[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1803 Referred in House (RFH)]
2d Session
S. 1803
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 23, 2002
Referred to the Committee on International Relations
_______________________________________________________________________
AN ACT
To authorize appropriations under the Arms Export Control Act and the
Foreign Assistance Act of 1961 for security assistance for fiscal years
2002 and 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Security
Assistance Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--VERIFICATION OF ARMS CONTROL AND NONPROLIFERATION AGREEMENTS
Sec. 101. Verification and Compliance Bureau personnel.
Sec. 102. Key Verification Assets Fund.
Sec. 103. Revised verification and compliance reporting requirements.
TITLE II--MILITARY AND RELATED ASSISTANCE
Subtitle A--Foreign Military Sales and Financing Authorities
Sec. 201. Authorization of appropriations.
Sec. 202. Relationship of foreign military sales to United States
nonproliferation interests.
Sec. 203. Special Defense Acquisition Fund for nonproliferation and
counter-narcotics purposes.
Sec. 204. Representation allowances.
Sec. 205. Arms Export Control Act prohibition on transactions with
countries that have repeatedly provided
support for acts of international
terrorism.
Sec. 206. Congressional notification of small arms and light weapons
license approvals; annual reports.
Subtitle B--International Military Education and Training
Sec. 211. Authorization of appropriations.
Sec. 212. Annual human rights reports.
Subtitle C--Security Assistance for Select Countries
Sec. 221. Security assistance for Israel and Egypt.
Sec. 222. Security assistance for Greece and Turkey.
Sec. 223. Security assistance for certain other countries.
Subtitle D--Excess Defense Article and Drawdown Authorities
Sec. 231. Excess defense articles for certain countries.
Sec. 232. Annual briefing on projected availability of excess defense
articles.
Sec. 233. Expanded drawdown authority.
Sec. 234. Duration of security assistance leases.
Subtitle E--Other Political-Military Assistance
Sec. 241. Destruction of surplus weapons stockpiles.
Sec. 242. Identification of funds for demining programs.
Subtitle F--Antiterrorism Assistance
Sec. 251. Authorization of appropriations.
Sec. 252. Specific program objectives.
Subtitle G--Other Matters
Sec. 261. Revised military assistance reporting requirements.
TITLE III--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
Subtitle A--General Provisions
Sec. 301. Authorization of appropriations.
Sec. 302. Joint State Department-Defense Department programs.
Sec. 303. Nonproliferation technology acquisition programs for friendly
foreign countries.
Sec. 304. International nonproliferation and export control training.
Sec. 305. Relocation of scientists.
Sec. 306. Audits of the International Science and Technology Centers
Program.
Sec. 307. International Atomic Energy Agency regular budget
assessments.
Sec. 308. Revised nonproliferation reporting requirements.
Subtitle B--Russian Federation Debt Reduction for Nonproliferation
Sec. 311. Short title.
Sec. 312. Findings and purposes.
Sec. 313. Definitions.
Sec. 314. Establishment of the Russian Nonproliferation Investment
Facility.
Sec. 315. Reduction of the Russian Federation's Soviet-era debt owed to
the United States, generally.
Sec. 316. Reduction of Soviet-era debt owed to the United States as a
result of credits extended under title I of
the Agricultural Trade Development and
Assistance Act of 1954.
Sec. 317. Authority to engage in debt-for-nonproliferation exchanges
and debt buybacks.
Sec. 318. Russian Nonproliferation Investment Agreement.
Sec. 319. Structure of debt-for-nonproliferation arrangements.
Sec. 320. Independent media and the rule of law.
Sec. 321. Nonproliferation requirement.
Sec. 322. Discussion of Russian Federation debt reduction for
nonproliferation with other creditor
states.
Sec. 323. Implementation of United States policy.
Sec. 324. Consultations with Congress.
Sec. 325. Annual report to Congress.
Subtitle C--Nonproliferation Assistance Coordination
Sec. 331. Short title.
Sec. 332. Findings.
Sec. 333. Independent states of the former Soviet Union defined.
Sec. 334. Establishment of Committee on Nonproliferation Assistance to
the Independent States of the Former Soviet
Union.
Sec. 335. Duties of the Committee.
Sec. 336. Administrative support.
Sec. 337. Confidentiality of information.
Sec. 338. Statutory construction.
TITLE IV--EXPEDITING THE MUNITIONS LICENSING PROCESS
Sec. 401. License officer staffing.
Sec. 402. Funding for database automation.
Sec. 403. Information management priorities.
Sec. 404. Improvements to the Automated Export System.
Sec. 405. Adjustment of threshold amounts for congressional review
purposes.
Sec. 406. Periodic notification of pending applications for export
licenses.
TITLE V--NATIONAL SECURITY ASSISTANCE STRATEGY
Sec. 501. Establishment of the Strategy.
Sec. 502. Security assistance surveys.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Nuclear and missile nonproliferation in South Asia.
Sec. 602. Real-time public availability of raw seismological data.
Sec. 603. Detailing United States governmental personnel to
international arms control and
nonproliferation organizations.
Sec. 604. Diplomatic presence overseas.
Sec. 605. Protection against agricultural bioterrorism.
Sec. 606. Compliance with the Chemical Weapons Convention.
TITLE VII--AUTHORITY TO TRANSFER NAVAL VESSELS
Sec. 701. Authority to transfer naval vessels to certain foreign
countries.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(2) Defense article.--The term ``defense article'' has the
meaning given the term in section 47(3) of the Arms Export
Control Act (22 U.S.C. 2794 note).
(3) Defense service.--The term ``defense service'' has the
meaning given the term in section 47(4) of the Arms Export
Control Act (22 U.S.C. 2794 note).
(4) Excess defense article.--The term ``excess defense
article'' has the meaning given the term in section 644(g) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2403(g)).
(5) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of State.
TITLE I--VERIFICATION OF ARMS CONTROL AND NONPROLIFERATION AGREEMENTS
SEC. 101. VERIFICATION AND COMPLIANCE BUREAU PERSONNEL.
(a) In General.--Of the total amounts made available to the
Department of State for fiscal years 2002 and 2003, not less than
$14,000,000 each such fiscal year shall be provided to the Bureau of
Verification and Compliance of the Department of State for Bureau-
administered activities, including the Key Verification Assets Fund.
(b) Additional Personnel.--In addition to the amounts made
available under subsection (a), not less than $1,800,000 shall be made
available from the Department's American Salaries 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.
SEC. 102. KEY VERIFICATION ASSETS FUND.
Of the total amounts made available to the Department of State for
fiscal years 2002 and 2003, not less than $7,000,000 shall be made
available within the Verification and Compliance Bureau's account for
each such fiscal year 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. 103. 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''.
TITLE II--MILITARY AND RELATED ASSISTANCE
Subtitle A--Foreign Military Sales and Financing Authorities
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There are 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
$3,674,000,000 for fiscal year 2002 and $4,267,000,000 for fiscal year
2003.
SEC. 202. RELATIONSHIP OF FOREIGN MILITARY SALES TO UNITED STATES
NONPROLIFERATION INTERESTS.
(a) Authorized Purposes.--The first sentence of section 4 of the
Arms Export Control Act (22 U.S.C. 2754) is amended by inserting ``for
preventing or hindering the proliferation of weapons of mass
destruction and of the means of delivering such weapons,'' after
``self-defense,''.
(b) Definition of ``Weapons of Mass Destruction''.--Section 47 of
the Arms Export Control Act (22 U.S.C. 2794) is amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(10) `weapons of mass destruction' has the meaning
provided 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)).''.
(c) Sense of Congress.--It is the sense of Congress that the
Secretary should ensure, in circumstances where the sale of defense
articles or defense services to a friendly country would serve the
nonproliferation interests of the United States, but that country
cannot afford to purchase such defense articles or defense services,
that grant assistance is provided pursuant to section 23 of the Arms
Export Control Act to facilitate such acquisition.
SEC. 203. SPECIAL DEFENSE ACQUISITION FUND FOR NONPROLIFERATION AND
COUNTER-NARCOTICS PURPOSES.
(a) Establishment.--Notwithstanding any other provision of law, the
President shall direct that the Special Defense Acquisition Fund be
established pursuant to section 51 of the Arms Export Control Act (22
U.S.C. 2795).
(b) Use of the Special Defense Acquisition Fund.--Section 51(a)(4)
of the Arms Export Control Act (22 U.S.C. 2795(a)(4)) is amended by
striking ``for use for'' and all that follows through ``equipment'' and
inserting the following: ``for use for--
``(A) narcotics control purposes and are
appropriate to the needs of recipient countries, such
as small boats, planes (including helicopters), and
communications equipment; and
``(B) nonproliferation and export control purposes,
such as nuclear, radiological, chemical, and biological
warfare materials detection equipment.''.
