate 
congressional committees a report identifying each country 
determined by the President to be a major drug transit country 
or major illicit drug producing country as defined in section 
481(e) of the Foreign Assistance Act of 1961. 
(2) DESIGNATION AND JUSTIFICATION.—In each report under 
paragraph (1), the President shall also— 
(A) designate each country, if any, identified in such 
report that has failed demonstrably, during the previous 
12 months, to make substantial efforts— 
(i) to adhere to its obligations under international 
countemarcotics agreements; and 
(ii) to take the countemarcotics measures set forth 
in section 489(a)(1) of the Foreign Assistance Act of 
1961; and 
(B) include a justification for each country so des-
ignated. 
(3) 
LIMITATION ON ASSISTANCE FOR DESIGNATED COUN-
TRIES.—In the case of a country identified in a report under 
paragraph (1) that is also designated under paragraph (2) in 
the report, United States assistance may be provided to such 
country in the subsequent fiscal year only if the President 
determines and reports to the appropriate 
congressional 
committees that— 
(A) provision of such assistance to the country in such 
fiscal year is vital to the national interests of the United 
States; or 
(B) subsequent to the designation being made under 
paragraph 
(2)(A), the country has made 
substantial 
efforts— 
(i) to adhere to its obligations under international 
countemarcotics agreements; and 
(ii) to take the countemarcotics measures set forth 
in section 489(a)(1) of the Foreign Assistance Act of 
196 L 
(4) 
INTERNATIONAL 
COUNTERNARCOTICS 
AGREEMENT 
DEFINED.—In this section, the term "international counter-
narcotics agreement" means— 
(A) the United Nations Convention Against Illicit 
Traffic in Narcotic Drugs and Psychotropic Substances; 
or 
(B) any bilateral or multilateral agreement in force 
between the United States and another country or countries 
that addresses issues relating to the control of illicit drugs, 
such as— 
(i) the production, distribution, and interdiction 
of illicit drugs; 
(ii) demand reduction; 
(iii) the activities of criminal organizations; 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1425 
(iv) international legal cooperation among courts, 
prosecutors, and law enforcement agencies (including 
the exchange of information and evidence); 
(v) the extradition of nationals and individuals 
involved in drug-related criminal activity; 
(vi) the temporary transfer for prosecution of 
nationals and individuals involved in drug-related 
criminal activity; 
(vii) border security; 
(viii) money laundering; 
(ix) illicit firearms trafficking; 
(x) corruption; 
(xi) control of precursor chemicals; 
(xii) asset forfeiture; and 
(xiii) related training and technical assistance, 
and includes, where appropriate, timetables and objective and 
measurable standards to assess the progress made by partici-
pating countries with respect to such issues. 
(5) APPLICATION.—(A) Section 490 (a) through (h) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2291j'(a)-(h)) shall 
not apply during any fiscal year with respect to any country 
identified in the report required by paragraph (1) of this section. 
(B) Notwithstanding paragraphs (1) through (5)(A) of this 
section, the President may apply the procedures set forth in 
section 490 (a) through (h) of the Foreign Assistance Act of 
1961 during any fiscal year with respect to any country deter-
mined to be a major drug transit country or major illicit drug 
producing country as defined in section 481(e) of the Foreign 
Assistance Act of 1961. 
(6) STATUTORY CONSTRUCTION.—Nothing in this section 
supersedes or modifies the requirement in section 489(a) of 
the Foreign Assistance Act of 1961 (with respect to the Inter-
national Narcotics Control Strategy Report) for the transmittal 
of a report not later than March 1, each fiscal year under 
that section. 
(7) TRANSITION RULE.—For funds obligated or expended 
under this section in fiscal year 2003, the date for submission 
of the report required by paragraph (1) of this section shall 
be at least 15 days before funds are obligated or expended. 
(8) EFFECTIVE DATE.—^This section shall take effect upon 
the date of enactment of this Act into law and shall remain 
in effect thereafter unless Congress enacts subsequent legisla-
tion repealing such section. 
DIVISION B—SECURITY ASSISTANCE 
s
e
c
u
r
i
t
y 
APT O
T
T 9002 
Assistance Act of 
2002. 
TITLE X—GENERAL PROVISIONS 
SEC. 1001. SHORT TITLE. 
22 USC 2151 
This division may be cited as the "Security Assistance Act 
of 2002". 
SEC. 1002. DEFINITIONS. 
22 USC 2151 
In this division: 
^°'"-
116 STAT. 1426 
PUBLIC LAW 107-228—SEPT. 30, 2002 
(1) DEFENSE ARTICLE.—The term "defense article" has the 
meaning given the term in section 47(3) of the Arms Export 
Control Act (22 U.S.C. 2794 note). 
(2) DEFENSE SERVICE.—The term "defense service" has the 
meaning given the term in section 47(4) of the Arms Export 
Control Act (22 U.S.C. 2794 note). 
(3) EXCESS DEFENSE ARTICLE.—^The term "excess defense 
article" has the meaning given the term in section 644(g) of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2403(g)). 
TITLE 
XI—VERIFICATION 
OF 
ARMS 
CONTROL AND NONPROLIFERATION 
AGREEMENTS 
SEC. 1101. VERIFICATION AND COMPLIANCE BUREAU PERSONNEL. 
(a) IN GENERAL.—Of the amount authorized to be appropriated 
by section 111(a)(1)(A), $14,000,000 is authorized to be available 
for the Bureau of Verification and Compliance of the Department 
of State for Bureau-administered activities, including the Key 
Verification Assets Fund and to upgrade Bureau spaces for certifi-
cation as a Sensitive Compartmented Information Facility (SCIF). 
(b) ADDITIONAL PERSONNEL.—In addition to the amount made 
available under subsection (a), $1,800,000 is authorized to be avail-
able for the fiscal year 2003 from the Department's American Sala-
ries Account, for the purpose of hiring new personnel to carry 
out the Bureau's responsibilities, as set forth in section 112 of 
the Arms Export Control and Nonproliferation Act of 1999 (113 
Stat. 1501A-486), as enacted into law by section 1000(a)(7) of 
Public Law 106-113, including the assignment of one full-time 
person to the Bureau to manage the document control, tracking, 
and printing requirements of the Bureau's operation in a SCIF. 
SEC. 1102. KEY VERIFICATION ASSETS FUND. 
Of the total amount made available to the Department for 
fiscal year 2003, $7,000,000 is authorized to be available within 
the Verification and Compliance Bureau's account to carry out 
section 1111 of the Arms Control and Nonproliferation Act of 1999 
(113 Stat. 1501A-486), as enacted into law by section 1000(a)(7) 
ofPublic Law 106-113. 
SEC. 
1103. REVISED VERIFICATION AND COMPLIANCE REPORTING 
REQUIREMENTS. 
Section 403(a) of the Arms Control and Disarmament Act (22 
U.S.C. 2593a(a)) is amended by striking "January 31" and inserting 
"April 15". 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1427 
TITLE XII—MILITARY AND RELATED 
ASSISTANCE 
Subtitle A—Foreign Military Sales and 
Financing Authorities 
SEC. 1201. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the President for 
grant assistance under section 23 of the Arms Export Control 
Act (22 U.S.C. 2763) and for the subsidy cost, as defined in section 
502(5) of the Federal Credit Reform Act of 1990, of direct loans 
under such section $4,107,200,000 for fiscal year 2003. 
SEC. 1202. RELATIONSHIP OF FOREIGN MILITARY SALES TO UNITED 
STATES NONPROLIFERATION INTERESTS. 
(a) AUTHORIZED PURPOSES.—The first sentence of section 4 
of the Arms Export Control Act (22 U.S.C. 2754) is amended by 
inserting "for preventing or hindering the proliferation of weapons 
of mass destruction and of the means of delivering such weapons," 
after "self-defense,". 
(b) DEFINITION OF "WEAPONS OF MASS DESTRUCTION".—Section 
47 of the Arms Export Control Act (22 U.S.C. 2794) is amended— 
(1) by striking "and" at the end of paragraph (8); 
(2) by striking the period at the end of paragraph (9) 
and inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
"(10) 'weapons of mass destruction' has the meaning pro-
vided by section 1403(1) of the Defense Against Weapons of 
Mass Destruction Act of 1996 (title XIV of Public Law 104-
201; 110 Stat. 2717; 50 U.S.C. 2302(1)).". 
SEC. 1203. OFFICIAL RECEPTION AND REPRESENTATION EXPENSES. 
Section 43(c) of the Arms Export Control Act (22 U.S.C. 2792(c)), 
is amended by striking "$72,500" and inserting "$86,500". 
SEC. 1204. ARMS EXPORT CONTROL ACT PROHIBITION ON TRANS-
ACTIONS WITH COUNTRIES THAT HAVE REPEATEDLY 
PROVIDED SUPPORT FOR ACTS OF INTERNATIONAL TER-
RORISM. 
The second sentence of section 40(d) of the Arms Export Control 
Act (22 U.S.C. 2780(d)) is amended— 
(1) by striking "groups or" and inserting "groups,"; and 
(2) by inserting before the period the following: ", or will-
fully aid or abet the efforts of an individual or group to use, 
develop, produce, stockpile, or otherwise acquire chemical, 
biological, or radiological weapons". 
SEC. 1205. CONGRESSIONAL NOTIFICATION OF SMALL ARMS AND 
LIGHT WEAPONS LICENSE APPROVALS; REPORTS. 
(a) 
CONGRESSIONAL 
NOTIFICATION 
OF 
EXPORT 
LICENSE 
APPROVALS.—Section 36(c) of the Arms Export Control Act (22 
U.S.C. 2776(c)) is amended by inserting "(or, in the case of a 
defense article that is a firearm controlled under category I of 
the United States Munitions List, $1,000,000 or more)" after 
"$50,000,000 or more". 
116 STAT. 1428 
PUBLIC LAW 107-228—SEPT. 30, 2002 
(b) REPORT.—Section 40A(c) of the Arms Export Control Act 
(22 U.S.C. 2785(c)) is amended by inserting before the period the 
following: "and the numbers, range, and findings of end-use moni-
toring of United States transfers of small arms and light weapons". 
(c) ANNUAL MILITARY ASSISTANCE REPORTS.—Section 655(b)(3) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2415(b)(3)) is 
amended by inserting before the period at the end the following: 
", including, in the case of defense articles that are firearms con-
trolled under category I of the United States Munitions List, a 
statement of the aggregate dollar value and quantity of semiauto-
matic assault weapons, or spare parts for such weapons, the manu-
facture, transfer, or possession of which is unlawful under section 
922 of title 18, United States Code, that were licensed for export 
during the period covered by the report". 
DeadUne. 
(d) REPORT ON ARMS BROKERING.—^Not later than June 30, 
2003, the Secretary shall submit a report to the appropriate congres-
sional committees on activities of registered arms brokers, which 
shall discuss— 
(1) the role of such brokers in the United States and 
other countries; 
(2) United States law, regulations, and policy regarding 
arms brokers; 
(3) violations of the Arms Export Control Act; 
(4) United States resources and personnel devoted to the 
monitoring of arms brokers; 
(5) any needed changes in law, regulation, policy, or 
resources; and 
(6) any implications for the regulation of arms brokers 
in other countries. 
22 use 2321k 
SEC. 1206. TREATMENT OF TAIWAN RELATING TO TRANSFERS OF 
note. 
DEFENSE ARTICLES AND DEFENSE SERVICES. 
Notwithstanding any other provision of law, for purposes of 
the transfer or possible transfer of defense articles or defense serv-
ices under the Arms Export Control Act (22 U.S.C. 2751 et seq.), 
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or 
any other provision of law, Taiwan shall be treated as though 
it were designated a major non-NATO ally (as defined in section 
644(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(q)). 
Subtitle B—International Military 
Education and Training 
SEC. 1211. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the President 
$85,000,000 for fiscal year 2003 to carry out chapter 5 of part 
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; 
relating to international military education and training). 
SEC. 1212. HUMAN RIGHTS VIOLATIONS. 
(a) ANNUAL REPORT.—Chapter 5 of part II of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2347 et seq.) is amended by adding 
at the end the following new section: 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1429 
"SEC. 549. HUMAN RIGHTS REPORT. 
22 USC 2347h. 
"(a) IN GENERAL.—Not later than March 1 of each year, the Deadline. 
Secretary of State shall submit to the Speaker of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate a report describing, to the extent practicable, any involve-
ment of a foreign military or defense ministry civilian participant 
in education and training activities under this chapter in a violation 
of internationally recognized human rights reported under section 
116(d) of this Act subsequent to such participation. 
"(b) FORM.—The report described in subsection (a) shall be 
in unclassified form, but may include a classified annex.". 
(b) RECORDS REGARDING FOREIGN PARTICIPANTS.—Section 548 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2347g) is 
amended— 
(1) by striking "In" and inserting: 
"(a) DEVELOPMENT AND MAINTENANCE OF DATABASE.—In"; and 
(2) by adding at the end the following new subsections: 
"(b) ANNUAL LIST OF FOREIGN PERSONNEL.—For the purposes 
of preparing the report required pursuant to section 549 of this 
Act, the Secretary of State may annually request the Secretary 
of Defense to provide information contained in the database, with 
respect to a list submitted to the Secretary of Defense by the 
Secretary of State, that contains the names of foreign personnel 
or military units. To the extent practicable, the Secretary of Defense 
shall provide, and the Secretary of State may take into account, 
the information contained in the database, if any, relating to the 
Secretary of State's submission. 
"(c) UPDATING OF DATABASE.—If the Secretary of State deter-
mines and reports to Congress under section 549 of this Act that 
a foreign person identified in the database maintained pursuant 
to this section was involved in a violation of internationally recog-
nized human rights, the Secretary of Defense shall ensure that 
the database is updated to contain such fact and all relevant 
information.". 
SEC. 
1213. 
