[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 790 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 790
To authorize appropriations for the Department of State for fiscal
years 2004 and 2005, to authorize appropriations under the Arms Export
Control Act and the Foreign Assistance Act of 1961 for security
assistance for fiscal years 2004 and 2005, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 3, 2003
Mr. Lugar introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To authorize appropriations for the Department of State for fiscal
years 2004 and 2005, to authorize appropriations under the Arms Export
Control Act and the Foreign Assistance Act of 1961 for security
assistance for fiscal years 2004 and 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Relations Authorization Act,
Fiscal Years 2004 and 2005''.
SEC. 2. ORGANIZATION OF ACT INTO TITLES; TABLE OF CONTENTS.
(a) Titles.--This Act is organized into eight titles as follows:
TITLE I--AUTHORIZATION OF APPROPRIATIONS
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
TITLE IV--INTERNATIONAL ORGANIZATIONS
TITLE V--SUPPORTING THE WAR ON TERRORISM
TITLE VI--SECURITY ASSISTANCE
TITLE VII--INTERNATIONAL PARENTAL CHILD ABDUCTION PREVENTION ACT OF
2003
TITLE VIII--MISCELLANEOUS PROVISIONS
Subtitle A--Streamlining Reporting Requirements
Subtitle B--Other Matters
(b) The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into titles; table of contents.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Administration of foreign affairs.
Sec. 102. International organizations and conferences.
Sec. 103. International commissions.
Sec. 104. Migration and refugee assistance.
Sec. 105. Centers and foundations.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Sec. 201. Reimbursement rate for airlift services provided to thee
Department of State.
Sec. 202. Grant authority to promote biotechnology.
Sec. 203. Immediate response facilities.
Sec. 204. Mine action programs grant authority.
Sec. 205. The U.S. Diplomacy Center.
Sec. 206. Public affairs grant authority.
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
Sec. 301. Cost of living allowances.
Sec. 302. Waiver of annuity limitations on re-employed foreign service
annuitants.
Sec. 303. Fellowship of Hope Program.
Sec. 304. Claims for lost pay.
Sec. 305. Suspension or enforced leave.
Sec. 306. Home leave.
Sec. 307. Ombudsman for the Department of State.
Sec. 308. Repeal of recertification requirement for senior foreign
service.
TITLE IV--INTERNATIONAL ORGANIZATIONS
Sec. 401. Raising the cap on peacekeeping contributions.
TITLE V--SUPPORTING THE WAR ON TERRORISM
Sec. 501. Designation of foreign terrorist organizations.
TITLE VI--SECURITY ASSISTANCE
Sec. 601. Restrictions on economic support funds for Lebanon.
Sec. 602. Thresholds for congressional notification of FMS and
commercial arms transfers.
Sec. 603. Bilateral agreement requirements relating to licensing of
defense exports.
Sec. 604. Authorization of appropriations--foreign military financing,
international military education and
training, and nonproliferation, anti-
terrorism, demining, and related programs.
Sec. 605. Cooperative threat reduction permanent waiver.
Sec. 606. Congressional notification for comprehensive defense export
authorizations.
Sec. 607. expansion of authorities for loan of material, supplies, and
equipment for research and development
purposes.
Sec. 608. Establish dollar threshold for congressional notification of
excess defense articles that are
significant military equipment.
Sec. 609. Waiver of net proceeds resulting from disposal of U.S.
Defense articles provided to a foreign
country on a grant basis.
Sec. 610. Transfer of certain obsolete or surplus defense articles in
the war reserve stockpiles for allies to
Israel.
Sec. 611. Additions to U.S. war reserve stockpiles for allies.
Sec. 612. Provision of cataloging data and services.
Sec. 613. Provision to exercise waivers with respect to Pakistan.
TITLE VII--INTERNATIONAL PARENTAL CHILD ABDUCTION PREVENTION ACT OF
2003
Sec. 701. Short title.
Sec. 702. Inadmissibility of aliens supporting international child
abductors and relatives of such abductors.
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 801. Reports on benchmarks for Bosnia.
Sec. 802. Report concerning the German foundation ``Remembrance,
Responsibility, and the Future''.
Sec. 803. Report on progress in Cyprus.
Sec. 804. Reports on activities in Colombia.
Sec. 805. Report on extradition of narcotics traffickers.
Sec. 806. Report on terrorist activity in which United States citizens
were killed and related matters.
Sec. 807. Report and waiver regarding embassy in Jerusalem.
Sec. 808. Report on progress toward regional nonproliferation.
Sec. 809. Report on annual estimate and justification for sales
program.
Sec. 810. Report on foreign military training.
Sec. 811. Report on human rights violations by IMET participants.
Sec. 812. Report on development of the European Security and Defense
Identity (ESDI) Within the NATO Alliance.
Sec. 813. Report on transfers of military sensitive technology to
countries and entities of concern.
Sec. 814. Nuclear reprocessing transfer waiver.
Sec. 815. Complex foreign contingencies.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.
The following amounts are authorized to be appropriated for the
Department of State under ``Administration of Foreign Affairs'' to
carry out the authorities, functions, duties, and responsibilities in
the conduct of foreign affairs of the United States and for other
purposes authorized by law:
(1) Diplomatic and consular programs.--For ``Diplomatic and
Consular Programs'' of the Department of State $4,163,544,000
for the fiscal year 2004, and such sums as may be necessary for
the fiscal year 2005.