(c) Limitation.--Section 51(c) of the Arms Export Control Act (22
U.S.C. 2795(c)) is amended--
(1) in paragraph (1), by striking all after ``exceed''
through the period and inserting ``$200,000,000.''; and
(2) in paragraph (2), by striking ``provided'' and all that
follows through ``Acts'' and inserting ``specifically
authorized by law in advance''.
(d) Authorization.--For fiscal year 2003, not more than $20,000,000
may be made available for obligation for the procurement of items
pursuant to section 51 of the Arms Export Control Act.
SEC. 204. REPRESENTATION ALLOWANCES.
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. 205. ARMS EXPORT CONTROL ACT PROHIBITION ON TRANSACTIONS WITH
COUNTRIES THAT HAVE REPEATEDLY PROVIDED SUPPORT FOR ACTS
OF INTERNATIONAL TERRORISM.
The second sentence of section 40(d) of the Arms Export Control Act
(22 U.S.C. 2780(d)) is amended--
(1) by inserting ``or chemical, biological, or radiological
agents'' after ``nuclear explosive devices''; and
(2) by inserting ``or chemical, biological, or radiological
agents'' after ``nuclear material''.
SEC. 206. CONGRESSIONAL NOTIFICATION OF SMALL ARMS AND LIGHT WEAPONS
LICENSE APPROVALS; ANNUAL REPORTS.
(a) Congressional Notification of Export License Approvals.--
Section 36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)) is
amended by inserting ``(or, in the case of a defense article that is a
firearm controlled under category I of the United States Munitions
List, $1,000,000 or more)'' after ``$50,000,000 or more''.
(b) Report.--Not later than six months after the date of enactment
of this Act, and annually thereafter, the Secretary of State shall
submit an unclassified report to the appropriate congressional
committees on the numbers, range, and findings of end-use monitoring of
United States transfers in small arms and light weapons.
(c) Annual Military Assistance Reports.--Section 655(b)(3) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2415(b)(3)) is amended by
inserting before the period at the end the following: ``, including, in
the case of defense articles that are firearms controlled under
category I of the United States Munitions List, a statement of the
aggregate dollar value and quantity of semiautomatic assault weapons,
or related equipment, the manufacture, 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) Annual Report on Arms Brokering.--Not later than six months
after the date of enactment of this Act, and annually thereafter, the
Secretary of State shall submit a report to the appropriate committees
of Congress on activities of registered arms brokers, including
violations of the Arms Export Control Act.
(e) Annual Report on Investigations of the Bureau of Alcohol,
Tobacco and Firearms.--Not later than six months after the date of
enactment of this Act, and annually thereafter, the Secretary of the
Treasury shall submit a report to the appropriate committees of
Congress on investigations and other efforts undertaken by the Bureau
of Alcohol, Tobacco and Firearms (including cooperation with other
agencies) to stop United States-source weapons from being used in
terrorist acts and international crime.
Subtitle B--International Military Education and Training
SEC. 211. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the President
$75,000,000 for fiscal year 2002 and $85,290,000 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. 212. ANNUAL HUMAN RIGHTS REPORTS.
(a) With Respect to Prohibitions on Nonmilitary Assistance.--
Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d)) is amended by redesignating paragraphs (7) and (8) as
paragraphs (8) and (9), respectively, and by inserting after paragraph
(6) the following:
``(7) to the extent practicable, for any violation of
internationally recognized human rights reported under this
subsection, whether any foreign military or defense ministry
civilian participant in education and training activities under
chapter 5 of part II of this Act was involved;''.
(b) Records Regarding Foreign Participants.--Section 548 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347e) is amended--
(1) by striking ``In'' and inserting ``(a) Development and
Maintenance of Database.--In''; and
(2) by adding at the end the following new subsections:
``(b) Annual List of Foreign Personnel.--For the purposes of
preparing the report required pursuant to section 116(d), 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, containing the
names of foreign personnel or military units. To the extent
practicable, the Secretary of Defense shall provide, and the Secretary
of State may take into account, the information contained in the
database, if any, relating to the Secretary of State's submission.
``(c) Updating of Database.--If the Secretary of State determines
and reports to Congress under section 116(d) that a foreign person
identified in the database maintained pursuant to this section was
involved in a violation of internationally recognized human rights, the
Secretary of Defense shall ensure that the database is updated to
contain such fact and all relevant information.''.
Subtitle C--Security Assistance for Select Countries
SEC. 221. SECURITY ASSISTANCE FOR ISRAEL AND EGYPT.
(a) Authorization of Appropriations.--
(1) Israel.--Section 513 of the Security Assistance Act of
2000 (Public Law 106-280) is amended by striking ``2001 and
2002'' each place that it appears and inserting ``2002 and
2003''.
(2) Egypt.--Section 514 of the Security Assistance Act of
2000 (Public Law 106-280) is amended by striking ``2001 and
2002'' each place that it appears and inserting ``2002 and
2003''.
(b) Ballistic Missile Defense.--Of the amounts made available for
fiscal years 2002 and 2003 under section 513 of the Security Assistance
Act of 2000 (Public Law 106-280), as amended by subsection (a),
$100,000,000 may be used each such fiscal year for the establishment,
in cooperation with a United States company, of a production line for
the Arrow missile in the United States.
SEC. 222. SECURITY ASSISTANCE FOR GREECE AND TURKEY.
(a) In General.--Of the amounts made available for the fiscal years
2002 and 2003 to carry out chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.)--
(1) $1,000,000 for fiscal year 2002 and $1,170,000 for
fiscal year 2003 are authorized to be available for Greece; and
(2) $2,500,000 for fiscal year 2002 and $2,920,000 for
fiscal year 2003 are authorized to be available for Turkey.
(b) Use for Professional Military Education.--Of the amounts
available under paragraphs (1) and (2) of subsection (a) for each of
fiscal years 2002 and 2003, $500,000 of each such amount should be
available for purposes of professional military education.
(c) Use for Joint Training.--It is the sense of Congress that, to
the maximum extent practicable, amounts available under subsection (a)
that are used in accordance with subsection (b) should be used for
joint training of Greek and Turkish officers.
(d) Repeal.--Section 512 of the Security Assistance Act of 2000
(Public Law 106-280; 114 Stat. 856) is repealed.
SEC. 223. SECURITY ASSISTANCE FOR CERTAIN OTHER COUNTRIES.
(a) FMF for Certain Other Countries.--Of the amounts made available
for the fiscal years 2002 and 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 for the
fiscal years specified:
(1) The baltic states.--For all of the Baltic states of
Estonia, Latvia, and Lithuania, $21,000,000 for fiscal year
2002 and $24,400,000 for fiscal year 2003.
(2) Bulgaria.--For Bulgaria, $10,000,000 for fiscal year
2002 and $11,620,000 for fiscal year 2003.
(3) The czech republic.--For the Czech Republic,
$12,000,000 for fiscal year 2002 and $14,000,000 for fiscal
year 2003.
(4) Georgia.--For Georgia, $5,650,000 for fiscal year 2002
and $6,560,000 for fiscal year 2003.
(5) Hungary.--For Hungary, $12,000,000 for fiscal year 2002
and $14,000,000 for fiscal year 2003.
(6) Jordan.--For Jordan, $75,000,000 for fiscal year 2002
and $87,300,000 for fiscal year 2003.
(7) Malta.--For Malta, $1,000,000 for fiscal year 2002 and
$1,170,000 for fiscal year 2003.
(8) The philippines.--For the Philippines, $19,000,000 for
fiscal year 2002 and $22,100,000 for fiscal year 2003.
(9) Poland.--For Poland, $15,000,000 for fiscal year 2002
and $17,500,000 for fiscal year 2003.
(10) Romania.--For Romania, $11,500,000 for fiscal year
2002 and $13,400,000 for fiscal year 2003.
(11) Slovakia.-- For Slovakia, $8,500,000 for fiscal year
2002 and $9,900,000 for fiscal year 2003.
(12) Slovenia.--For Slovenia, $4,500,000 for fiscal year
2002 and $5,250,000 for fiscal year 2003.
(b) IMET.--Of the amounts made available for the fiscal years 2002
and 2003 to carry out chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq.), the following amounts are
authorized to be available for the following countries for the fiscal
years specified:
(1) The baltic states.--For all of the Baltic states of
Estonia, Latvia, and Lithuania, $3,000,000 for fiscal year 2002
and $3,420,000 for fiscal year 2003.