PARTICIPATION 
IN 
POST-UNDERGRADUATE 
FLYING 
TRAINING AND TACTICAL LEADERSHIP PROGRAMS. 
Section 544 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2347c) is amended by adding at the end the following new sub-
section: 
"(c)(1) The President is authorized to enter into cooperative 
arrangements providing for the participation of foreign and United 
States military and civilian defense personnel in post-under-
graduate flying training and tactical leadership programs at 
training locations in Southwest Asia without charge to participating 
foreign countries, and without charge to funds available to carry 
out this chapter (notwithstanding section 632(d) of this Act). Such 
training must satisfy common requirements with the United States 
for post-undergraduate flying and tactical leadership training. 
"(2) Cooperative arrangements under this subsection shall 
require an equitable contribution of support and services from each 
participating country. The President may waive the requirement 
for an equitable contribution of a participating foreign country 
if he determines that to do so is important to the national security 
interests of the United States. 
116 STAT. 1430 
PUBLIC LAW 1 0 7 - 2 2 8 - ^ E P T . 30, 2002 
"(3) Costs incurred by the United States shall be charged to 
the current applicable appropriations accounts or funds of the 
participating United States Government agencies.". 
Subtitle C—^Assistance for Select Countries 
SEC. 1221. ASSISTANCE FOR ISRAEL AND EGYPT. 
(a) AUTHORIZATION OF APPROPRIATIONS FOR ISRAEL.—Section 
114 Stat. 856. 
513 of the Security Assistance Act of 2000 (PubHc Law 106-280) 
is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking "2001 and 2002" and inserting "2002 
and 2003"; and 
(ii) by adding at the end the following new sen-
tence: "Such funds are authorized to be made available 
on a grant basis as a cash transfer."; 
(B) by adding at the end the following new paragraph: 
"(3) ADDITIONAL ESF ASSISTANCE FOR FISCAL YEAR 2003.— 
Only for fiscal year 2003, in addition to the amount computed 
under paragraph (2) for that fiscal year, an additional amount 
of $200,000,000 is authorized to be made available for ESF 
assistance for Israel, notwithstanding section 531(e) or 660(a) 
of the Foreign Assistance Act of 1961, for defensive, nonlethal, 
antiterrorism assistance, which amount shall be considered, 
for purposes of subsection (d), as an amount appropriated by 
an Act making supplemental appropriations."; 
(2) in subsection (c)(1), by striking "2001 and 2002" and 
inserting "2002 and 2003"; 
(3) in subsection (c)(3), by striking "Funds authorized" and 
all that follows through "later" and inserting: "Funds authorized 
to be available for Israel under subsection (b)(1) and paragraph 
(1) of this subsection for fiscal years 2002 and 2003 shall 
be disbursed not later than 30 days after the date of enactment 
of an Act making appropriations for foreign operations, export 
financing, and related programs for fiscal year 2002, and not 
later than 30 days after the date of enactment of an Act 
making appropriations for foreign operations, export financing, 
and related programs for fiscal year 2003, or October 31 of 
the respective fiscal year, whichever is later."; and 
(4) in subsection (c)(4)— 
(A) by striking "fiscal year 2001" and inserting "fiscal 
years 2002 and 2003"; and 
(B) 
by 
striking 
"$520,000,000" 
and 
inserting 
"$535,000,000 for fiscal year 2002 and not less than 
$550,000,000 for fiscal year 2003". 
(b) AUTHORIZATION OF APPROPRIATIONS FOR EGYPT.—Section 
114 Stat. 857. 
514 of the Security Assistance Act of 2000 (Public Law 106-280) 
is amended— 
(1) by striking "2001 and 2002" each place it appears and 
inserting "2002 and 2003"; and 
(2) in subsection (e), by striking "Funds estimated" and 
all that follows through "and" at the end of paragraph (2) 
Deadline. 
and inserting the following: "Funds estimated to be outlayed 
for Egypt under subsection (c) during fiscal years 2002 and 
2003 shall be disbursed to an interest-bearing account for Egypt 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1431 
in the Federal Reserve Bank of New York not later than 30 
days after the date of enactment of an Act making appropria-
tions for foreign operations, export financing, and related pro-
grams for fiscal year 2002, and not later than 30 days after 
the date of enactment of an Act making appropriations for 
foreign operations, export financing, and related programs for 
fiscal year 2003, or by October 31 of the respective fiscal year, 
whichever is later, provided that— 
"(1) withdrawal of funds from such account shall be made 
only on authenticated instructions from the Defense Finance 
and Accounting Service of the Department of Defense; 
"(2) in the event such account is closed, the balance of 
the account shall be transferred promptly to the appropriations 
account for the Foreign Military Financing Program.". 
SEC. 1222. SECURITY ASSISTANCE FOR GREECE AND TURKEY. 
(a) IN GENERAL.—Of the amount made available for the fiscal 
year 2003 to carry out chapter 5 of part II of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2347 et seq.)— 
(1) $1,120,000 for fiscal year 2003 is authorized to be 
available for Greece; and 
(2) $2,800,000 for fiscal year 2003 is authorized to be 
availal3le for Turkey. 
(b) USE FOR PROFESSIONAL MILITARY EDUCATION.—Of the 
amounts available under paragraphs (1) and (2) of subsection (a) 
for fiscal year 2003, $500,000 of each such amount should be avail-
able for purposes of professional military education. 
(c) USE FOR JOINT TRAINING.—It is the sense of Congress that, 
to the maximum extent practicable, amounts available under sub-
section (a) that are used in accordance with subsection (b) should 
be used for joint training of Greek and Turkish officers. 
(d) REPEAL.—Effective October 1, 2002, section 512 of the Secu-
rity Assistance Act of 2000 (Public Law 106-280; 114 Stat. 856) 
is repealed. 
SEC. 1223. SECURITY ASSISTANCE FOR CERTAIN OTHER COUNTRIES. 
(a) FMF FOR CERTAIN OTHER COUNTRIES.—Of the total amount 
made available for the fiscal year 2003 under section 23 of the 
Arms Export Control Act (22 U.S.C. 2763), the following amounts 
are authorized to be available on a grant basis for the following 
countries: 
(1) THE BALTIC STATES.—For all of the Baltic states of 
Estonia, Latvia, and Lithuania, $22,000,000. 
(2) BULGARIA.—For Bulgaria, $11,000,000. 
(3) THE CZECH 
REPUBLIC—For 
the 
Czech 
Republic, 
$11,000,000. 
(4) GEORGIA.—For Georgia, $7,000,000. 
(5) HUNGARY.—For Hungary, $11,000,000. 
(6) JORDAN.—For Jordan, $198,000,000. 
(7) MALTA.—For Malta, $1,150,000. 
(8) THE PHILIPPINES.—For the Philippines, $25,000,000. 
(9) POLAND.—For Poland, $16,000,000. 
(10) ROMANIA.—For Romania, $12,000,000. 
(11) SLOVAKIA.— For Slovakia, $9,000,000. 
(12) SLOVENIA.—For Slovenia, $5,000,000. 
(b) IMET.—Of the amount made available for the fiscal year 
2003 to carry out chapter 5 of part II of the Foreign Assistance 
116 STAT. 1432 
PUBLIC LAW 107-228—SEPT. 30, 2002 
Act of 1961 (22 U.S.C. 2347 et seq.), the following amounts are 
authorized to be available for the following countries: 
(1) THE BALTIC STATES.—For all of the Baltic states of 
Estonia, Latvia, and Lithuania, $3,300,000. 
(2) BULGARIA.—For Bulgaria, $1,370,000. 
(3) THE CZECH REPUBLIC.—For the 
Czech 
Republic, 
$1,900,000. 
(4) GEORGIA.—For Georgia, $1,200,000. 
(5) HUNGARY.—For Hungary, $1,900,000. 
(6) JORDAN.—For Jordan, $4,000,000. 
(7) MALTA.—For Malta, $350,000. 
(8) THE PHILIPPINES.—For the PhiHppines, $2,000,000. 
(9) POLAND.—For Poland, $2,000,000. 
(10) ROMANIA.—For Romania, $1,500,000. 
(11) SLOVAKIA.—For Slovakia, $950,000. 
(12) SLOVENIA.—For Slovenia, $950,000. 
(c) REPEALS.—Sections 511 (a) and (b) and 515 of the Security 
114 Stat. 855, 
Assistance Act of 2000 are repealed. 
858. 
22 u s e 2346 
SEC. 1224. ASSISTANCE TO LEBANON. 
(a) PROHIBITION.—^Notwithstanding any other provision of law, 
$10,000,000 of the amounts made available for fiscal year 2003 
or any subsequent fiscal year that are allocated for assistance 
to Lebanon under chapter 4 of part H of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support 
fund) may not be obligated unless and until the President certifies 
to the appropriate congressional committees that— 
(1) the armed forces of Lebanon have been deployed to 
the internationally recognized border between Lebanon and 
Israel; and 
(2) the Government of Lebanon is effectively asserting its 
authority in the area in which such armed forces have been 
deployed. 
(b) REQUIREMENT RELATING TO FUNDS WITHHELD.—Notwith-
standing any other provision of law, any funds withheld pursuant 
to subsection (a) may not be programmed in order to be used 
for a purpose other than for assistance to Lebanon until the last 
month of the fiscal year in which the authority to obligate such 
funds lapses. 
Subtitle D—Excess Defense Article and 
Drawdown Authorities 
SEC. 1231. EXCESS DEFENSE ARTICLES FOR CERTAIN COUNTRIES. 
(a) AUTHORITY.—Notwithstanding section 516(e) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during the fiscal year 
2003 funds available to the Department of Defense may be expended 
for crating, packing, handling, and transportation of excess defense 
articles transferred under the authority of section 516 of such 
Act to Albania, Bulgaria, Croatia, Estonia, Former Yugoslavia 
Republic of Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, 
Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, 
Slovenia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the authority provided under this section should be utilized only 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1433 
for those countries demonstrating a genuine commitment to democ-
racy and human rights. 
SEC. 1232. ANNUAL LISTING OF POSSIBLE EXCESS DEFENSE ARTICLES. 
Section 25(a) of the Arms Export Control Act (22 U.S.C. 2765(a)) 
is amended— 
(1) by striking "and" at the end of paragraph (12)(B); 
(2) by redesignating paragraph (13) as paragraph (14); 
and 
(3) by inserting after paragraph (12) the following: 
"(13) a list of weapons systems that are significant military 
equipment (as defined in section 47(9) of this Act), and numbers 
thereof, that are believed likely to become available for transfer 
as excess defense articles during the next 12 months; and". 
SEC. 1233. LEASES OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES 
AND INTERNATIONAL ORGANIZATIONS. 
Section 61(b) of the Arms Export Control Act (22 U.S.C. 
2796(b)), is amended— 
(1) by striking "(b) Each lease agreement" and inserting 
"(b)(1) Each lease agreement"; 
(2) by striking "of not to exceed five years" and inserting 
"which may not exceed (A) five years, and (B) a specified 
period of time required to complete major refurbishment work 
of the leased articles to be performed prior to the delivery 
of the leased articles,"; and 
(3) by adding at the end the following: 
"(2) In this subsection, the term 'major refurbishment work' 
means work for which the period of performance is 6 months or 
more.". 
SEC. 1234. PRIORITY WITH RESPECT TO TRANSFER OF EXCESS 
DEFENSE ARTICLES. 
Section 516(c)(2) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2321j(c)(2)) is amended by striking "and to major non-NATO 
allies on such southern and southeastern flank" and inserting ", 
to major non-NATO allies on such southern and southeastern flank, 
and to the Philippines". 
Subtitle E—Other Political-Military 
Assistance 
SEC. 1241. DESTRUCTION OF SURPLUS WEAPONS STOCKPILES. 
Of the funds authorized to be appropriated to the President 
for fiscal year 2003 to carry out chapters 1 and 10 of part I 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), 
relating to development assistance, up to $10,000,000 is authorized 
to be made available for the destruction of surplus stockpiles of 
small arms, light weapons, and other munitions. 
Subtitle F—^Antiterrorism Assistance 
SEC. 1251. AUTHORIZATION OF APPROPRIATIONS. 
Section 574(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2349aa-4(a)) is amended by striking "and $73,000,000 for fiscal 
116 STAT. 1434 
PUBLIC LAW 107-228—SEPT. 30, 2002 
year 2002" and inserting ", $73,000,000 for fiscal year 2002, and 
$64,200,000 for fiscal year 2003". 
Subtitle G—Other Matters 
SEC. 1261. ADDITIONS TO UNITED STATES WAR RESERVE STOCKPILES 
FOR ALLIES. 
Section 514(b)(2) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2321h(b)(2)) is amended to read as follows: 
"(2)(A) The value of such additions to stockpiles of defense 
articles in foreign countries shall not exceed $100,000,000 for fiscal 
year 2003. 
"(B) Of the amount specified in subparagraph (A) for fiscal 
year 2003, not more than $100,000,000 may be made available 
for stockpiles in the State of Israel.". 
SEC. 1262. REVISED MILITARY ASSISTANCE REPORTING REQUIRE-
MENTS. 
(a) EXCEPTION FOR CERTAIN COUNTRIES.—Section 656(a) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2416(a)) is amended— 
(1) by striking "(a) ANNUAL REPORT.—Not" and inserting 
the following: 
"(a) ANNUAL REPORT.— 
"(1) IN GENERAL.—Not"; and 
(2) by adding at the end the following: 
"(2) EXCEPTION FOR CERTAIN COUNTRIES.—Paragraph (1) 
does not apply to any NATO member, Australia, Japan, or 
New Zealand, unless one of the appropriate congressional 
committees has specifically requested, in writing, inclusion of 
Deadline. 
such country in the report. Such request shall be made not 
later than 90 calendar days prior to the date on which the 
report is required to be transmitted.". 
