PUBLIC LAW 107–228—SEPT. 30, 2002
FOREIGN RELATIONS AUTHORIZATION ACT,
FISCAL YEAR 2003
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116 STAT. 1350 PUBLIC LAW 107–228—SEPT. 30, 2002
Public Law 107–228
107th Congress
An Act
To authorize appropriations for the Department of State for fiscal year 2003, to
authorize appropriations under the Arms Export Control Act and the Foreign
Assistance Act of 1961 for security assistance for fiscal year 2003, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Foreign Relations Authorization
Act, Fiscal Year 2003’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) D
IVISIONS
.—This Act is organized into two divisions as
follows:
(1) D
IVISION A
.—Department of State Authorization Act,
Fiscal Year 2003.
(2) D
IVISION B
.—Security Assistance Act of 2002.
(b) T
ABLE OF
C
ONTENTS
.—The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Definitions.
DIVISION A—DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEAR
2003
Sec. 101. Short title.
TITLE I—AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A—Department of State
Sec. 111. Administration of foreign affairs.
Sec. 112. United States educational, cultural, and public diplomacy programs.
Sec. 113. Contributions to international organizations.
Sec. 114. International Commissions.
Sec. 115. Migration and refugee assistance.
Sec. 116. Grants to The Asia Foundation.
Subtitle B—United States International Broadcasting Activities
Sec. 121. Authorizations of appropriations.
TITLE II—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A—Basic Authorities and Activities
Sec. 201. Emergency evacuation services.
Sec. 202. Special agent authorities.
Sec. 203. International Litigation Fund.
Sec. 204. State Department records of overseas deaths of United States citizens
from nonnatural causes.
Sec. 205. Foreign Relations Historical Series.
22 USC 2651
note.
Foreign Relations
Authorization
Act, Fiscal Year
2003.
Sept. 30, 2002
[H.R. 1646]
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116 STAT. 1351PUBLIC LAW 107–228—SEPT. 30, 2002
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.
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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 employment 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 Policy
Sec. 611. Short title.
Sec. 612. Statement of purpose.
Sec. 613. Tibet negotiations.
Sec. 614. Reporting on Tibet.
Sec. 615. Congressional-Executive Commission on the People’s Republic of China.
Sec. 616. Economic development in Tibet.
Sec. 617. Release of prisoners and access to prisons.
Sec. 618. Establishment of a United States branch office in Lhasa, Tibet.
Sec. 619. Requirement for Tibetan language training.
Sec. 620. Religious persecution in Tibet.
Sec. 621. United States Special Coordinator for Tibetan Issues.
Subtitle C—East Timor Transition to Independence Act of 2002
Sec. 631. Short title.
Sec. 632. Bilateral assistance.
Sec. 633. Multilateral assistance.
Sec. 634. Trade and investment assistance.
Sec. 635. Generalized System of Preferences.
Sec. 636. Authority for radio broadcasting.
Sec. 637. Security assistance for East Timor.
Sec. 638. Reporting requirement.
Subtitle D—Clean Water for the Americas Partnership
Sec. 641. Short title.
Sec. 642. Definitions.
Sec. 643. Establishment of program.
Sec. 644. Environmental assessment.
Sec. 645. Establishment of Technology America Centers.
Sec. 646. Promotion of water quality, water treatment systems, and energy 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.
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116 STAT. 1353PUBLIC LAW 107–228—SEPT. 30, 2002
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 human 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.
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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.
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116 STAT. 1355PUBLIC LAW 107–228—SEPT. 30, 2002
Sec. 1332. Findings.
Sec. 1333. Definitions.
Sec. 1334. Establishment of Committee on Nonproliferation Assistance.
Sec. 1335. Purposes and authority.
Sec. 1336. Administrative support.
Sec. 1337. Confidentiality of information.
Sec. 1338. Statutory construction.
Sec. 1339. Reporting and consultation.
Subtitle D—Iran Nuclear Proliferation Prevention Act of 2002
Sec. 1341. Short title.
Sec. 1342. Withholding of voluntary contributions to the International Atomic 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.
In this Act:
(1) A
PPROPRIATE 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) D
EPARTMENT
.—The term ‘‘Department’’ means the
Department of State.
(3) S
ECRETARY
.—Except as otherwise provided, the term
‘‘Secretary’’ means the Secretary of State.
DIVISION A—DEPARTMENT OF STATE
AUTHORIZATION ACT, FISCAL YEAR
2003
SEC. 101. SHORT TITLE.
This division may be cited as the ‘‘Department of State
Authorization Act, Fiscal Year 2003’’.
22 USC 2651
note.
Department of
State
Authorization
Act, Fiscal Year
2003.
22 USC 2651
note.
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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) I
N
G
ENERAL
.—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) D
IPLOMATIC AND CONSULAR PROGRAMS
.—
(A) A
UTHORIZATION OF APPROPRIATIONS
.—For ‘‘Diplo-
matic and Consular Programs’’, $4,030,023,000 for the
fiscal year 2003.
(B) W
ORLDWIDE 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) B
UREAU 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) R
ECRUITMENT 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) C
APITAL INVESTMENT FUND
.—For ‘‘Capital Investment
Fund’’, $200,000,000 for the fiscal year 2003.
(3) E
MBASSY SECURITY
,
CONSTRUCTION AND MAINTE
-
NANCE
.—
(A) I
N 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. 1501A–
470).
(B) A
MENDMENT OF THE NANCE
-
DONOVAN FOREIGN
RELATIONS AUTHORIZATION
A
CT
.—Section 604(a)(4) of that
Act (113 Stat. 1501A–453) is amended by striking
‘‘$900,000,000’’ and inserting ‘‘$1,000,000,000’’.
(4) R
EPRESENTATION ALLOWANCES
.—For ‘‘Representation
Allowances’’, $9,000,000 for the fiscal year 2003.
(5) P
ROTECTION OF FOREIGN MISSIONS AND OFFICIALS
.—For
‘‘Protection of Foreign Missions and Officials’’, $11,000,000 for
the fiscal year 2003.
22 USC 4865
note.
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116 STAT. 1357PUBLIC LAW 107–228—SEPT. 30, 2002
(6) E
MERGENCIES IN THE DIPLOMATIC AND CONSULAR
SERVICE
.—For ‘‘Emergencies in the Diplomatic and Consular
Service’’, $15,000,000 for the fiscal year 2003.
(7) R
EPATRIATION LOANS
.—For ‘‘Repatriation Loans’’,
$1,250,000 for the fiscal year 2003.
(8) P
AYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
.—
For ‘‘Payment to the American Institute in Taiwan’’,
$18,817,000 for the fiscal year 2003.
(9) O
FFICE OF THE INSPECTOR GENERAL
.—For ‘‘Office of
the Inspector General’’, $30,800,000 for the fiscal year 2003.
(b) A
VAILABILITY OF
F
UNDS FOR
P
ROTECTION OF
F
OREIGN
M
IS
-
SIONS AND
O
FFICIALS
.—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) E
DUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
.—
(A) F
ULBRIGHT ACADEMIC EXCHANGE PROGRAMS
.—
(i) I
N GENERAL
.—For the ‘‘Fulbright Academic
Exchange Programs’’ (other than programs described
in subparagraph (B)), $135,000,000 for the fiscal year
2003.
(ii) V
IETNAM 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 (Public Law 102–138).
(iii) N
EW 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) O
THER EDUCATIONAL AND CULTURAL EXCHANGE PRO
-
GRAMS
.—
(i) I
N GENERAL
.—For other educational and cul-
tural exchange programs authorized by law,
$125,000,000 for the fiscal year 2003.
(ii) T
IBETAN 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
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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) E
AST 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) M
ONTENEGRO 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) S
OUTH 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) I
SRAEL
-
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) S
UDANESE 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) N
ATIONAL ENDOWMENT FOR DEMOCRACY
.—
(A) I
N GENERAL
.—For the ‘‘National Endowment for
Democracy’’, $42,000,000 for the fiscal year 2003.
(B) R
EAGAN
-
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) C
ENTER 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) D
ANTE 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) A
SSESSED
C
ONTRIBUTIONS TO
I
NTERNATIONAL
O
RGANIZA
-
TIONS
.—
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116 STAT. 1359PUBLIC LAW 107–228—SEPT. 30, 2002
(1) A
UTHORIZATION 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) A
VAILABILITY 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) C
ONTRIBUTIONS FOR
I
NTERNATIONAL
P
EACEKEEPING
A
CTIVI
-
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) P
ROHIBITION ON
F
UNDING
O
THER
F
RAMEWORK
T
REATY
-
B
ASED
O
RGANIZATIONS
.—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) F
OREIGN
C
URRENCY
E
XCHANGE
R
ATES
.—
(1) A
UTHORIZATION 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) A
VAILABILITY 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) R
EFUND OF
E
XCESS
C
ONTRIBUTIONS
.—The United States
shall continue to insist that the United Nations and its specialized
and affiliated agencies shall credit or refund to each member of
the organization or agency concerned its proportionate share of
the amount by which the total contributions to the organization
or agency exceed the expenditures of the regular assessed budget
of the organization or agency.
SEC. 114. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under
‘‘International Commissions’’ for the Department to carry out the
authorities, functions, duties, and responsibilities in the conduct
of the foreign affairs of the United States with respect to inter-
national commissions, and for other purposes authorized by law:
22 USC 287e
note.
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116 STAT. 1360 PUBLIC LAW 107–228—SEPT. 30, 2002
(1) I
NTERNATIONAL 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) I
NTERNATIONAL BOUNDARY COMMISSION
,
UNITED STATES
AND CANADA
.—For ‘‘International Boundary Commission,
United States and Canada’’, $1,157,000 for the fiscal year 2003.
(3) I
NTERNATIONAL JOINT COMMISSION
.—For ‘‘International
Joint Commission’’, $7,544,000 for the fiscal year 2003.
(4) I
NTERNATIONAL FISHERIES COMMISSIONS
.—For ‘‘Inter-
national Fisheries Commissions’’, $19,780,000 for the fiscal year
2003.
SEC. 115. MIGRATION AND REFUGEE ASSISTANCE.
(a) I
N
G
ENERAL
.—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) R
EFUGEES
R
ESETTLING IN
I
SRAEL
.—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) T
IBETAN
R
EFUGEES IN
I
NDIA AND
N
EPAL
.—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) H
UMANITARIAN
A
SSISTANCE FOR
D
ISPLACED
B
URMESE
.—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) A
VAILABILITY OF
F
UNDS
.—Funds appropriated pursuant to
this section are authorized to remain available until expended.
SEC. 116. GRANTS TO THE ASIA FOUNDATION.
Section 404 of The Asia Foundation Act (title IV of Public
Law 98–164; 22 U.S.C. 4403) is amended to read as follows:
‘‘S
EC
. 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) I
N
G
ENERAL
.—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
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116 STAT. 1361PUBLIC LAW 107–228—SEPT. 30, 2002
Reform and Restructuring Act of 1998, and to carry out other
authorities in law consistent with such purposes:
(1) I
NTERNATIONAL BROADCASTING OPERATIONS
.—
(A) I
N GENERAL
.—For ‘‘International Broadcasting
Operations’’, $485,823,000 for the fiscal year 2003.
(B) A
LLOCATION 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) B
ROADCASTING CAPITAL IMPROVEMENTS
.—For ‘‘Broad-
casting Capital Improvements’’, $13,740,000 for the fiscal year
2003.
(3) B
ROADCASTING TO CUBA
.—For ‘‘Broadcasting to Cuba’’,
$25,923,000 for the fiscal year 2003.
(b) C
ONTINUATION OF
A
DDITIONAL
A
UTHORIZATION FOR
B
ROAD
-
CASTING TO THE
P
EOPLE
’
S
R
EPUBLIC OF
C
HINA AND
N
EIGHBORING
C
OUNTRIES
.—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) A
DDITIONAL
A
UTHORIZATION OF
A
PPROPRIATIONS FOR
M
IDDLE
E
AST
R
ADIO
N
ETWORK OF
V
OICE OF
A
MERICA
.—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;’’.
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116 STAT. 1362 PUBLIC LAW 107–228—SEPT. 30, 2002
SEC. 202. SPECIAL AGENT AUTHORITIES.
(a) G
ENERAL
A
UTHORITY
.—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) A
GREEMENTS
.—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) A
GREEMENT
.—’’ and all that follows
through the end of paragraph (1) and inserting the following:
‘‘(b) A
GREEMENTS WITH
A
TTORNEY
G
ENERAL AND
S
ECRETARY
OF THE
T
REASURY AND
F
IREARMS
R
EGULATIONS
.—
‘‘(1) A
GREEMENT 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) A
GREEMENT 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.’’.
(c) I
MPLEMENTATION OF
S
EARCH
, S
EIZURE
, S
ERVICE
,
AND
A
RREST
A
UTHORITY
.—(1) The authority conferred by paragraphs (2) and
(5) of section 37(a) of the State Department Basic Authorities Act
of 1956, as amended by subsection (a), may not be exercised until
the date on which the Secretary—
(A) submits the agreement required by subsection (b)(2)
of section 37 of such Act to the appropriate congressional
committees; and
(B) publishes in the Federal Register a notice that the
agreement has been submitted in accordance with the 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) R
ETENTION OF
F
UNDS
.—
‘‘(1) I
N GENERAL
.—To reimburse the expenses of the United
States Government in preparing or prosecuting a proceeding
before an international tribunal, or a claim against a foreign
Federal Register,
publication.
22 USC 2709
note.
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116 STAT. 1363PUBLIC LAW 107–228—SEPT. 30, 2002
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) T
REATMENT
.—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
UNITED STATES CITIZENS FROM NONNATURAL CAUSES.
‘‘(a) C
OLLECTION OF
I
NFORMATION
.—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) D
ATABASE
.—The Secretary shall establish and maintain
a database containing the information collected under subsection
(a).
‘‘(c) P
UBLIC
A
VAILABILITY OF
I
NFORMATION
.—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) A
NNUAL
R
EPORTS BY THE
A
DVISORY
C
OMMITTEE
.—Section
404(d) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 4354(d)) is amended—
(1) by striking ‘‘R
EPORTING
R
EQUIREMENT
.—’’ and
inserting ‘‘A
NNUAL
R
EPORTS BY THE
A
DVISORY
C
OMMITTEE
.—
’’; 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) A
NNUAL
R
EPORTS BY THE
S
ECRETARY
.—Section 404(e) of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
4354(e)) is amended to read as follows:
22 USC 2729.
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116 STAT. 1364 PUBLIC LAW 107–228—SEPT. 30, 2002
‘‘(e) A
NNUAL
R
EPORTS BY THE
S
ECRETARY
.—
‘‘(1) I
N 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) F
ORM OF REPORTS
.—Each report required to be sub-
mitted by paragraph (1) shall be submitted in unclassified
form, together with a classified annex if necessary.’’.
SEC. 206. EXPANSION OF ELIGIBILITY FOR AWARD OF CERTAIN
CONSTRUCTION CONTRACTS.