(2) Bulgaria.--For Bulgaria, $1,200,000 for fiscal year
2002 and $1,370,000 for fiscal year 2003.
(3) The czech republic.--For the Czech Republic, $1,800,000
for fiscal year 2002 and $2,050,000 for fiscal year 2003.
(4) Georgia.--For Georgia, $850,000 for fiscal year 2002
and $970,000 for fiscal year 2003.
(5) Hungary.--For Hungary, $1,800,000 for fiscal year 2002
and $2,050,000 for fiscal year 2003.
(6) Jordan.--For Jordan, $1,800,000 for fiscal year 2002
and $2,050,000 for fiscal year 2003.
(7) Malta.--For Malta, $300,000 for fiscal year 2002 and
$350,000 for fiscal year 2003.
(8) The philippines.--For the Philippines, $1,710,000 for
fiscal year 2002 and $2,000,000 for fiscal year 2003.
(9) Poland.--For Poland, $1,900,000 for fiscal year 2002
and $2,160,000 for fiscal year 2003.
(10) Romania.--For Romania, $1,400,000 for fiscal year 2002
and $1,600,000 for fiscal year 2003.
(11) Slovakia.--For Slovakia, $850,000 for fiscal year 2002
and $970,000 for fiscal year 2003.
(12) Slovenia.--For Slovenia, $800,000 for fiscal year 2002
and $910,000 for fiscal year 2003.
(c) Written Explanation of Presidential Determinations.--In the
event that the President determines not to provide, or determines to
exceed, the funding allocated for any country specified in this section
by an amount that is more than five percent of that specified in this
section, the President shall submit to the appropriate committees of
Congress within 15 days of such determination a written explanation of
the reasons therefor.
(d) Repeals.--Sections 511 (a) and (b) and 515 of the Security
Assistance Act of 2000 are repealed.
Subtitle D--Excess Defense Article and Drawdown Authorities
SEC. 231. EXCESS DEFENSE ARTICLES FOR CERTAIN COUNTRIES.
(a) Authority.--Notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e), during each of the fiscal
years 2002 and 2003, funds available to the Department of Defense may
be expended for crating, packing, handling, and transportation of
excess defense articles transferred under the authority of section 516
of such Act to Albania, Bulgaria, Croatia, Estonia, Former Yugoslavia
Republic of Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Latvia,
Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Slovenia,
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
(b) Sense of Congress.--The authority provided under this section
should be utilized only for those countries demonstrating a genuine
commitment to democracy and human rights.
SEC. 232. ANNUAL BRIEFING ON PROJECTED AVAILABILITY OF EXCESS DEFENSE
ARTICLES.
Not later than 90 days prior to the commencement of each fiscal
year, the Department of Defense shall brief the Department of State and
the appropriate committees of Congress regarding the expected
availability of excess defense articles during the next fiscal year,
for the purpose of enabling the Department of State to factor such
availability into annual security assistance plans.
SEC. 233. EXPANDED DRAWDOWN AUTHORITY.
Section 506(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2318(c)) is amended to read as follows:
``(c) For the purposes of any provision of law that authorizes the
drawdown of defense or other articles or commodities, or defense or
other services from an agency of the United States Government, such
drawdown may include the supply of commercial transportation and
related services and defense or other articles or commodities, or
defense or other services, that are acquired by contract for the
purposes of the drawdown in question, if the cost to acquire such items
or services is less than the cost to the United States Government of
providing such items or services from existing agency assets.''.
SEC. 234. DURATION OF SECURITY ASSISTANCE LEASES.
Section 61 of the Arms Export Control Act (22 U.S.C. 2796) is
amended--
(1) in subsection (b), by striking ``of not to exceed five
years'' and inserting ``that may not exceed 5 years, plus a
period of time specified in the lease as may be necessary for
major refurbishment work to be performed prior to final
delivery by the lessor of the defense articles,''; and
(2) by adding at the end the following new subsection:
``(d) In this section, the term `major refurbishment work' means
refurbishment work performed over a period estimated to be 6 months or
more.''.
Subtitle E--Other Political-Military Assistance
SEC. 241. DESTRUCTION OF SURPLUS WEAPONS STOCKPILES.
Of the funds authorized to be appropriated to the President for
fiscal years 2002 and 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 each such fiscal year for the destruction of surplus
stockpiles of small arms, light weapons, and other munitions.
SEC. 242. IDENTIFICATION OF FUNDS FOR DEMINING PROGRAMS.
Of the funds authorized to be appropriated under section 201 for
nonproliferation, antiterrorism, demining, and related programs,
$40,000,000 is authorized to be appropriated for fiscal year 2002 for
demining programs and program support costs.
Subtitle F--Antiterrorism Assistance
SEC. 251. AUTHORIZATION OF APPROPRIATIONS.
Section 574(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2349aa-4(a)) is amended by striking ``$72,000,000 for fiscal year 2001
and $73,000,000 for fiscal year 2002'' and inserting ``$73,000,000 for
fiscal year 2002 and $75,000,000 for fiscal year 2003''.
SEC. 252. SPECIFIC PROGRAM OBJECTIVES.
Of the amounts authorized to be appropriated to the President
pursuant to section 574(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2349aa-4(a)), $2,000,000 may be made available for the provision
of the Pisces system to the governments of the Philippines and
Pakistan.
Subtitle G--Other Matters
SEC. 261. REVISED MILITARY ASSISTANCE REPORTING REQUIREMENTS.
(a) Annual Foreign Military Training Reports.--Section 656(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2416) does not apply to
any NATO or major non-NATO ally unless the chairman or ranking member
of one of the appropriate committees of Congress has specifically
requested, in writing, inclusion of such country in the report. Such
request shall be made not later than 45 calendar days prior to the date
on which the report is required to be transmitted.
(b) Annual Military Assistance Reports.--Section 655 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2415) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(c) Quarterly Reports on Government-To-Government Arms Exports.--
Section 36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is
amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8), (9), (10), (11), (12),
and (13) as paragraphs (7), (8), (9), (10), (11), and (12),
respectively.
TITLE III--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
Subtitle A--General Provisions
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--Section 585 of the Foreign Assistance Act of
1961 (22 U.S.C. 2349bb-4) is amended--
(1) in subsection (a), by striking all after ``chapter''
and inserting ``$142,000,000 for fiscal year 2002 and
$152,000,000 for fiscal year 2003.''; and
(2) in subsection (c), by striking ``2001'' each place that
it appears and inserting ``2002''.
(b) Suballocations.--Of the amounts authorized to be appropriated
to the President for fiscal years 2002 and 2003 under chapter 9 of part
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb et seq.)--
(1) not less than $2,000,000 shall be made available each
such fiscal year for the purpose of carrying out section 584 of
the Foreign Assistance Act of 1961, as added by section 304 of
this Act; and
(2) $65,000,000 for fiscal year 2002 and $65,000,000 for
fiscal year 2003 are authorized to be appropriated for science
and technology centers in the independent states of the former
Soviet Union.
(c) Conforming Amendment.--Section 302 of the Security Assistance
Act of 2000 (Public Law 106-280) is repealed.
SEC. 302. JOINT STATE DEPARTMENT-DEFENSE DEPARTMENT PROGRAMS.
Of the amounts authorized to be appropriated to the President for
fiscal years 2002 and 2003 under chapter 9 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2349bb et seq.), the Secretary is
authorized to make available not more than $1,000,000 for international
counterproliferation programs administered by the Department of
Defense.
SEC. 303. NONPROLIFERATION TECHNOLOGY ACQUISITION PROGRAMS FOR FRIENDLY
FOREIGN COUNTRIES.
(a) In General.--For the purpose of enhancing the nonproliferation
and export control capabilities of friendly countries, of the amounts
authorized to be appropriated for fiscal years 2002 and 2003 under
chapter 9 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2349bb et seq.), the Secretary is authorized to expend not more than--
(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) Training Requirement.--The Secretary shall not provide any
equipment or technology pursuant to this section without having first
developed and budgeted for a multiyear training plan to assist foreign
personnel in the utilization of those items.
(c) Procurement Authorities.--For fiscal year 2003, the Secretary
shall utilize, to the maximum extent practicable, the Special Defense
Acquisition Fund for procurements authorized under this section.
SEC. 304. INTERNATIONAL NONPROLIFERATION AND EXPORT CONTROL TRAINING.