(b) ANNUAL MILITARY ASSISTANCE REPORTS.—Section 655 of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2415) is amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsection (d) as subsection (c). 
(c) 
QUARTERLY REPORTS ON GOVERNMENT-TO-GOVERNMENT 
ARMS EXPORTS.—Section 36(a) of the Arms Export Control Act 
(22 U.S.C. 2776(a)) is amended— 
(1) by striking paragraph (7); and 
(2) by redesignating paragraphs (8), (9), (10), (11), (12), 
and (13) as paragraphs (7), (8), (9), (10), (11), and (12), respec-
tively. 
Effective date. 
SEC. 1263. CONSULTATION WITH CONGRESS WITH REGARD TO TAIWAN. 
President 
22 use 3302 
Beginning 180 days after the date of enactment of this Act, 
note. 
and every 180 days thereafter, the President shall provide detailed 
briefings to and consult with the appropriate congressional commit-
tees regarding the United States security assistance to Taiwan, 
including the provision of defense articles and defense services. 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1435 
TITLE XIII—NONPROLIFERATION AND 
EXPORT CONTROL ASSISTANCE 
Subtitle A—General Provisions 
SEC. 1301. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION.—Section 585 of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2349bb-4) is amended— 
(1) in subsection (a), by striking all after "chapter" and 
inserting "$162,000,000 for fiscal year 2003."; and 
(2) in subsection (c)— 
(A) in the subsection heading by striking "FISCAL YEAR 
2001"; and 
(B) by striking "2001" and inserting "2002". 
(b) SUBALLOCATIONS.—Of the amount authorized to be appro-
priated to the President for fiscal year 2003 by section 585 of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb-4)— 
(1) $2,000,000 is authorized to be available for such fiscal 
year for the purpose of carrying out section 584 of the Foreign 
Assistance Act of 1961, as added by section 1303 of this Act; 
and 
(2) $65,000,000 for fiscal year 2003 are authorized to be 
available for science and technology centers in the independent 
states of the former Soviet Union. 
(c) CONFORMING AMENDMENT.—Section 302 of the Security 
Assistance Act of 2000 (Public Law 106-280; 114 Stat. 853) is 
repealed. 
(d) FURTHER AUTHORIZATION.—There is authorized to be appro-
priated under "Nonproliferation, Anti-terrorism, Demining, and 
Related Programs" $382,400,000 for fiscal year 2003. 
SEC. 1302. N O N P R O L I F E R A T I O N TECHNOLOGY ACQUISITION PRO- 
22 USC 2349bb 
GRAMS FOR FRIENDLY FOREIGN COUNTRIES. 
°ote 
(a) IN GENERAL.—For the purpose of enhancing the non-
proliferation and export control capabilities of friendly countries, 
of the amount authorized to be appropriated for fiscal year 2003 
by section 585 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2349bb et seq.), the Secretary is authorized to make available— 
(1) $5,000,000 for the procurement and provision of nuclear, 
chemical, 
and 
biological 
detection 
systems, 
including 
spectroscopic and pulse echo technologies; and 
(2) $10,000,000 for the procurement and provision of x-
ray systems capable of imaging sea-cargo containers. 
(b) REPORTS ON TRAINING PROGRAM.— 
Deadlines. 
(1) INITIAL REPORT.—Not later than March 31, 2003, the 
Secretary shall submit a report to the appropriate congressional 
committees setting forth his plans and budget for a multiyear 
training program to train foreign personnel in the utilization 
of the systems described in subsection (a). 
(2) SUBSEQUENT REPORTS.—Not later than March 31, 2004, 
and annually thereafter for the next three years, the Secretary 
shall submit a report to the appropriate congressional commit-
tees describing the progress, current status, and budget of 
that training program and of the provision of those systems. 
116 STAT. 1436 
PUBLIC LAW 107-228—SEPT. 30, 2002 
22 use 
2349bb-3, 
2349bb-^. 
22 use 
2349bb-2a note. 
SEC. 1303. INTERNATIONAL NONPROLIFERATION AND EXPORT CON-
TROL TRAINING. 
Chapter 9 of part II of the Foreign Assistance Act of 1961 
(22 U.S.C. 2349bb et seq.) is amended— 
(1) by redesignating sections 584 and 585 as sections 585 
and 586, respectively; and 
(2) by inserting after section 583 the following: 
"SEC. 584. INTERNATIONAL NONPROLIFERATION EXPORT CONTROL 
TRAINING. 
"(a) GENERAL AUTHORITY.—The President is authorized to fur-
nish, on such terms and conditions consistent with this chapter 
(but whenever feasible on a reimbursable basis), education and 
training to appropriate military and civilian personnel of foreign 
countries for the purpose of enhancing the nonproliferation and 
export control capabilities of such personnel through their attend-
ance in special courses of instruction conducted by the United 
States. 
"(b) ADMINISTRATION OF COURSES.—The Secretary of State shall 
have overall responsibility for the development and conduct of inter-
national nonproliferation education and training programs under 
this section, and may utilize other departments and agencies of 
the United States, as appropriate, to recommend personnel for 
the education and training and to administer specific courses of 
instruction. 
"(c) PURPOSES.—Education and training activities conducted 
under this section shall be— 
"(1) of a technical nature, emphasizing techniques for 
detecting, deterring, monitoring, interdicting, and countering 
proliferation; 
"(2) designed to encourage effective and mutually beneficial 
relations and increased understanding between the United 
States and friendly countries; and 
"(3) designed to improve the ability of friendly countries 
to utilize their resources with maximum effectiveness, thereby 
contributing to greater self-reliance by such countries. 
"(d) PRIORITY TO CERTAIN COUNTRIES.—In selecting personnel 
for education and training pursuant to this section, priority should 
be given to personnel from countries determined by the SecretEiry 
of State to be countries frequently transited by proliferation-related 
shipments of cargo.". 
SEC. 1304. RELOCATION OF SCIENTISTS. 
(a) REINSTATEMENT OF CLASSIFICATION AUTHORITY.—Section 4 
of the Soviet Scientists Immigration Act of 1992 (Public Law 102-
509; 106 Stat. 3316; 8 U.S.C. 1153 note) is amended by striking 
subsection (d) and inserting the following: 
"(d) DURATION OF AUTHORITY.—The authority under subsection 
(a) shall be in effect during the following periods: 
"(1) The period beginning on the date of the enactment 
of this Act and ending 4 years after such date. 
"(2) The period beginning on the date of the enactment 
of the Security Assistance Act of 2002 and ending 4 yeeirs 
after such date.". 
(b) LIMITATION ON NUMBER OF SCIENTISTS ELIGIBLE FOR VISAS 
UNDER AUTHORITY.—Section 4(c) of such Act (8 U.S.C. 1153 note) 
is amended by striking "750" and inserting "950". 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1437 
(c) LIMITATION ON ELIGIBILITY.—Section 4(a) of that Act (8 
U.S.C. 1153 note) is amended by adding at the end the following 
new sentence: "A scientist is not eligible for designation under 
this subsection if the scientist has previously been granted the 
status of an alien lawfully admitted for permanent residence (as 
defined in section 101(a)(20) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(20)).". 
(d) CONSULTATION REQUIREMENT.—The Attorney General shall 8 use 1153 note, 
consult with the Secretary, the Secretary of Defense, the Secretary 
of Energy, and the heads of other appropriate agencies of the 
United States regarding— 
(1) previous experience in implementing the Soviet Sci-
entists Immigration Act of 1992; and 
(2) any changes that those officials would recommend in 
the regulations prescribed under that Act. 
SEC. 1305. INTERNATIONAL ATOMIC ENERGY AGENCY REGULAR 
BUDGET ASSESSMENTS AND VOLUNTARY CONTRIBU-
TIONS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Department has concluded that the International 
Atomic Energy Agency (in this section referred to as the 
"IAEA") is a critical and effective instrument for verifying 
compliance with international nuclear nonproliferation agree-
ments, and that it serves as an essential barrier to the spread 
of nuclear weapons. 
(2) The IAEA furthers United States national security 
objectives by helping to prevent the proliferation of nuclear 
weapons material, especially through its work on effective 
verification and safeguards measures. 
(3) The IAEA can also perform a critical role in monitoring 
and verifying aspects of nuclear weapons reduction agreements 
between nuclear weapons states. 
(4) The IAEA has adopted a multifaceted action plan, to 
be funded by voluntary contributions, to address the threats 
posed by radioactive sources that could be used in a radiological 
weapon and will be the leading international agency in this 
effort. 
(5) As the IAEA has negotiated and developed more effec-
tive verification and safeguards measures, it has experienced 
significant real growth in its mission, especially in the vital 
area of nuclear safeguards inspections. 
(6) Nearly two decades of zero budget growth have affected 
the ability of the IAEA to carry out its mission and to hire 
and retain the most qualified inspectors and managers, as 
evidenced in the decreasing proportion of such personnel who 
hold doctorate degrees. 
(7) Increased voluntary contributions by the United States 
will be needed if the IAEA is to increase its safeguards activities 
and also to implement its action plan to address the worldwide 
risks posed by lost or poorly secured radioactive sources. 
(8) Although voluntary contributions by the United States 
lessen the IAEA's budgetary constraints, they cannot readily 
be used for the long-term capital investments or permanent 
staff increases necessary to an effective IAEA safeguards 
regime. 
116 STAT. 1438 
PUBLIC LAW 107-228—SEPT. 30, 2002 
(9) The recent United States decision to accept a 25 percent 
IAEA regular budget assessment was based upon a correct 
interpretation of existing law. It was not the intent of Congress 
that the United States contributions to all United Nations-
related organizations and activities be reduced pursuant to 
the Admiral James W. Nance and Meg Donovan Foreign Rela-
tions Authorization Act, Fiscal Years 2000 and 2001 (as enacted 
into law by section 1000(a)(7) of Public Law 106-113; 113 
Stat. 1501A-405 et seq.), which sets 22 percent assessment 
rates as benchmarks for the general United Nations budget, 
the Food and Agricultural Organization, the World Health 
Organization, and the International 
Labor 
Organization. 
Rather, contributions for an important and effective agency 
such as the IAEA should be maintained at levels commensurate 
with the criticality of its mission. 
(10) The Secretary should negotiate a gradual and sus-
tained increase in the regular budget of the International 
Atomic Energy Agency, which should begin with the 2004 
budget. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Of the funds author-
ized to be appropriated for Nonproliferation, 
Anti-terrorism, 
Demining, and Related Programs there is authorized to be appro-
priated $60,000,000 for fiscal year 2003 for a United States vol-
untary contribution to the International Atomic Energy Agency, 
including for the purpose of implementing the Protection Against 
Nuclear Terrorism program adopted by the International Atomic 
Energy Agency Board of Governors in March 2002. 
SEC. 1306. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF 
2000. 
(a) REPORTS ON PROLIFERATION TO IRAN.—Section 2 of the 
Iran Nonproliferation Act of 2000 (Public Law 106-178; 114 Stat. 
39; 50 U.S.C. 1701 note) is amended by adding at the end the 
following new subsection: 
"(e) CONTENT OF REPORTS.—Each report under subsection (a) 
shall contain, with respect to each foreign person identified in 
such report, a brief description of the type and quantity of the 
goods, services, or technology transferred by that person to Iran, 
the circumstances surrounding the transfer, the usefulness of the 
transfer to Iranian weapons programs, and the probable awareness 
or lack thereof of the transfer on the part of the government 
with primary jurisdiction over the person.". 
(b) DETERMINATION EXEMPTING FOREIGN PERSONS FROM CER-
50 use 1701 
TAIN MEASURES UNDER THE ACT.—Section 5(a)(2) of such Act is 
note. 
amended by striking "systems" and inserting "systems, or weapons 
listed on the Wassenaar Arrangement Munitions List of July 12, 
1996, or any subsequent revision of that list". 
SEC. 1307. AMENDMENTS TO THE NORTH KOREA THREAT REDUCTION 
ACT OF 1999. 
(a) RESTRICTIONS.—Section 822(a) of the North Korea Threat 
Reduction Act of 1999 (subtitle B of title VTII of division A of 
H.R. 3427, as enacted into law by section 1000(a)(7) of Public 
Law 106-113; appendix G; 113 Stat. 1501A-472) is amended by 
striking "nuclear material, facilities, components, or other goods, 
services, or technology that would be subject to such agreement," 
each of the two places it appears and inserting "specified nuclear 
item,". 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1439 
(b) SPECIFIED NUCLEAR ITEM DEFINED.—Section 823 of the 
North Korea Threat Reduction Act of 1999 is amended by inserting 
113 Stat. 
at the end the following: 
1501A-473. 
"(5) SPECIFIED NUCLEAR ITEM.—The term 'specified nuclear 
item' includes— 
"(A) nuclear material, facilities, components, or other 
goods, services, or technology the transfer of which to North 
Korea would be required by the Atomic Energy Act of 
1954 to be subject to an agreement for cooperation, as 
defined in section 11 b. of that Act (42 U.S.C. 2014 b.), 
between the United States and North Korea; and 
"(B) components that are listed on Annex A or Annex 
B to the Nuclear Suppliers Group Guidelines for the Export 
of Nuclear Material, Equipment and Technology (published 
by the International Atomic Energy Agency as Information 
Circular INFCIRC/254/Rev. 5/Part 1, or any subsequent 
revision thereof).". 
SEC. 1308. ANNUAL REPORTS ON THE PROLIFERATION OF MISSILES 
50 USC 2368. 
AND 
ESSENTIAL 
COMPONENTS 
OF 
NUCLEAR, 
BIOLOGICAL, CHEMICAL, AND RADIOLOGICAL WEAPONS. 