(a) I
N
G
ENERAL
.—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) C
ONFORMING
A
MENDMENT
.—Section 402(c)(2)(D) of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4852(c)(2)(D)) is amended by inserting ‘‘or at a United States
diplomatic or consular establishment abroad’’ after ‘‘United States’’.
SEC. 207. INTERNATIONAL CHANCERY CENTER.
Section 1 of the Act of October 8, 1968 (Public Law 90–553,
as amended; commonly known as the ‘‘International Center Act’’)
is amended—
(1) by redesignating clauses (a) and (b) as clauses (1) and
(2), respectively;
(2) by inserting ‘‘(a)’’ after ‘‘That’’; and
(3) by adding at the end the following new subsections:
‘‘(b) There is established in the Treasury of the United States
an account into which may be deposited funds provided as advance
payments pursuant to subsection (a).
‘‘(c) The Secretary of State may request the Secretary of the
Treasury to invest such portion of the funds deposited in that
account as is not, in the judgment of the Secretary of State, required
to meet the current needs of the account. Such investments shall
be made by the Secretary of the Treasury in public debt securities
with maturities suitable to the needs of the account, as determined
by the Secretary of State, and bearing interest at a rate determined
by the Secretary of the Treasury, taking into consideration the
current market yields on outstanding marketable obligations of
the United States of comparable maturity.’’.
SEC. 208. TRAVEL TO GREAT LAKES FISHERIES MEETINGS.
Section 4(c) of the Great Lakes Fisheries Act of 1956 (16 U.S.C.
933(c)) is amended—
(1) by striking ‘‘five’’ and inserting ‘‘ten’’; and
(2) by striking ‘‘each’’ and inserting ‘‘the annual’’.
82 Stat. 958.
Deadline.
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116 STAT. 1365PUBLIC LAW 107–228—SEPT. 30, 2002
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) A
DOPTION
F
EES
.—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) A
FFIDAVIT OF
S
UPPORT
F
EES
.—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
ending September 30, 2001’’.
SEC. 213. REPEAL OF PROVISION REGARDING HOUSING FOR FOREIGN
AGRICULTURAL ATTACHES.
Section 738 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act,
2001 (as enacted into law by Public Law 106–387; 114 Stat. 1549A–
34) is repealed.
SEC. 214. UNITED STATES POLICY WITH RESPECT TO JERUSALEM AS
THE CAPITAL OF ISRAEL.
(a) C
ONGRESSIONAL
S
TATEMENT OF
P
OLICY
.—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) L
IMITATION ON
U
SE OF
F
UNDS FOR
C
ONSULATE IN
J
ERU
-
SALEM
.—None of the funds authorized to be appropriated by this
7 USC 1765d–1.
42 USC 11601
note.
8 USC 1183a
note.
42 USC 14943.
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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) L
IMITATION ON
U
SE OF
F
UNDS FOR
P
UBLICATIONS
.—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) R
ECORD OF
P
LACE OF
B
IRTH AS
I
SRAEL FOR
P
ASSPORT
P
UR
-
POSES
.—For purposes of the registration of birth, certification of
nationality, or issuance of a passport of a United States citizen
born in the city of Jerusalem, the Secretary shall, upon the request
of the citizen or the citizen’s legal guardian, record the place of
birth as Israel.
SEC. 215. REPORT CONCERNING EFFORTS TO PROMOTE ISRAEL’S DIP-
LOMATIC RELATIONS WITH OTHER COUNTRIES.
(a) F
INDINGS
.—The Congress makes the following findings:
(1) Israel is a friend and ally of the United States whose
security is vital to regional stability and United States interests.
(2) Israel currently maintains diplomatic relations with
approximately 160 countries. Approximately 30 countries do
not have any diplomatic relations with Israel.
(3) The State of Israel has been actively seeking to establish
formal relations with a number of countries.
(4) The United States should assist its ally, Israel, in
its efforts to establish diplomatic relations.
(5) After more than 50 years of existence, Israel deserves
to be treated as an equal nation by its neighbors and the
world community.
(b) R
EPORT
C
ONCERNING
U
NITED
S
TATES
E
FFORTS TO
P
ROMOTE
I
SRAEL
’
S
D
IPLOMATIC
R
ELATIONS
W
ITH
O
THER
C
OUNTRIES
.—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) R
EPORTS ON
C
LAIMS BY
U
NITED
S
TATES
F
IRMS
A
GAINST
THE
G
OVERNMENT OF
S
AUDI
A
RABIA
.—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-
mental Appropriations Act, 1999; Public Law 105–277) is amended
by striking ‘‘seventh’’ and inserting ‘‘eleventh’’.
(b) R
EPORTS ON
D
ETERMINATIONS
U
NDER
T
ITLE
IV
OF THE
L
IBERTAD
A
CT
.—Section 2802(a) of the Foreign Affairs Reform and
Restructuring Act of 1998 (as enacted by division G of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
22 USC 6091
note.
Deadline.
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116 STAT. 1367PUBLIC LAW 107–228—SEPT. 30, 2002
1999; Public Law 105–277) is amended by striking ‘‘September
30, 2001,’’ and inserting ‘‘September 30, 2003,’’.
(c) R
EPORT ON
T
ERRORIST
A
CTIVITY IN
W
HICH
U
NITED
S
TATES
C
ITIZENS
W
ERE
K
ILLED AND
R
ELATED
M
ATTERS
.—Section 805(a)
of the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (section 805(a) of
division A of H.R. 3427, as enacted into law by section 1000(a)(7)
of Public Law 106–113; appendix G; 113 Stat. 1501A–470) is
amended by striking ‘‘Not later’’ and all that follows through ‘‘2001,’’
and inserting ‘‘Not later than May 1, 2003, and not later than
May 1, 2004,’’.
Subtitle B—Educational, Cultural, and
Public Diplomacy Authorities
SEC. 221. FULBRIGHT-HAYS ACT AUTHORITIES.
Section 112(d) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2460(d)) is amended—
(1) by inserting ‘‘(1)’’ immediately after ‘‘(d)’’; and
(2) by adding at the end the following:
‘‘(2) Notwithstanding paragraph (1), the Bureau may also 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
2000’’ and inserting ‘‘for the fiscal year 2003’’.
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.
22 USC 2452
note.
22 USC 2656f
note.
112 Stat.
2681–845.
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116 STAT. 1368 PUBLIC LAW 107–228—SEPT. 30, 2002
SEC. 224. ADVISORY COMMITTEE ON CULTURAL DIPLOMACY.
(a) E
STABLISHMENT
.—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) D
UTIES
.—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) A
PPOINTMENTS
.—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) V
ACANCIES
.—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) M
EETINGS
.—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) A
DMINISTRATIVE
S
UPPORT
.—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) C
OMPENSATION
.—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) E
XEMPTION
F
ROM
F
EDERAL
A
DVISORY
C
OMMITTEE
A
CT
.—
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) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There are authorized
to be appropriated to the Department such sums as may be nec-
essary to carry out this section.
(j) T
ERMINATION
.—The Advisory Committee shall terminate
September 30, 2005.
22 USC 2451
note.
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116 STAT. 1369PUBLIC LAW 107–228—SEPT. 30, 2002
SEC. 225. ALLOCATION OF FUNDS FOR ‘‘AMERICAN CORNERS’’ IN THE
RUSSIAN FEDERATION.
(a) F
INDING
.—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) A
LLOCATION OF
F
UNDS
.—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:
‘‘S
EC
. 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
1 to December 31, shall be submitted not more than 90 days
after the end of the reporting period, and shall be posted on the
Internet website of the Department of State.’’.
SEC. 227. AMENDMENTS TO THE VIETNAM EDUCATION FOUNDATION
ACT OF 2000.
(a) P
URPOSES OF THE
A
CT
.—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) E
LECTION OF THE
C
HAIR
.—Section 205(c) of such Act is
amended by inserting ‘‘voting members of the’’ after ‘‘The’’.
(c) D
UTIES OF THE
B
OARD
.—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;
22 USC 2452
note.
Deadline.
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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) T
REATMENT OF
P
RESIDENTIAL
A
PPOINTEES TO THE
B
OARD
OF
D
IRECTORS
.—Section 205 of such Act is amended—
(1) in subsection (f)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) I
N 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) C
OMPENSATION 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) T
REATMENT OF
P
RESIDENTIAL
A
PPOINTEES AS
S
PECIAL
G
OVERNMENT
E
MPLOYEES
.—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) T
RAVEL
R
EGULATIONS
.—Section 205 of such Act, as amended
by subsection (d), is further amended by adding at the end the
following new subsection:
‘‘(h) T
RAVEL
R
EGULATIONS
.—Members of the Board shall be
subject to the same travel regulations as apply to officers and
employees of the Department of State.’’.
(f) V
ACANCIES
.—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) E
NGLISH
P
ROFICIENCY
.—Section 206(a)(2) of such Act is
amended to read as follows:
‘‘(2) S
CIENTIFIC 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) S
ELECTION
C
RITERIA
.—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) A
NNUAL
R
EPORT
.—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
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116 STAT. 1371PUBLIC LAW 107–228—SEPT. 30, 2002
(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) C
OMPENSATION OF
E
XECUTIVE
D
IRECTOR
.—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) C
LERICAL
C
ORRECTIONS
.—Such Act is amended—
(1) in section 206(d)—
(A) in the subsection heading, by striking ‘‘M
ATCHING
’’
and inserting ‘‘C
OST
-S
HARING
’’; 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.
(a) I
N
G
ENERAL
.—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) C
OORDINATION
W
ITH
O
THER
P
ROGRAMS
.—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) E
THICAL
I
SSUES IN
H
UMAN
S
UBJECT
R
ESEARCH
.—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
22 USC 2464.
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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) D
ENIAL OF VISAS
.—’’ before ‘‘The Sec-
retary’’; and
(2) by adding at the end the following:
‘‘(2) V
ISA 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.’’.
SEC. 232. DENIAL OF ENTRY INTO UNITED STATES OF CHINESE AND
OTHER NATIONALS ENGAGED IN COERCED ORGAN OR
BODILY TISSUE TRANSPLANTATION.
(a) D
ENIAL OF
E
NTRY
.—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) E
XCEPTION
.—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) W
AIVER
.—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
(2) not later than 30 days after the issuance of a visa,
provides written notification to the appropriate congressional
committees containing a justification for the waiver.
Deadline.
8 USC 1182f.
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116 STAT. 1373PUBLIC LAW 107–228—SEPT. 30, 2002
SEC. 233. PROCESSING OF VISA APPLICATIONS.
(a) I
N
G
ENERAL
.—It shall be the policy of the Department
to process each visa application from an alien classified as an
immediate relative or as a K–1 nonimmigrant within 30 days of
the receipt of all necessary documents from the applicant and
the Immigration and Naturalization Service. In the case of an
immigrant visa application where the petitioner is a relative other
than an immediate relative, it should be the policy of the Depart-
ment to process such an application within 60 days of the receipt
of all necessary documents from the applicant and the Immigration
and Naturalization Service.
(b) D
EFINITIONS
.—In this section:
(1) I
MMEDIATE RELATIVE
.—The term ‘‘immediate relative’’
has the meaning given the term in section 201(b)(2)(A)(i) of
the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)).
(2) K–1
NONIMMIGRANT
.—The term ‘‘K–1 nonimmigrant’’
means a nonimmigrant alien described in section
101(a)(15)(K)(i) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(K)(i)).
SEC. 234. MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (8 U.S.C. 1351 note) is amended by adding
at the end the following:
‘‘(3) For the fiscal year 2003, any amount that exceeds
$460,000,000 may be made available only if a notification is
submitted to Congress in accordance with the procedures
applicable to reprogramming notifications under section 34 of
the State Department Basic Authorities Act of 1956.’’.
Subtitle D—Migration and Refugees
SEC. 241. PROHIBITION ON FUNDING THE INVOLUNTARY RETURN OF
REFUGEES.
Title I of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a et seq.), as amended by section 204 of this Act,
is further amended by adding at the end the following new section:
‘‘SEC. 58. PROHIBITION ON FUNDING THE INVOLUNTARY RETURN OF
REFUGEES.
‘‘(a) P
ROHIBITION
.—
‘‘(1) I
N GENERAL
.—Except as provided in paragraph (2),
none of the funds made available to the Department of State,
or the United States Emergency Refugee and Migration 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 any 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) E
XCEPTION
.—The prohibition in paragraph (1) does
not apply to the return of any person on grounds recognized
as precluding protection as a refugee under the United Nations
Convention Relating to the Status of Refugees of July 28,
1951, and the Protocol Relating to the Status of Refugees
of January 31, 1967, subject to the reservations contained in
22 USC 2730.
Deadline.
8 USC 1201 note.
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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) C
ONGRESSIONAL
N
OTIFICATION
R
EQUIRED IN
A
LL
C
ASES
.—
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) S
TATUTORY
C
ONSTRUCTION
.—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) D
EFINITIONS
.—In this section:
‘‘(1) A
PPROPRIATE 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 term ‘‘to
effect the involuntary return’’ means to require, by means of
physical force or circumstances amounting to a threat thereof,
a person to return to a country against the person’s will, 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) R
EPORT ON
O
VERSEAS
R
EFUGE
P
ROCESSING
.—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) C
ONTENTS
.—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,
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116 STAT. 1375PUBLIC LAW 107–228—SEPT. 30, 2002
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.
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116 STAT. 1376 PUBLIC LAW 107–228—SEPT. 30, 2002
TITLE III—ORGANIZATION AND PER-
SONNEL OF THE DEPARTMENT OF
STATE
Subtitle A—Organizational Matters
SEC. 301. COMPREHENSIVE WORKFORCE PLAN.
(a) W
ORKFORCE
P
LAN
.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a comprehensive workforce
plan for the Department for the fiscal years 2003 through 2007.
The plan shall consider personnel needs in both the Civil Service
and the Foreign Service and expected domestic and overseas 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, train, and
deploy new personnel.
(b) D
OMESTIC
S
TAFFING
M
ODEL
.—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) ‘‘R
IGHTSIZING
’’
AT THE
D
EPARTMENT OF
S
TATE
.—
(1) I
N GENERAL
.—The Secretary shall establish a task force
within the Department on the issue of ‘‘rightsizing’’ overseas
posts.
(2) P
RELIMINARY 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) R
EPORT
.—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) I
NTERAGENCY
W
ORKING
G
ROUP
.—
(1) E
STABLISHMENT
.—The Secretary shall establish an
interagency working group on the issue of ‘‘rightsizing’’ the
overseas presence of the United States Government.
(2) P
RELIMINARY REPORT
.—Not later than 120 days after
the date of the enactment of this Act, the Secretary shall
Establishment.
Deadlines.
22 USC 2651a
note.
Deadlines.
22 USC 2651a
note.