Chapter 9 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2349bb et seq.) is amended--
(1) by redesignating sections 584 and 585 as sections 585
and 586, respectively; and
(2) by inserting after section 583 the following:
``SEC. 584. INTERNATIONAL NONPROLIFERATION EXPORT CONTROL TRAINING.
``(a) General Authority.--The President is authorized to furnish,
on such terms and conditions consistent with this chapter (but whenever
feasible on a reimbursable basis), education and training to foreign
personnel for the purpose of enhancing the nonproliferation and export
control capabilities of such personnel through their attendance in
special courses of instruction conducted by the United States.
``(b) Administration of Courses.--The Secretary of State shall have
overall responsibility for the development and conduct of international
nonproliferation education and training programs, but may utilize other
departments and agencies, as appropriate, to recommend personnel for
the education and training, and to administer specific courses of
instruction.
``(c) Purposes.--Education and training activities conducted under
this section shall be--
``(1) of a technical nature, emphasizing techniques for
detecting, deterring, monitoring, interdicting, and countering
proliferation;
``(2) designed to encourage effective and mutually
beneficial relations and increased understanding between the
United States and friendly countries; and
``(3) designed to improve the ability of friendly countries
to utilize their resources with maximum effectiveness, thereby
contributing to greater self-reliance by such countries.
``(d) Priority to Certain Countries.--In selecting military and
foreign governmental personnel for education and training pursuant to
this section, priority shall be given to personnel from countries for
which the Secretary of State has given priority under section
583(b).''.
SEC. 305. RELOCATION OF SCIENTISTS.
(a) Reinstatement of Classification Authority.--Section 4 of the
Soviet Scientists Immigration Act of 1992 (Public Law 102-509; 106
Stat. 3316; 8 U.S.C. 1153 note) is amended by striking subsection (d)
and inserting the following:
``(d) Duration of Authority.--The authority under subsection (a)
shall be in effect during the following periods:
``(1) The period beginning on the date of the enactment of
this Act and ending 4 years after such date.
``(2) The period beginning on the date of the enactment of
the Security Assistance Act of 2001 and ending 4 years after
such date.''.
(b) Limitation on Number of Scientists Eligible for Visas Under
Authority.--Subsection (c) of such section is amended by striking
``750'' and inserting ``950''.
(c) Limitation on Eligibility.--Subsection (a) of such section is
amended by adding at the end the following new sentence: ``A scientist
is not eligible for designation under this subsection if the scientist
has previously been granted the status of an alien lawfully admitted
for permanent residence (as defined in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20))).''.
(d) Consultation Requirement.--The Attorney General shall 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
Scientists Immigration Act of 1992; and
(2) any changes that those officials would recommend in the
regulations prescribed under that Act.
SEC. 306. AUDITS OF THE INTERNATIONAL SCIENCE AND TECHNOLOGY CENTERS
PROGRAM.
Consistent with section 303(b) of the Security Assistance Act of
2000 (Public Law 106-280; 114 Stat. 853), not later than 60 days after
the date of enactment of this Act, the Secretary shall submit a
detailed report to the appropriate committees of Congress on United
States audit practices with respect to the ``International Science and
Technology Centers Program''.
SEC. 307. INTERNATIONAL ATOMIC ENERGY AGENCY REGULAR BUDGET
ASSESSMENTS.
(a) Findings.--Congress makes the following findings:
(1) The Department of State has concluded that the
International Atomic Energy Agency (hereafter in this section
referred to as the ``IAEA'') is a critical and effective
instrument for verifying compliance with international nuclear
nonproliferation agreements, 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) As the IAEA has negotiated and developed more effective
verification and safeguards measures, it has experienced
significant real growth in its mission, especially in the vital
area of nuclear safeguards inspections.
(5) 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.
(6) 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.
(7) 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 Relations 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
important and effective agencies such as the IAEA should be
maintained at levels commensurate with the criticality of its
mission.
(b) Additional Funding for the International Atomic Energy
Agency.--It is the sense of Congress that--
(1) the Secretary should negotiate a gradual and sustained
increase in the regular budget of the International Atomic
Energy Agency, which should begin with the 2002 budget;
(2) if a regular budget increase for the IAEA is achieved,
the Secretary should seek to gain consensus within the IAEA
Board of Governors for allocation of a larger proportion of
that budget to nuclear nonproliferation activities; and
(3) if such a reallocation of the regular IAEA budget
cannot be obtained, the United States should decrease its
voluntary contribution by $400,000 for each $1,000,000 increase
in its annual assessment.
(c) Authorization of Appropriations.--Of the funds authorized to be
appropriated for international organizations, $60,000,000 are
authorized to be appropriated in fiscal year 2002 for the payment of
the United States assessment to the International Atomic Energy Agency,
and $75,000,000 shall be available for that purpose in fiscal year
2003.
SEC. 308. REVISED NONPROLIFERATION REPORTING REQUIREMENTS.
Section 308 of Public Law 102-182 (22 U.S.C. 5606) is hereby
repealed.
Subtitle B--Russian Federation Debt Reduction for Nonproliferation
SEC. 311. SHORT TITLE.
This subtitle may be cited as the ``Russian Federation Debt
Reduction for Nonproliferation Act of 2001''.
SEC. 312. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) It is in the vital security interests of the United
States to prevent the spread of weapons of mass destruction to
additional states or to terrorist organizations, and to ensure
that other nations' obligations to reduce 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
materials, 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 missions, and its experts in weapons of mass
destruction technologies 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 accomplish
these vital objectives in the Russian Federation as rapidly 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 immediately
preceding 2001, which have been cited by the Russia Task Force
of the Secretary of Energy's 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
Federation'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 this objective is to
be achieved.
(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
stockpiles and complexes as United States assistance phases
out.
(8) The Russian Federation suffers from a significant
foreign debt burden, a substantial proportion of which it
inherited from the Soviet Union. The Russian Federation is
taking full responsibility for this debt, but the burden of
debt repayment could threaten Russian Federation economic
reform, particularly in 2003 and beyond.
(9) The Russian Federation's need for debt relief has been
the subject of discussions between the United States and the
Russian Federation at the highest levels and is cited by United
States officials as one reason why the Russian Federation has
recognized that its future lies with the West.
(10) 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,
provide a model for a possible debt-for-nonproliferation
exchange with the Russian Federation, which could be designed
to provide additional funding for nonproliferation and arms
reduction initiatives.
(11) 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.
(b) Purposes.--The purposes of this subtitle are--
(1) to recognize the vital interests of the United States,
its allies, and the Russian Federation in reducing the threats
to international security described in the findings set forth
in subsection (a);
(2) to facilitate the accomplishment of the United States
objectives described in the findings set forth in subsection
(a) by providing for the alleviation of a portion of the
Russian Federation's foreign debt, thus allowing the use of
additional resources for these purposes; and
(3) to ensure that resources freed from debt in the Russian
Federation are targeted to the accomplishment of the United
States objectives described in the findings set forth in
subsection (a).
SEC. 313. DEFINITIONS.
In this subtitle:
(1) Agreement.--The term ``Agreement'' means the Russian
Nonproliferation Investment Agreement provided for in section
318.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(3) Cost.--The term ``cost'' has the meaning given that
term in section 502(5) of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a(5)).
(4) Facility.--The term ``Facility'' means the Russian
Nonproliferation Investment Facility established in the
Department of the Treasury by section 314.
(5) Soviet-era debt.--The term ``Soviet-era debt'' means
debt owed as a result of loans or credits provided by the
United States (or any agency of the United States) to the Union
of Soviet Socialist Republics.
SEC. 314. ESTABLISHMENT OF THE RUSSIAN NONPROLIFERATION INVESTMENT
FACILITY.
There is established in the Department of the Treasury an entity to
be known as the ``Russian Nonproliferation Investment Facility'' for
the purpose of providing for the administration of debt reduction in
accordance with this subtitle.
SEC. 315. REDUCTION OF THE RUSSIAN FEDERATION'S SOVIET-ERA DEBT OWED TO
THE UNITED STATES, GENERALLY.
(a) Authority To Reduce Soviet-Era Debt.--
(1) Authority.--
(A) In general.--Except as provided in subparagraph
(B), and subject to section 321, the President may
reduce the amount of Soviet-era debt owed by the
Russian Federation to the United States (or any agency
of the United States) that is outstanding as of October
1, 2001.
(B) Exception.--The authority of subparagraph (A)
to reduce Soviet-era debt does not include any debt
that is described in section 316(a)(1).
(2) Congressional notification.--The President shall notify
the appropriate congressional committees of his intention to
reduce the amount of the Russian Federation's Soviet-era debt
at least 15 days in advance of any formal determination to do
so.