(A) Worldwide security upgrades.--Of the amounts
authorized to be appropriated by subparagraph (1),
$646,701,000 for the fiscal year 2004, and such sums as
may be necessary for the fiscal year 2005 are
authorized to be appropriated only for worldwide
security upgrades.
(2) Capital investment fund.--For ``Capital Investment
Fund'' of the Department of State, $157,000,000 for the fiscal
year 2004, and such sums as may be necessary for the fiscal
year 2005.
(3) Embassy security, construction and maintenance.--For
``Embassy Security, Construction and Maintenance'',
$1,514,400,000 for the fiscal year 2004, and such sums as may
be necessary for fiscal year 2005.
(4) Educational and cultural exchange programs.--For
``Educational and Cultural Exchange Programs'', $345,346,000
for the fiscal year 2004, and such sums as may be necessary for
fiscal year 2005.
(5) Representation allowances.--For ``Representation
Allowances'', $9,000,000 for the fiscal year 2004, and such
sums as may be necessary for fiscal year 2005.
(6) Protection of foreign missions and officials.--For
``Protection of Foreign Missions and Officials'', $10,000,000
for the fiscal year 2004 and such sums as may be necessary for
the fiscal year 2005.
(7) Emergencies in the diplomatic and consular service.--
For ``Emergencies in the Diplomatic and Consular Service'',
$1,000,000 for the fiscal year 2004, and such sums as may be
necessary for the fiscal year 2005.
(8) Repatriation loans.--For ``Repatriation Loans'',
$1,219,000 for the fiscal year 2004, and such sums as may be
necessary for the fiscal year 2005.
(9) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $19,773,000
for the fiscal year 2004, and such sums as may be necessary for
fiscal year 2005.
(10) Office of the inspector general.--For ``Office of the
Inspector General'', $31,703,000 for the fiscal year 2004, and
such sums as may be necessary for the fiscal year 2005.
SEC. 102. INTERNATIONAL ORGANIZATIONS AND CONFERENCES.
(a) Assessed Contributions to International Organizations.--There
are authorized to be appropriated for ``Contributions to International
Organizations'', $1,010,463,000 for the fiscal year 2004 and such sums
as may be necessary for the fiscal year 2005, for the Department of
State to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the United
States with respect to international organizations and to carry out
other authorities in law consistent with such purposes.
(b) Contributions for International Peacekeeping Activities.--There
are authorized to be appropriated for ``Contributions for International
Peacekeeping Activities'', $550,200,000 for the fiscal year 2004, and
such sums as may be necessary for the fiscal year 2005, for the
Department of State to carry out the authorities, functions, duties,
and responsibilities of the United States with respect to international
peacekeeping activities and to carry out other authorities in law
consistent with such purposes. Funds appropriated pursuant to this
paragraph are authorized to be available until expended.
(c) Foreign Currency Exchange Rates.--In addition to amounts
authorized to be appropriated by subsection (a), there are authorized
to be appropriated such sums as may be necessary for each of the fiscal
years 2004 and 2005 to offset adverse fluctuations in foreign currency
exchange rates. Amounts appropriated under this subsection shall be
available for obligation and expenditure only to the extent that the
Director of the Office of Management and Budget determines and
certifies to Congress that such amounts are necessary due to such
fluctuations.
SEC. 103. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under
``International Commissions'' for the Department of State to carry out
the authorities, functions, duties, and responsibilities in the conduct
of the foreign affairs of the United States and for other purposes
authorized by law:
(1) International boundary and water commission, united
states and mexico.--For ``International Boundary and Water
Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'', $31,562,000 for
the fiscal year 2004, and such sums as may be necessary
for the fiscal year 2005; and
(B) for ``Construction'', $8,901,000 for the fiscal
year 2004, and such sums as may be necessary for the
fiscal year 2005;
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United States
and Canada'', $1,261,000 for the fiscal year 2004 and such sums
as may be necessary for the fiscal year 2005.
(3) International joint commission.--For ``International
Joint Commission'', $7,810,000 for the fiscal year 2004 and
such sums as may be necessary for the fiscal year 2005.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $20,043,000 for the
fiscal year 2004 and such sums as may be necessary for the
fiscal year 2005.
SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.
There are authorized to be appropriated for ``Migration and Refugee
Assistance'' for authorized activities $760,197,000 for the fiscal year
2004 and such sums as may be necessary for the fiscal year 2005.
SEC. 105. CENTERS AND FOUNDATIONS.
(a) Asia Foundation.--There are authorized to be appropriated for
``The Asia Foundation'' for authorized activities, $9,250,000 for the
fiscal year 2004 and such sums as may be necessary for the fiscal year
2005.
(b) National Endowment for Democracy.--There are authorized to be
appropriated for the ``National Endowment for Democracy'' for
authorized activities, $36,000,000 for the fiscal year 2004 and such
sums as may be necessary for the fiscal year 2005.
(c) Center for Cultural and Technical Interchange Between East and
West.--There are authorized to be appropriated for the ``Center for
Cultural and Technical Interchange Between East and West'' for
authorized activities, $14,280,000 for the fiscal year 2004 and such
sums as may be necessary for the fiscal year 2005.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
SEC. 201. REIMBURSEMENT RATE FOR AIRLIFT SERVICES PROVIDED TO THE
DEPARTMENT OF STATE.