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116 STAT. 1377PUBLIC LAW 107–228—SEPT. 30, 2002
submit to the appropriate congressional committees a report
which outlines 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) R
EPORT
.—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) Q
UALIFICATIONS OF
C
ERTAIN
O
FFICERS OF THE
D
EPARTMENT
OF
S
TATE
.—
‘‘(1) O
FFICER 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) O
FFICER 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) O
FFICER 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
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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) C
OMPARABLE
P
AYMENTS
.—Section 405(b)(3) of the Foreign
Service Act of 1980 (22 U.S.C. 3965(b)(3)) is amended by striking
the second sentence and inserting ‘‘Payments under this paragraph
to a member of the Senior Foreign Service may not exceed, in
any fiscal year, the percentage of basic pay established under section
4507(e)(1) of title 5, United States Code, for a Meritorious Executive,
except that payments of the percentage of the basic pay established
under section 4507(e)(2) of such title for Distinguished Executives
may be made in any fiscal year to up to 1 percent of the members
of the Senior Foreign Service.’’.
(b) E
FFECTIVE
D
ATE
.—The amendment made by subsection (a)
shall take effect October 1, 2002.
SEC. 313. FOREIGN SERVICE NATIONAL SAVINGS FUND.
Section 408(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3968(a)(1)) is amended in the third sentence by striking ‘‘(C)’’ and
all that follows through ‘‘covered employees.’’ and inserting ‘‘(C)
payments by the Government and employees to (i) a trust or other
fund in a financial institution in order to finance future benefits
for employees, including provision for retention in the fund of
accumulated interest and dividends for the benefit of covered
employees; or (ii) a Foreign Service National Savings Fund 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) I
N
G
ENERAL
.—Section 610(a) of the Foreign Service Act
of 1980 (22 U.S.C. 4010(a)) is amended—
(1) in paragraph (1), by inserting ‘‘decide to’’ after ‘‘may’’;
(2) by striking paragraphs (2), (3), (4), (5), and (6); and
(3) by inserting after paragraph (1) the following:
‘‘(2)(A) Except as provided in subparagraph (B), whenever the
Secretary decides under paragraph (1) to separate, on the basis
of misconduct, any member of the Service (other than a United
States citizen employed under section 311 of the Foreign Service
Act of 1980 who is not a family member) who either—
‘‘(i) is serving under a career appointment, or
‘‘(ii) is serving under a limited appointment,
the member may not be separated from the Service until the
member receives a hearing before the Foreign Service Grievance
Board and the Board decides that cause for separation has been
established, unless the member waives, in writing, the right to
such a hearing, or the member’s appointment has expired, 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
22 USC 3965
note.
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116 STAT. 1379PUBLIC LAW 107–228—SEPT. 30, 2002
crime for which a sentence of imprisonment of more than one
year may be imposed.
‘‘(3) If the Board decides that cause for separation has not
been established, the Board may direct the Department to pay
reasonable attorneys’ fees to the extent and in the manner provided
by section 1107(b)(5). The hearing provided under this paragraph
shall be conducted in accordance with the hearing procedures
applicable to grievances under section 1106 and shall be in lieu
of any other administrative procedure authorized or required by
this or any other Act. Section 1110 shall apply to proceedings
under this paragraph.
‘‘(4) Notwithstanding the hearing required by paragraph (2),
at the time that the Secretary decides to separate a member of
the Service for cause, the member shall be placed on leave without
pay. If the member does not waive the right to a hearing, and
the Board decides that cause for separation has not been estab-
lished, the member shall be reinstated with back pay.’’.
(b) C
ONFORMING
A
MENDMENTS
.—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) I
N
G
ENERAL
.—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) P
ROMULGATION OF
G
UIDANCE
.—The Secretary shall promul-
gate guidance for the implementation of the amendment made
by subsection (a) to ensure its implementation in a manner which
does not substantially increase the total amount of travel expenses
paid or reimbursed by the Department for travel under section
901 of the Foreign Service Act of 1980 (22 U.S.C. 4081).
(c) E
FFECTIVE
D
ATE
.—The amendment made by subsection (a)
shall take effect on the date on which guidance for implementation
of such amendment is issued by the Secretary.
SEC. 316. HEALTH EDUCATION AND DISEASE PREVENTION PROGRAMS.
Section 904(b) of the Foreign Service Act of 1980 (22 U.S.C.
4084(b)) is amended by striking ‘‘families, and (3)’’ and inserting
‘‘families, (3) health education and disease prevention programs
for all employees, and (4)’’.
SEC. 317. CORRECTION OF TIME LIMITATION FOR GRIEVANCE FILING.
Section 1104(a) of the Foreign Service Act of 1980 (22 U.S.C.
4134(a)) is amended in the first sentence by striking ‘‘but in no
case less than two years’’ and inserting ‘‘but in no case more
than three years’’.
SEC. 318. TRAINING AUTHORITIES.
Section 2205 of the Foreign Affairs Reform and Restructuring
Act of 1998 (as enacted by division G of Public Law 105–277;
112 Stat. 2681–808) is amended—
(1) in the section heading, by striking ‘‘
PILOT
’’;
(2) by striking subsection (a)(3); and
22 USC 4021 and
note.
22 USC 4801
note.
22 USC 4801
note.
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116 STAT. 1380 PUBLIC LAW 107–228—SEPT. 30, 2002
(3) by striking subsection (c).
SEC. 319. UNACCOMPANIED AIR BAGGAGE.
Section 5924(4)(B) of title 5, United States Code, is amended
by inserting after the first sentence the following: ‘‘At the election
of the employee, in lieu of the transportation of the baggage of
a dependent from the dependent’s school, the costs incurred to
store the baggage at or in the vicinity of the school during the
dependent’s annual trip between the school and the employee’s
duty station may be paid or reimbursed to the employee, except
that the amount of the payment or reimbursement may not exceed
the cost that the Government would incur to transport the 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 employment; and
‘‘(B) requires medical treatment outside the country
of employment in circumstances specified by the President
in regulations.’’; and
(2) in subsection (b), by striking ‘‘appointed’’ and inserting
‘‘hired’’.
SEC. 321. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE
PERFORMED ABROAD.
(a) R
ETIREMENT
C
REDIT FOR
C
ERTAIN
G
OVERNMENT
S
ERVICE
P
ERFORMED
A
BROAD
.—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;
5 USC 8411 note.
22 USC 2725
note.
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116 STAT. 1381PUBLIC LAW 107–228—SEPT. 30, 2002
(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) R
EQUIREMENTS
.—
(1) R
EQUIREMENTS OF THE INDIVIDUAL
.—In order to receive
credit under chapter 84 of title 5, United States Code, for
any service described in subsection (a), the individual who
performed such service (or, if deceased, any person who is
or would be eligible for a survivor annuity under the Federal
Employees’ Retirement System based on the service of such
individual)—
(A) shall file a written application with the Office
of Personnel Management not later than 36 months after
the effective date of the regulations prescribed to carry
out this section (as specified in those regulations); and
(B) shall remit to the Office (for deposit in the Treasury
of the United States to the credit of the Civil Service
Retirement and Disability Fund) the total amount that,
under section 8422 of such title 5, should have been
deducted from the basic pay of such individual for such
service if such service had then been creditable under
such chapter 84.
(2) G
OVERNMENT CONTRIBUTIONS
.—
(A) I
N 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) A
MOUNT 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) S
PECIAL 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) R
ELATED 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).
Deadline.
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116 STAT. 1382 PUBLIC LAW 107–228—SEPT. 30, 2002
(4) N
OTIFICATION AND ASSISTANCE REQUIREMENTS
.—
(A) I
N 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) A
SSISTANCE 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) A
SSISTANCE 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) D
EFINITIONS
.—In this section:
(1) A
BROAD
.—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) B
ASIC PAY
.—The term ‘‘basic pay’’ has the meaning
given such term under section 8401 of title 5, United States
Code.
(3) C
IVIL 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) T
EMPORARY APPOINTMENT
.—The term ‘‘temporary
appointment’’ means an appointment that is limited by its
terms to a period of one year or less.
(d) R
ULE OF
C
ONSTRUCTION
.—Nothing in this section shall be
considered to permit or require the making of any contributions
to the Thrift Savings Fund that would not otherwise have been
permitted or required had this section not been enacted.
(e) A
PPLICABILITY
.—
(1) A
NNUITIES 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) A
NNUITIES WITH COMMENCEMENT DATE PRECEDING
EFFECTIVE DATE OF IMPLEMENTING REGULATIONS
.—
(A) R
ECOMPUTATION CASES
.—An annuity or survivor
annuity—
(i) which is based on the service of an individual
who performed service described in subsection (a), and
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116 STAT. 1383PUBLIC LAW 107–228—SEPT. 30, 2002
(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) O
THER CASES
.—An annuity or survivor annuity—
(i) which is based on the service of an individual
who performed service described in subsection (a),
(ii) the requirements for entitlement which could
not be met without taking into account service
described in subsection (a), and
(iii) which (if service described in subsection (a)
had been taken into account, and an appropriate
application been submitted) would have commenced
before the effective date referred to in paragraph (1)(B),
shall (subject to subsection (b)(1)) be computed taking into
account all service described in subsection (a) that was
performed by such individual.
(C) R
ETROACTIVE 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) L
UMP
-
SUM PAYMENT
.—Any amounts which by
virtue of subparagraph (C) are payable for any months
preceding the first month (on or after the effective date
referred to in paragraph (1)(B)) as of which annuity or
survivor annuity payments become payable fully reflecting
the computation or recomputation under subparagraph (A)
or (B) (as the case may be) shall be payable in the form
of a lump-sum payment.
(E) O
RDER 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) I
MPLEMENTATION
.—The Office of Personnel Management,
in consultation with the Secretary, shall prescribe such regulations
and take such action as may be necessary and appropriate to
implement this section.
SEC. 322. COMPUTATION OF FOREIGN SERVICE RETIREMENT ANNU-
ITIES AS IF WASHINGTON, D.C., LOCALITY-BASED COM-
PARABILITY PAYMENTS WERE MADE TO OVERSEAS-STA-
TIONED FOREIGN SERVICE MEMBERS.
(a) F
OREIGN
S
ERVICE
R
ETIREMENT AND
D
ISABILITY
S
YSTEM
.—
(1) C
OMPUTATION 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
Regulations.
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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) G
OVERNMENT 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) F
OREIGN
S
ERVICE
P
ENSION
S
YSTEM
.—
(1) C
OMPUTATION 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) I
NDIVIDUAL 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:
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116 STAT. 1385PUBLIC LAW 107–228—SEPT. 30, 2002
‘‘7.55 ........................................................ After January 11, 2003.’’.
(c) E
FFECTIVE
D
ATES
.—
(1) C
OMPUTATION 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) G
OVERNMENT 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) I
N
G
ENERAL
.—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 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) D
EFINITION
.—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 USC 2651a
note.
Deadline.
22 USC 4045
note.
22 USC 4046
note.
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116 STAT. 1386 PUBLIC LAW 107–228—SEPT. 30, 2002
(F) the numbers and percentages of members of all
minority groups promoted to each grade of the Foreign
Service.
(2) For the last preceding year for Civil Service employment
at the Department for which such information is available—
(A) numbers and percentages of members of all
minority groups entering the Civil Service;
(B) the number and percentages of members of all
minority groups who are Civil Service employees at each
grade of the Civil Service; and
(C) the number of and percentages of members of all
minority groups promoted at each grade of the Civil
Service.
SEC. 325. USE OF FUNDS AUTHORIZED FOR MINORITY RECRUITMENT.
(a) C
ONDUCT OF
R
ECRUITMENT
A
CTIVITIES
.—
(1) I
N 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) L
IMITATION
.—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) R
ECRUITMENT
A
CTIVITIES AT
A
CADEMIC
I
NSTITUTIONS
.—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) E
VALUATION OF
R
ECRUITMENT
E
FFORTS
.—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
22 USC 2651a
note.
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116 STAT. 1387PUBLIC LAW 107–228—SEPT. 30, 2002
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) I
N
G
ENERAL
.—The United Nations Reform Act of 1999 (title
IX of division A of H.R. 3427, as enacted into law by section
1000(a)(7) of Public Law 106–113; appendix G; 113 Stat. 1501A–
475) is amended as follows:
(1) Section 912(b)(3) is amended by striking ‘‘, upon the
certification described in section 941’’ and inserting the 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’’.
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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 ‘‘N
EW BUDGET
PROCEDURES
’’ and inserting ‘‘B
UDGET PRACTICES
’’;
(B) by striking ‘‘has established and’’;
(C) by striking ‘‘procedures’’ and inserting ‘‘practices’’;
and
(D) in subparagraphs (A) and (B) by striking ‘‘require’’
each place it appears and inserting ‘‘result in’’.
(5) Section 941(b)(9) is amended—
(A) in the paragraph heading by striking ‘‘N
EW BUDGET
PROCEDURES
’’ and inserting ‘‘B
UDGET 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 and inserting ‘‘result in’’.
(b) C
ONFORMING
A
MENDMENT
.—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
Law 106–113) is amended—
(1) in the first proviso, by striking ‘‘the share of the total
of all assessed contributions for any designated specialized
agency of the United Nations does not exceed 22 percent for
any single member of the agency, and’’; and
(2) by inserting after ‘‘respective agencies:’’ the following:
‘‘Provided further, That none of the funds appropriated or other-
wise made available under this heading for payment of arrear-
ages may be obligated with respect to a designated specialized
agency of the United Nations until such time as the share
of the total of all assessed contributions for that designated
specialized agency does not exceed 22 percent for any member
of the agency:’’.
(c) T
RANSMITTAL OF
C
ERTIFICATIONS TO
C
ONGRESS
.—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) A
DVANCE
C
ONGRESSIONAL
N
OTIFICATION
.—Funds made
available pursuant to section 911 may be obligated and expended
only if the appropriate certification has been submitted to the
appropriate congressional committees 15 days prior to payment
of the funds, in the case of a certification submitted with respect
to funds made available for fiscal year 2000.’’.
SEC. 402. LIMITATION ON THE UNITED STATES SHARE OF ASSESS-
MENTS FOR UNITED NATIONS PEACEKEEPING OPER-
ATIONS IN CALENDAR YEARS 2001 THROUGH 2004.
(a) I
N
G
ENERAL
.—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) I
N GENERAL
.—
Except as provided in subparagraph (B), funds’’; and
113 Stat.
1501A–42.
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116 STAT. 1389PUBLIC LAW 107–228—SEPT. 30, 2002
(2) by adding at the end the following:
‘‘(B) R
EDUCTION 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) C
ONFORMING
A
MENDMENTS TO
P
UBLIC
L
AW
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-
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) F
INDINGS
.—Congress makes the following findings:
(1) In the early 1980s, the United States Government began
to pay United States assessments to certain international
organizations in the last quarter of the calendar year in which
they were due. This practice allowed the United States to
pay its annual assessment to the United Nations and other
22 USC 287e–3.
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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) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress that
the United States should initiate a process to synchronize the
payment of its assessments to the United Nations and other 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) A
UTHORIZATION OF
A
PPROPRIATIONS
.—
(1) I
N 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) A
VAILABILITY 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) A
MENDMENTS TO
U
NITED
N
ATIONS
P
ARTICIPATION
A
CT
.—
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:
‘‘(b) A
NNUAL
R
EPORT ON
F
INANCIAL
C
ONTRIBUTIONS
.—Not later
than July 1 of each year, the Secretary of State shall submit
a report to the designated congressional committees on the extent
and disposition of all financial contributions made by the United
States during the preceding year to international organizations
in which the United States participates as a member.’’;
Deadline.