(a) REPORT.—Not later than March 1, 2003, and annually there-
after, the President shall transmit to the designated congressional 
committees an annual report on the transfer by any country of 
weapons, technology, components, or materials that can be used 
to deliver, manufacture (including research and experimentation), 
or weaponize nuclear, biological, chemical or radiological weapons 
(in this section referred to as "NBC weapons") to any country 
other than a country referred to in subsection (d) that is seeking 
to possess or otherwise acquire such weapons, technology, or mate-
rials, or other system that the Secretary or the Secretary of Defense 
has reason to believe could be used to develop, acquire, or deliver 
NBC weapons. 
(b) 
MATTERS TO BE INCLUDED.—Each such report shall 
include— 
(1) the transfer of all aircraft, cruise missiles, artillery 
weapons, unguided rockets and multiple rocket systems, and 
related bombs, shells, warheads and other weaponization tech-
nology and materials that the Secretary or the Secretary of 
Defense has reason to believe may be intended for the delivery 
of NBC weapons; 
(2) international transfers of MTCR equipment or tech-
nology to any country that is seeking to acquire such equipment 
or any other system that the Secretary or the Secretary of 
Defense has reason to believe may be used to deliver NBC 
weapons; and 
(3) the transfer of technology, test equipment, radioactive 
materials, feedstocks and cultures, and all other specialized 
materials that the Secretary or the Secretary of Defense has 
reason to believe could be used to manufacture NBC weapons. 
(c) CONTENT OF REPORT.—Each such report shall include the 
following with respect to preceding calendsu- year: 
(1) The status of missile, aircraft, and other NBC weapons 
delivery and weaponization programs in any such country, 
including efforts by such country or by any subnational group 
to acquire MTCR-controUed equipment, NBC-capable aircraft, 
or any other weapon or major weapon component which may 
Deadline. 
President. 
116 STAT. 1440 
PUBLIC LAW 107-228—SEPT. 30, 2002 
be utilized in the delivery of NBC weapons, whose primary 
use is the delivery of NBC weapons, or that the Secretary 
or the Secretary of Defense has reason to believe could be 
used to deliver NBC weapons. 
(2) The status of NBC weapons development, acquisition, 
manufacture, stockpiling, and deplo3anent programs in any such 
country, including efforts by such country or by any subnational 
group to acquire essential test equipment, manufacturing equip-
ment and technology, weaponization equipment and technology, 
and radioactive material, feedstocks or components of feed-
stocks, and biological cultures and toxins. 
(3) A description of assistance provided by any person 
or government, after the date of the enactment of this Act, 
to any such country or subnational group in the acquisition 
or development of— 
(A) NBC weapons; 
(B) missile systems, as defined in the MTCR or that 
the Secretary or the Secretary of Defense has reason to 
believe may be used to deliver NBC weapons; and 
(C) aircraft and other delivery systems and weapons 
that the Secretary or the Secretary of Defense has reason 
to believe could be used to deliver NBC weapons. 
(4) A listing of those persons and countries that continue 
to provide such equipment or technology described in paragraph 
(3) to any country or subnational group as of the date of 
submission of the report, including the extent to which foreign 
persons and countries were found to have knowingly and mate-
rially assisted such programs. 
(5) A description of the use of, or substantial preparations 
to use, the equipment of technology described in paragraph 
(3) by any foreign country or subnational group. 
(6) A description of the diplomatic measures that the 
United States, and that other adherents to the MTCR and 
other arrangements affecting the acquisition and delivery of 
NBC weapons, have made with respect to activities and private 
persons and governments suspected of violating the MTCR 
and such other arrangements. 
(7) An analysis of the effectiveness of the regulatory and 
enforcement regimes of the United States and other countries 
that adhere to the MTCR and other arrangements affecting 
the acquisition and delivery of NBC weapons in controlling 
the export of MTCR and other NBC weapons and delivery 
system equipment or technology. 
(8) A summary of advisory opinions issued under section 
llB(b)(4) of the Export Administration Act of 1979 (50 U.S.C. 
App. 2401b(b)(4)) and under section 73(d) of the Arms Export 
Control Act (22 U.S.C. 2797b(d)). 
(9) An explanation of United States policy regarding the 
transfer of MTCR equipment or technology to foreign missile 
programs, including programs involving launches of space 
vehicles. 
(10) A description of each transfer by any person or govern-
ment during the preceding 12-month period which is subject 
to sanctions under the Iran-Iraq Arms Non-Proliferation Act 
of 1992 (title XVI of Public Law 102-484). 
(d) EXCLUSIONS.—^The countries excluded under subsection (a) 
are Australia, Belgium, Canada, the Czech Republic, Denmark, 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1441 
France, Germany, Greece, Hungary, Iceland, Italy, Japan, Luxem-
bourg, the Netherlands, New Zealand, Norway, Poland, Portugal, 
Spain, Turkey, the United Kingdom, and the United States. 
(e) CLASSIFICATION OF REPORT.—^The Secretary shall make 
every effort to submit all of the information required by this section 
in unclassified form. Whenever the Secretary submits any such 
information in classified form, the Secretary shall submit such 
classified information in an addendum and shall also submit concur-
rently a detailed summary, in unclassified form, of that classified 
information. 
(f) DEFINITIONS.—In this section: 
(1) DESIGNATED CONGRESSIONAL COMMITTEES.—The term 
"designated congressional committees" means— 
(A) the Committee on Appropriations, the Committee 
on Armed Services, and the Committee on International 
Relations of the House of Representatives; and 
(B) the Committee on Appropriations, the Committee 
on Armed Services, and the Committee on Foreign Rela-
tions of the Senate. 
(2) MISSILE; MTCR; MTCR EQUIPMENT OR TECHNOLOGY.— 
The terms "missile", "MTCR", and "MTCR equipment or tech-
nology" have the meanings given those terms in section 74 
of the Arms Export Control Act (22 U.S.C. 2797c). 
(3) PERSON.—The term "person" means any United States 
or foreign individual, partnership, corporation, or other form 
of association, or any of its successor entities, parents, or 
subsidiaries. 
(4) WEAPONIZE; WEAPONIZATION.—The term "weaponize" or 
"weaponization" means to incorporate into, or the incorporation 
into, usable ordnance or other militarily useful means of 
delivery. 
(g) REPEALS.— 
(1) IN GENERAL.—^The following provisions of law are 
repealed: 
(A) Section 1097 of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993 (22 U.S.C. 2751 note). 
(B) Section 308 of the Chemical and Biological Weapons 
Control and Warfare Elimination Act of 1991 (22 U.S.C. 
5606). 
(C) Section 1607(a) of the Iran-Iraq Arms Non-Pro-
liferation Act of 1992 (Public Law 102-484). 
50 USC 1701 
(D) Paragraph (d) of section 585 of the Foreign Oper- note. 
ations. Export Financing, and Related Programs Appropria-
tions Act, 1997 (as contained in section 101(c) of title I 
of division A of Public Law 104-208; 110 Stat. 3009-171). 22 USC 2656 
(2) CONFORMING AMENDMENTS.—Section 585 of the Foreign note. 
Operations, Export Financing, and Related Programs Appro-
priations Act, 1997, is amended— 
22 USC 2656 
(A) in paragraph (b), by adding "and" at the end; note. 
and 
(B) in paragraph (c), by striking "; and" and inserting 
a period. 
SEC. 1309. THREE-YEAR INTERNATIONAL ARMS CONTROL AND NGN- 
DeadUne. 
PROLIFERATION STRATEGY. 
Not later than 180 days after the date of the enactment of 
this Act, the Secretary of State shall prepare and submit to the 
116 STAT. 1442 
PUBLIC LAW 107-228—SEPT. 30, 2002 
appropriate congressional committees a 3-year international arms 
control and nonproliferation strategy. The strategy shall contain 
the following: 
(1) A 3-year plan for the reduction of existing nuclear, 
chemical, and biological weapons and ballistic missiles and 
for controlling the proliferation of these weapons. 
(2) Identification of the goals and objectives of the United 
States with respect to arms control and nonproliferation of 
weapons of mass destruction and their delivery systems. 
(3) A description of the programs, projects, and activities 
of the Department of State intended to accomplish goals and 
objectives described in paragraph (2). 
Russian 
Subtltle B—Russlaii Federation Debt 
Federation Debt 
••-» 
i 
^» 
_
*
• 
ik.T 
!•_<• 
^' 
for 
Reduction for Nonproliferation 
Nonproliferation 
Act of 2002. 
22 u s e 5952 
SEC. 1311. SHORT TITLE. 
This subtitle may be cited as the "Russian Federation Debt 
for Nonproliferation Act of 2002". 
22 u s e 5952 
SEC. 1312. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) It is in the vital security interests of the United States 
to prevent the spread of weapons of mass destruction to addi-
tional states or to terrorist organizations, and to ensure that 
other nations' obligations to modify their stockpiles of such 
arms in accordance with treaties, executive agreements, or 
political commitments are fulfilled. 
(2) In particular, it is in the vital national security interests 
of the United States to ensure that— 
(A) all stocks of nuclear weapons and weapons-usable 
nuclear material in the Russian Federation are secure and 
accounted for; 
(B) stocks of nuclear weapons and weapons-usable 
nuclear material that are excess to military needs in the 
Russian Federation are monitored and reduced; 
(C) any chemical or biological weapons, related mate-
rials, and facilities in the Russian Federation are destroyed; 
(D) the Russian Federation's nuclear weapons complex 
is reduced to a size appropriate to its post-Cold War mis-
sions, and its experts in weapons of mass destruction tech-
nologies are shifted to gainful and sustainable civilian 
employment; 
(E) the Russian Federation's export control system 
blocks any proliferation of weapons of mass destruction, 
the means of delivering such weapons, and materials, 
equipment, know-how, or technology that would be used 
to develop, produce, or deliver such weapons; and 
(F) these objectives are accomplished with sufficient 
monitoring and transparency to provide confidence that 
they have in fact been accomplished and that the funds 
provided to accomplish these objectives have been spent 
efficiently and effectively. 
(3) United States programs should be designed to accom-
plish these vital objectives in the Russian Federation as rapidly 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1443 
as possible, and the President should develop and present to 
Congress a plan for doing so. 
(4) Substantial progress has been made in United States-
Russian Federation cooperative programs to achieve these 
objectives, but much more remains to be done to reduce the 
urgent risks to United States national security posed by the 
current state of the Russian Federation's weapons of mass 
destruction stockpiles and complexes. 
(5) The threats posed by inadequate management of 
weapons of mass destruction stockpiles and complexes in the 
Russian Federation remain urgent. Incidents in years imme-
diately preceding 2001, which have been cited by the Russia 
Task Force of the Secretary of Energy Advisory Board, include— 
(A) a conspiracy at one of the Russian Federation's 
largest nuclear weapons facilities to steal nearly enough 
highly enriched uranium for a nuclear bomb; 
(B) an attempt by an employee of the Russian Federa-
tion's premier nuclear weapons facility to sell nuclear 
weapons designs to agents of Iraq and Afghanistan; and 
(C) the theft of radioactive material from a Russian 
Federation submarine base. 
(6) Addressing these threats to United States and world 
security will ultimately consume billions of dollars, a burden 
that will have to be shared by the Russian Federation, the 
United States, and other governments, if these threats are 
to be neutralized. 
(7) The creation of new funding streams could accelerate 
progress in reducing these threats to United States security 
and help the government of the Russian Federation to fulfill 
its responsibility for secure management of its weapons stock-
piles and complexes as United States assistance phases out. 
(8) The Russian Federation has a significant foreign debt, 
a substantial proportion of which it inherited from the Soviet 
Union. 
(9) Past debt-for-environment exchanges, in which a portion 
of a country's foreign debt is canceled in return for certain 
environmental commitments or payments by that country, sug-
gest that a debt-for-nonproliferation exchange with the Russian 
Federation could be designed to provide additional funding 
for nonproliferation and arms reduction initiatives. 
(10) Most of the Russian Federation's official bilateral debt 
is held by United States allies that are advanced industrial 
democracies. Since the issues described pose threats to United 
States allies as well. United States leadership that results 
in a larger contribution from United States allies to cooperative 
threat reduction activities will be needed. 
(11) At the June 2002 meeting of the G-8 countries, agree-
ment was achieved on a G-8 Global Partnership against the 
Spread of Weapons and Materials of Mass Destruction, under 
which the advanced industrial democracies committed to con-
tribute $20,000,000,000 to nonproliferation programs in the 
Russian Federation during a 10-year period, with each contrib-
uting country having the option to fund some or all of its 
contribution through reduction in the Russian Federation's offi-
cial debt to that country. 
(12) The Russian Federation's Soviet-era official debt to 
the United States is estimated to be $480,000,000 in Lend-
116 STAT. 1444 
PUBLIC LAW 107-228—SEPT. 30, 2002 
Lease debt and $2,250,000,000 in debt as a result of credits 
extended under title I of the Agricultural Trade Development 
and Assistance Act of 1954 (7 U.S.C. 1701 et seq.). 
(b) PURPOSES.—^The purposes of this subtitle are— 
(1) to facilitate the accomplishment of the United States 
objectives described in the findings set forth in subsection (a) 
by providing for the use of a portion of the Russian Federation's 
foreign debt to fund nonproliferation programs, thus allowing 
the use of additional resources for these purposes; and 
(2) to help ensure that the resources made available to 
the Russian Federation are targeted to the accomplishment 
of the United States objectives described in the findings set 
forth in subsection (a). 
22 use 5952 
SEC. 1313. DEFINITIONS. 
In this subtitle: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
"appropriate congressional committees" means— 
(A) the Committee on International Relations and the 
Committee on Appropriations of the House of Representa-
tives; and 
(B) the Committee on Foreign Relations and the Com-
mittee on Appropriations of the Senate. 
(2) COST.—The term "cost" has the meaning given that 
term in section 502(5) of the Federal Credit Reform Act of 
1990 (2 U.S.C. 661a(5)). 