(3) Authorization of appropriations.--
(A) In general.--For the cost of the reduction of
any Soviet-era debt pursuant to this section, there are
authorized to be appropriated to the President--
(i) $50,000,000 for fiscal year 2002; and
(ii) $100,000,000 for fiscal year 2003.
(B) Limitation.--The authority provided by this
section shall be available only to the extent that
appropriations for the cost of the modification of any
Soviet-era debt pursuant to this section are made in
advance.
(4) Certain prohibitions inapplicable.--
(A) In general.--A reduction of Soviet-era debt
pursuant to this section shall not be considered
assistance for the purposes of any provision of law
limiting assistance to a country.
(B) Additional requirement.--The authority of this
section may be exercised notwithstanding section 620(r)
of the Foreign Assistance Act of 1961 or section 321 of
the International Development and Food Assistance Act
of 1975.
(b) Implementation of Soviet-Era Debt Reduction.--
(1) In general.--Any reduction of Soviet-era debt pursuant
to subsection (a) shall be--
(A) implemented pursuant to the terms of a Russian
Nonproliferation Investment Agreement authorized under
section 318; and
(B) accomplished at the direction of the Facility
by the exchange of a new obligation for obligations of
the type referred to in such subsection that are
outstanding as of October 1, 2001.
(2) Exchange of obligations.--
(A) In general.--The Facility shall notify the
agency primarily responsible for administering part I
of the Foreign Assistance Act of 1961 of an agreement
entered into under paragraph (1) with the Russian
Federation to exchange a new obligation for outstanding
obligations.
(B) Additional requirement.--At the direction of
the Facility, the old obligations that are the subject
of the agreement shall be canceled and a new debt
obligation for the Russian Federation shall be
established relating to the agreement, and the agency
primarily responsible for administering part I of the
Foreign Assistance Act of 1961 shall make an adjustment
in its accounts to reflect the debt reduction.
(c) Additional Terms and Conditions.--The following additional
terms and conditions shall apply to the reduction of Soviet-era debt
under subsection (a)(1) in the same manner as such terms and conditions
apply to the reduction of debt under section 704(a)(1) of the Foreign
Assistance Act of 1961:
(1) The provisions relating to repayment of principal under
section 705 of the Foreign Assistance Act of 1961.
(2) The provisions relating to interest on new obligations
under section 706 of the Foreign Assistance Act of 1961.
SEC. 316. REDUCTION OF SOVIET-ERA DEBT OWED TO THE UNITED STATES AS A
RESULT OF CREDITS EXTENDED UNDER TITLE I OF THE
AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF
1954.
(a) Authority To Reduce Certain Soviet-Era Debt.--
(1) Authority.--Notwithstanding any other provision of law,
and subject to section 321, the President may reduce the amount
of Soviet-era debt owed to the United States (or any agency of
the United States) by the Russian Federation that is
outstanding as of October 1, 2001, as a result of any credits
extended under title I of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1701 et seq.).
(2) Congressional notification.--The President shall notify
the appropriate congressional committees of his intention to
reduce the amount of the Russian Federation's Soviet-era debt
described in paragraph (1) at least 15 days in advance of any
formal determination to do so.
(3) Authorization of appropriations.--
(A) In general.--For the cost of the reduction of
any Soviet-era debt pursuant to this section, there are
authorized to be appropriated to the President--
(i) $50,000,000 for fiscal year 2002; and
(ii) $100,000,000 for fiscal year 2003.
(B) Limitation.--The authority provided by this
section shall be available only to the extent that
appropriations for the cost of the modification of any
Soviet-era debt pursuant to this section are made in
advance.
(b) Implementation of Soviet-Era Debt Reduction.--
(1) In general.--Any reduction of Soviet-era debt pursuant
to subsection (a) shall be--
(A) implemented pursuant to the terms of a Russian
Nonproliferation Investment Agreement authorized under
section 318; and
(B) accomplished at the direction of the Facility
by the exchange of a new obligation for obligations of
the type referred to in such subsection that are
outstanding as of October 1, 2001.
(2) Exchange of obligations.--
(A) In general.--The Facility shall notify the
Commodity Credit Corporation of an agreement entered
into under paragraph (1) with an eligible country to
exchange a new obligation for outstanding obligations.
(B) Additional requirement.--At the direction of
the Facility, the old obligations that are the subject
of the agreement shall be canceled and a new debt
obligation shall be established for the Russian
Federation relating to the agreement, and the Commodity
Credit Corporation shall make an adjustment in its
accounts to reflect the debt reduction.
(c) Additional Terms and Conditions.--The following additional
terms and conditions shall apply to the reduction of Soviet-era debt
under subsection (a)(1) in the same manner as such terms and conditions
apply to the reduction of debt under section 604(a)(1) of the
Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.
1738c):
(1) The provisions relating to repayment of principal under
section 605 of such Act.
(2) The provisions relating to interest on new obligations
under section 606 of such Act.
SEC. 317. AUTHORITY TO ENGAGE IN DEBT-FOR-NONPROLIFERATION EXCHANGES
AND DEBT BUYBACKS.
(a) Loans and Credits Eligible for Sale, Reduction, or
Cancellation.--
(1) Debt-for-nonproliferation exchanges.--
(A) In general.--Notwithstanding any other
provision of law, and subject to section 321, the
President may, in accordance with this section, sell to
any purchaser eligible under subparagraph (B), any loan
or credit described in section 315(a)(1), or any credit
described in section 316(a)(1), or on receipt of
payment from an eligible purchaser, reduce or cancel
any such loan or credit or portion thereof, only for
the purpose of facilitating a debt-for-nonproliferation
exchange to support activities that further United
States objectives described in the findings set forth
in section 312(a).
(B) Eligible purchaser.--A loan or credit may be
sold, reduced, or canceled under subparagraph (A) with
respect to a purchaser who presents plans satisfactory
to the President for using the loan or credit for the
purpose of engaging in debt-for-nonproliferation
exchange to support activities that further United
States objectives described in the findings set forth
in section 312(a).
(C) Consultation requirement.--Before the sale
under subparagraph (A) to any purchaser eligible under
subparagraph (B), or any reduction or cancellation
under subparagraph (A), of any loan or credit made to
the Russian Federation, the President shall consult
with that country concerning the amount of loans or
credits to be sold, reduced, or canceled and their uses
for debt-for-nonproliferation exchanges to support
activities that further United States objectives
described in the findings set forth in section 312(a).
(D) Authorization of appropriations.--For the cost
of the reduction of any debt pursuant to subparagraph
(A), amounts authorized to be appropriated under
sections 315(a)(3) and 316(a)(3) shall be made
available for such reduction of debt pursuant to
subparagraph (A).
(2) Debt buybacks.--Notwithstanding any other provision of
law, the President may, in accordance with this section, sell
to the Russian Federation any loan or credit described in
section 315(a)(1) or any credit described in section 316(a)(1),
or on receipt of payment from the Russian Federation, reduce or
cancel such loan or credit or portion thereof, if the purpose
of doing so is to facilitate a debt buyback by the Russian
Federation of its own qualified debt and the Russian Federation
uses a substantial additional amount of its local currency to
support activities that further United States objectives
described in the findings set forth in section 312(a).
(3) Limitation.--The authority provided by paragraphs (1)
and (2) shall be available only to the extent that
appropriations for the cost of the modification of any debt
pursuant to such paragraphs are made in advance.
(4) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with this
section, establish the terms and conditions under which loans
and credits may be sold, reduced, or canceled pursuant to this
section.
(5) Administration.--
(A) In general.--The Facility shall notify the
Administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of
1961 or the Commodity Credit Corporation, as the case
may be, of purchasers that the President has determined
to be eligible under paragraph (1)(B), and shall direct
such agency or Corporation, as the case may be, to
carry out the sale, reduction, or cancellation of a
loan pursuant to such paragraph.
(B) Additional requirement.--Such agency or
Corporation, as the case may be, shall make an
adjustment in its accounts to reflect the sale,
reduction, or cancellation.
(b) Deposit of Proceeds.--The proceeds from a sale, reduction, or
cancellation of a loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
SEC. 318. RUSSIAN NONPROLIFERATION INVESTMENT AGREEMENT.
(a) Authority.--Subject to section 321, the Secretary is
authorized, in consultation with other appropriate officials of the
Federal Government, to enter into an agreement with the Russian
Federation concerning the use of the funds saved by that country as a
result of any debt relief provided pursuant to this subtitle. An
agreement entered into under this section may be referred to as the
``Russian Nonproliferation Investment Agreement''.