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116 STAT. 1391PUBLIC LAW 107–228—SEPT. 30, 2002
(3) in subsection (e)(5) by striking subparagraph (B) and
inserting the following:
‘‘(B) A
NNUAL REPORT
.—The President shall submit an
annual report to the designated congressional committees
on all assistance provided by the United States during
the preceding calendar year to the United Nations to 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) C
ONFORMING
A
MENDMENTS
.—
(1) Section 2 of Public Law 81–806 (22 U.S.C. 262a) is
amended by striking the last sentence.
(2) Section 409 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 287e note), is amended
by striking subsection (d).
SEC. 406. USE OF SECRET BALLOTS WITHIN THE UNITED NATIONS.
Not later than 120 days after the date of enactment of this
Act, the Secretary shall submit a report to the appropriate 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
COMMISSION ON HUMAN RIGHTS AND INTERNATIONAL
NARCOTICS CONTROL BOARD.
The United States, in connection with its voice and vote in
the United Nations General Assembly and the United Nations
Economic and Social Council, shall make every reasonable effort—
(1) to secure a seat for the United States on the United
Nations Commission on Human Rights;
(2) to secure a seat for a United States national on the
United Nations International Narcotics Control Board; and
(3) to prevent membership on the Human Rights 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.
22 USC 287 note.
Deadline.
Reports.
President.
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116 STAT. 1392 PUBLIC LAW 107–228—SEPT. 30, 2002
SEC. 409. PLAN FOR ENHANCED DEPARTMENT OF STATE EFFORTS
TO PLACE UNITED STATES CITIZENS IN POSITIONS OF
EMPLOYMENT IN THE UNITED NATIONS AND ITS
SPECIALIZED AGENCIES.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the appropriate congressional
committees a report containing a plan that provides for—
(1) proposals to reverse the decline in recent years in
funding and personnel resources devoted to the placement of
United States citizens in positions within the United Nations
system;
(2) steps to intensify coordinated, high-level diplomatic
efforts to place United States citizens in senior posts in the
United Nations Secretariat and the specialized agencies of the
United Nations; and
(3) appropriate mechanisms to address the 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/RL, Incorporated, to pay up to three employees employed
in Washington, D.C., salary or other compensation not to exceed
the rate of pay payable for level III of the Executive Schedule
under section 5314 of title 5, United States Code.’’; and
(2) in subparagraph (A), by striking ‘‘(B),’’ and inserting
‘‘(B) or (C),’’.
SEC. 503. AUTHORITY TO CONTRACT FOR LOCAL BROADCASTING
SERVICES OUTSIDE THE UNITED STATES.
Section 802(b)(4) of the United States Information and 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
Deadline.
Reports.
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116 STAT. 1393PUBLIC LAW 107–228—SEPT. 30, 2002
(2) by striking ‘‘United States Information Agency’’ and
inserting ‘‘Broadcasting Board of Governors’’.
SEC. 504. PERSONAL SERVICES CONTRACTING PILOT PROGRAM.
(a) I
N
G
ENERAL
.—The Director of the International Broad-
casting Bureau (in this section referred to as the ‘‘Director’’) may
establish 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) C
ONDITIONS
.—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) T
ERMINATION OF
A
UTHORITY
.—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) E
XEMPTION
F
ROM
R
ESPONSIBILITIES OF THE
S
ECRETARY
.—
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) E
XEMPTION
F
ROM
C
HIEF OF
M
ISSION
R
ESPONSIBILITIES
.—
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. 506. REPORT ON BROADCASTING PERSONNEL.
Not later than 120 days after the date of the enactment of
this Act, the Broadcasting Board of Governors shall submit to
the appropriate congressional committees a report regarding senior
personnel of the United States Broadcasting Board of Governors
and efforts to diversify the workforce. The report shall include
Deadline.
22 USC 6206
note.
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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
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.
Middle East
Peace
Commitments
Act of 2002.
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116 STAT. 1395PUBLIC LAW 107–228—SEPT. 30, 2002
(3) Congress has provided authorities to the President to
suspend certain statutory restrictions relating to the PLO, sub-
ject to Presidential certifications that the PLO has continued
to abide by commitments made.
SEC. 603. REPORTS.
(a) I
N
G
ENERAL
.—The President shall, at the times specified
in subsection (b), transmit to the appropriate congressional commit-
tees a report on compliance by the PLO or the Palestinian Authority,
as appropriate, with each of the commitments specified in section
602(1). The report shall include, with respect to each such 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) T
RANSMISSION
.—The initial report required under subsection
(a) shall be transmitted not later than 60 days after the date
of enactment of this Act. Each subsequent report shall be submitted
on the date on which the President is next required to submit
a report under the P.L.O. Commitments Compliance Act of 1989
(title VIII of Public Law 101–246) and may be combined with
such report.
SEC. 604. IMPOSITION OF SANCTIONS.
(a) I
N
G
ENERAL
.—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) D
ENIAL 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) D
OWNGRADE 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) D
ESIGNATION AS A FOREIGN TERRORIST ORGANIZATION
.—
The Secretary shall designate the PLO, or one or more of
its constituent groups (including Fatah and Tanzim) or groups
operating as arms of the Palestinian Authority (including Force
17), as a foreign terrorist organization, in accordance with
section 219(a) of the Immigration and Nationality Act.
Deadline.
President.
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116 STAT. 1396 PUBLIC LAW 107–228—SEPT. 30, 2002
(4) P
ROHIBITION 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) D
URATION OF
S
ANCTIONS
.—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) W
AIVER
A
UTHORITY
.—The President may waive any sanction
imposed under subsection (a) if the President determines that such
a waiver is in the national security interest of the United States.
The President shall report such a determination to the appropriate
congressional committees.
Subtitle B—Tibet Policy
SEC. 611. SHORT TITLE.
This subtitle may be cited as ‘‘Tibetan Policy Act of 2002’’.
SEC. 612. STATEMENT OF PURPOSE.
The purpose of this subtitle is to support the aspirations of
the Tibetan people to safeguard their distinct identity.
SEC. 613. TIBET NEGOTIATIONS.
(a) P
OLICY
.—
(1) I
N 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) C
OMPLIANCE
.—After such an agreement is reached, the
President and the Secretary should work to ensure compliance
with the agreement.
(b) P
ERIODIC
R
EPORTS
.—Not later than 180 days after the date
of the enactment of this Act, and every 12 months thereafter,
the President shall transmit to the appropriate congressional
committees a report on—
(1) the steps taken by the President and the Secretary
in accordance with subsection (a)(1); and
(2) the status of any discussions between the People’s
Republic of China and the Dalai Lama or his representatives.
SEC. 614. REPORTING ON TIBET.
Whenever a report is transmitted to Congress under section
116 or 502B of the Foreign Assistance Act of 1961 (22 U.S.C.
2151m, 2304) or under section 102(b) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6412(b)), Tibet shall be included
in such report as a separate section.
SEC. 615. CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S
REPUBLIC OF CHINA.
Section 302(h) of the U.S.-China Relations Act of 2000 (Public
Law 106–286), relating to the Congressional-Executive Commission
on the People’s Republic of China, is amended—
22 USC 6901
note, 6912.
22 USC 6901
note.
Deadline.
22 USC 6901
note.
22 USC 6901
note.
22 USC 6901
note.
Tibetan Policy
Act of 2002.
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116 STAT. 1397PUBLIC LAW 107–228—SEPT. 30, 2002
(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.
(a) D
ECLARATIONS OF
P
OLICY
.—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) I
NTERNATIONAL
F
INANCIAL
I
NSTITUTIONS
.—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) E
XPORT
-I
MPORT
B
ANK 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) T
IBET
P
ROJECT
P
RINCIPLES
.—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.
22 USC 6901
note.
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116 STAT. 1398 PUBLIC LAW 107–228—SEPT. 30, 2002
SEC. 617. RELEASE OF PRISONERS AND ACCESS TO PRISONS.
The President and the Secretary, in meetings with representa-
tives of the Government of the People’s Republic of China, should—
(1) request the immediate and unconditional release of
all those held prisoner for expressing their political or religious
views in Tibet;
(2) seek access for international humanitarian 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.
SEC. 618. ESTABLISHMENT OF A UNITED STATES BRANCH OFFICE IN
LHASA, TIBET.
The Secretary should make best efforts to establish an office
in Lhasa, Tibet, to monitor political, economic, and cultural develop-
ments in Tibet.
SEC. 619. REQUIREMENT FOR TIBETAN LANGUAGE TRAINING.
The Secretary shall ensure that Tibetan language training is
available to Foreign Service officers, and that every effort is made
to ensure that a Tibetan-speaking Foreign Service officer is assigned
to a United States post in the People’s Republic of China responsible
for monitoring developments in Tibet.
SEC. 620. RELIGIOUS PERSECUTION IN TIBET.
(a) H
IGH
-L
EVEL
C
ONTACTS
.—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) P
ROMOTION OF
I
NCREASED
A
DVOCACY
.—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.
SEC. 621. UNITED STATES SPECIAL COORDINATOR FOR TIBETAN
ISSUES.
(a) U
NITED
S
TATES
S
PECIAL
C
OORDINATOR FOR
T
IBETAN
I
SSUES
.—There shall be within the Department a United States
Special Coordinator for Tibetan Issues (in this section referred
to as the ‘‘Special Coordinator’’).
(b) C
ONSULTATION
.—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.
22 USC 6901
note.
22 USC 6901
note.
22 USC 6901
note.
22 USC 6901
note.
22 USC 6901
note.
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116 STAT. 1399PUBLIC LAW 107–228—SEPT. 30, 2002
(c) C
ENTRAL
O
BJECTIVE
.—The central objective of the Special
Coordinator is to promote substantive dialogue between the Govern-
ment of the People’s Republic of China and the Dalai Lama or
his representatives.
(d) D
UTIES AND
R
ESPONSIBILITIES
.—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
Independence Act of 2002
SEC. 631. SHORT TITLE.
This subtitle may be cited as the ‘‘East Timor Transition to
Independence Act of 2002’’.
SEC. 632. BILATERAL ASSISTANCE.
(a) A
UTHORITY
.—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) A
UTHORIZATION OF
A
PPROPRIATIONS
.—
22 USC 2656
note.
22 USC 2656
note.
East Timor
Transition to
Independence Act
of 2002.
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116 STAT. 1400 PUBLIC LAW 107–228—SEPT. 30, 2002
(1) I
N GENERAL
.—There is authorized to be appropriated
to the President to carry out this section $25,000,000 for the
fiscal year 2003.
(2) A
VAILABILITY
.—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) T
RADE AND
D
EVELOPMENT
A
GENCY
.—
(1) I
N 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) A
UTHORIZATION OF APPROPRIATIONS
.—
(A) I
N 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) A
VAILABILITY
.—Amounts appropriated pursuant to
the authorization of appropriations under subparagraph
(A) are authorized to remain available until expended.
(c) E
XPORT
-I
MPORT
B
ANK
.—The Export-Import Bank of the
United States should expand its activities in connection with exports
to East Timor to the extent such activities are requested and
to the extent there is a reasonable assurance of repayment.
SEC. 635. GENERALIZED SYSTEM OF PREFERENCES.
As soon as possible after the enactment of this Act, the United
States Trade Representative and the Commissioner of Customs
should send an assessment team to East Timor to compile a list
of duty-free eligible products so that the Government of East Timor
can begin the process of applying for General System of Preference
benefits.
SEC. 636. AUTHORITY FOR RADIO BROADCASTING.
The Broadcasting Board of Governors should broadcast to East
Timor in an appropriate language or languages.
SEC. 637. SECURITY ASSISTANCE FOR EAST TIMOR.
(a) S
TUDY AND
R
EPORT
.—
(1) S
TUDY
.—The President shall conduct a study to
determine—
(A) the extent to which East Timor’s security needs
can be met by the transfer of excess defense articles under
section 516 of the Foreign Assistance Act of 1961;
President.
22 USC 2656
note.
22 USC 2656
note.
Records.
22 USC 2656
note.
22 USC 2656
note.
22 USC 2656
note.
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116 STAT. 1401PUBLIC LAW 107–228—SEPT. 30, 2002
(B) the extent to which international military 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) R
EPORT
.—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) A
UTHORIZATION OF
A
SSISTANCE
.—
(1) I
N GENERAL
.—Beginning on the date on which Congress
receives the report transmitted under subsection (a)(2), or the
date on which Congress receives the certification transmitted
under paragraph (2), whichever occurs later, the President
is authorized—
(A) to transfer excess defense articles under section
516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j)
to East Timor in accordance with such section; and
(B) to provide military education and training under
chapter 5 of part II of such Act (22 U.S.C. 2347 et seq.)
for the armed forces of East Timor in accordance with
such chapter.
(2) C
ERTIFICATION
.—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) I
N
G
ENERAL
.—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) I
NFORMATION
.—The report required by subsection (a) shall
include—
(1) developments in East Timor’s political and economic
situation in the period covered by the report, including an
evaluation of any elections which have occurred in East Timor
and the refugee reintegration process in East Timor;
(2) in the initial report, a 3-year plan for United States
foreign assistance to East Timor in accordance with section
632, prepared by the Administrator of the United States Agency
for International Development, which outlines the goals for
United States foreign assistance to East Timor during the
3-year period;
(3) a description of the activities undertaken in East Timor
by the International Bank for Reconstruction and Development,
the Asian Development Bank, and other international financial
Deadline.
22 USC 2656
note.
Effective date.
Deadline.
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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.
Subtitle D—Clean Water for the Americas
Partnership
SEC. 641. SHORT TITLE.
This subtitle may be cited as the ‘‘Clean Water for the Americas
Partnership Act of 2002’’.
SEC. 642. DEFINITIONS.
In this subtitle:
(1) J
OINT 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) L
ATIN 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) R
EGION
.—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) U
NITED 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) U
NITED 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.
SEC. 643. ESTABLISHMENT OF PROGRAM.
The President is authorized to establish a program which shall
be known as the ‘‘Clean Water for the Americas Partnership’’.
22 USC 2151p
note.
22 USC 2151p
note.
22 USC 2151p
note.
Clean Water for
the Americas
Partnership Act
of 2002.
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116 STAT. 1403PUBLIC LAW 107–228—SEPT. 30, 2002
SEC. 644. ENVIRONMENTAL ASSESSMENT.
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.