Section 2642(a) of title 10 (10 U.S.C. 2642(a)) is amended by
inserting ``or the Department of State'' after ``Central Intelligence
Agency''.
SEC. 202. GRANT AUTHORITY TO PROMOTE BIOTECHNOLOGY.
The Secretary of State is authorized to support, by grants,
cooperative agreements or contract, outreach and public diplomacy
activities regarding the benefits of agricultural biotechnology,
science-based regulatory systems, and the application of the technology
for trade and development. Except as otherwise specifically authorized,
the total amount of grants made in any one fiscal year pursuant to this
authority shall not exceed $500,000.
SEC. 203. IMMEDIATE RESPONSE FACILITIES.
(a) Section 604(b) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (Public Law 106-113, 22 U.S.C. 4865 note)
is amended by:
(1) redesignating subsection (b)(1) as ``(b)(1)(A)'' and by
redesignating subsection (b)(2) as ``(b)(1)(B)''; and
(2) by deleting the period after the words ``set forth in
section 606'' at the end of subsection (b), and adding the
following: ``; or
``(2) providing facilities to support immediate response
efforts in times of emergency.''.
(b) The Foreign Service Buildings Act of 1926 (Public Law 69-186,
22 U.S.C. 292 et seq.) is amended by adding the following new section
at the end:
``Sec. 13. Of the amounts appropriated to carry out the Foreign
Service Buildings Act of 1926 and the Secure Embassy Construction and
Counterterrorism Act 10 of 1999, not to exceed $15,000,000 in any
fiscal year may be made available to provide immediate response
diplomatic facilities through a reprogramming of funds, notwithstanding
any advance congressional notification requirements contained in any
other law. In the case of any such reprogramming that would otherwise
be subject to a requirement of advance congressional notification,
notification to the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives shall be provided as soon as practicable, but not later
than 3 days after the obligation or expenditure of such funds and shall
contain an explanation of the circumstances requiring the deployment of
immediate response facilities.''.
SEC. 204. MINE ACTION PROGRAMS GRANT AUTHORITY.
The Secretary of State is authorized to support public-private
partnerships for mine action programs by grant, cooperative agreement,
or contract. Except as otherwise specifically authorized, the total
amount of grants made in any one fiscal year pursuant to this authority
shall not exceed $450,000.
SEC. 205. THE U.S. DIPLOMACY CENTER.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.) is amended by adding the following new section:
``SEC. 59. THE U.S. DIPLOMACY CENTER.
``(a) Activities.--
``(1) The Secretary of State is authorized to provide--by
contract, grant or otherwise--for appropriate museum visitor
and educational outreach services, including but not limited
to, organizing conference activities, museum shop, and food
services, in the public exhibit and related space utilized by
the U.S. Diplomacy Center (``USDC'') program.
``(2) The Secretary of State may pay all reasonable
expenses of conference activities conducted by the USDC,
including refreshments and travel of participants.
``(3) Any revenues generated under the authority of
paragraph (1) for visitor services may be retained and credited
to any appropriate Department of State appropriation to recover
the costs of operating the USDC.
``(b) Disposition of USDC Artifacts and Materials.--
``(1) All historic documents, artifacts or other articles
permanently acquired by the Department of State and determined
by the Secretary of State to be suitable for display in the
USDC shall be considered to be the property of the Secretary in
his or her official capacity and shall be subject to
disposition solely in accordance with this subsection.
``(2) Sale or trade.--Whenever the Secretary of State or
his/her designee determines that--
``(A) any item covered by paragraph (1) no longer
serves to further the purposes of the USDC as
established in the Collections Management Policy, or
``(B) in order to maintain the standards of the
collections of the USDC, a better use of that article
would be its sale or exchange,
the Secretary may sell the item at fair market value, trade, or
transfer it, without regard to the requirements of the Federal Property
and Administrative Services Act of 1949. The proceeds of any such sale
may be used solely for the advancement of the USDC's mission; in no
event shall proceeds be used for anything other than acquisition or
direct care of collections.
``(3) Loans.--The Secretary of State may also lend items
covered by paragraph (1), when not needed for use or display in
the USDC, to the Smithsonian Institution or a similar
institution for repair, study, or exhibition.
``(c) Except as may be identified subject to reprogramming
procedures, the Bureau of Public Affairs may not expend more than
$950,000 for fiscal year 2004, and such sums as may be necessary for
fiscal year 2005, for the U.S. Diplomacy Center.''.
SEC. 206. PUBLIC AFFAIRS GRANT AUTHORITY.
To the extent that the Secretary of State is otherwise authorized
by law to provide for public affairs activities, the Secretary may do
so by grant, cooperative agreement, or contract.
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
SEC. 301. COST OF LIVING ALLOWANCES.
Section 5924 of Title 5, United States Code, is amended as follows:
(1) By revising section (4)(A) to read as follows:
``(A) An allowance not to exceed the cost of
obtaining such kindergarten, elementary and secondary
educational services as are ordinarily provided without
charge by the public schools in the United States
(including activities required for successful
completion of a grade or course and such educational
services as are provided by the States under the
Individuals with Disabilities Education Act), plus in
those cases when adequate schools are not available at
the post of the employee, board and room, and periodic
transportation between that post and the school chosen
by the employee, not to exceed the total cost to the
Government of the dependent attending an adequate
school in the nearest United States locality where an
adequate school is available, without regard to section
3324(a) and (b) of title 31. When travel from school to
post is infeasible, travel may be allowed between the
school attended and the home of a designated relative
or family friend or to join a parent at any location,
with the allowable travel expense not to exceed the
cost of travel between the school and post. The amount
of the allowance granted shall be determined on the
basis of the educational facility used.''.