(b) Content of Agreement.--The Russian Nonproliferation Investment
Agreement shall ensure that--
(1) a significant proportion of the funds saved by the
Russian Federation as a result of any debt relief provided
pursuant to this subtitle is devoted to nonproliferation
programs and projects;
(2) funding of each such program or project is approved by
the United States Government, either directly or through its
representation on any governing board that may be directed or
established to manage these funds;
(3) administration and oversight of nonproliferation
programs and projects incorporate best practices from
established threat reduction and nonproliferation assistance
programs;
(4) each program or project funded pursuant to the
Agreement is subject to audits conducted by or for the United
States Government;
(5) unobligated funds for investments pursuant to the
Agreement are segregated from other Russian Federation funds
and invested in financial instruments guaranteed or insured by
the United States Government;
(6) the funds that are devoted to programs and projects
pursuant to the Agreement are not subject to any taxation by
the Russian Federation;
(7) all matters relating to the intellectual property
rights and legal liabilities of United States firms in a given
project are agreed upon before the expenditure of funds is
authorized for that project; and
(8) not less than 75 percent of the funds made available
for each nonproliferation program or project under the
Agreement is spent in the Russian Federation.
(c) Use of Existing Mechanisms.--It is the sense of Congress that,
to the extent practicable, the boards and administrative mechanisms of
existing threat reduction and nonproliferation programs should be used
in the administration and oversight of programs and projects under the
Agreement.
SEC. 319. STRUCTURE OF DEBT-FOR-NONPROLIFERATION ARRANGEMENTS.
It is the sense of Congress that any debt-for-nonproliferation
arrangements with the Russian Federation should provide for gradual
debt relief over a period of years, with debt relief to be suspended if
more than two years' worth of funds remain unobligated for approved
nonproliferation programs or projects.
SEC. 320. INDEPENDENT MEDIA AND THE RULE OF LAW.
Subject to section 321, of the agreed funds saved by the Russian
Federation as a result of any debt relief provided pursuant to this
subtitle, up to 10 percent 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 chairman,
shall be United States personnel, and which shall be responsible for
management of the endowment, its funds, and the Center's programs.
SEC. 321. NONPROLIFERATION REQUIREMENT.
(a) Proliferation to State Sponsors of Terrorism.--The authorities
granted under sections 315, 316, 317, 318, and 320 may not be
exercised, and funds may not be expended, unless and until--
(1) the Russian Federation makes material progress in
stemming 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
countries that have been determined by the Secretary, for the
purposes of section 40 of the Arms Export Control Act, section
620A of the Foreign Assistance Act, or section 6(j) of the
Export Administration Act of 1979, to have repeatedly provided
support for acts of international terrorism; and
(2) the President certifies to the appropriate
congressional committees that the condition required in
paragraph (1) has been met.
(b) Annual Determination.--If, in any annual report to Congress
submitted pursuant to section 325, the President cannot certify that
the Russian Federation continues to meet the condition required in
subsection (a)(1), then, subject to the provisions of subsection (c),
the authorities granted under under sections 315, 316, 317, 318, and
320 may not be exercised, and funds may not be expended, unless and
until such certification is made to the appropriate congressional
committees.
(c) Presidential Waiver.--The President may waive the requirements
of subsection (b) for a fiscal year if the President determines that
imposition of those requirements in that fiscal year would be counter
to the national interest of the United States and so reports to the
appropriate congressional committees.
SEC. 322. DISCUSSION OF RUSSIAN FEDERATION DEBT REDUCTION FOR
NONPROLIFERATION WITH OTHER CREDITOR STATES.
The President and such other appropriate officials as the President
may designate shall institute discussions in the Paris Club of creditor
states with the objectives of--
(1) reaching agreement that each member of the Paris Club
is authorized to negotiate debt exchanges with the Russian
Federation covering a portion of its bilateral debt, to finance
the accomplishment of nonproliferation and arms reduction
activities;
(2) convincing other member states of the Paris Club,
especially the largest holders of Soviet-era Russian debt, to
dedicate significant proportions of their bilateral debt with
the Russian Federation to these purposes; and
(3) reaching agreement, as appropriate, to establish a
unified debt exchange fund to manage and provide financial
transparency for the resources provided through the debt
exchanges.
SEC. 323. 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 Committee on Nonproliferation Assistance to the
Independent States of the Former Soviet Union (established pursuant to
section 334 of this Act).
SEC. 324. CONSULTATIONS WITH CONGRESS.
The President shall consult with the appropriate congressional
committees on a periodic basis to review the operations of the Facility
and the Russian Federation's eligibility for benefits from the
Facility.
SEC. 325. ANNUAL REPORT TO CONGRESS.
Not later than December 31, 2002, and not later than December 31 of
each year thereafter, the President shall prepare and transmit to
Congress a report concerning the operation of the Facility 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 by the
Facility during the fiscal year;
(2) a description of any agreement entered into under this
subtitle;
(3) a description of any grants that have been provided
pursuant to the agreement; and
(4) a summary of the results of audits performed in the
fiscal year pursuant to the agreement.
Subtitle C--Nonproliferation Assistance Coordination
SEC. 331. SHORT TITLE.
This subtitle may be cited as the ``Nonproliferation Assistance
Coordination Act of 2001''.
SEC. 332. FINDINGS.
Congress finds that--
(1) United States nonproliferation efforts in the
independent states of the former Soviet Union have achieved
important 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
suffers 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
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 require the establishment 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. 333. INDEPENDENT STATES OF THE FORMER SOVIET UNION DEFINED.
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).
SEC. 334. ESTABLISHMENT OF COMMITTEE ON NONPROLIFERATION ASSISTANCE TO
THE INDEPENDENT STATES OF THE FORMER SOVIET UNION.
(a) Establishment.--There is established within the executive
branch of the Government an interagency committee known as the
``Committee on Nonproliferation Assistance to the Independent States of
the Former Soviet Union'' (in this subtitle referred to as the
``Committee'').
(b) Membership.--
(1) In general.--The Committee shall be composed of five
members, as follows:
(A) A representative of the Department of State
designated by the Secretary of State.
(B) A representative of the Department of Energy
designated by the Secretary of Energy.
(C) A representative of the Department of Defense
designated by the Secretary of Defense.
(D) A representative of the Department of Commerce
designated by the Secretary of Commerce.
(E) A representative of the Assistant to the
President for National Security Affairs designated by
the Assistant to the President.
(2) Level of representation.--The Secretary of a department
named in subparagraph (A), (B), (C), or (D) of paragraph (1)
shall designate as the department's representative an official
of that department who is not below the level of an Assistant
Secretary of the department.
(c) Chair.--The representative of the Assistant to the President
for National Security Affairs shall serve as Chair of the Committee.
The Chair may invite the head of any other department 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.
SEC. 335. DUTIES OF THE COMMITTEE.
(a) In General.--The Committee shall have primary continuing
responsibility within the executive branch of the Government for--
(1) monitoring United States nonproliferation efforts in
the independent states of the former Soviet Union; and
(2) coordinating the implementation of United States policy
with respect to such efforts.
(b) Duties Specified.--In carrying out the responsibilities
described in subsection (a), the Committee shall--
(1) arrange for the preparation of analyses on the issues
and problems relating to coordination within and among United
States departments and agencies on nonproliferation efforts of
the independent states of the former Soviet Union;
(2) arrange for the preparation of analyses on the issues
and problems relating to coordination between the United States
public and private sectors on nonproliferation efforts in the
independent states of the former Soviet Union, including
coordination between public and private spending on
nonproliferation programs of the independent states of the
former Soviet Union and coordination between public spending
and private investment in defense conversion activities of the
independent states of the former Soviet Union;
(3) provide guidance on arrangements that will coordinate,
de-conflict, and maximize the utility of United States public
spending on nonproliferation programs of the independent states
of the former Soviet Union to ensure efficiency and further
United States national security interests;
(4) encourage companies and nongovernmental organizations
involved in nonproliferation efforts of the independent states
of the former Soviet Union to voluntarily report these efforts
to the Committee;
(5) arrange for the preparation of analyses on the issues
and problems relating to the coordination between the United
States and other countries with respect to nonproliferation
efforts in the independent states of the former Soviet Union;
and
(6) consider, and make recommendations to the President and
Congress with respect to, proposals for new legislation or
regulations relating to United States nonproliferation efforts
in the independent states of the former Soviet Union as may be
necessary.