(a) A
UTHORITY
T
O
E
STABLISH
.—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) F
UNCTIONS
.—The TEAMs would link United States private
sector environmental technology firms with local partners, both
public and private, by providing logistic and information support
to United States firms seeking to find local partners and opportuni-
ties for environmental projects. TEAMs should emphasize assisting
United States small businesses.
(c) L
OCATION
.—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. PROMOTION OF WATER QUALITY, WATER TREATMENT SYS-
TEMS, AND ENERGY EFFICIENCY.
Subject to the availability of appropriations, the President is
authorized to provide matching grants to United States associations
and United States nonprofit entities for the purpose of promoting
water quality, water treatment systems, and energy efficiency in
the region. The grants shall be used to support joint projects,
including professional exchanges, academic fellowships, training
programs in the United States or in the region, cooperation in
regulatory review, development of training materials, the 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 PREFEASIBILITY STUDIES WITHIN A DES-
IGNATED SUBREGION.
(a) G
RANT
A
UTHORITY
.—
(1) I
N 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).
22 USC 2151p
note.
Grants.
22 USC 2151p
note.
22 USC 2151p
note.
22 USC 2151p
note.
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116 STAT. 1404 PUBLIC LAW 107–228—SEPT. 30, 2002
(2) D
ESIGNATION 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) M
ATCHING
R
EQUIREMENT
.—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) L
IMITATION
P
ER
S
INGLE
P
ROJECT
.—With respect to any
single project, grant funds under this section shall be available
only for the prefeasibility portion of that project.
(d) D
EFINITIONS
.—In this section:
(1) P
REFEASIBILITY
.—The term ‘‘prefeasibility’’ means, with
respect to a project, not more than 25 percent of the design
phase of the project.
(2) S
UBREGION
.—The term ‘‘subregion’’ means an area
within the region and includes areas such as Central America,
the Andean region, and the Southern cone.
SEC. 648. CLEAN WATER TECHNICAL SUPPORT COMMITTEE.
(a) I
N
G
ENERAL
.—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) C
OMPOSITION
.—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) F
UNCTIONS
.—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.
SEC. 649. AUTHORIZATION OF APPROPRIATIONS.
(a) I
N
G
ENERAL
.—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) A
VAILABILITY OF
F
UNDS
.—Funds appropriated pursuant to
subsection (a) are authorized to remain available until expended.
SEC. 650. REPORT.
Eighteen months after the establishment of the program pursu-
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.
SEC. 651. TERMINATION DATE.
(a) I
N
G
ENERAL
.—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) E
XCEPTION
.—In lieu of the termination date specified in
subsection (a), the termination required by that subsection shall
take effect five years after the date of establishment of the program
described in section 643 if, prior to the termination date specified
22 USC 2151p
note.
Deadline.
President.
22 USC 2151p
note.
22 USC 2151p
note.
22 USC 2151p
note.
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116 STAT. 1405PUBLIC LAW 107–228—SEPT. 30, 2002
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.
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) I
NCREASING
R
ESOURCES AND
I
MPORTANCE OF
H
UMAN
R
IGHTS
.—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) P
LAN
R
ELATED TO
H
UMAN
R
IGHTS
A
CTIVITIES
.—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:
Deadline.
22 USC 2151n–2
note.
22 USC 2151
note.
Freedom
Investment Act
of 2002.
Human rights.
22 USC 2151p
note.
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116 STAT. 1406 PUBLIC LAW 107–228—SEPT. 30, 2002
(1) Improving the integration of human rights policy into
the Department’s overall policy formulation and 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.
SEC. 664. HUMAN RIGHTS AND DEMOCRACY FUND.
(a) E
STABLISHMENT OF
F
UND
.—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) P
URPOSES OF
F
UND
.—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) F
UNDING
.—
(1) I
N 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
(22 U.S.C. 2151n(e)).
(2) A
LLOCATION 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) F
ATHER 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) S
ECTION
116 R
EPORT
.—Section 116(d) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2151n(d)) is amended—
22 USC 2151n–2.
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116 STAT. 1407PUBLIC LAW 107–228—SEPT. 30, 2002
(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) S
ECTION
502B R
EPORT
.—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) S
EPARATE
R
EPORT
.—The information to be included in the
report required by sections 116(d) and 502B(b) of the Foreign Assist-
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) E
CONOMIC POLICY AND TRADE PRACTICES
.—Section 2202
of the Omnibus Trade and Competitiveness Act of 1988 (15
U.S.C. 4711).
(2) A
NNUAL 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) R
EPORTING 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) R
EPORTING REQUIREMENTS REGARDING PLACEMENT OF
SENIOR FOREIGN SERVICE PERSONNEL
.—Section 324 of the
Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (section 324
of division A of H.R. 3427, as enacted into law by section
1000(a)(7) of Public Law 106–113; appendix G; 113 Stat. 1501A–
437).
SEC. 672. BIENNIAL REPORTS ON PROGRAMS TO ENCOURAGE GOOD
GOVERNANCE.
(a) C
ONVERSION OF ANNUAL REPORTS TO BIENNIAL REPORTS
.—
Section 133(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2152c(d)) is amended—
22 USC 3945
note.
22 USC 2151n
note.
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116 STAT. 1408 PUBLIC LAW 107–228—SEPT. 30, 2002
(1) in the subsection heading, by striking ‘‘A
NNUAL
R
EPORT
’’
and inserting ‘‘B
IENNIAL
R
EPORTS
’’; and
(2) in paragraph (1)—
(A) in the text above subparagraph (A), by striking
‘‘an annual report’’ and inserting ‘‘a biennial report’’;
(B) in subparagraph (A), by striking ‘‘prior year’’ and
inserting ‘‘preceding two-year period’’; and
(C) in subparagraph (B), by striking ‘‘prior year’’ and
inserting ‘‘preceding two-year period’’.
(b) T
RANSITION
.—The first biennial report under section 133(d)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2152c(d)), as
amended by subsection (a), is required to be submitted not later
than two years after the date of submission of the last annual
report required under such section 133 (as in effect before the
date of enactment of this Act).
Subtitle G—Other Matters
SEC. 681. AMENDMENTS TO THE INTERNATIONAL RELIGIOUS
FREEDOM ACT OF 1998.
(a) V
IOLATIONS OF
R
ELIGIOUS
F
REEDOM
.—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) E
STABLISHMENT OF
S
TAGGERED
T
ERMS OF
M
EMBERS OF
C
OMMISSION
.—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) E
STABLISHMENT OF STAGGERED TERMS
.—
‘‘(A) I
N 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) P
RESIDENTIAL APPOINTMENTS
.—Of the three mem-
bers of the Commission appointed by the President under
subsection (b)(1)(B)(i), two shall be appointed to a 1-year
term and one shall be appointed to a 2-year term.
‘‘(C) A
PPOINTMENTS BY THE PRESIDENT PRO TEMPORE
OF THE SENATE
.—Of the three members of the Commission
appointed by the President pro tempore of the Senate under
subsection (b)(1)(B)(ii), one of the appointments made upon
the recommendation of the leader in the Senate of the
political party that is not the political party of the President
shall be appointed to a 1-year term, and the other two
appointments under such clause shall be 2-year terms.
‘‘(D) A
PPOINTMENTS BY THE SPEAKER OF THE HOUSE
OF REPRESENTATIVES
.—Of the three members of the
Commission appointed by the Speaker of the House of
Representatives under subsection (b)(1)(B)(iii), one of the
appointments made upon the recommendation of the leader
in the House of the political party that is not the political
party of the President shall be to a 1-year term, and
Deadline.
22 USC 2152c
note.
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116 STAT. 1409PUBLIC LAW 107–228—SEPT. 30, 2002
the other two appointments under such clause shall be
2-year terms.
‘‘(E) A
PPOINTMENTS TO 1
-
YEAR TERMS
.—The term of
each member of the Commission appointed to a 1-year
term shall be considered to have begun on May 15, 2003,
and shall end on May 14, 2004, regardless of the date
of the appointment to the Commission. Each vacancy which
occurs upon the expiration of the term of a member
appointed to a 1-year term shall be filled by the appoint-
ment of a successor to a 2-year term.
‘‘(F) A
PPOINTMENTS 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) E
LECTION OF
C
HAIR OF
C
OMMISSION
.—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) V
ACANCIES
.—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) A
UTHORIZATIONS OF
A
PPROPRIATIONS
.—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) P
ROCUREMENT OF
N
ONGOVERNMENTAL
S
ERVICES
.—The third
sentence of section 208(c)(1) of such Act (22 U.S.C. 6435a(c)(1))
is amended to read as follows: ‘‘The Commission may procure 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) R
EVISED
T
ERMINATION
D
ATE OF
C
OMMISSION
.—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) A
SSISTANCE FOR
V
ICTIMS IN
O
THER
C
OUNTRIES
.—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
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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) A
UTHORIZATION OF
A
PPROPRIATIONS
.—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) C
OUNTRIES
R
ECEIVING
E
CONOMIC
A
SSISTANCE
.—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
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116 STAT. 1411PUBLIC LAW 107–228—SEPT. 30, 2002
‘‘(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) C
OUNTRIES
R
ECEIVING
S
ECURITY
A
SSISTANCE
.—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 (Public Law 99–93) is amended by striking
‘‘2002’’ and inserting ‘‘2005’’.
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
PROCUREMENT CONTRACTS OF USAID.
(a) I
NITIAL
R
EPORT
.—Not later than 120 days after the date
of the enactment of this Act, the Administrator shall submit to
the designated congressional committees a report that contains
the following:
(1) For each of the fiscal years 2000, 2001, and 2002:
(A) The total number of the contracts that were
awarded by the Agency to—
(i) all small businesses;
(ii) small business concerns owned and controlled
by socially and economically disadvantaged individuals;
(iii) small business concerns owned and controlled
by women;
(iv) small businesses participating in the program
under section 8(a) of such Act (15 U.S.C. 637(a)); and
(v) qualified HUBZone small business concerns.
(B) The percentage of all contracts awarded by the
Agency that were awarded to the small businesses in each
Deadline.
22 USC 2352
note.
22 USC 2291
note.
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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 into
by the Agency that were performed under subcontracts
described in clause (i), as computed on the basis of
dollar amounts.
(2) An analysis of any specific industries or sectors that
are underrepresented by small businesses in the awarding of
contracts by the Agency and, to the extent such information
is available, such analysis pertaining to the making of grants
and cooperative agreements by the Agency.
(3) A specific plan of outreach, including measurable
achievement milestones, to increase the total number of 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
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116 STAT. 1413PUBLIC LAW 107–228—SEPT. 30, 2002
a particular focus on the industries or sectors identified in
paragraph (2).
(4) Any other information the Administrator determines
appropriate.
(b) P
LAN
T
O
I
NCREASE
S
MALL
B
USINESS
C
ONTRACTING
.—The
plan required for the report under subsection (a)(3) shall include
the following matters:
(1) Proposals and milestones that apply to all contracts
entered into by or on behalf of the Agency in Washington,
D.C., and proposals and milestones that apply to all contracts
entered into by or on behalf of the Agency by offices outside
Washington, D.C.
(2) Proposals and milestones of the Agency to increase
the amount of subcontracting to businesses described in such
subsection (a)(3) by the prime contractors of the Agency.
(3) With the milestones described in paragraph (2), a
description of how the Administrator plans to use the failure
of a prime contractor to meet goals as a ranking factor for
evaluating any other submission from the contractor for future
contracts by the Agency.
(c) A
NNUAL
R
EPORTS
.—Not later than January 31, 2004,
January 31, 2005, and January 31, 2006, the Administrator shall
submit to the designated congressional committees a report for
the preceding fiscal year that contains a description of the 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, D.C.,
and for subcontracting by prime contractors of the Agency.
(d) D
EFINITIONS
.—In this section:
(1) A
DMINISTRATOR
.—The term ‘‘Administrator’’ means the
Administrator of the United States Agency for International
Development.
(2) A
GENCY
.—The term ‘‘Agency’’ means the United States
Agency for International Development.
(3) D
ESIGNATED 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
PRACTICES IN LATIN AMERICAN COUNTRIES.
(a) I
N
G
ENERAL
.—The President, acting through the Adminis-
trator of the United States Agency for International Development,
is authorized, under such terms and conditions as the President
22 USC 2152e.
Deadlines.
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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) P
ROGRAM
D
ESCRIPTION
.—
(1) I
N 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) T
RAINING
.—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) T
RANSLATION 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) O
THER 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) C
OVERED 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) F
INDINGS
.—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,
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116 STAT. 1415PUBLIC LAW 107–228—SEPT. 30, 2002
the only such national organization denied membership in the
Movement.
(b) S
ENSE OF
C
ONGRESS
.—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 United 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.
(a) R
EPORT ON
R
EFORM
A
CTIVITIES
.—
(1) I
N GENERAL
.—Not later than 180 days after the date
of the enactment of this Act, and not later than April 1 of
each year thereafter, the Secretary shall submit to the 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) C
ONTENTS
.—Each such report shall contain the fol-
lowing:
Deadlines.
22 USC 2291
note.
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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) R
EPORT ON
C
ERTAIN
C
OUNTERNARCOTICS
A
CTIVITIES
.—
(1) D
ECLARATION 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.
(2) R
EPORT
.—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) C
ONTENTS
.—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) D
EFINITION
.—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) F
INDINGS
.—Congress makes the following findings:
Deadlines.
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116 STAT. 1417PUBLIC LAW 107–228—SEPT. 30, 2002
(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) R
EPORT TO
C
ONGRESS
.—Not later than 150 days after the
date of enactment of this Act, the Secretary shall submit a report
to the appropriate congressional committees which sets forth a
statement of policy and comprehensive strategy for United States
activities in Colombia related to—
(1) the eradication of all opium cultivation at its source
in Colombia; and
(2) the impact of Plan Colombia on Ecuador and the other
adjacent countries to Colombia.
SEC. 696. REPORT ON EXTRADITION POLICY AND PRACTICE.
Not later than May 1, 2003, the Secretary shall submit a
report to the appropriate congressional committees on extradition
practice between the United States and governments of foreign
countries with which the United States has an extradition 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) F
INDING
.—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.
Deadline.
Deadline.
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116 STAT. 1418 PUBLIC LAW 107–228—SEPT. 30, 2002
(b) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress that
the United States should support the Truth and Reconciliation
Commission in Sierra Leone, including through assistance in the
collection of human rights data relevant to the Commission’s work.
(c) A
LLOCATION OF
F
UNDS
.—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) E
XTENSION OF
R
EWARDS
P
ROGRAM
.—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) D
ETERMINATION
R
EGARDING
T
RANSFERS
.—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) D
URATION OF
P
ROHIBITION
.—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) R
EPORT
.—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) D
EFINITION
.—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) F
INDINGS
.—Congress finds that—
President.
22 USC 2301
note.