(2) By revising section (4)(B) to read as follows:
``(B) The travel expenses of dependents of an
employee to and from a secondary, post-secondary or
post-baccalaureate educational institution, not to
exceed one annual trip each way for each dependent. An
allowance payment under subparagraph (A) of this
paragraph (4) may not be made for a dependent during
the 12 months following his arrival at the selected
educational institution under authority contained in
this subparagraph (B).''.
(3) By inserting a new section 4(C) as follows:
``(C) Allowances provided pursuant to subparagraphs
(A) and (B) above may include, at the election of the
employee and in lieu of transportation thereof, payment
or reimbursement of the costs incurred to store the
baggage at or in the vicinity of the school during the
dependent's annual trip between the school and the
employee's duty station, provided that such payment or
reimbursement may not exceed the cost that the
Government would incur to transport the baggage with
the dependent in connection with the annual trip.''.
SEC. 302. WAIVER OF ANNUITY LIMITATIONS ON RE-EMPLOYED FOREIGN SERVICE
ANNUITANTS.
(a) Section 824(g) of the Foreign Service Act of 1980 (22 U.S.C.
4064(g)) is amended to read as follows:
``(g) The Secretary may waive the application of paragraphs (a)
through (d) of this section, on a case by case basis, for an annuitant
re-employed on a temporary basis--
``(i) if, and for so long as, the authority is necessary
due to an emergency involving a direct threat to life or
property or other unusual circumstances; or
``(ii) in positions for which there is exceptional
difficulty in recruiting or retaining a qualified employee.''.
(b) Effective October 1, 2005, section 824(g), as amended by this
section, is further amended to read as follows:
``(g) The Secretary may waive the application of paragraphs (a)
through (d) of this section, on a case by case basis, for an annuitant
re-employed on a temporary basis, but only if, and for so long as,
the authority is necessary due to an emergency involving a direct
threat to life or property or other unusual circumstances.''.
SEC. 303. FELLOWSHIP OF HOPE PROGRAM.
The Secretary of State is authorized to establish the Fellowship of
Hope program under which employees of the governments of designated
countries may be assigned to an office of profit or trust in the
Department of State and continue to receive salary and other benefits
from those governments, in exchange for assignments of a member of the
Foreign Service to the governments of the designated foreign countries.
The Secretary of State shall administer this program in a manner
consistent with the national security and foreign policy interests of
the United States, in consultation with the Attorney General and the
Director of Central Intelligence.
SEC. 304. CLAIMS FOR LOST PAY.
Section 2 of the State Department Basic Authorities Act (22 U.S.C.
2669) is amended by adding a new subsection (o) as follows:
``(o) make administrative corrections or adjustments to an
employee's pay, allowances, or differentials, resulting from mistakes
or retroactive personnel actions, as well as provide back pay and other
categories of payments under the Back Pay Act as part of the settlement
or compromise of administrative claims or grievances filed against the
Department.''.
SEC. 305. SUSPENSION OR ENFORCED LEAVE.
(a) Notwithstanding any other provision of law, and pending final
resolution of the matter, the Secretary may suspend a member of the
Foreign Service without pay, or place the member on enforced leave
without pay--
(1) where there is an investigation regarding the
revocation of an employee's security clearance or a suspension
of an employee's security clearance; or
(2) where there is reasonable cause to believe a member has
committed a crime for which a sentence of imprisonment may be
imposed and there is a nexus to the efficiency of the Service;
or
(3) for such other cause as will promote the efficiency of
the service;
(b) Any member suspended or placed on enforced leave pursuant to
subsection (a) shall be entitled to--
(1) at least 30 days advance written notice of the specific
reasons for such suspension, unless there is reasonable cause
to believe the employee has committed a crime for which a
sentence of imprisonment may be imposed;
(2) a reasonable time, not less than seven days, to answer
orally and in writing;
(3) be represented by an attorney or other representative;
and
(4) a final written decision.
(c) Any member suspended or placed on enforced leave pursuant to
this section shall be entitled to grieve such action in accordance with
procedures applicable to grievances under chapter 11 of this Act. The
review by the Foreign Service Grievance Board with respect to such a
grievance shall be limited:
(1) in the case of an action pursuant to subparagraph
(a)(1) only to a determination whether the procedures set forth
in subsection (b) were followed, and
(2) in the case of an action pursuant to subparagraph
(a)(2), only to a determination of whether the reasonable cause
requirements have been fulfilled and whether there is a nexus
between the conduct and the efficiency of the Service; and
(3) in the case of a suspension pursuant to subparagraph
(a)(3), only to a determination whether the action promotes the
efficiency of the service.
(d) In no case regarding an appeal pursuant to this section may the
Foreign Service Grievance Board order prescriptive relief.
SEC. 306. HOME LEAVE.
(a) Section 901(6) of the Foreign Service Act (22 U.S.C. 4081(6))
is amended by striking ``unbroken by home leave'' wherever that phrase
occurs.