(3) RUSSIAN FEDERATION NONPROLIFERATION INVESTMENT 
AGREEMENT OR AGREEMENT.—The term "Russian Federation 
Nonproliferation Investment Agreement" or "Agreement" means 
the agreement between the tJnited States and the Russian 
Federation entered into under section 1315(a). 
(4) SOVIET-ERA DEBT.—The term "Soviet-era debt" means 
debt owed as a result of loans or credits provided by the 
United States (or any agency of the United States) to the 
Union of Soviet Socialist Republics under the Lend Lease Act 
of 1941 or the Commodity Credit Corporation Charter Act. 
(5) STATE SPONSOR OF INTERNATIONAL TERRORISM.—The 
term "state sponsor of international terrorism" means those 
countries that have been determined by the Secretary of State, 
for the purposes of section 40 of the Arms Export Control 
Act, section 620A of the Foreign Assistance Act of 1961, or 
section 6(j) of the Export Administration Act of 1979, to have 
repeatedly provided support for acts of international terrorism. 
22 use 5952 
SEC. 1314. AUTHORITY TO REDUCE THE RUSSIAN FEDERATION'S 
note. 
SOVIET-ERA DEBT OBLIGATIONS TO THE UNITED STATES. 
(a) AUTHORITY TO REDUCE DEBT.— 
(1) IN GENERAL.—Upon the entry into force of a Russian 
Federation Nonproliferation Investment Agreement, the Presi-
dent may reduce amounts of Soviet-era debt owed by the Rus-
sian Federation to the United States (or any agency or 
instrumentality of the United States) that are outstanding as 
of the last day of the fiscal year preceding the fiscal year 
for which appropriations are available for the reduction of 
debt, in accordance with this subtitle. 
(2) LIMITATION.—The authority provided by paragraph (1) 
shall be available only to the extent that appropriations for 
the cost (as defined in section 502(5) of the Federal Credit 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1445 
Reform Act of 1990) of reducing any debt pursuant to such 
subsection are made in advance. 
(3) SUPERSEDES EXISTING LAW.—The authority provided by 
paragraph (1) may be exercised notwithstanding section 620(r) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(r)) or 
section 321 of the International Development and Food Assist-
ance Act of 1975. 
(b) IMPLEMENTATION.— 
(1) DELEGATION OF AUTHORITY.—The President may dele-
gate any authority conferred upon the President in this subtitle 
to the Secretary of State. 
(2) ESTABLISHMENT OF TERMS AND CONDITIONS.—Consistent President, 
with this subtitle, the President shall establish the terms and 
conditions under which loans and credits may be reduced pursu-
ant to subsection (a). 
(3) IMPLEMENTATION.—In exercising the authority of sub- President, 
section (a), the President— 
(A) s h a l l notify— 
Notification. 
(i) the Department of State, with respect to obliga-
tions of the former Soviet Union under the Lend Lease 
Act of 1941; and 
(ii) the Commodity Credit Corporation, 
with 
respect to obligations of the former Soviet Union under 
the Commodity Credit Corporation Act; 
(B) shall direct the cancellation of old obligations and 
the substitution of new obligations consistent with the Rus-
sian Federation Nonproliferation Investment Agreement; 
and 
(C) shall direct the appropriate agency to make an 
adjustment in the relevant accounts to reflect the new 
debt treatment. 
(4) DEPOSIT OF REPAYMENTS.—^All repayments of out-
standing loan amounts under subsection (a) that are not des-
ignated under a Russian Federation Nonproliferation Invest-
ment Agreement shall be deposited in the United States 
Government accounts established for repa5rments of the original 
obligations. 
(5) NOT TREATED AS FOREIGN ASSISTANCE.—Any reduction 
of Soviet-era debt pursuant to this subtitle shall not be consid-
ered assistance for the purposes of any provision of law limiting 
assistance to a country. 
(c) AUTHORIZATION OF APPROPRIATION.— 
(1) IN GENERAL.—For the cost (as defined in section 502(5) 
of the Federal Credit Reform Act of 1990) of modifying any 
Soviet-era debt obligation pursuant to subsection (a), there 
are authorized to be appropriated to the President such sums 
as may be necessary. 
(2) AVAILABILITY OF FUNDS.—^Amounts appropriated pursu-
ant to paragraph (1) are authorized to remain available until 
expended. 
SEC. 1315. RUSSIAN FEDERATION NONPROLIFERATION INVESTMENT 
22 USC 5952 
AGREEMENT. 
note. 
(a) IN GENERAL.— 
(1) IN GENERAL.—^The President is authorized to enter into 
an agreement with the Russian Federation under which an 
amount equal to the value of the debt reduced pursuant to 
116 STAT. 1446 
PUBLIC LAW 107-228—SEPT. 30, 2002 
section 1314 will be used to promote the nonproliferation of 
weapons of mass destruction and the means of delivering such 
weapons. An agreement entered into under this section may 
be referred to as the "Russian Federation Nonproliferation 
Investment Agreement". 
President. 
(2) CONGRESSIONAL NOTIFICATION.—The President shall 
notify the appropriate congressional committees at least 15 
days in advance of the United States entering into a Russian 
Federation Nonproliferation Investment Agreement. 
(b) CONTENT OF THE AGREEMENT.—^The Russian Federation 
Nonproliferation Investment Agreement shall ensure that— 
(1) an amount equal to the value of the debt reduced 
pursuant to this subtitle will be made available by the Russian 
Federation for agreed nonproliferation programs and projects; 
(2) each program or project funded pursuant to the Agree-
ment will be approved by the President; 
(3) the administration and oversight of nonproliferation 
programs and projects will incorporate best practices from 
established threat reduction and nonproliferation assistance 
programs; 
(4) each program or project funded pursuant to the Agree-
ment will be subject to monitoring and audits conducted by 
or for the United States Government to confirm that agreed 
funds are expended on agreed projects and meet agreed targets 
and benchmarks; 
(5) unobligated funds for investments pursuant to the 
Agreement will not be diverted to other purposes; 
(6) funds allocated to programs and projects pursuant to 
the Agreement will not be subject to any taxation by the Rus-
sian Federation; 
(7) all matters relating to the intellectual property rights 
and legal liabilities of United States firms in any project will 
be agreed upon before the expenditure of funds would be author-
ized for that project; and 
(8) not less than 75 percent of the funds made available 
for each nonproliferation program or project under the Agree-
ment will be spent in the Russian Federation. 
(c) USE OF EXISTING MECHANISMS.—It is the sense of Congress 
that, to the extent practicable, the boards and administrative 
mechanisms of existing threat reduction and nonproliferation pro-
grams should be used in the administration and oversight of pro-
grams and projects under the Agreement. 
(d) JOINT AUDITING.—It is the sense of Congress that the United 
States and the Russian Federation should consider commissioning 
the United States General Accounting Office and the Russian 
Chamber of Accounts to conduct joint audits to ensure that the 
funds saved by the Russian Federation as a result of any debt 
reduction are used exclusively, efficiently, and effectively to imple-
ment agreed programs or projects pursuant to the Agreement. 
(e) STRUCTURE OF THE AGREEMENT.—It is the sense of Congress 
that the Agreement should provide for significant penalties— 
(1) if funds obligated for approved programs or projects 
are determined to have been misappropriated; and 
(2) if the President is unable to make the certification 
required by section 1317(a) for two consecutive years. 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1447 
SEC. 1316. INDEPENDENT MEDIA AND THE RULE OF LAW. 
22 USC 5952 
Notwithstanding section 1315 (a)(1) and (b)(1), up to 10 percent 
of the amount equal to the value of the debt reduced pursuant 
to this subtitle may be used to promote a vibrant, independent 
media sector and the rule of law in the Russian Federation through 
an endowment to support the establishment of a "Center for an 
Independent Press and the Rule of Law" in the Russian Federation, 
which shall be directed by a joint United States-Russian Board 
of Directors in which the majority of members, including the chair-
man, shall be United States personnel, and which shall be respon-
sible for management of the endowment, its funds, and the Center's 
programs. 
SEC. 1317. RESTRICTION ON DEBT REDUCTION AUTHORITY. 
22 USC 5952 
(a) PROLIFERATION TO STATE SPONSORS OF TERRORISM.—Subject °°*®' 
to the provisions of subsection (c), the debt reduction authority 
provided by section 1314 may not be exercised unless and until 
the President certifies to the appropriate congressional committees 
that the Russian Federation has made material progress in stem-
ming the flow of sensitive goods, technologies, material, and know-
how related to the design, development, and production of weapons 
of mass destruction and the means to deliver them to state sponsors 
of international terrorism. 
(b) ANNUAL DETERMINATION.—If, in any annual report to Con-
gress submitted pursuant to section 1321, the President cannot 
certify that the Russian Federation continues to meet the condition 
required in subsection (a), then, subject to the provisions of sub-
section (c), the debt reduction authority provided by section 1314 
may not be exercised unless and until such certification is made 
to the appropriate congressional committees. 
(c) PRESIDENTIAL WAIVER.—^The President may waive the 
requirements of subsection (a) or (b) for a fiscal year if the 
President— 
(1) determines that application of the subsection for a fiscal 
year would be counter to the national interest of the United 
States; and 
(2) so reports to the appropriate congressional committees. 
SEC. 1318. DISCUSSION OF RUSSIAN FEDERATION DEBT REDUCTION 22 USC 5952 
FOR NONPROLIFERATION WITH OTHER CREDITOR note. 
STATES. 
It is the sense of Congress that the President and such other 
appropriate officials as the President may designate should pursue 
discussions with other creditor states with the objectives of— 
(1) ensuring that other advanced industrial democracies, 
especially the largest holders of Soviet-era Russian debt, dedi-
cate significant proportions of their bilateral official debt with 
the Russian Federation or equivalent amounts of direct assist-
ance to the G-8 Global Partnership against the Spread of 
Weapons and Materials of Mass Destruction, as agreed upon 
in the Statement by G
—
8 Leaders on June 27, 2002; and 
(2) reaching agreement, as appropriate, to establish a uni-
fied Russian Federation official debt reduction fund to manage 
and provide financial transparency for the resources provided 
by creditor states through debt reductions. 
116 STAT. 1448 
PUBLIC LAW 107-228—SEPT. 30, 2002 
22 u s e 5952 
note. 
President. 
22 u s e 5952 
note. 
Deadlines. 
President. 
22 u s e 5952 
note. 
Nonproliferation 
Assistance 
eoordination Act 
of 2002. 
50 u s e 2301 
note. 
50 u s e 2357. 
SEC. 1319. IMPLEMENTATION OF UNITED STATES POLICY. 
It is the sense of Congress that implementation of debt-for-
nonproliferation programs with the Russian Federation should be 
overseen by the coordinating mechanism established pursuant to 
section 1334 of this Act. 
SEC. 1320. CONSULTATIONS WITH CONGRESS. 
The President shall consult with the appropriate congressional 
committees on a periodic basis to review the implementation of 
this subtitle and the Russian Federation's eligibility for debt reduc-
tion pursuant to this subtitle. 
SEC. 
1
3
2
1
. 
ANNUAL 
REPORTS 
TO 
CONGRESS. 
Not later than December 31, 2003, and not later than December 
31 of each year thereafter, the President shall prepare and transmit 
to Congress a report concerning actions taken to implement this 
subtitle during the fiscal year preceding the fiscal year in which 
the report is transmitted. The report on a fiscal year shall include— 
(1) a description of the activities undertaken pursuant to 
this subtitle during the fiscal year; 
(2) a description of the nature and amounts of the loans 
reduced pursuant to this subtitle during the fiscal year; 
(3) a description of any agreement entered into under this 
subtitle; 
(4) a description of the progress during the fiscal year 
of any projects funded pursuant to this subtitle; 
(5) a summary of the results of relevant audits performed 
in the fiscal year; and 
(6) a certification, if appropriate, that the Russian Federa-
tion continued to meet the condition required by section 1317(a), 
and an explanation of why the certification was or was not 
made. 
Subtitle C—Nonproliferation Assistance 
Coordination 
SEC. 1331. SHORT TITLE. 
This subtitle may be cited as the "Nonproliferation Assistance 
Coordination Act of 2002". 
SEC. 1332. FINDINGS. 
Congress finds that— 
(1) United States nonproliferation efforts in the inde-
pendent states of the former Soviet Union have achieved impor-
tant results in ensuring that weapons of mass destruction, 
weapons-usable material and technology, and weapons-related 
knowledge remain beyond the reach of terrorists and weapons-
proliferating states; 
(2) although these efforts are in the United States national 
security interest, the effectiveness of these efforts has suffered 
from a lack of coordination within and among United States 
Government agencies; 
(3) increased spending and investment by the United States 
private sector on nonproliferation efforts in the independent 
states of the former Soviet Union, specifically, spending and 
investment by the United States private sector in job creation 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1449 
initiatives and proposals for unemployed Russian Federation 
weapons scientists and technicians, are making an important 
contribution in ensuring that knowledge related to weapons 
of mass destruction remains beyond the reach of terrorists 
and weapons-proliferating states; and 
(4) increased spending and investment by the United States 
private sector on nonproliferation efforts in the independent 
states of the former Soviet Union make advisable the establish-
ment of a coordinating body to ensure that United States public 
and private efforts are not in conflict, and to ensure that 
public spending on efforts by the independent states of the 
former Soviet Union is maximized to ensure efficiency and 
further United States national security interests. 
SEC. 1333. DEFINITIONS. 
(a) INDEPENDENT STATES OF THE FORMER SOVIET UNION.— 
In this subtitle, the term "independent states of the former Soviet 
Union" has the meaning given the term in section 3 of the 
FREEDOM Support Act (22 U.S.C. 5801). 
(b) APPROPRIATE COMMITTEES OF CONGRESS.—In this subtitle, 
the term "the appropriate committees of Congress" means the 
Committees on Foreign Relations, Armed Services, and Appropria-
tions of the Senate and the Committees on International Relations, 
Armed Services, and Appropriations of the House of Representa-
tives. 