SEC. 336. 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 Committee in carrying out its functions and activities
under this subtitle.
SEC. 337. CONFIDENTIALITY OF INFORMATION.
Information which has been submitted or received in confidence
shall not be publicly disclosed, except to the extent required by law,
and such information shall be used by the Committee only for the
purpose of carrying out the functions and activities set forth in this
subtitle.
SEC. 338. 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 Committee 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.).
TITLE IV--EXPEDITING THE MUNITIONS LICENSING PROCESS
SEC. 401. LICENSE OFFICER STAFFING.
(a) Funding.--Of the amounts authorized to be appropriated under
the appropriations account entitled ``Diplomatic and Consular
Programs'' for fiscal years 2002 and 2003, not less than $10,000,000
shall be made available each such fiscal year for the Office of Defense
Trade Controls of the Department of State for salaries and expenses.
(b) Assignment of License Review Officers.--Effective January 1,
2002, the Secretary shall assign to the Office of Defense Trade
Controls of the Department of State a sufficient number of license
review officers to ensure that the average weekly caseload for each
officer does not exceed 40.
(c) Detailees.--For the purpose of expediting license reviews, 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. 402. FUNDING FOR DATABASE AUTOMATION.
Of the amounts authorized to be appropriated under the
appropriations account entitled ``Capital Investment Fund'' for fiscal
years 2002 and 2003, not less than $4,000,000 shall be made available
each such fiscal year for the Office of Defense Trade Controls of the
Department of State for the modernization of information management
systems.
SEC. 403. INFORMATION MANAGEMENT PRIORITIES.
(a) Objective.--The Secretary shall establish a secure, Internet-
based system for the filing and review of applications for export of
Munitions List items.
(b) Establishment of an Electronic System.--Of the amounts made
available pursuant to section 402, not less than $3,000,000 each such
fiscal year shall be made 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;
(C) the Export Control System of the Central
Intelligence Agency; and
(D) the Proliferation Information Network System of
the Department of Energy.
(c) Munitions List Defined.--In this section, the term ``Munitions
List'' means the United States Munitions List of defense articles and
defense services controlled under section 38 of the Arms Export Control
Act (22 U.S.C. 2778).
SEC. 404. IMPROVEMENTS TO THE AUTOMATED EXPORT SYSTEM.
(a) Contribution to the Automated Export System.--Not less than
$250,000 of the amounts provided under section 302 for each fiscal year
shall be available for the purpose of--
(1) providing the Department of State with full access to
the Automated Export System;
(2) ensuring that the system is modified to meet the needs
of the Department of State, if such modifications are
consistent with the needs of other United States Government
agencies; and
(3) providing operational support.
(b) Mandatory Filing.--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, to file such information through the Automated Export System.
(c) Requirement for Information Sharing.--The Secretary shall
conclude an information-sharing arrangement with the heads of United
States Customs Service and the Census Bureau--
(1) to allow the Department of State to access information
on controlled exports made through the United States Postal
Service; and
(2) to adjust the Automated Export System to parallel
information currently collected by the Department of State.
(d) Secretary of Treasury Functions.--Section 303 of title 13,
United States Code, is amended by striking ``, other than by mail,''.
(e) Filing Export Information, Delayed Filings, Penalties for
Failure To File.--Section 304 of title 13, United States Code, is
amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``the penal
sum of $1,000'' and inserting ``a penal sum of
$10,000''; and
(B) in the third sentence, by striking ``a penalty
not to exceed $100 for each day's delinquency beyond
the prescribed 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 information in
accordance with any rule, regulation, or order issued pursuant to this
chapter. In the event any such information or reports are not filed
within such prescribed period, the Secretary of Commerce (and officers
of the Department of Commerce designated by the Secretary) may impose a
civil penalty not to exceed $1,000 for each day's delinquency beyond
the prescribed period, but not more than $10,000 per violation.''.
(f) Additional Penalties.--
(1) In general.--Section 305 of title 13, United States
Code, is amended to read as follows:
``SEC. 305. PENALTIES FOR UNLAWFUL EXPORT INFORMATION ACTIVITIES.
``(a) Criminal Penalties.--(1) Any person who knowingly fails to
file or knowingly submits false or misleading export information
through the Shippers Export Declaration (SED) (or any successor
document) or the Automated Export System (AES) shall be subject to a
fine not to exceed $10,000 per violation or imprisonment for not more
than 5 years, or both.
``(2) Any person who knowingly reports any 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) Any person who is convicted under this subsection shall, in
addition to any other penalty, be subject to forfeiting to the United
States--
``(A) any of that person's interest in, security of, claim
against, or property or contractual rights of any kind in the
goods or tangible items that were the subject of the violation;
``(B) any of that person's interest in, security of, claim
against, or property or contractual rights of any kind in
tangible property that was used in the export or attempt to
export that was the subject of the violation; and
``(C) any of that person's property constituting, or
derived from, any proceeds obtained directly or indirectly as a
result of the violation.
``(b) Civil Penalties.--The Secretary (and officers of the
Department of Commerce specifically designated by the Secretary) may
impose a civil penalty not to exceed $10,000 per violation on any
person violating the provisions of this chapter or any rule,
regulation, or order issued thereunder, except as provided in section
304. Such penalty may be in addition to any other penalty imposed by
law.
``(c) Civil Penalty Procedure.--(1) When 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) If any person fails to pay a civil penalty imposed under this
chapter, the Secretary may ask the Attorney General to commence a civil
action in an appropriate district court of the United States to recover
the amount imposed (plus interest at currently prevailing rates from
the date of the final order). No such action may be commenced more than
5 years after the order imposing the civil penalty becomes final. In
such action, the validity, amount, and appropriateness of such penalty
shall not be subject to review.
``(3) The Secretary may remit or mitigate any penalties imposed
under paragraph (1) if, in his or her opinion--
``(A) the penalties were incurred without willful negligence or
fraud; or
``(B) other circumstances exist that justify a remission or
mitigation.
``(4) 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) 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 miscellaneous receipts.
``(d) Enforcement.--(1) 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) The Commissioner of Customs may designate officers or
employees of the Customs Service to enforce the provisions of this
chapter, or to conduct investigations pursuant to this chapter.
``(e) Regulations.--The Secretary of Commerce shall promulgate
regulations for the implementation and enforcement of this section.
``(f) Exemption.--The criminal fines provided for in this section
are exempt from the provisions of section 3571 of title 18, United
States Code.''.
(2) Clerical amendment.--The table of 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. 405. ADJUSTMENT OF THRESHOLD AMOUNTS FOR CONGRESSIONAL REVIEW
PURPOSES.
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
President may not'' and inserting ``Subject to
paragraph (5), the President may not''; and
(B) by adding at the end of the following new
paragraph:
``(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) sale of major defense equipment under this Act for,
or enhancement or upgrade of major defense equipment at a cost
of, $25,000,000 or more, as the case may be; and
``(B) sale of defense articles or services for, or
enhancement or upgrade of defense articles or services at a
cost of, $100,000,000 or more, as the case may be; or
``(C) sale of design and construction services for, or
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
paragraph:
``(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 limitation 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
contract in the amount of $100,000,000 or more.''; and
(3) in section 63(a) (22 U.S.C. 2796b(a))--
(A) by striking ``In the case of'' and inserting
``(1) Subject 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 limitation
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.''.
SEC. 406. PERIODIC NOTIFICATION OF PENDING APPLICATIONS FOR EXPORT
LICENSES.
The Secretary shall submit, on a biannual basis, to the appropriate
committees of Congress a report identifying--
(1) each outstanding application for a license to export
under section 38 of the Arms Export Control Act for which final
administrative action has been withheld for longer than 180
days; and
(2) the referral status of each such application and any
other relevant information.
TITLE V--NATIONAL SECURITY ASSISTANCE STRATEGY
SEC. 501. ESTABLISHMENT OF THE STRATEGY.
(a) Requirement.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter in connection with
submission of congressional presentation materials for the foreign
operations appropriations budget request, the Secretary shall submit to
the appropriate committees of Congress a report setting forth a
National Security Assistance Strategy for the United States.
(b) Elements of the Strategy.--The National Security Assistance
Strategy shall--
(1) set forth a 5-year plan for security assistance
programs;
(2) be consistent with the National Security Strategy of
the United States;
(3) be coordinated with the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff;
(4) identify overarching security assistance objectives,
including identification of the role that specific security
assistance programs will play in achieving such objectives;
(5) identify a primary security assistance objective, as
well as specific secondary objectives, for individual
countries;
(6) identify, on a country-by-country basis, how specific
resources will be allocated to accomplish both primary and
secondary objectives;
(7) discuss how specific types of assistance, such as
foreign military financing and international military education
and training, will be combined at the country level to achieve
United States objectives; and
(8) detail, with respect to each of the paragraphs (1)
through (7), how specific types of assistance provided pursuant
to the Arms Export Control Act and Foreign Assistance Act of
1961 are coordinated with United States assistance programs
administered by the Department of Defense and other agencies.