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116 STAT. 1419PUBLIC LAW 107–228—SEPT. 30, 2002
(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) S
ENSE OF
C
ONGRESS
.—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) C
ONGRESSIONAL
S
TATEMENT OF
P
OLICY
.—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) D
ECOMMISSIONING
W
EAPONS
.—Congress—
(1) calls on the Irish Republican Army to continue and
complete the decommissioning of all their arms and explosives;
and
(2) calls for—
(A) the decommissioning of all weapons held by
paramilitaries on all sides, such as the Provisional Irish
Republican Army (PIRA), the Real Irish Republican Army
(RIRA), the Continuity Irish Republican Army (CIRA), the
Loyalist Volunteer Force (LVF), the Orange Volunteers
(OV), the Red Hand Defenders (RHD), the Ulster Defense
Association/Ulster Freedom Fighters (UDA/UFF), the
Ulster Volunteer Force (UVF); and
(B) the immediate cessation of paramilitary punish-
ment attacks and exiling.
(c) S
UPPORT FOR
G
LOBAL
W
AR ON
T
ERRORISM
.—Congress recog-
nizes the United Kingdom’s commitment to support the United
States in a global war on terrorism.
(d) R
EPORT ON
P
OLICING
R
EFORM AND
H
UMAN
R
IGHTS IN
N
ORTHERN
I
RELAND
.—Not later than 60 days after the date of
the enactment of this Act, the President shall submit a report
to the appropriate congressional committees on the following:
Deadline.
President.
Patrick
Finucane.
Rosemary
Nelson.
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116 STAT. 1420 PUBLIC LAW 107–228—SEPT. 30, 2002
(1) The extent to which the Governments of the United
Kingdom and Ireland have implemented the recommendations
relating to the 175 policing reforms contained in the Patten
Commission report issued on September 9, 1999, including
a description of the progress of the integration of human rights,
as well as recruitment procedures aimed at increasing Catholic
representation, including the effectiveness of such procedures,
in the new Police Service of Northern Ireland.
(2) The status of the investigations into the murders of
Patrick Finucane, Rosemary Nelson, and Robert Hammill,
including the extent to which progress has been made on 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) C
OMPLIANCE
W
ITH
P
RIOR
P
ROVISIONS
.—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).
Deadline.
22 USC 2151n
note.
Robert Hammill.
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116 STAT. 1421PUBLIC LAW 107–228—SEPT. 30, 2002
(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) R
EPORT
C
ONCERNING THE
G
ERMAN
F
OUNDATION
‘‘R
EMEM
-
BRANCE
, R
ESPONSIBILITY
,
AND THE
F
UTURE
’’.—Not later than 180
days after the date of the enactment of this Act, and every 180
days thereafter until all funds made available to the German
Foundation have been disbursed, the Secretary shall report to the
appropriate congressional committees on the status of the
implementation of the Agreement and, to the extent possible, on
whether or not—
(1) during the 180-day period preceding the date of the
report, the German Bundestag has authorized the allocation
of funds to the Foundation, in accordance with section 17 of
Deadline.
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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 Secretary’s report shall include the Secretary’s justification
for each determination under this subsection.
(b) S
ENSE OF
C
ONGRESS
.—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) D
EFINITIONS
.—In this section:
(1) A
GREEMENT
.—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) A
NNEX B TO THE JOINT STATEMENT OF JULY 17
,
2000
.—
The term ‘‘Annex B to the Joint Statement of July 17, 2000’’
means Annex B to the Joint Statement on occasion of the
final plenary meeting concluding international talks on the
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116 STAT. 1423PUBLIC LAW 107–228—SEPT. 30, 2002
preparation of the Federal Foundation ‘‘Remembrance, Respon-
sibility and the Future’’, done at Berlin on July 17, 2000.
(3) G
ERMAN 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) F
INDINGS
.—Congress finds that—
(1) Dina Babbitt (formerly known as Dinah Gottliebova),
a United States citizen has requested the return of watercolor
portraits she painted while suffering a 1
1
⁄
2
-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) S
ENSE OF
C
ONGRESS
.—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 1
1
⁄
2
-year-long internment at the Auschwitz death
camp, and return them to her;
(3) urges the Secretary to make immediate diplomatic
efforts to facilitate the transfer of the 7 original watercolors
painted by Dina Babbitt from the Auschwitz-Birkenau State
Museum to Dina Babbitt, their rightful owner;
(4) urges the Government of Poland to immediately 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.
Dinah
Gottliebova.
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116 STAT. 1424 PUBLIC LAW 107–228—SEPT. 30, 2002
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:
(1) R
EPORT
.—Not later than September 15 of the previous
fiscal year the President has submitted to the appropriate
congressional committees a report identifying each country
determined by the President to be a major drug transit country
or major illicit drug producing country as defined in section
481(e) of the Foreign Assistance Act of 1961.
(2) D
ESIGNATION AND JUSTIFICATION
.—In each report under
paragraph (1), the President shall also—
(A) designate each country, if any, identified in such
report that has failed demonstrably, during the previous
12 months, to make substantial efforts—
(i) to adhere to its obligations under international
counternarcotics agreements; and
(ii) to take the counternarcotics measures set forth
in section 489(a)(1) of the Foreign Assistance Act of
1961; and
(B) include a justification for each country so des-
ignated.
(3) L
IMITATION 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
counternarcotics agreements; and
(ii) to take the counternarcotics measures set forth
in section 489(a)(1) of the Foreign Assistance Act of
1961.
(4) I
NTERNATIONAL 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;
Deadline.
President.
22 USC 2291j–1.
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116 STAT. 1425PUBLIC LAW 107–228—SEPT. 30, 2002
(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) A
PPLICATION
.—(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) S
TATUTORY 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) T
RANSITION 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) E
FFECTIVE 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
ACT OF 2002
TITLE X—GENERAL PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ‘‘Security Assistance Act
of 2002’’.
SEC. 1002. DEFINITIONS.
In this division:
22 USC 2151
note.
22 USC 2151
note.
Security
Assistance Act of
2002.
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116 STAT. 1426 PUBLIC LAW 107–228—SEPT. 30, 2002
(1) D
EFENSE 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) D
EFENSE 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) E
XCESS 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) I
N
G
ENERAL
.—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) A
DDITIONAL
P
ERSONNEL
.—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)
of Public Law 106–113.
SEC. 1103. REVISED VERIFICATION AND COMPLIANCE REPORTING
REQUIREMENTS.
Section 403(a) of the Arms Control and Disarmament Act (22
U.S.C. 2593a(a)) is amended by striking ‘‘January 31’’ and inserting
‘‘April 15’’.
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116 STAT. 1427PUBLIC LAW 107–228—SEPT. 30, 2002
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) A
UTHORIZED
P
URPOSES
.—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) D
EFINITION OF
‘‘W
EAPONS OF
M
ASS
D
ESTRUCTION
’’.—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) C
ONGRESSIONAL
N
OTIFICATION OF
E
XPORT
L
ICENSE
A
PPROVALS
.—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’’.
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116 STAT. 1428 PUBLIC LAW 107–228—SEPT. 30, 2002
(b) R
EPORT
.—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) A
NNUAL
M
ILITARY
A
SSISTANCE
R
EPORTS
.—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’’.
(d) R
EPORT ON
A
RMS
B
ROKERING
.—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.
SEC. 1206. TREATMENT OF TAIWAN RELATING TO TRANSFERS OF
DEFENSE ARTICLES AND DEFENSE SERVICES.
Notwithstanding any other provision of law, for purposes of
the transfer or possible transfer of defense articles or defense 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) A
NNUAL
R
EPORT
.—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:
22 USC 2321k
note.
Deadline.
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116 STAT. 1429PUBLIC LAW 107–228—SEPT. 30, 2002
‘‘SEC. 549. HUMAN RIGHTS REPORT.
‘‘(a) I
N
G
ENERAL
.—Not later than March 1 of each year, the
Secretary of State shall submit to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report describing, to the extent practicable, any 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) F
ORM
.—The report described in subsection (a) shall be
in unclassified form, but may include a classified annex.’’.
(b) R
ECORDS
R
EGARDING
F
OREIGN
P
ARTICIPANTS
.—Section 548
of the Foreign Assistance Act of 1961 (22 U.S.C. 2347g) is
amended—
(1) by striking ‘‘In’’ and inserting:
‘‘(a) D
EVELOPMENT AND
M
AINTENANCE OF
D
ATABASE
.—In’’; and
(2) by adding at the end the following new subsections:
‘‘(b) A
NNUAL
L
IST OF
F
OREIGN
P
ERSONNEL
.—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) U
PDATING OF
D
ATABASE
.—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.
Deadline.
22 USC 2347h.
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116 STAT. 1430 PUBLIC LAW 107–228—SEPT. 30, 2002
‘‘(3) Costs incurred by the United States shall be charged to
the current applicable appropriations accounts or funds of the
participating United States Government agencies.’’.
Subtitle C—Assistance for Select Countries
SEC. 1221. ASSISTANCE FOR ISRAEL AND EGYPT.
(a) A
UTHORIZATION OF
A
PPROPRIATIONS FOR
I
SRAEL
.—Section
513 of the Security Assistance Act of 2000 (Public Law 106–280)
is amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(i) by striking ‘‘2001 and 2002’’ and inserting ‘‘2002
and 2003’’; and
(ii) by adding at the end the following new 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) A
DDITIONAL 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) A
UTHORIZATION OF
A
PPROPRIATIONS FOR
E
GYPT
.—Section
514 of the Security Assistance Act of 2000 (Public Law 106–280)
is amended—
(1) by striking ‘‘2001 and 2002’’ each place it appears and
inserting ‘‘2002 and 2003’’; and
(2) in subsection (e), by striking ‘‘Funds estimated’’ and
all that follows through ‘‘and’’ at the end of paragraph (2)
and inserting the following: ‘‘Funds estimated to be outlayed
for Egypt under subsection (c) during fiscal years 2002 and
2003 shall be disbursed to an interest-bearing account for Egypt
Deadline.
114 Stat. 857.
114 Stat. 856.
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116 STAT. 1431PUBLIC LAW 107–228—SEPT. 30, 2002
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) I
N
G
ENERAL
.—Of the amount made available for the fiscal
year 2003 to carry out chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq.)—
(1) $1,120,000 for fiscal year 2003 is authorized to be
available for Greece; and
(2) $2,800,000 for fiscal year 2003 is authorized to be
available for Turkey.
(b) U
SE FOR
P
ROFESSIONAL
M
ILITARY
E
DUCATION
.—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) U
SE FOR
J
OINT
T
RAINING
.—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) R
EPEAL
.—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
C
ERTAIN
O
THER
C
OUNTRIES
.—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) T
HE BALTIC STATES
.—For all of the Baltic states of
Estonia, Latvia, and Lithuania, $22,000,000.
(2) B
ULGARIA
.—For Bulgaria, $11,000,000.
(3) T
HE CZECH REPUBLIC
.—For the Czech Republic,
$11,000,000.
(4) G
EORGIA
.—For Georgia, $7,000,000.
(5) H
UNGARY
.—For Hungary, $11,000,000.
(6) J
ORDAN
.—For Jordan, $198,000,000.
(7) M
ALTA
.—For Malta, $1,150,000.
(8) T
HE PHILIPPINES
.—For the Philippines, $25,000,000.
(9) P
OLAND
.—For Poland, $16,000,000.
(10) R
OMANIA
.—For Romania, $12,000,000.
(11) S
LOVAKIA
.— For Slovakia, $9,000,000.
(12) S
LOVENIA
.—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
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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) T
HE BALTIC STATES
.—For all of the Baltic states of
Estonia, Latvia, and Lithuania, $3,300,000.
(2) B
ULGARIA
.—For Bulgaria, $1,370,000.
(3) T
HE CZECH REPUBLIC
.—For the Czech Republic,
$1,900,000.
(4) G
EORGIA
.—For Georgia, $1,200,000.
(5) H
UNGARY
.—For Hungary, $1,900,000.
(6) J
ORDAN
.—For Jordan, $4,000,000.
(7) M
ALTA
.—For Malta, $350,000.
(8) T
HE PHILIPPINES
.—For the Philippines, $2,000,000.
(9) P
OLAND
.—For Poland, $2,000,000.
(10) R
OMANIA
.—For Romania, $1,500,000.
(11) S
LOVAKIA
.—For Slovakia, $950,000.
(12) S
LOVENIA
.—For Slovenia, $950,000.
(c) R
EPEALS
.—Sections 511 (a) and (b) and 515 of the Security
Assistance Act of 2000 are repealed.
SEC. 1224. ASSISTANCE TO LEBANON.
(a) P
ROHIBITION
.—Notwithstanding any other provision of law,
$10,000,000 of the amounts made available for fiscal year 2003
or any subsequent fiscal year that are allocated for assistance
to Lebanon under chapter 4 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support
fund) may not be obligated unless and until the President certifies
to the appropriate congressional committees that—
(1) the armed forces of Lebanon have been deployed to
the internationally recognized border between Lebanon and
Israel; and
(2) the Government of Lebanon is effectively asserting its
authority in the area in which such armed forces have been
deployed.
(b) R
EQUIREMENT
R
ELATING TO
F
UNDS
W
ITHHELD
.—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) A
UTHORITY
.—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) S
ENSE OF
C
ONGRESS
.—It is the sense of Congress that
the authority provided under this section should be utilized only
22 USC 2346
note.
114 Stat. 855,
858.
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116 STAT. 1433PUBLIC LAW 107–228—SEPT. 30, 2002
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
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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) E
XCEPTION FOR
C
ERTAIN
C
OUNTRIES
.—Section 656(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2416(a)) is amended—
(1) by striking ‘‘(a) A
NNUAL
R
EPORT
.—Not’’ and inserting
the following:
‘‘(a) A
NNUAL
R
EPORT
.—
‘‘(1) I
N GENERAL
.—Not’’; and
(2) by adding at the end the following:
‘‘(2) E
XCEPTION FOR CERTAIN COUNTRIES
.—Paragraph (1)
does not apply to any NATO member, Australia, Japan, or
New Zealand, unless one of the appropriate congressional
committees has specifically requested, in writing, inclusion of
such country in the report. Such request shall be made not
later than 90 calendar days prior to the date on which the
report is required to be transmitted.’’.
(b) A
NNUAL
M
ILITARY
A
SSISTANCE
R
EPORTS
.—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) Q
UARTERLY
R
EPORTS ON
G
OVERNMENT
-T
O
-G
OVERNMENT
A
RMS
E
XPORTS
.—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.
SEC. 1263. CONSULTATION WITH CONGRESS WITH REGARD TO TAIWAN.
Beginning 180 days after the date of enactment of this Act,
and every 180 days thereafter, the President shall provide detailed
briefings to and consult with the appropriate congressional commit-
tees regarding the United States security assistance to Taiwan,
including the provision of defense articles and defense services.
Effective date.
President.
22 USC 3302
note.
Deadline.
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116 STAT. 1435PUBLIC LAW 107–228—SEPT. 30, 2002
TITLE XIII—NONPROLIFERATION AND
EXPORT CONTROL ASSISTANCE
Subtitle A—General Provisions
SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.