(b) Section 903(a) of the Foreign Service Act (22 U.S.C. 4083) is
amended by striking ``18 months'' and inserting ``12 months''.
SEC. 307. OMBUDSMAN FOR THE DEPARTMENT OF STATE.
(a) There is established in the Office of the Secretary of State
the position of Ombudsman. The Ombudsman shall report directly to the
Secretary of State.
(b) At the discretion of the Secretary of State, the Ombudsman
shall participate in meetings regarding the management of the
Department in order to assure that all employees may contribute to the
achievement of the Department's responsibilities and to promote the
career interests of all employees.
(c) Conforming Amendment.--Subsection (c) of section 172 of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (as
codified in 22 U.S.C. 2664a(c)) is deleted, and subsection (d)
renumbered accordingly.
SEC. 308. REPEAL OF RECERTIFICATION REQUIREMENT FOR SENIOR FOREIGN
SERVICE.
Section 305(d) of the Foreign Service Act of 1980 (22 U.S.C.
3945(d)) is hereby repealed.
TITLE IV--INTERNATIONAL ORGANIZATIONS
SEC. 401. RAISING THE CAP ON PEACEKEEPING CONTRIBUTIONS.
(a) In General.--Section 404 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by
amending subparagraph (B), added by section 402 of Public Law 107-228
(FY 2003 Foreign Relations Authorization Act), to amend subparagraph
(iv) as follows and add subparagraph (v) at the end:
``(iv) For assessments made during calendar
year 2004, 27.1 percent.
``(v) For assessments made during calendar
year 2005, 27.1 percent.''.
TITLE V--SUPPORTING THE WAR ON TERRORISM
SEC. 501. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
Section 219 of the Immigration and Nationality Act (8 U.S.C. 1189)
is amended as follows:
(1) Duration of designation.--
(A) in subparagraph 219(a)(4)(A), by striking the
words ``Subject to paragraphs (5) and (6), a'' and
adding ``A'' and by striking the words ``for a period
of 2 years beginning on the effective date of the
designation under paragraph (2)(B)'' and adding ``until
revoked under paragraphs (5) or (6) or set aside
pursuant to subparagraph (c)'' in lieu thereof;
(B) by revising subparagraph 219(a)(4)(B) to read
as follows:
``(B) Review of designation upon petition.--
``(i) In general.--The Secretary shall
review the designation of a foreign terrorist
organization under the procedures set forth in
(ii)-(iii) if the designated organization files
a petition for revocation within the petition
period. If the organization has not previously
filed a petition for revocation under this
subparagraph, the petition period begins once
two years have elapsed from the date of
designation. If the designated organization has
previously filed a petition under this
subparagraph, then the petition period begins
once two years have elapsed from the date of
its last petition.
``(ii) Procedures.--Any foreign terrorist
organization that submits a petition under this
subparagraph must provide evidence in that
petition that the relevant circumstances
described in paragraph (1) no longer exist with
respect to the organization.
``(iii) The Secretary shall complete his or
her review of any petition from a designated
organization that is filed within the petition
20 period and shall make a determination
concerning revocation of the designation within
180 days after receiving the petition. The
Secretary may consider classified information
in making a determination in response to a
petition. Classified information shall not be
subject to disclosure for such time as it
remains classified, except that such
information may be disclosed to a court ex
parte and in camera for purposes of judicial
review under subsection (c). A determination
under this clause shall be published in the
Federal Register, and any revocation under this
subparagraph shall be made under the procedures
set forth in paragraph (6).'';
(C) by adding a new subparagraph 219(a)(4)(C) to
read as follows:
``(C) Other review of designation.--
``(i) In general.--The Secretary shall
review the designation of each foreign
terrorist organization at least once every four
years in order to determine whether it should
be revoked pursuant to paragraph (6). If such
review does not take place pursuant to
subparagraph (4)(B) in response to a petition
for revocation that is filed during the
petition period, then it shall be conducted
pursuant to procedures to be developed by the
Secretary, and neither the results of such
review nor the applicable procedures shall be
reviewable in any court.
``(ii) The Secretary shall publish the
results of any review conducted pursuant to
this subparagraph in the Federal Register.'';
(D) in subparagraph 219(a)(6)(A), by deleting the
words ``or a redesignation made under paragraph
(4)(B)'' and by adding ``at any time, and shall revoke
a designation upon completion of a review conducted
pursuant to subparagraphs (4)(B) or (4)(C)'';
(E) in subparagraph 219(a)(6)(A)(i), by deleting
the words ``or a redesignation'';
(F) in subparagraph 219(a)(7), by deleting ``, or
the revocation of a redesignation under paragraph
(6),''; and
(G) in subparagraph 219(a)(8), by deleting ``, or
if a redesignation under this subsection has become
effective under subsection (b)(4)(B),'' and by deleting
``or redesignation.''.
(2) Aliases.--By inserting a new subsection (b) as follows
and relettering the following subsections accordingly:
``(b) Amendments to a Designation.--
``(1) In general.--The Secretary is authorized to amend a
designation under the provisions of this subsection if the
Secretary finds that the organization has changed its name,
adopted a new alias, dissolved and then reconstituted itself
under a different name or names, or merged-with another
organization.
``(2) Procedure.--Such amendments shall be effective upon
publication in the Federal Register and the provisions of
subparagraphs (a)(2)(B) and (a) (2)(C) shall apply. The
procedures and rules set forth in paragraphs (a)(4), (5), (6),
(7), and (8) shall also apply to amended designations.