SEC. 1334. ESTABLISHMENT OF COMMITTEE ON NONPROLIFERATION 
ASSISTANCE. 
(a) IN GENERAL.—The President shall establish a mechanism 
to coordinate, with the maximum possible effectiveness and effi-
ciency, the efforts of United States Government departments and 
agencies engaged in formulating policy and carrying out programs 
for achieving nonproliferation and threat reduction. 
(b) MEMBERSHIP.—^The coordination mechanism established 
pursuant to subsection (a) shall include— 
(1) representatives designated by— 
(A) the Secretary of State; 
(B) the Secretary of Defense; 
(C) the Secretary of Energy; 
(D) the Secretary of Commerce; 
(E) the Attorney General; and 
(F) the Director of the Office of Homeland Security, 
or the head of a successor department or agency; and 
(2) such other executive branch officials as the President 
may select. 
(c) LEVEL OF REPRESENTATION.—^To the maximum extent pos-
sible, each department or agency's representative designated pursu-
ant to subsection (b)(1) shall be an official of that department 
or agency who has been appointed by the President with the advice 
and consent of the Senate. 
(d) CHAIR.—^The President shall designate an official to direct 
the coordination mechanism established pursuant to subsection (a). 
The official so designated may invite the head of any other depart-
ment or agency of the United States to designate a representative 
of that department or agency to participate from time to time 
in the activities of the Committee. 
50 u s e 2357a. 
President. 
50 u s e 2357b. 
116 STAT. 1450 
PUBLIC LAW 107-228—SEPT. 30, 2002 
50 u s e 2357c. 
SEC. 1335. PURPOSES AND AUTHORITY. 
(a) PURPOSES.— 
(1) IN GENERAL.—The primary purpose of the coordination 
mechanism established pursuant to section 1334 of this Act 
should be— 
(A) to exercise continuing responsibility for coordi-
nating worldwide United States nonproliferation and threat 
reduction efforts to ensure that they effectively implement 
United States policy; and 
(B) to enhance the ability of participating departments 
and agencies to anticipate growing nonproliferation areas 
of concern. 
(2) 
PROGRAM 
MONITORING 
AND 
COORDINATION.—The 
coordination mechanism established pursuant to section 1334 
of this Act should have primary continuing responsibility within 
the executive branch of the Government for— 
(A) United States nonproliferation and threat reduction 
efforts, and particularly such efforts in the independent 
states of the former Soviet Union; and 
(B) coordinating the implementation of United States 
policy with respect to such efforts. 
(b) AUTHORITY.—In carrying out the responsibilities described 
in subsection (a), the coordination mechanism established pursuant 
to section 1334 of this Act should have, at a minimum, the authority 
to— 
(1) establish such subcommittees and working groups as 
it deems necessary; 
(2) direct the preparation of analyses on issues and prob-
lems relating to coordination within and among United States 
departments and agencies on nonproliferation and threat reduc-
tion efforts; 
(3) direct the preparation of analyses on issues and prob-
lems relating to coordination between the United States public 
and private sectors on nonproliferation and threat reduction 
efforts, including coordination between public and private 
spending on nonproliferation and threat reduction programs 
and coordination between public spending and private invest-
ment in defense conversion activities of the independent states 
of the former Soviet Union; 
(4) provide guidance on arrangements that will coordinate, 
deconflict, and maximize the utility of United States public 
spending on nonproliferation and threat reduction programs, 
and particularly such efforts in the independent states of the 
former Soviet Union; 
(5) encourage companies and nongovernmental organiza-
tions involved in nonproliferation efforts of the independent 
states of the former Soviet Union or other countries of concern 
to voluntarily report these efforts to it; 
(6) direct the preparation of analyses on issues and prob-
lems relating to the coordination between the United States 
and other countries with respect to nonproliferation efforts, 
and particularly such efforts in the independent states of the 
former Soviet Union; and 
(7) consider, and make recommendations to the President 
with respect to, proposals for such new legislation or regulations 
relating to United States nonproliferation efforts as may be 
necessary. 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1451 
SEC. 1336. ADMINISTRATIVE SUPPORT. 
50 USC 2357d. 
All United States departments and agencies shall provide, to 
the extent permitted by law, such information and assistance as 
may be requested by the coordination mechanism established pursu-
ant to section 1334 of this Act, in carrying out its functions and 
activities under this subtitle. 
SEC. 1337. CONFIDENTIALITY OF INFORMATION. 
50 USC 2357e. 
Information which has been submitted to or received by the 
coordination mechanism established pursuant to section 1334 of 
this Act in confidence shall not be publicly disclosed, except to 
the extent required by law, and such information shall be used 
by it only for the purpose of carrying out the functions set forth 
in this subtitle. 
SEC. 1338. STATUTORY CONSTRUCTION. 
50 USC 2357f. 
Nothing in this subtitle— 
(1) applies to the data-gathering, regulatory, or enforcement 
authority of any existing United States department or agency 
over nonproliferation efforts in the independent states of the 
former Soviet Union, and the review of those efforts undertaken 
by the coordination mechanism established pursuant to section 
1334 of this Act shall not in any way supersede or prejudice 
any other process provided by law; or 
(2) applies to any activity that is reportable pursuant to 
title V of the National Security Act of 1947 (50 U.S.C. 413 
et seq.). 
SEC. 1339. REPORTING AND CONSULTATION. 
50 USC 2357g. 
(a) PRESIDENTIAL REPORT.—^Not later than 120 days after each Deadline, 
inauguration of a President, the President shall submit a report 
to the Congress on his general and specific nonproliferation and 
threat reduction objectives and how the efforts of executive branch 
agencies will be coordinated most effectively, pursuant to section 
1334 of this Act, to achieve those objectives. 
(b) CONSULTATION.—The President should consult with and 
brief, from time to time, the appropriate committees of Congress 
regarding the efficacy of the coordination mechanism established 
pursuant to section 1334 of this Act in achieving its stated objec-
tives. 
Subtitle D—Iran Nuclear Proliferation 
Prevention Act of 2002 
SEC. 134 L SHORT TITLE. 
This subtitle may be cited as the "Iran Nuclear Proliferation 
Prevention Act of 2002". 
SEC. 1342. WITHHOLDING OF VOLUNTARY CONTRIBUTIONS TO THE 
INTERNATIONAL ATOMIC ENERGY AGENCY FOR PRO-
GRAMS AND PROJECTS IN IRAN. 
Section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2227) is amended by adding at the end the following: 
"(d)(1) Notwithstanding subsection (c), if the Secretary of State 
determines that programs and projects of the International Atomic 
Energy Agency in Iran are inconsistent with United States nuclear 
Iran Nuclear 
Proliferation 
Prevention Act of 
2002. 
22 USC 2021 
note. 
116 STAT. 1452 
PUBLIC LAW 107-228—SEPT. 30, 2002 
Effective date. 
22 u s e 2027. 
Deadline. 
22 u s e 2021 
note. 
Deadline. 
nonproliferation and safety goals, will provide Iran with training 
or expertise relevant to the development of nuclear weapons, or 
are being used as a cover for the acquisition of sensitive nuclear 
technology, the limitations of subsection (a) shall apply to such 
programs and projects, and the Secretary of State shall so notify 
the appropriate congressional committees (as defined in section 
3 of the Foreign Relations Authorization Act, Fiscal Year 2003). 
"(2) A determination made by the Secretary of State under 
paragraph (1) shall be effective for the 1-year period beginning 
on the date of the determination.". 
SEC. 1343. ANNUAL REVIEW BY SECRETARY OF STATE OF PROGRAMS 
AND 
PROJECTS 
OF 
THE 
INTERNATIONAL ATOMIC 
ENERGY AGENCY; UNITED STATES OPPOSITION TO CER-
TAIN PROGRAMS AND PROJECTS OF THE AGENCY. 
(a) ANNUAL REVIEW.— 
(1) IN GENERAL.—The Secretary shall undertake a com-
prehensive annual review of all programs and projects of the 
International Atomic Energy Agency (IAEA) in the countries 
described in section 307(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2227(a)) and shall determine if such programs 
and projects are consistent with United States nuclear non-
proliferation and safety goals. 
(2) REPORT.—Not later than one year after the date of 
enactment of this Act, and on an annual basis thereafter for 
five years, the Secretary shall submit to Congress a report 
containing the results of the review under paragraph (1). 
(b) OPPOSITION TO CERTAIN PROGRAMS AND PROJECTS OF INTER-
NATIONAL ATOMIC ENERGY AGENCY.—^The Secretary shall direct 
the United States representative to the International Atomic Energy 
Agency to oppose programs of the Agency that are determined 
by the Secretary under the review conducted under subsection 
(a)(1) to be inconsistent with nuclear nonproliferation and safety 
goals of the United States. 
SEC. 1344. REPORTING REQUIREMENTS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, and on an annual basis thereafter for five 
years, the Secretary, in consultation with the United States rep-
resentative to the International Atomic Energy Agency, shall pre-
pare and submit to Congress a report that contains— 
(1) a description of the total amount of annual assistance 
to Iran from the International Atomic Energy Agency; 
(2) a list of Iranian officials in leadership positions at 
the Agency; 
(3) the expected timeframe for the completion of the nuclear 
power reactors at the Bushehr nuclear power plant; 
(4) a summary of the nuclear materials and technology 
transferred to Iran from the Agency in the preceding year 
that could assist in the development of Iran's nuclear weapons 
program; and 
(5) a description of all programs and projects of the Inter-
national 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 coopera-
tion and assistance programs and projects of the Agency and 
United States nuclear nonproliferation and safety goals in those 
countries. 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1453 
(b) ADDITIONAL REQUIREMENT.—The report required to be sub-
mitted under subsection (a) shall be submitted in an unclassified 
form, to the extent appropriate, but may include a classified annex. 
SEC. 1345. SENSE OF CONGRESS. 
It is the sense of Congress that the President should pursue 
internal reforms at the International Atomic Energy Agency that 
will ensure that all programs and projects funded under the Tech-
nical Cooperation and Assistance Fund of the Agency are compatible 
with United States nuclear nonproliferation policy and international 
nuclear nonproliferation norms. 
TITLE XIV—EXPEDITING THE 
MUNITIONS LICENSING PROCESS 
SEC. 1401. LICENSE OFFICER STAFFING. 
(a) FUNDING.—Of the amount authorized to be appropriated 
by section 111(a)(1)(A), $10,000,000 is authorized to be available 
for salaries and expenses of the Office of Defense Trade Controls 
of the Department. 
(b) 
ASSIGNMENT OF LICENSE 
REVIEW 
OFFICERS.—Effective 
January 1, 2003, the Secretary shall assign to the Office of Defense 
Trade Controls of the Department a sufficient number of license 
review officers to ensure that the average weekly caseload for 
each officer does not routinely exceed 40. 
(c) DETAILEES.—Given the priority placed on expedited license 
reviews in recent years by the Department of Defense, the Secretary 
of Defense should ensure that 10 military officers are continuously 
detailed to the Office of Defense Trade Controls of the Department 
of State on a nonreimbursable basis. 
SEC. 1402. FUNDING FOR DATABASE AUTOMATION. 
Of the amount authorized to be appropriated by section 
111(a)(2), $4,000,000 is authorized to be available for the Office 
of Defense Trade Controls of the Department for the modernization 
of information management systems. 
SEC. 1403. INFORMATION MANAGEMENT PRIORITIES. 
(a) OBJECTIVE.—The Secretary shall establish a secure, Inter-
net-based system for the filing and review of applications for export 
of Munitions List items. 
(b) ESTABLISHMENT OF AN ELECTRONIC SYSTEM.—Of the amount 
made available pursuant to section 1402 of this Act, $3,000,000 
is authorized to be available to fully automate the Defense Trade 
Application System, and to ensure that the system— 
(1) is a secure, electronic system for the filing and review 
of Munitions List license applications; 
(2) is accessible by United States companies through the 
Internet for the purpose of filing and tracking their Munitions 
List license applications; and 
(3) is capable of exchanging data with— 
(A) the Export Control Automated Support System of 
the Department of Commerce; 
(B) the Foreign Disclosure and Technology Information 
System and the USXPORTS systems of the Department 
of Defense; 
Effective date. 
22 u s e 2778 
note. 
Internet. 
Records. 
116 STAT. 1454 
PUBLIC LAW 107-228—SEPT. 30, 2002 
(C) the Export Control System of the Central Intel-
ligence Agency; and 
(D) the Proliferation Information Network System of 
the Department of Energy. 
(c) MUNITIONS LIST DEFINED.—In this section, the term "Muni-
tions List" means the United States Munitions List of defense 
articles and defense services controlled under section 38 of the 
Arms Export Control Act (22 U.S.C. 2778). 
SEC. 1404. IMPROVEMENTS TO THE AUTOMATED EXPORT SYSTEM. 
13 u s e 301 note. 
(a) CONTRIBUTION TO THE AUTOMATED EXPORT SYSTEM.—Of 
the amount provided under section 1402 of this Act, $250,000 
is authorized to be available for the purpose of— 
(1) providing the Department with full access to the Auto-
mated Export System; 
(2) ensuring that the system is modified to meet the needs 
of the Department, if such modifications are consistent with 
the needs of other United States Government agencies; and 
(3) providing operational support. 
Regulations. 
(b) MANDATORY FILING.—The Secretary of Commerce, with the 
Federal Register, 
concurrence of the Secretary of State and the Secretary of Treasury, 
13^SC*301 note 
shall publish regulations in the Federal Register to require, upon 
the effective date of those regulations, that all persons who are 
required to file export information under chapter 9 of title 13, 
United States Code, file such information through the Automated 
Export System. 
13 u s e 301 note. 