(a) A
UTHORIZATION
.—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 ‘‘F
ISCAL
Y
EAR
2001’’; and
(B) by striking ‘‘2001’’ and inserting ‘‘2002’’.
(b) S
UBALLOCATIONS
.—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) C
ONFORMING
A
MENDMENT
.—Section 302 of the Security
Assistance Act of 2000 (Public Law 106–280; 114 Stat. 853) is
repealed.
(d) F
URTHER
A
UTHORIZATION
.—There is authorized to be appro-
priated under ‘‘Nonproliferation, Anti-terrorism, Demining, and
Related Programs’’ $382,400,000 for fiscal year 2003.
SEC. 1302. NONPROLIFERATION TECHNOLOGY ACQUISITION PRO-
GRAMS FOR FRIENDLY FOREIGN COUNTRIES.
(a) I
N
G
ENERAL
.—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) R
EPORTS ON
T
RAINING
P
ROGRAM
.—
(1) I
NITIAL 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) S
UBSEQUENT 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.
Deadlines.
22 USC 2349bb
note.
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116 STAT. 1436 PUBLIC LAW 107–228—SEPT. 30, 2002
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) G
ENERAL
A
UTHORITY
.—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) A
DMINISTRATION OF
C
OURSES
.—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) P
URPOSES
.—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) P
RIORITY TO
C
ERTAIN
C
OUNTRIES
.—In selecting personnel
for education and training pursuant to this section, priority should
be given to personnel from countries determined by the Secretary
of State to be countries frequently transited by proliferation-related
shipments of cargo.’’.
SEC. 1304. RELOCATION OF SCIENTISTS.
(a) R
EINSTATEMENT OF
C
LASSIFICATION
A
UTHORITY
.—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) D
URATION OF
A
UTHORITY
.—The authority under subsection
(a) shall be in effect during the following periods:
‘‘(1) The period beginning on the date of the enactment
of this Act and ending 4 years after such date.
‘‘(2) The period beginning on the date of the enactment
of the Security Assistance Act of 2002 and ending 4 years
after such date.’’.
(b) L
IMITATION ON
N
UMBER OF
S
CIENTISTS
E
LIGIBLE FOR
V
ISAS
U
NDER
A
UTHORITY
.—Section 4(c) of such Act (8 U.S.C. 1153 note)
is amended by striking ‘‘750’’ and inserting ‘‘950’’.
22 USC
2349bb–2a note.
22 USC
2349bb–3,
2349bb–4.
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116 STAT. 1437PUBLIC LAW 107–228—SEPT. 30, 2002
(c) L
IMITATION ON
E
LIGIBILITY
.—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) C
ONSULTATION
R
EQUIREMENT
.—The Attorney General shall
consult with the Secretary, the Secretary of Defense, the Secretary
of Energy, and the heads of other appropriate agencies of the
United States regarding—
(1) previous experience in implementing the Soviet 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) F
INDINGS
.—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.
8 USC 1153 note.
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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) A
UTHORIZATION OF
A
PPROPRIATIONS
.—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) R
EPORTS ON
P
ROLIFERATION TO
I
RAN
.—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) C
ONTENT OF
R
EPORTS
.—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) D
ETERMINATION
E
XEMPTING
F
OREIGN
P
ERSONS
F
ROM
C
ER
-
TAIN
M
EASURES
U
NDER THE
A
CT
.—Section 5(a)(2) of such Act is
amended by striking ‘‘systems’’ and inserting ‘‘systems, or weapons
listed on the Wassenaar Arrangement Munitions List of July 12,
1996, or any subsequent revision of that list’’.
SEC. 1307. AMENDMENTS TO THE NORTH KOREA THREAT REDUCTION
ACT OF 1999.
(a) R
ESTRICTIONS
.—Section 822(a) of the North Korea Threat
Reduction Act of 1999 (subtitle B of title VIII of division A of
H.R. 3427, as enacted into law by section 1000(a)(7) of Public
Law 106–113; appendix G; 113 Stat. 1501A–472) is amended by
striking ‘‘nuclear material, facilities, components, or other goods,
services, or technology that would be subject to such agreement,’’
each of the two places it appears and inserting ‘‘specified nuclear
item,’’.
50 USC 1701
note.
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116 STAT. 1439PUBLIC LAW 107–228—SEPT. 30, 2002
(b) S
PECIFIED
N
UCLEAR
I
TEM
D
EFINED
.—Section 823 of the
North Korea Threat Reduction Act of 1999 is amended by inserting
at the end the following:
‘‘(5) S
PECIFIED NUCLEAR ITEM
.—The term ‘specified nuclear
item’ includes—
‘‘(A) nuclear material, facilities, components, or other
goods, services, or technology the transfer of which to North
Korea would be required by the Atomic Energy Act of
1954 to be subject to an agreement for cooperation, as
defined in section 11 b. of that Act (42 U.S.C. 2014 b.),
between the United States and North Korea; and
‘‘(B) components that are listed on Annex A or Annex
B to the Nuclear Suppliers Group Guidelines for the Export
of Nuclear Material, Equipment and Technology (published
by the International Atomic Energy Agency as Information
Circular INFCIRC/254/Rev. 5/Part 1, or any subsequent
revision thereof).’’.
SEC. 1308. ANNUAL REPORTS ON THE PROLIFERATION OF MISSILES
AND ESSENTIAL COMPONENTS OF NUCLEAR,
BIOLOGICAL, CHEMICAL, AND RADIOLOGICAL WEAPONS.
(a) R
EPORT
.—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) M
ATTERS
T
O
B
E
I
NCLUDED
.—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) C
ONTENT OF
R
EPORT
.—Each such report shall include the
following with respect to preceding calendar year:
(1) The status of missile, aircraft, and other NBC weapons
delivery and weaponization programs in any such country,
including efforts by such country or by any subnational group
to acquire MTCR-controlled equipment, NBC-capable aircraft,
or any other weapon or major weapon component which may
Deadline.
President.
50 USC 2368.
113 Stat.
1501A–473.
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116 STAT. 1440 PUBLIC LAW 107–228—SEPT. 30, 2002
be utilized in the delivery of NBC weapons, whose primary
use is the delivery of NBC weapons, or that the Secretary
or the Secretary of Defense has reason to believe could be
used to deliver NBC weapons.
(2) The status of NBC weapons development, acquisition,
manufacture, stockpiling, and deployment programs in any such
country, including efforts by such country or by any subnational
group to acquire essential test equipment, manufacturing 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
11B(b)(4) of the Export Administration Act of 1979 (50 U.S.C.
App. 2401b(b)(4)) and under section 73(d) of the Arms Export
Control Act (22 U.S.C. 2797b(d)).
(9) An explanation of United States policy regarding the
transfer of MTCR equipment or technology to foreign missile
programs, including programs involving launches of space
vehicles.
(10) A description of each transfer by any person or 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) E
XCLUSIONS
.—The countries excluded under subsection (a)
are Australia, Belgium, Canada, the Czech Republic, Denmark,
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116 STAT. 1441PUBLIC LAW 107–228—SEPT. 30, 2002
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) C
LASSIFICATION OF
R
EPORT
.—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) D
EFINITIONS
.—In this section:
(1) D
ESIGNATED 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) M
ISSILE
;
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) P
ERSON
.—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) W
EAPONIZE
;
WEAPONIZATION
.—The term ‘‘weaponize’’ or
‘‘weaponization’’ means to incorporate into, or the incorporation
into, usable ordnance or other militarily useful means of
delivery.
(g) R
EPEALS
.—
(1) I
N 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).
(D) Paragraph (d) of section 585 of the Foreign Oper-
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).
(2) C
ONFORMING AMENDMENTS
.—Section 585 of the Foreign
Operations, Export Financing, and Related Programs Appro-
priations Act, 1997, is amended—
(A) in paragraph (b), by adding ‘‘and’’ at the end;
and
(B) in paragraph (c), by striking ‘‘; and’’ and inserting
a period.
SEC. 1309. THREE-YEAR INTERNATIONAL ARMS CONTROL AND NON-
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
Deadline.
22 USC 2656
note.
22 USC 2656
note.
50 USC 1701
note.
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116 STAT. 1442 PUBLIC LAW 107–228—SEPT. 30, 2002
appropriate congressional committees a 3-year international arms
control and nonproliferation strategy. The strategy shall contain
the following:
(1) A 3-year plan for the reduction of existing nuclear,
chemical, and biological weapons and ballistic missiles and
for controlling the proliferation of these weapons.
(2) Identification of the goals and objectives of the United
States with respect to arms control and nonproliferation of
weapons of mass destruction and their delivery systems.
(3) A description of the programs, projects, and activities
of the Department of State intended to accomplish goals and
objectives described in paragraph (2).
Subtitle B—Russian Federation Debt
Reduction for Nonproliferation
SEC. 1311. SHORT TITLE.
This subtitle may be cited as the ‘‘Russian Federation Debt
for Nonproliferation Act of 2002’’.
SEC. 1312. FINDINGS AND PURPOSES.
(a) F
INDINGS
.—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
22 USC 5952
note.
22 USC 5952
note.
Russian
Federation Debt
for
Nonproliferation
Act of 2002.
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116 STAT. 1443PUBLIC LAW 107–228—SEPT. 30, 2002
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-
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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) P
URPOSES
.—The purposes of this subtitle are—
(1) to facilitate the accomplishment of the United States
objectives described in the findings set forth in subsection (a)
by providing for the use of a portion of the Russian Federation’s
foreign debt to fund nonproliferation programs, thus allowing
the use of additional resources for these purposes; and
(2) to help ensure that the resources made available to
the Russian Federation are targeted to the accomplishment
of the United States objectives described in the findings set
forth in subsection (a).
SEC. 1313. DEFINITIONS.
In this subtitle:
(1) A
PPROPRIATE 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) C
OST
.—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) R
USSIAN FEDERATION NONPROLIFERATION INVESTMENT
AGREEMENT OR AGREEMENT
.—The term ‘‘Russian Federation
Nonproliferation Investment Agreement’’ or ‘‘Agreement’’ means
the agreement between the United States and the Russian
Federation entered into under section 1315(a).
(4) S
OVIET
-
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) S
TATE SPONSOR OF INTERNATIONAL TERRORISM
.—The
term ‘‘state sponsor of international terrorism’’ means those
countries that have been determined by the Secretary of State,
for the purposes of section 40 of the Arms Export Control
Act, section 620A of the Foreign Assistance Act of 1961, or
section 6(j) of the Export Administration Act of 1979, to have
repeatedly provided support for acts of international terrorism.
SEC. 1314. AUTHORITY TO REDUCE THE RUSSIAN FEDERATION’S
SOVIET-ERA DEBT OBLIGATIONS TO THE UNITED STATES.
(a) A
UTHORITY
T
O
R
EDUCE
D
EBT
.—
(1) I
N 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) L
IMITATION
.—The authority provided by paragraph (1)
shall be available only to the extent that appropriations for
the cost (as defined in section 502(5) of the Federal Credit
22 USC 5952
note.
22 USC 5952
note.
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116 STAT. 1445PUBLIC LAW 107–228—SEPT. 30, 2002
Reform Act of 1990) of reducing any debt pursuant to such
subsection are made in advance.
(3) S
UPERSEDES 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) I
MPLEMENTATION
.—
(1) D
ELEGATION OF AUTHORITY
.—The President may dele-
gate any authority conferred upon the President in this subtitle
to the Secretary of State.
(2) E
STABLISHMENT OF TERMS AND CONDITIONS
.—Consistent
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) I
MPLEMENTATION
.—In exercising the authority of sub-
section (a), the President—
(A) shall notify—
(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) D
EPOSIT 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 repayments of the original
obligations.
(5) N
OT 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) A
UTHORIZATION OF
A
PPROPRIATION
.—
(1) I
N 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) A
VAILABILITY OF FUNDS
.—Amounts appropriated pursu-
ant to paragraph (1) are authorized to remain available until
expended.
SEC. 1315. RUSSIAN FEDERATION NONPROLIFERATION INVESTMENT
AGREEMENT.
(a) I
N
G
ENERAL
.—
(1) I
N GENERAL
.—The President is authorized to enter into
an agreement with the Russian Federation under which an
amount equal to the value of the debt reduced pursuant to
22 USC 5952
note.
Notification.
President.
President.
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116 STAT. 1446 PUBLIC LAW 107–228—SEPT. 30, 2002
section 1314 will be used to promote the nonproliferation of
weapons of mass destruction and the means of delivering such
weapons. An agreement entered into under this section may
be referred to as the ‘‘Russian Federation Nonproliferation
Investment Agreement’’.
(2) C
ONGRESSIONAL 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) C
ONTENT OF THE
A
GREEMENT
.—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) U
SE OF
E
XISTING
M
ECHANISMS
.—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) J
OINT
A
UDITING
.—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) S
TRUCTURE OF THE
A
GREEMENT
.—It is the sense of Congress
that the Agreement should provide for significant penalties—
(1) if funds obligated for approved programs or projects
are determined to have been misappropriated; and
(2) if the President is unable to make the certification
required by section 1317(a) for two consecutive years.
President.
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116 STAT. 1447PUBLIC LAW 107–228—SEPT. 30, 2002
SEC. 1316. INDEPENDENT MEDIA AND THE RULE OF LAW.
Notwithstanding section 1315 (a)(1) and (b)(1), up to 10 percent
of the amount equal to the value of the debt reduced pursuant
to this subtitle may be used to promote a vibrant, independent
media sector and the rule of law in the Russian Federation through
an endowment to support the establishment of a ‘‘Center for an
Independent Press and the Rule of Law’’ in the Russian Federation,
which shall be directed by a joint United States-Russian Board
of Directors in which the majority of members, including the 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.
(a) P
ROLIFERATION TO
S
TATE
S
PONSORS OF
T
ERRORISM
.—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) A
NNUAL
D
ETERMINATION
.—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) P
RESIDENTIAL
W
AIVER
.—The President may waive the
requirements of subsection (a) or (b) for a fiscal year if the
President—
(1) determines that application of the subsection for a fiscal
year would be counter to the national interest of the United
States; and
(2) so reports to the appropriate congressional committees.
SEC. 1318. DISCUSSION OF RUSSIAN FEDERATION DEBT REDUCTION
FOR NONPROLIFERATION WITH OTHER CREDITOR
STATES.
It is the sense of Congress that the President and such other
appropriate officials as the President may designate should pursue
discussions with other creditor states with the objectives of—
(1) ensuring that other advanced industrial democracies,
especially the largest holders of Soviet-era Russian debt, 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.
22 USC 5952
note.
22 USC 5952
note.
22 USC 5952
note.
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116 STAT. 1448 PUBLIC LAW 107–228—SEPT. 30, 2002
SEC. 1319. IMPLEMENTATION OF UNITED STATES POLICY.
It is the sense of Congress that implementation of debt-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. 1321. ANNUAL REPORTS TO CONGRESS.