``(3) Any such amendment shall be reported to the
appropriate Congressional committees within 30 days of
publication pursuant to subparagraph (a)(2)(A)(i).
``(4) The administrative record may be amended to include
such new or additional names and any additional relevant
information to support the amendment.
``(5) The Secretary may consider classified information in
making an amendment under this subsection. Classified
information shall not be subject to disclosure for such time as
it remains classified, except that such information may be
disclosed to a court ex parte and in camera for purposes of
judicial review under subsection (c).''.
(3) Technical amendments.--
(A) In subparagraph 219(a)(3)(B), by changing
``subsection (b)'' to ``subsection (c)''.
(B) In subsection 219(c)(1), as amended by this
section, by striking the phrase after ``publication''
and before ``in the United States Court of Appeals''
and inserting ``in the Federal Register of a
designation, an amended designation, or a determination
in response to a petition for revocation, the
designated organization may seek judicial review in the
United States'' in lieu thereof.
(C) In subsection 219(c)(2), (3), and (4), as
amended by this section, by adding ``, amendment, or
determination'' after ``designation'' wherever it
occurs.
(4) Savings provision.--The term ``designation'' includes
all previous redesignations made pursuant to subparagraph
219(a)(4) prior to the effective date of this Act, and such
redesignations shall continue to be effective until revoked as
provided in paragraphs (a)(5) or (a)(6).
TITLE VI--SECURITY ASSISTANCE
SEC. 601. RESTRICTIONS ON ECONOMIC SUPPORT FUNDS FOR LEBANON.
Section 1224 of the Foreign Relations Authorization Act, Fiscal
Year 2003'' is amended by inserting after ``lapses.'':
``(c) Exception.--Subsection (a) shall not apply to such assistance
otherwise subject to the restriction set forth therein that is made
available to address the water needs of Southern Lebanon.''.
SEC. 602. THRESHOLDS FOR CONGRESSIONAL NOTIFICATION OF FMS AND
COMMERCIAL ARMS TRANSFERS.
The Arms Export Control Act is amended--
(1) in section 36(b)--
(A) in paragraph (1)--
(i) by striking ``Subject to paragraph 6,
in'', and inserting in lieu thereof ``(1) In'';
(ii) by striking ``$14,000,000'' and
inserting in lieu thereof ``$100,000,000'';
(iii) by striking ``$50,000,000'' and
inserting in lieu thereof ``$200,000,000'';
(iv) by striking ``$200,000,000'' and
inserting in lieu thereof ``$500,000,000''; and
(v) by inserting ``and in any case in which
the President concludes doing so would be
appropriate,'' before ``before such letter of
offer is issued'';
(B) in paragraph (5)(C)--
(i) by striking ``Subject to paragraph (6),
if'' and inserting in lieu thereof ``If'';
(ii) by striking ``$14,000,000'' and
inserting in lieu thereof ``$100,000,000'';
(iii) by striking ``$50,000,000'' and
inserting in lieu thereof ``$200,000,000'';
(iv) by striking ``$200,000,000'' and
inserting in lieu thereof ``$500,000,000''; and
(v) by inserting ``and in any case in which
the President concludes doing so would be
appropriate,'' before ``then the President
shall submit''; and
(C) by striking paragraph (6);
(2) in section 36(c)--
(A) in paragraph (1)--
(i) by striking ``Subject to paragraph (5),
in'', and by inserting in lieu thereof ``In'';
(ii) by striking ``$14,000,000'' and
inserting in lieu thereof ``$100,000,000'';
(iii) by striking ``$50,000,000'' and
inserting in lieu thereof ``$200,000,000'';
(iv) by inserting ``and in any case in
which the President concludes doing so would be
appropriate,'' before ``before issuing such
license''; and
(B) in paragraph 2 by striking ``(A) and (B)'' and
inserting in lieu thereof ``(A), (B) and (C)''; and
(C) by striking paragraph (5);
(3) in section 3(d)--
(A) in paragraphs (1) and (3)(A) by striking
``Subject to paragraph (5), the'' and inserting in lieu
thereof ``The'';
(B) in paragraphs (1) and (3)(A) by striking
``$14,000,000'' and inserting in lieu thereof
``$100,000,000'';
(C) in paragraphs (1) and (3)(A) by striking
``$50,000,000'' and inserting in lieu thereof
``$200,000,000''; and
(D) by striking paragraph (5).
SEC. 603. BILATERAL AGREEMENT REQUIREMENTS RELATING TO LICENSING OF
DEFENSE EXPORTS.
The Arms Export Control Act is amended in section 38(j) as
follows--
(1) by adding a new paragraph (5)--
``(5) Waiver.--Any of the requirements for a bilateral
agreement set forth in paragraph (2) may be waived if the
President determines that to do so is important to the national
interests, in particular the foreign policy, of the United
States, and, prior to exercising this authority, provides
notification to the appropriate congressional committees of his
intent to exercise this authority, the justification for, and
the extent of the exercise of this authority. The certification
requirement of paragraph 3(A) may be met where the President
has exercised this authority.''; and
(2) by adding a new paragraph (4)(C)--
``(C) United states origin defense items.--The term
`United States origin defense items' means those
defense items that would be exempt from United States
defense export licensing requirements under an
anticipated country exemption extended in accordance
with the authority of this subsection.''.