(c) REQUIREMENT FOR INFORMATION SHARING.—^The S e c r e t a r y 
shall conclude an information-sharing arrangement with the heads 
of the United States Customs Service and the Census Bureau— 
(1) to allow the Department to access information on con-
trolled exports made through the United States Postal Service; 
and 
(2) to adjust the Automated Export System to parallel 
information currently collected by the Department. 
(d) SECRETARY OF TREASURY FUNCTIONS.—Section 303 of title 
13, United States Code, is amended by striking ", other than by 
mail,". 
(e) FILING EXPORT INFORMATION, DELAYED FILINGS, PENALTIES 
FOR FAILURE TO FILE.—Section 304 of title 13, United States Code, 
is amended— 
(1) in subsection (a)— 
(A) in the first sentence, by striking "the penal sum 
of $1,000" and inserting "a penal sum of $10,000"; and 
(B) in the third sentence, by striking "a penalty not 
to exceed $100 for each day's delinquency beyond the pre-
scribed period, but not more than $1,000," and inserting 
"a penalty not to exceed $1,000 for each day's delinquency 
beyond the prescribed period, but not more than $10,000 
per violation"; 
(2) by redesignating subsection (b) as subsection (c); and 
(3) by inserting after subsection (a) the following: 
"(b) Any person, other than a person described in subsection 
(a), required to submit export information, shall file such informa-
tion in accordance with any rule, regulation, or order issued pursu-
ant to this chapter. In the event any such information or reports 
are not filed within such prescribed period, the Secretary of Com-
merce (and officers of the Department of Commerce specifically 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1455 
designated by the Secretary) may impose a civil penalty not to 
exceed $1,000 for each day's delinquency beyond the prescribed 
period, but not more than $10,000 per violation.". 
(f) ADDITIONAL PENALTIES.— 
(1) IN GENERAL.—Section 305 of title 13, United States 
Code, is amended to read as follows: 
"SEC. 305. PENALTIES FOR UNLAWFUL EXPORT INFORMATION ACTIVI-
TIES. 
"(a) CRIMINAL PENALTIES.— 
"(1) FAILURE TO FILE; SUBMISSION OF FALSE OR MISLEADING 
INFORMATION.—^Any person who knowingly fails to file or know-
ingly submits false or misleading export information through 
the Shippers Export Declaration (SED) (or any successor docu-
ment) or the Automated Export System (AES) shall be subject 
to a fine not to exceed $10,000 per violation or imprisonment 
for not more than 5 years, or both. 
"(2) FURTHERANCE OF ILLEGAL ACTIVITIES.—Any person who 
knowingly reports any information on or uses the SED or 
the AES to further any illegal activity shall be subject to 
a fine not to exceed $10,000 per violation or imprisonment 
for not more than 5 years, or both. 
"(3) FORFEITURE PENALTIES.—^Any person who is convicted 
under this subsection shall, in addition to any other penalty, 
be subject to forfeiting to the United States— 
"(A) any of that person's interest in, security of, claim 
against, or property or contractual rights of any kind in 
the goods or tangible items that were the subject of the 
violation; 
"(B) any of that person's interest in, security of, claim 
against, or property or contractual rights of any kind in 
tangible property that was used in the export or attempt 
to export that was the subject of the violation; and 
"(C) any of that person's property constituting, or 
derived from, any proceeds obtained directly or indirectly 
as a result of the violation. 
"(b) CIVIL PENALTIES.—^The Secretary (and officers of the 
Department of Commerce specifically designated by the Secretary) 
may impose a civil penalty not to exceed $10,000 per violation 
on any person violating the provisions of this chapter or any rule, 
regulation, or order issued thereunder, except as provided in section 
304. Such penalty may be in addition to any other penalty imposed 
by law. 
"(c) CIVIL PENALTY PROCEDURE.— 
"(1) IN GENERAL.—^Whenever a civil penalty is sought for 
a violation of this section or of section 304, the charged party 
is entitled to receive a formal complaint specifying the charges 
and, at his or her request, to contest the charges in a hearing 
before an administrative law judge. Any such hearing shall 
be conducted in accordance with sections 556 and 557 of title 
5, United States Code. 
"(2) COMMENCEMENT OF CIVIL ACTIONS.—If any person fails 
to pay a civil penalty imposed under this chapter, the Secretary 
may request the Attorney General to commence a civil action 
in an appropriate district court of the United States to recover 
the amount imposed (plus interest at currently prevailing rates 
99-194O-03-22:QL3Part2 
116 STAT. 1456 
PUBLIC LAW 107-228—SEPT. 30, 2002 
from the date of the final order). No such action may be com-
menced more than 5 years after the date the order imposing 
the civil penalty becomes final. In such action, the validity, 
amount, and appropriateness of such penalty shall not be sub-
ject to review. 
"(3) REMISSION OR MITIGATION OF PENALTIES.—The Sec-
retary may remit or mitigate any penalties imposed under 
paragraph (1) if, in the Secretary's opinion— 
"(A) the penalties were incurred without willful neg-
ligence or fraud; or 
"(B) other circumstances exist that justify a remission 
or mitigation. 
"(4) APPLICABLE LAW FOR DELEGATED 
FUNCTIONS.—If, 
pursuant to section 306, the Secretary delegates functions under 
this section to another agency, the provisions of law of that 
agency relating to penalty assessment, remission or mitigation 
of such penalties, collection of such penalties, and limitations 
of actions and compromise of claims, shall apply. 
"(5) DEPOSIT OF PAYMENTS IN GENERAL FUND OF THE 
TREASURY.—^Any amount paid in satisfaction of a civil penalty 
imposed under this section or section 304 shall be deposited 
into the general fund of the Treasury and credited as miscella-
neous receipts. 
"(d) ENFORCEMENT.— 
"(1) BY THE SECRETARY OF COMMERCE.—The Secretary of 
Commerce may designate officers or employees of the Office 
of Export Enforcement to conduct investigations pursuant to 
this chapter. In conducting such investigations, those officers 
or employees may, to the extent necessary or appropriate to 
the enforcement of this chapter, exercise such authorities as 
are conferred upon them by other laws of the United States, 
subject to policies and procedures approved by the Attorney 
General. 
"(2) BY THE COMMISSIONER OF CUSTOMS.—^The Commis-
sioner of Customs may designate officers or employees of the 
Customs Service to enforce the provisions of this chapter, or 
to conduct investigations pursuant to this chapter. 
"(e) REGULATIONS.—^The Secretary of Commerce shall promul-
gate regulations for the implementation and enforcement of this 
section. 
"(f) EXEMPTION.—^The criminal fines provided for in this section 
are exempt from the provisions of section 3571 of title 18, United 
States Code.". 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 9 of title 13, United States Code, is 
amended by striking the item relating to section 305 and 
inserting the following: 
"305. Penalties for unlawful export information activities.". 
SEC. 1405. ADJUSTMENT OF THRESHOLD AMOUNTS FOR CONGRES-
SIONAL REVIEW PURPOSES. 
(a) IN GENERAL.—^The Arms Export Control Act is amended— 
(1) in section 3(d) (22 U.S.C. 2753(d))— 
(A) in paragraphs (1) and (3)(A), by striking 'The Presi-
dent may not" and inserting "Subject to paragraph (5), 
the President may not"; and 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1457 
(B) by adding at the end of the following new para-
graph: 
"(5) In the case of a transfer to a member country of the 
North Atlantic Treaty Organization (NATO) or Australia, Japan, 
or New Zealand that does not authorize a new sales territory 
that includes any country other than such countries, the limitations 
on consent of the President set forth in paragraphs (1) and (3)(A) 
shall apply only if the transfer is— 
"(A) a transfer of major defense equipment valued (in terms 
of its original acquisition cost) at $25,000,000 or more; or 
"(B) a transfer of defense articles or defense services valued 
(in terms of its original acquisition cost) at $100,000,000 or 
more)."; 
(2) in section 36 (22 U.S.C. 2776)— 
(A) in subsection (b)— 
(i) in paragraph (1), by striking "(1) In the case 
of and inserting "(1) Subject to paragraph (6), in the 
case of; 
(ii) in paragraph (5)(C), by striking "(C) If and 
inserting "(C) Subject to paragraph (6), if; and 
(iii) by adding at the end of the following new 
paragraph: 
"(6) The limitation in paragraph (1) and the requirement in 
paragraph (5)(C) shall apply in the case of a letter of offer to 
sell to a member country of the North Atlantic Treaty Organization 
(NATO) or Australia, Japan, or New Zealand that does not authorize 
a new sales territory that includes any country other than such 
countries only if the letter of offer involves— 
"(A) the sale of major defense equipment under this Act 
for, or the enhancement or upgrade of major defense equipment 
at a cost of, $25,000,000 or more, as the case may be; and 
"(B) the sale of defense articles or services for, or the 
enhancement or upgrade of defense articles or services at a 
cost of, $100,000,000 or more, as the case may be; or 
"(C) the sale of design and construction services for, or 
the enhancement or upgrade of design and construction services 
at a cost of, $300,000,000 or more, as the case may be."; 
and 
(B) in subsection (c)— 
(i) in paragraph (1), by striking "(1) In the case 
of and inserting "(1) Subject to paragraph (5), in the 
case of; and 
(ii) by adding at the end the following new para-
graph: 
"(5) In the case of an application by a person (other than 
with regard to a sale under section 21 or 22 of this Act) for 
a license for the export to a member country of the North Atlantic 
Treaty Organization (NATO) or Australia, Japan, or New Zealand 
that does not authorize a new sales territory that includes any 
country other than such countries, the limitations on the issuance 
of the license set forth in paragraph (1) shall apply only if the 
license is for export of— 
"(A) major defense equipment sold under a contract in 
the amount of $25,000,000 or more; or 
"(B) defense articles or defense services sold under a con-
tract in the amount of $100,000,000 or more."; 
(3) in section 63(a) (22 U.S.C. 2796b(a))— 
116 STAT. 1458 
PUBLIC LAW 107-228—SEPT. 30, 2002 
22 use 
2799aa-l note. 
(A) by striking "In the case of and inserting "(1) Sub-
ject to paragraph (2), in the case of; and 
(B) by adding at the end the following new paragraph: 
"(2) In the case of an agreement described in paragraph (1) 
that is entered into with a member country of the North Atlantic 
Treaty Organization (NATO) or Australia, Japan, or New Zealand, 
the limitations in paragraph (1) shall apply only if the agreement 
involves a lease or loan o
f
— 
"(A) major defense equipment valued (in terms of its 
replacement cost less any depreciation in its value) at 
$25,000,000 or more; or 
"(B) defense articles valued (in terms of their replacement 
cost less any depreciation in their value) at $100,000,000 or 
more."; and 
(4) in section 47 (22 U.S.C. 2794), as amended by section 
1202(b) of this Act— 
(A) by striking "and" at the end of paragraph (9); 
(B) by striking the period at the end of paragraph 
(10) and inserting "; and"; and 
(C) by adding at the end the following new paragraph: 
"(11) 'Sales territory' means a country or group of countries 
to which a defense article or defense service is authorized 
to be reexported.". 
(b) LICENSES FOR EXPORTS TO INDIA AND PAKISTAN.—Section 
9001(e) of the Department of Defense Appropriations Act, Fiscal 
Year 2000 (Public Law 106-79) is amended by adding at the end 
the following: "The application of these requirements shall be sub-
ject to the dollar amount thresholds specified in that section.". 
SEC. 1406. CONGRESSIONAL NOTIFICATION OF REMOVAL OF ITEMS 
FROM THE MUNITIONS LIST. 
Section 38(f)(1) of the Arms Export Control Act (22 U.S.C. 
2778(f)(1)) is amended by striking the third sentence and inserting 
the following: "The President may not remove any item from the 
Munitions List until 30 days after the date on which the President 
has provided notice of the proposed removal to the Committee 
on International Relations of the House of Representatives and 
to the Committee on Foreign Relations of the Senate in accordance 
with the procedures applicable to reprogramming notifications 
under section 634A(a) of the Foreign Assistance Act of 1961. Such 
notice shall describe the nature of any controls to be imposed 
on that item under any other provision of law.". 
TITLE XV—NATIONAL SECURITY 
ASSISTANCE STRATEGY 
Deadline. 
SEC. 1501. BRIEFING ON THE STRATEGY. 
Not later than March 31, 2003, officials of the Department 
and the Department of Defense shall brief the appropriate congres-
sional committees regarding their plans and progress in formulating 
and implementing a national security assistance strategy. This 
briefing shall include— 
(1) a description of how, and to what extent, the elements 
of the strategy recommended in section 501(b) of the Security 
Assistance Act of 2000 (22 U.S.C. 2305(b)) have been or will 
be incorporated in security assistance plans and decisions; 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1459 
(2) the number of out-years considered in the strategy; 
(3) a description of the actions taken to include the pro-
grams hsted in section 501(c) of the Security Assistance Act 
of 2000 (22 U.S.C. 2305(c)), as well as similar programs of 
military training or other assistance to the military or security 
forces of a foreign country; 
(4) a description of how a national security assistance 
strategy is being implemented regarding specific countries; 
(5) a description of any programmatic changes adopted 
or expected as a result of adopting a strategic approach to 
security assistance polic3Tnaking; 
(6) a description of any obstacles encountered in formu-
lating or implementing a national security assistance strategy; 
and 
(7) a description of any resource or legislative needs high-
lighted by this process. 
SEC. 1502. SECURITY ASSISTANCE SURVEYS. 
(a) UTILIZATION.—The Secretary should utilize security assist-
ance surveys in preparation of a national security assistance 
strategy pursuant to section 501 of the Security Assistance Act 
of2000 (22 U.S.C. 2305). 
(b) FUNDING.—Of the amount made available for the fiscal 
year 2003 under section 23 of the Arms Export Control Act (22 
U.S.C. 2763), $2,000,000 is authorized to be available to the Sec-
retary to conduct security assistance surveys, or to request such 
surveys, on a reimbursable basis, by the Department of Defense 
or other United States Government agencies. Such surveys shall 
be conducted consistent with the requirements of section 26 of 
the Arms Export Control Act (22 U.S.C. 2766). 