(c) Covered Assistance.--The National Security Assistance Strategy
shall cover assistance provided under--
(1) section 23 of the Arms Export Control Act (22 U.S.C.
2763);
(2) chapter 5 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2347 et seq.); and
(3) section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321i).
SEC. 502. SECURITY ASSISTANCE SURVEYS.
(a) Utilization.--The Secretary shall utilize security assistance
surveys in preparation of the National Security Assistance Strategy
required pursuant to section 501 of this Act.
(b) Funding.--Of the amounts made available for fiscal year 2002
under section 23 of the Arms Export Control Act (22 U.S.C. 2763),
$2,000,000 is authorized to be available to the Secretary to conduct
security assistance surveys, or to request such a survey, 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.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. NUCLEAR AND MISSILE NONPROLIFERATION IN SOUTH ASIA.
(a) United States Policy.--It shall be the policy of the United
States, consistent with its obligations under the Treaty on the Non-
Proliferation of Nuclear Weapons, 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) Agreement by both governments to bring their export
controls in line with the guidelines and requirements of the
Nuclear Suppliers Group.
(4) Agreement by both governments to bring their export
controls in line with the guidelines and requirements of the
Zangger Committee.
(5) Agreement by both governments to bring their export
controls in line with the guidelines, requirements, and annexes
of the Missile Technology Control Regime.
(6) Establishment of a modern, effective system to protect
and secure nuclear devices and materiel from unauthorized use,
accidental employment, theft, espionage, misuse, or abuse.
(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
Pakistani senior officials to discuss security issues,
establish confidence building measures, and increase
transparency with regard to nuclear policies, programs,
stockpiles, capabilities, and delivery systems.
(b) Report.--Not later than March 1, 2003, the President shall
submit to the appropriate committees of Congress a report describing
United States efforts in pursuit of the objectives listed in subsection
(a), the progress made toward the achievement of those objectives, and
the likelihood that each objective will be achieved by September 30,
2003.
SEC. 602. 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 possible, all raw seismological data provided to the
United States Government by any international monitoring organization
that is directly responsible for seismological monitoring.
SEC. 603. DETAILING UNITED STATES GOVERNMENTAL PERSONNEL TO
INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION
ORGANIZATIONS.
(a) In General.--The Secretary, in consultation with the
Secretaries of Defense and Energy and the heads of other relevant
United States departments and agencies, as appropriate, shall develop
measures to improve the process by which United States Government
personnel may be detailed to international arms control and
nonproliferation organizations without adversely affecting the pay or
career advancement of such personnel.
(b) Report Required.--Not later than May 1, 2002, 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 setting forth the measures taken under subsection (a).
SEC. 604. DIPLOMATIC PRESENCE OVERSEAS.
(a) Purpose.--The purpose of this section is to--
(1) elevate the stature given United States diplomatic
initiatives relating to nonproliferation and political-military
issues; and
(2) develop a group of highly specialized, technical
experts with country expertise capable of administering the
nonproliferation and political-military affairs functions of
the Department of State.
(b) Authority.--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 or Political Military Affairs
Bureaus of the Department of State.
(c) Training.--After being selected to serve as Counselor, any
person so selected shall spend not less than 10 months in language
training courses at the Foreign Service Institute, or in technical
courses administered by the Department of Defense, the Department 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. 605. PROTECTION AGAINST AGRICULTURAL BIOTERRORISM.
Of funds made available to carry out programs under the Foreign
Assistance Act of 1961, $1,500,000 may be made available to North
Carolina State University for the purpose of fingerprinting crop and
livestock pathogens in order to enhance the ability of the United
States Government to detect new strains, determine their origin, and to
facilitate research in pathogen epidemiology.
SEC. 606. COMPLIANCE WITH THE CHEMICAL WEAPONS CONVENTION.
(a) Findings.--Congress makes the following findings:
(1) On April 24, 1997, the Senate provided its advice and
consent to ratification of the Chemical Weapons Convention
subject to the condition that no sample collected in the United
States pursuant to the Convention would 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 taken during a challenge
inspection 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 meet the requirements of condition (18) of
the resolution of ratification of the Chemical Weapons
Convention, and section 304 of the Chemical Weapons Convention
Implementation Act of 1998 (22 U.S.C. 6724), the United States
must possess, at a minimum, a second OPCW-designated
laboratory.
(6) The possession of a second laboratory is necessary in
view of the potential for a challenge inspection to be
initiated against the United States by a foreign nation.
(7) 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 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.
(8) Several existing United States commercial laboratories
have approved quality control systems, already possess bailment
agreements with the United States Army, and have the
capabilities necessary to obtain OPCW designation.
(9) In order to bolster the legitimacy of United States
analysis of samples taken on its national territory, it is
preferable that the second designated laboratory is not a
United States Government facility. Further, it is not cost-
effective to build and equip another Government laboratory to
meet OPCW designation standards when such capability already
exists in the private sector.
(b) Establishment of Second Designated Laboratory.--
(1) Directive.--Not later than February 1, 2002, the United
States National Authority, as designated under section 101 of
the Chemical Weapons Convention Implementation Act of 1998 (22
U.S.C. 6711), shall select, through competitive procedures, a
commercial laboratory within the United States to pursue
designation by the OPCW.
(2) Delegation.--The National Authority may delegate the
authority and administrative responsibility for carrying out
paragraph (1) to one or more of the heads of the agencies
described in section 101(b)(2) of the Chemical Weapons
Convention Implementation Act of 1998 (22 U.S.C. 6711(b)(2)).
(3) Report.--Not later than March 1, 2002, the National
Authority shall submit to the appropriate committees of
Congress a report detailing a plan for securing OPCW
designation of a third United States laboratory by December 1,
2003.
(c) Definitions.--In this section:
(1) Chemical weapons convention.--The term ``Chemical
Weapons 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.
TITLE VII--AUTHORITY TO TRANSFER NAVAL VESSELS
SEC. 701. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Authority To Transfer.--
(1) Brazil.--The President is authorized to transfer to the
Government of Brazil the ``Newport'' class tank landing ship
Peoria (LST1183). Such transfer shall be on a sale basis under
section 21 of the Arms Export Control Act (22 U.S.C. 2761).
(2) Poland.--The President is authorized to transfer to the
Government of Poland the ``Oliver Hazard Perry'' class guided
missile frigate Wadsworth (FFG 9). Such transfer shall be on a
grant basis under section 516 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j).
(3) Turkey.--The President is authorized to transfer to the
Government of Turkey the ``Oliver Hazard Perry'' class guided
missile frigates Estocin (FFG 15) and Samuel Eliot Morrison
(FFG 13). Each such transfer shall be on a sale basis under
section 21 of the Arms Export Control Act (22 U.S.C. 2761). The
President is further authorized to transfer to the Government
of Turkey the ``Knox'' class frigates Capadanno (FF 1093),
Thomas C. Hart (FF 1092), Donald B. Beary (FF 1085), McCandless
(FF 1084), Reasoner (FF 1063), and Bowen (FF 1079). The
transfer of these 6 ``Knox'' class frigates shall be on a grant
basis under section 516 of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j).
(4) Taiwan.--The President is authorized to transfer to the
Taipei Economic and Cultural Representative 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).
The transfer of these 4 ``Kidd'' class guided missile
destroyers shall be on a sale basis under section 21 of the
Arms Export Control Act (22 U.S.C. 2761).
(b) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to another country
on a grant basis under section 516 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j) pursuant to authority provided by 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.
(c) Costs of Transfers.--Notwithstanding section 516(e)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(1)), any expense
incurred by the United States in connection with a transfer authorized
to be made on a grant basis under subsection (a) or (b) shall be
charged to the recipient.
(d) Repair and Refurbishment in United States Shipyards.--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 vessel joins the naval forces of
that country, performed at a United States Navy shipyard or other
shipyard located in the United States.
(e) Expiration of Authority.--The authority provided under
subsection (a) shall expire at the end of the 2-year period beginning
on the date of the enactment of this Act.
Passed the Senate December 20 (legislative day, December
18), 2001.
Attest:
JERI THOMSON,
Secretary.