SEC. 604. AUTHORIZATION OF APPROPRIATIONS.
(a) Grants Under Arms Export Control Act.--There is authorized to
be appropriated to the President for grant assistance under section 23
of the Arms Export Control Act (22 U.S.C. 2763) and for the subsidy
cost, as defined in section 502(5) of the Federal Credit Reform Act of
1990, of direct loans under such section $4,414,000,000 for fiscal year
2004 and such sums as may be necessary for FY 2005.
(b) International Military Education and Training.--There is
authorized to be appropriated to the President $91,700,000 for fiscal
year 2004 and such sums as may be necessary for fiscal year 2005 to
carry out chapter 5 of part II of the Foreign Assistance Act of 1961,
as amended (22 U.S.C. 2347, et seq.).
(c) Nonproliferation, Anti-Terrorism, Demining, and Related
Programs.--There is authorized to be appropriated under
``Nonproliferation, Anti-Terrorism, Demining, and Related Programs''
$385,200,000 for fiscal year 2004 and such sums as may be necessary for
fiscal year 2005.
SEC. 605. COOPERATIVE THREAT REDUCTION PERMANENT WAIVER.
(a) Authority To Waive Restrictions and Eligibility Requirements.--
if the President submits the certification and report described in
subsection (b) with respect to an independent state of the former
Soviet Union for a fiscal year--
(1) the restrictions in subsection (d) of section 1203 of
the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952)
shall cease to apply, and funds may be obligated and expended
under that section for assistance, to that state during that
fiscal year; and
(2) funds may be obligated and expended during that fiscal
year under section 502 of the FREEDOM Support Act (22 U.S.C.
5852) for assistance or other programs and activities for that
state even if that state has not met one or more of the
requirements for eligibility under paragraphs (1) through (4)
of that section.
(b) Certification and Report.--
(1) The certification and report referred to in subsection
(a) are a written certification submitted by the President to
Congress that the waiver of the restrictions and requirements
described in paragraphs (1) and (2) of that subsection during
such fiscal year is important to the national security
interests of the United States, together with a report
containing the following:
(A) A description of the activity or activities
that prevent the President from certifying that the
state is committed to the matters set forth in the
provisions of law specified in paragraphs (1) and (2) of subsection (a)
in such fiscal year.
(B) An explanation of why the waiver is important
to the national security interests of the United
States.
(C) A description of the strategy, plan, or policy
of the President for promoting the commitment of the
state to, and compliance by the state with, such
matters, notwithstanding the waiver.
(2) The matter included in the report under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 606. CONGRESSIONAL NOTIFICATION FOR COMPREHENSIVE DEFENSE EXPORT
AUTHORIZATIONS.
Section 36(d)(1) of the Arms Export Control Act (Public Law 90-629)
is amended to add the following new sentences at the end after
``subsection.'':
``Notwithstanding section 27(g) of this Act, the provisions of
this subsection shall also apply in the case of an approval
under section 38 of this Act of a comprehensive export
authorization provided for in section 126.14 of the
International Traffic in Arms Regulations where the estimated
total value of the transfers anticipated at the time of
application meets the value thresholds of subsection (c)(1).
The provisions shall also apply to amendments to such
comprehensive authorizations that involve the addition to the
authorization of a new country entering into a related
cooperative agreement with the United States Government or
memorandum of understanding with the Department of Defense to
participate in cooperative activities referred to in such
authorizations.''.
SEC. 607. EXPANSION OF AUTHORITIES FOR LOAN OF MATERIAL, SUPPLIES, AND
EQUIPMENT FOR RESEARCH AND DEVELOPMENT PURPOSES.
Section 65 of the Arms Export Control Act (22 U.S.C. 2796d) is
amended--
(1) in paragraph (1) of subsection (a)--
(A) by striking ``Except as provided in subsection
(c), the Secretary of Defense, with the concurrence of
the Secretary of State, may loan to a country that is a
NATO or major non-NATO ally'' and inserting ``Except as
provided in subsection (c), the Secretary of Defense
may loan to--
``(i) a NATO organization or a country that
is a NATO ally:
``(ii) a major non-NATO ally; or
``(iii) a friendly foreign country''; and
(B) by striking ``The Secretary may accept as a
loan or a gift from a country that is a NATO or major
non-NATO ally'' and inserting ``The Secretary may
accept as a loan or a gift from--
``(i) a NATO organization or a country that
is a NATO ally;
``(ii) a major non-NATO ally; or
``(iii) a friendly foreign country''; and
(2) by amending subsection (d) to add after ``United
States)'' the following:
``and the term `friendly foreign country' means any country not a
member of the North Atlantic Treaty Organization designated as a
friendly foreign country for purposes of section 27(j)(2) of this
Act''.
SEC. 608. ESTABLISH DOLLAR THRESHOLD FOR CONGRESSIONAL NOTIFICATION OF
EXCESS DEFENSE ARTICLES THAT ARE SIGNIFICANT MILITARY
EQUIPMENT.
Section 516(f)(1) of the Foreign Assistance Act of 1961, as
amended, (22 U.S.C. 2321j) is amended by striking the clause ``excess
defense articles that are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or''.
SEC. 609. WAIVER OF NET PROCEEDS RESULTING FROM THE DISPOSAL OF U.S.