TITLE XVI—MISCELLANEOUS 
PROVISIONS 
SEC. 
1601. NUCLEAR AND MISSILE NONPROLIFERATION IN SOUTH 
ASIA. 
(a) UNITED STATES POLICY.—It shall be the policy of the United 
States, consistent with its obligations under the Treaty on the 
Non-Proliferation of Nuclear Weapons (21 U.S.T. 483), to encourage 
and work with the governments of India and Pakistan to achieve 
the following objectives by September 30, 2003: 
(1) Continuation of a nuclear testing moratorium. 
(2) Commitment not to deploy nuclear weapons. 
(3) Commitment not to deploy ballistic missiles that can 
carry nuclear weapons and to restrain the ranges and types 
of missiles developed or deployed. 
(4) Agreement by both governments to bring their export 
controls in accord with the guidelines and requirements of 
the Nuclear Suppliers Group. 
(5) Agreement by both governments to bring their export 
controls in accord with the guidelines and requirements of 
the Zangger Committee. 
(6) Agreement by both governments to bring their export 
controls in accord with the guidelines, requirements, and 
annexes of the Missile Technology Control Regime. 
116 STAT. 1460 
PUBLIC LAW 107-228—SEPT. 30, 2002 
Deadline. 
President. 
42 u s e 7704 
note. 
Deadline. 
22 u s e 2655b. 
(7) Establishment of a modern, effective system to control 
the export of sensitive dual-use items, technology, technical 
information, and materiel that can be used in the design, 
development, or production of weapons of mass destruction 
and ballistic missiles. 
(8) Conduct of bilateral meetings between Indian and Paki-
stani senior officials to discuss security issues and establish 
confidence-building measures with respect to nuclear policies 
and programs. 
(b) FURTHER UNITED STATES POLICY.—It shall also be the policy 
of the United States, consistent with its obligations under the 
Treaty on the Nonproliferation of Nuclear Weapons (21 U.S.T. 483), 
to encourage, and, where appropriate, to work with, the Govern-
ments of India and Pakistan to achieve not later than September 
30, 2003, the establishment by those governments of modern, effec-
tive systems to protect and secure their nuclear devices and materiel 
from unauthorized use, accidental employment, or theft. Any such 
dialogue with India or Pakistan would not be represented or consid-
ered, nor would it be intended, as granting any recognition to 
India or Pakistan, as appropriate, as a nuclear weapon state (as 
defined in the Treaty on the Non-Proliferation of Nuclear Weapons). 
(c) REPORT.—Not later than March 1, 2003, the President shall 
submit to the appropriate congressional committees a report 
describing United States efforts to achieve the objectives listed 
in subsections (a) and (b), the progress made toward the achieve-
ment of those objectives, and the likelihood that each objective 
will be achieved by September 30, 2003. 
SEC. 1602. REAL-TIME PUBLIC AVAILABILITY OF RAW SEISMOLOGICAL 
DATA. 
The head of the Air Force Technical Applications Center shall 
make available to the public, immediately upon receipt or as soon 
after receipt as is practicable, all raw seismological data provided 
to the United States Government by any international monitoring 
organization that is directly responsible for seismological moni-
toring. 
SEC. 1603. DETAILING UNITED STATES GOVERNMENTAL PERSONNEL 
TO 
INTERNATIONAL 
ARMS 
CONTROL 
AND 
NON-
PROUFERATION ORGANIZATIONS. 
(a) IN GENERAL.—^The Secretary, in consultation with the Secre-
taries of Defense and Energy and the heads of other relevant 
United States departments and agencies, as appropriate, should 
develop measures to improve the process by which United States 
Government personnel may be detailed to international arms control 
and nonproliferation organizations without adversely affecting the 
pay or career advancement of such personnel. 
(b) REPORT REQUIRED.—Not later than May 1, 2003, the Sec-
retary shall submit a report to the Committee on Foreign Relations 
of the Senate and the Committee on International Relations of 
the House of Representatives setting forth the measures taken 
under subsection (a). 
SEC. 1604. DIPLOMATIC PRESENCE OVERSEAS. 
(a) PURPOSE.—^The purpose of this section is to— 
(1) elevate the stature given United States diplomatic ini-
tiatives relating to nonproliferation 
and 
political-military 
issues; and 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1461 
(2) develop a group of highly specialized, technical experts 
with country expertise capable of administering the non-
proliferation and political-military affairs functions of the 
Department. 
(b) AUTHORITY.—To carry out the purposes of subsection (a), Government 
the Secretary is authorized to establish the position of Counselor organization, 
for Nonproliferation and Political Military Affairs in United States 
diplomatic missions overseas, to be filled by individuals who are 
career Civil Service officers or Foreign Service officers committed 
to follow-on assignments in the Nonproliferation Bureau or the 
Political Military Affairs Bureau of the Department. 
(c) TRAINING.—^After being selected to serve as Counselor, any 
person so selected shall spend not less than 10 months in language 
training courses at the Foreign Service Institute, or in technical 
courses administered by the Department of Defense, the Depart-
ment of Energy, or other appropriate departments and agencies 
of the United States, except that such requirement for training 
may be waived by the Secretary. 
SEC. 1605. COMPLIANCE WITH THE CHEMICAL WEAPONS CONVENTION. 
(a) FINDINGS.—Congress makes the following findings: 
(1) On April 24, 1997, the Senate provided its advice and 
consent to ratification of the Chemical Weapons Convention 
subject to the condition, among others, that the President certify 
that no sample collected in the United States pursuant to 
the Convention will be transferred for analysis to any laboratory 
outside the territory of the United States. 
(2) Congress enacted the same condition into law as section 
304(f)(1) of the Chemical Weapons Convention Implementation 
Act of 1998 (22 U.S.C. 6724(f)(1)). 
(3) Part II, paragraph 57, of the Verification Annex of 
the Convention requires that all samples requiring off-site anal-
ysis under the Convention shall be analyzed by at least two 
laboratories that have been designated as capable of conducting 
such testing by the OPCW. 
(4) The only United States laboratory currently designated 
by the OPCW is the United States Army Edgewood Forensic 
Science Laboratory. 
(5) In order to comply with the Chemical Weapons Conven-
tion, the certification submitted pursuant to condition (18) of 
the resolution of ratification of the Chemical Weapons Conven-
tion, and the requirements of section 304(f)(1) of the Chemical 
Weapons Convention Implementation Act of 1998 (22 U.S.C. 
6724(f)(1)), the United States must possess, at a minimum, 
a second OPCW-designated laboratory. 
(6) The possession of a second OPCW-designated laboratory 
is necessary in view of the potential for a challenge inspection 
to be initiated against the United States by a foreign nation. 
(7) The possession of a third OPCW-designated laboratory 
would enable the OPCW to implement its normal sample anal-
ysis procedures, which randomly assign real and manufactured 
samples so that no laboratory knows the origin of a given 
sample. 
(8) To qualify as a designated laboratory, a laboratory 
must be certified under ISO Guide 25 or a higher standard 
and complete three proficiency tests. The laboratory must have 
the full capability to handle substances listed on Schedule 
116 STAT. 1462 
PUBLIC LAW 107-228—SEPT. 30, 2002 
1 of the Annex on Schedules of Chemicals of the Chemical 
Weapons Convention. In order to handle such substances in 
the United States, a laboratory also must operate under a 
bailment agreement with the United States Army. 
(9) Several existing United States commercial laboratories 
have approved quality control systems, already possess bail-
ment agreements with the United States Army, and have the 
capabilities necessary to obtain OPCW designation. 
(10) In order to bolster the legitimacy of United States 
analysis of samples taken on its national territory, it is pref-
erable that one designated laboratory not be a United States 
Government facility. 
DeadUnes. 
(b) ESTABLISHMENT OF NON-GOVERNMENTAL DESIGNATED LAB-
ORATORY.— 
(1) REPORT.—Not later than March 1, 2003, the United 
States National Authority, as designated under section 101 
of the Chemical Weapons Convention Implementation Act of 
1998 (22 U.S.C. 6711) (referred to in this section as the 
"National Authority"), shall submit to the appropriate congres-
sional committees a report detailing a plan for securing OPCW 
designation of a nongovernmental United States laboratory by 
December 1, 2004. 
(2) DIRECTIVE.—Not later than June 1, 2003, the National 
Authority shall select, through competitive procedures, a non-
governmental laboratory within the United States to pursue 
designation by the OPCW. 
(3) DELEGATION.—^The National Authority may delegate 
the authority and administrative responsibility for carrying 
out paragraph (2) to one or more of the heads of the agencies 
described in section 101(b)(2) of the Chemical Weapons Conven-
tion Implementation Act of 1998 (22 U.S.C. 6711(b)(2)). 
(c) DEFINITIONS.—In this section: 
(1) CHEMICAL WEAPONS CONVENTION O
R CONVENTION.—^The 
term "Chemical Weapons Convention" or "Convention" means 
the Convention on the Prohibition of Development, Production, 
Stockpiling and Use of Chemical Weapons and on Their 
Destruction, Opened for Signature and Signed by the United 
States at Paris on January 13, 1993, including the following 
protocols and memorandum of understanding: 
(A) The Annex on Chemicals. 
(B) The Annex on Implementation and Verification. 
(C) The Annex on the Protection of Confidential 
Information. 
(D) The Resolution Establishing the 
Preparatory 
Commission for the Organization for the Prohibition of 
Chemical Weapons. 
(E) The Text on the Establishment of a Preparatory 
Commission. 
(2) OPCW.—The term "OPCW" means the Organization 
for the Prohibition of Chemical Weapons established under 
the Convention. 
PUBLIC LAW 107-228—SEPT. 30, 2002 
116 STAT. 1463 
TITLE XVII—AUTHORITY TO TRANSFER 
NAVAL VESSELS 
SEC. 1701. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN 
FOREIGN COUNTRIES. 
(a) TRANSFERS BY GRANT.—The President is authorized to 
transfer vessels to foreign countries on a grant basis under section 
516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) as 
follows: 
(1) POLAND.—To the Government of Poland, the OLIVER 
HAZARD PERRY class guided missile frigate WADSWORTH 
(FFG 9). 
(2) TURKEY.—To the Government of Turkey, the KNOX 
class frigates CAPODANNO (FF 1093), THOMAS C. HART 
(FF 1092), DONALD B. BEARY (FF 1085), McCANDLESS 
(FF 1084), REASONER (FF 1063), and BOWEN (FF 1079). 
(b) TRANSFERS BY SALE.—The President is authorized to 
transfer vessels to foreign governments and foreign governmental 
entities on a sale basis under section 21 of the Arms Export Control 
Act (22 U.S.C. 2761) as follows: 
(1) MEXICO.—To the Government of Mexico, the NEWPORT 
class tank landing ship FREDERICK (LST 1184). 
(2) TAIWAN.—^To the Taipei Economic and Cultural Rep-
resentative Office in the United States (which is the Taiwan 
instrumentality designated pursuant to section 10(a) of the 
Taiwan 
Relations Act), the 
KIDD class guided 
missile 
destroyers KIDD (DDG 993), CALLAGHAN (DDG 994), SCOTT 
(DDG 995), and CHANDLER (DDG 996). 
(3) TURKEY.—To the Government of Turkey, the OLIVER 
HAZARD PERRY class guided missile frigates ESTOCIN (FFG 
15) and SAMUEL ELIOT MORISON (FFG 13). 
(c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED 
EXCESS DEFENSE ARTICLES.—The value of a vessel transferred to 
another country on a grant basis under section 516 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to authority 
provided by subsection (a) shall not be counted for the purposes 
of subsection (g) of that section in the aggregate value of excess 
defense articles transferred to countries under that section in any 
fiscal year. 
(d) COSTS OF TRANSFERS ON GRANT BASIS.—^Any expense 
incurred by the United States in connection with a transfer author-
ized by this section shall be charged to the recipient (notwith-
standing section 516(e)(1) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2321j(e)(l))) in the case of a transfer authorized to 
be made on a grant basis under subsection (a). 
(e) WAIVER AUTHORITY.—For a vessel transferred on a grant 
basis pursuant to authority provided by subsection (a)(2), the Presi-
dent may waive reimbursement of charges for the lease of that 
vessel under section 61(a) of the Arms Export Control Act (22 
U.S.C. 2796(a)) for a period of one year before the date of the 
transfer of that vessel. 
(f) 
REPAIR AND REFURBISHMENT IN UNITED 
STATES 
SHIP-
YARDS.—To the maximum extent practicable, the President shall President, 
require, as a condition of the transfer of a vessel under this section, 
that the country to which the vessel is transferred have such 
repair or refurbishment of the vessel as is needed, before the 
116 STAT. 1464 
PUBLIC LAW 107-228—SEPT. 30, 2002 
vessel joins the naval forces of that country, performed at a shipyard 
located in the United States, including a United States Navy ship-
yard. 
(g) EXPIRATION OF AUTHORITY.—^The authority to transfer a 
vessel under this section shall expire at the end of the two-year 
period beginning on the date of the enactment of this Act. 
Approved September 30, 2002. 
LEGISLATIVE HISTORY—H.R. 1646 (S. 1401): 
HOUSE REPORTS: Nos. 107-57 (Comm. on International Relations) and 107-671 
(Comm. of Conference). 
SENATE REPORTS: No. 107-60 accompanying S. 1401 (Comm. on Foreign Rela-
tions). 
CONGRESSIONAL RECORD: 
Vol. 147 (2001): May 16, considered and passed House. 
Vol. 148 (2002): May 1, considered and passed Senate, amended. 
Sept. 25, House agreed to conference report. 
Sept. 26, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 
Sept. 30, Presidential statement.