Not later than December 31, 2003, and not later than December
31 of each year thereafter, the President shall prepare and transmit
to Congress a report concerning actions taken to implement this
subtitle during the fiscal year preceding the fiscal year in which
the report is transmitted. The report on a fiscal year shall include—
(1) a description of the activities undertaken pursuant to
this subtitle during the fiscal year;
(2) a description of the nature and amounts of the loans
reduced pursuant to this subtitle during the fiscal year;
(3) a description of any agreement entered into under this
subtitle;
(4) a description of the progress during the fiscal year
of any projects funded pursuant to this subtitle;
(5) a summary of the results of relevant audits performed
in the fiscal year; and
(6) a certification, if appropriate, that the Russian 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
50 USC 2357.
50 USC 2301
note.
Nonproliferation
Assistance
Coordination Act
of 2002.
Deadlines.
President.
22 USC 5952
note.
President.
22 USC 5952
note.
22 USC 5952
note.
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116 STAT. 1449PUBLIC LAW 107–228—SEPT. 30, 2002
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) I
NDEPENDENT
S
TATES OF THE
F
ORMER
S
OVIET
U
NION
.—
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) A
PPROPRIATE
C
OMMITTEES OF
C
ONGRESS
.—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) I
N
G
ENERAL
.—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) M
EMBERSHIP
.—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) L
EVEL OF
R
EPRESENTATION
.—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) C
HAIR
.—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.
President.
50 USC 2357b.
50 USC 2357a.
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116 STAT. 1450 PUBLIC LAW 107–228—SEPT. 30, 2002
SEC. 1335. PURPOSES AND AUTHORITY.
(a) P
URPOSES
.—
(1) I
N 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) P
ROGRAM 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) A
UTHORITY
.—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.
50 USC 2357c.
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116 STAT. 1451PUBLIC LAW 107–228—SEPT. 30, 2002
SEC. 1336. ADMINISTRATIVE SUPPORT.
All United States departments and agencies shall provide, to
the extent permitted by law, such information and assistance as
may be requested by the coordination mechanism established pursu-
ant to section 1334 of this Act, in carrying out its functions and
activities under this subtitle.
SEC. 1337. CONFIDENTIALITY OF INFORMATION.
Information which has been submitted to or received by the
coordination mechanism established pursuant to section 1334 of
this Act in confidence shall not be publicly disclosed, except to
the extent required by law, and such information shall be used
by it only for the purpose of carrying out the functions set forth
in this subtitle.
SEC. 1338. STATUTORY CONSTRUCTION.
Nothing in this subtitle—
(1) applies to the data-gathering, regulatory, or enforcement
authority of any existing United States department or agency
over nonproliferation efforts in the independent states of the
former Soviet Union, and the review of those efforts undertaken
by the coordination mechanism established pursuant to section
1334 of this Act shall not in any way supersede or prejudice
any other process provided by law; or
(2) applies to any activity that is reportable pursuant to
title V of the National Security Act of 1947 (50 U.S.C. 413
et seq.).
SEC. 1339. REPORTING AND CONSULTATION.
(a) P
RESIDENTIAL
R
EPORT
.—Not later than 120 days after each
inauguration of a President, the President shall submit a report
to the Congress on his general and specific nonproliferation and
threat reduction objectives and how the efforts of executive branch
agencies will be coordinated most effectively, pursuant to section
1334 of this Act, to achieve those objectives.
(b) C
ONSULTATION
.—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. 1341. SHORT TITLE.
This subtitle may be cited as the ‘‘Iran Nuclear Proliferation
Prevention Act of 2002’’.
SEC. 1342. WITHHOLDING OF VOLUNTARY CONTRIBUTIONS TO THE
INTERNATIONAL ATOMIC ENERGY AGENCY FOR 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
22 USC 2021
note.
Iran Nuclear
Proliferation
Prevention Act of
2002.
Deadline.
50 USC 2357g.
50 USC 2357f.
50 USC 2357e.
50 USC 2357d.
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116 STAT. 1452 PUBLIC LAW 107–228—SEPT. 30, 2002
nonproliferation and safety goals, will provide Iran with training
or expertise relevant to the development of nuclear weapons, or
are being used as a cover for the acquisition of sensitive nuclear
technology, the limitations of subsection (a) shall apply to such
programs and projects, and the Secretary of State shall so notify
the appropriate congressional committees (as defined in section
3 of the Foreign Relations Authorization Act, Fiscal Year 2003).
‘‘(2) A determination made by the Secretary of State under
paragraph (1) shall be effective for the 1-year period beginning
on the date of the determination.’’.
SEC. 1343. ANNUAL REVIEW BY SECRETARY OF STATE OF PROGRAMS
AND PROJECTS OF THE INTERNATIONAL ATOMIC
ENERGY AGENCY; UNITED STATES OPPOSITION TO CER-
TAIN PROGRAMS AND PROJECTS OF THE AGENCY.
(a) A
NNUAL
R
EVIEW
.—
(1) I
N 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) R
EPORT
.—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) O
PPOSITION
T
O
C
ERTAIN
P
ROGRAMS AND
P
ROJECTS OF
I
NTER
-
NATIONAL
A
TOMIC
E
NERGY
A
GENCY
.—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) I
N
G
ENERAL
.—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.
Deadline.
22 USC 2021
note.
Deadline.
22 USC 2027.
Effective date.
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116 STAT. 1453PUBLIC LAW 107–228—SEPT. 30, 2002
(b) A
DDITIONAL
R
EQUIREMENT
.—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) F
UNDING
.—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) A
SSIGNMENT OF
L
ICENSE
R
EVIEW
O
FFICERS
.—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) D
ETAILEES
.—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) O
BJECTIVE
.—The Secretary shall establish a secure, Inter-
net-based system for the filing and review of applications for export
of Munitions List items.
(b) E
STABLISHMENT OF AN
E
LECTRONIC
S
YSTEM
.—Of the amount
made available pursuant to section 1402 of this Act, $3,000,000
is authorized to be available to fully automate the Defense Trade
Application System, and to ensure that the system—
(1) is a secure, electronic system for the filing and review
of Munitions List license applications;
(2) is accessible by United States companies through the
Internet for the purpose of filing and tracking their Munitions
List license applications; and
(3) is capable of exchanging data with—
(A) the Export Control Automated Support System of
the Department of Commerce;
(B) the Foreign Disclosure and Technology Information
System and the USXPORTS systems of the Department
of Defense;
Internet.
Records.
22 USC 2778
note.
Effective date.
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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) M
UNITIONS
L
IST
D
EFINED
.—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.
(a) C
ONTRIBUTION TO THE
A
UTOMATED
E
XPORT
S
YSTEM
.—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.
(b) M
ANDATORY
F
ILING
.—The Secretary of Commerce, with the
concurrence of the Secretary of State and the Secretary of Treasury,
shall publish regulations in the Federal Register to require, upon
the effective date of those regulations, that all persons who are
required to file export information under chapter 9 of title 13,
United States Code, file such information through the Automated
Export System.
(c) R
EQUIREMENT FOR
I
NFORMATION
S
HARING
.—The Secretary
shall conclude an information-sharing arrangement with the heads
of the United States Customs Service and the Census Bureau—
(1) to allow the Department to access information on 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) S
ECRETARY OF
T
REASURY
F
UNCTIONS
.—Section 303 of title
13, United States Code, is amended by striking ‘‘, other than by
mail,’’.
(e) F
ILING
E
XPORT
I
NFORMATION
, D
ELAYED
F
ILINGS
, P
ENALTIES
FOR
F
AILURE
T
O
F
ILE
.—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
13 USC 301 note.
Regulations.
Federal Register,
publication.
13 USC 301 note.
13 USC 301 note.
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116 STAT. 1455PUBLIC LAW 107–228—SEPT. 30, 2002
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) A
DDITIONAL
P
ENALTIES
.—
(1) I
N 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) C
RIMINAL
P
ENALTIES
.—
‘‘(1) F
AILURE 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) F
URTHERANCE 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) F
ORFEITURE 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) C
IVIL
P
ENALTIES
.—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) C
IVIL
P
ENALTY
P
ROCEDURE
.—
‘‘(1) I
N 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) C
OMMENCEMENT 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
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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) R
EMISSION 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) A
PPLICABLE 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) D
EPOSIT 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) E
NFORCEMENT
.—
‘‘(1) B
Y 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) B
Y 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) R
EGULATIONS
.—The Secretary of Commerce shall promul-
gate regulations for the implementation and enforcement of this
section.
‘‘(f) E
XEMPTION
.—The criminal fines provided for in this section
are exempt from the provisions of section 3571 of title 18, United
States Code.’’.
(2) C
LERICAL 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) I
N
G
ENERAL
.—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
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116 STAT. 1457PUBLIC LAW 107–228—SEPT. 30, 2002
(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))—
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116 STAT. 1458 PUBLIC LAW 107–228—SEPT. 30, 2002
(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 of—
‘‘(A) major defense equipment valued (in terms of its
replacement cost less any depreciation in its value) at
$25,000,000 or more; or
‘‘(B) defense articles valued (in terms of their replacement
cost less any depreciation in their value) at $100,000,000 or
more.’’; and
(4) in section 47 (22 U.S.C. 2794), as amended by section
1202(b) of this Act—
(A) by striking ‘‘and’’ at the end of paragraph (9);
(B) by striking the period at the end of paragraph
(10) and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(11) ‘Sales territory’ means a country or group of countries
to which a defense article or defense service is authorized
to be reexported.’’.
(b) L
ICENSES FOR
E
XPORTS TO
I
NDIA AND
P
AKISTAN
.—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
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;
Deadline.
22 USC
2799aa–1 note.
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116 STAT. 1459PUBLIC LAW 107–228—SEPT. 30, 2002
(2) the number of out-years considered in the strategy;
(3) a description of the actions taken to include the pro-
grams listed in section 501(c) of the Security Assistance Act
of 2000 (22 U.S.C. 2305(c)), as well as similar programs of
military training or other assistance to the military or security
forces of a foreign country;
(4) a description of how a national security assistance
strategy is being implemented regarding specific countries;
(5) a description of any programmatic changes adopted
or expected as a result of adopting a strategic approach to
security assistance policymaking;
(6) a description of any obstacles encountered in 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) U
TILIZATION
.—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
of 2000 (22 U.S.C. 2305).
(b) F
UNDING
.—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) U
NITED
S
TATES
P
OLICY
.—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.
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116 STAT. 1460 PUBLIC LAW 107–228—SEPT. 30, 2002
(7) Establishment of a modern, effective system to control
the export of sensitive dual-use items, technology, technical
information, and materiel that can be used in the design,
development, or production of weapons of mass destruction
and ballistic missiles.
(8) Conduct of bilateral meetings between Indian and Paki-
stani senior officials to discuss security issues and establish
confidence-building measures with respect to nuclear policies
and programs.
(b) F
URTHER
U
NITED
S
TATES
P
OLICY
.—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) R
EPORT
.—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-
PROLIFERATION ORGANIZATIONS.
(a) I
N
G
ENERAL
.—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) R
EPORT
R
EQUIRED
.—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) P
URPOSE
.—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
22 USC 2655b.
Deadline.
42 USC 7704
note.
Deadline.
President.
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116 STAT. 1461PUBLIC LAW 107–228—SEPT. 30, 2002
(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) A
UTHORITY
.—To carry out the purposes of subsection (a),
the Secretary is authorized to establish the position of Counselor
for Nonproliferation and Political Military Affairs in United States
diplomatic missions overseas, to be filled by individuals who are
career Civil Service officers or Foreign Service officers committed
to follow-on assignments in the Nonproliferation Bureau or the
Political Military Affairs Bureau of the Department.
(c) T
RAINING
.—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) F
INDINGS
.—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
Government
organization.
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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.
(b) E
STABLISHMENT OF
N
ON
-G
OVERNMENTAL
D
ESIGNATED
L
AB
-
ORATORY
.—
(1) R
EPORT
.—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) D
IRECTIVE
.—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) D
ELEGATION
.—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) D
EFINITIONS
.—In this section:
(1) C
HEMICAL WEAPONS CONVENTION OR CONVENTION
.—The
term ‘‘Chemical Weapons Convention’’ or ‘‘Convention’’ means
the Convention on the Prohibition of Development, Production,
Stockpiling and Use of Chemical Weapons and on Their
Destruction, Opened for Signature and Signed by the United
States at Paris on January 13, 1993, including the following
protocols and memorandum of understanding:
(A) The Annex on Chemicals.
(B) The Annex on Implementation and Verification.
(C) The Annex on the Protection of Confidential
Information.
(D) The Resolution Establishing the Preparatory
Commission for the Organization for the Prohibition of
Chemical Weapons.
(E) The Text on the Establishment of a Preparatory
Commission.
(2) OPCW.—The term ‘‘OPCW’’ means the Organization
for the Prohibition of Chemical Weapons established under
the Convention.
Deadlines.
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116 STAT. 1463PUBLIC LAW 107–228—SEPT. 30, 2002
TITLE XVII—AUTHORITY TO TRANSFER
NAVAL VESSELS
SEC. 1701. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN
FOREIGN COUNTRIES.
(a) T
RANSFERS BY
G
RANT
.—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) P
OLAND
.—To the Government of Poland, the OLIVER
HAZARD PERRY class guided missile frigate WADSWORTH
(FFG 9).
(2) T
URKEY
.—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) T
RANSFERS BY
S
ALE
.—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) M
EXICO
.—To the Government of Mexico, the NEWPORT
class tank landing ship FREDERICK (LST 1184).
(2) T
AIWAN
.—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) T
URKEY
.—To the Government of Turkey, the OLIVER
HAZARD PERRY class guided missile frigates ESTOCIN (FFG
15) and SAMUEL ELIOT MORISON (FFG 13).
(c) G
RANTS
N
OT
C
OUNTED IN
A
NNUAL
T
OTAL OF
T
RANSFERRED
E
XCESS
D
EFENSE
A
RTICLES
.—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) C
OSTS OF
T
RANSFERS ON
G
RANT
B
ASIS
.—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)(1))) in the case of a transfer authorized to
be made on a grant basis under subsection (a).
(e) W
AIVER
A
UTHORITY
.—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) R
EPAIR AND
R
EFURBISHMENT IN
U
NITED
S
TATES
S
HIP
-
YARDS
.—To the maximum extent practicable, the President shall
require, as a condition of the transfer of a vessel under this section,
that the country to which the vessel is transferred have such
repair or refurbishment of the vessel as is needed, before the
President.
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116 STAT. 1464 PUBLIC LAW 107–228—SEPT. 30, 2002
LEGISLATIVE HISTORY—H.R. 1646 (S. 1401):
HOUSE REPORTS: Nos. 107–57 (Comm. on International Relations) and 107–671
(Comm. of Conference).
SENATE REPORTS: No. 107–60 accompanying S. 1401 (Comm. on Foreign 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.
Æ
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) E
XPIRATION OF
A
UTHORITY
.—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.
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