DEFENSE ARTICLES PROVIDED TO A FOREIGN COUNTRY ON A GRANT
BASIS.
Section 505(f) of the Foreign Assistance Act of 1961, as amended,
(22 U.S.C. 2314(f)) is amended--
(1) by striking in the second sentence ``In the case of
items which were delivered prior to 1985, the'' and inserting
in lieu thereof ``The''; and,
(2) by adding after the second sentence the following:
``A waiver is not required for a country to retain such net proceeds if
the net proceeds are five per cent or less of the original acquisition
value of the items.''.
SEC. 610. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE ARTICLES IN
THE WAR RESERVE STOCKPILES FOR ALLIES TO ISRAEL.
(a) Authority.--
(1) Notwithstanding Section 514 of the Foreign Assistance
Act of 1961, as amended, (22 U.S.C. 2321h), the President may
transfer to Israel, in return for concessions to be negotiated
by the Secretary of Defense, any or all of the items described
in paragraph (2).
(2) The items referred to in paragraph (1) are munitions
such as armor, artillery, automatic weapons ammunition,
missiles, and other munitions that--
(A) are obsolete or surplus items;
(B) are in the inventory of the Department of
Defense;
(C) are intended for use as reserve stocks for
Israel; and
(D) as of the date of enactment of this Act, are
located in a stockpile in Israel.
(b) Concessions.--The value of concessions negotiated pursuant to
subsection (a) shall be at least equal to the fair market value of the
items transferred. The concessions may include cash compensation,
services, waiver of charges otherwise payable by the United States, and
other items of value.
(c) Advance Notification of Transfer.--Not less than 30 days before
making a transfer under the authority of this section, the President
shall transmit to the Committee on Foreign Relations and Armed Services
Committee of the Senate and the Committee on International Relations
and the Armed Services Committee of the House of Representatives a
notification of the proposed transfer. The notification shall identify
the items to be transferred and the concessions to be received.
(d) Expiration of Authority.--No transfer may be made under the
authority of this section five years after the date of enactment of
this Act.
SEC. 611. ADDITIONS TO U.S. WAR RESERVE STOCKPILES FOR ALLIES.
Section 514(b)(2) of the Foreign Assistance Act of 1961 as amended
(22 U.S.C. 2321h(b)), is amended--
(1) in subparagraph (A) by striking ``$50,000,000'' and
``2001'', and inserting in lieu thereof ``$100,000,000'' and
``2004'', respectively; and
(2) in subparagraph (B) by striking $50,000,000'' and
``Republic of Korea'' and inserting in lieu thereof
``$100,000,000'' and ``Israel'', respectively.
SEC. 612. PROVISION OF CATALOGING DATA AND SERVICES.
Section 21(h)(2) of the Arms Export Control Act (22 U.S.C.
2761(h)(2)) is amended by striking ``or to any member government of
that Organization if that Organization or member government'' and
inserting ``, to any member of that Organization, or to the government
of any other country if that Organization, member government, or other
government''.
SEC. 613. PROVISION TO EXERCISE WAIVERS WITH RESPECT TO PAKISTAN.
Public Law 107-57, an Act to Authorize the President to Exercise
Waivers of Foreign Assistance Restrictions with Respect to Pakistan, is
amended--
(1) in section 1(a), by striking ``2002'', wherever
appearing (including in the caption), and inserting in lieu
thereof ``2004'';
(2) in section 1(b), by striking ``2003'', wherever
appearing (including in the caption), and inserting in lieu
thereof ``2005'';
(3) in section 2, by striking ``prior to January 1,
2001,'';
(4) in section 3(2), by striking ``Foreign Operations,
Export Financing, and Related Programs Appropriations Acts,
2002, as is'' and inserting in lieu thereof ``annual foreign
operations, export financing, and related programs
appropriations Acts for fiscal years 2002, 2003, 2004, and
2005, as are''; and
(5) in section 6, by striking ``2003'' and inserting in
lieu thereof ``2005''.
TITLE VII--INTERNATIONAL PARENTAL CHILD ABDUCTION PREVENTION ACT OF
2003
SEC. 701. SHORT TITLE.
This Act shall be cited as the ``International Parental Child
Abduction Prevention Act of 2003''.
SEC. 702. INADMISSIBILITY OF ALIENS SUPPORTING INTERNATIONAL CHILD
ABDUCTORS AND RELATIVES OF SUCH ABDUCTORS.
(a) In General.--Section 212(a)(10)(C)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(10)(C) (ii)) is amended--
(1) in subclause (I), by striking the comma at the end and
inserting in its place a semicolon;
(2) in subclause (II), by striking the comma before ``or''
at the end and inserting in its place a semicolon;
(3) by amending subclause (III) to read as follows:
``(III) is a spouse (other than a
spouse who is the parent of the
abducted child), son or daughter (other
than the abducted child), grandson or
granddaughter (other than the abducted
child), parent, grandparent, sibling,
cousin, uncle, aunt, nephew, or niece
of an alien described in clause (i), or
is a spouse of the abducted child
described in clause (i), if such person
has been designated by the Secretary of
State, in the Secretary of State's sole
and unreviewable discretion,'';
(4) by separating the final general clause from subclause
(III) as amended by subsection (a) (3) of this section; and
(5) by amending the final general clause to read as
follows:
``is inadmissible until the child described in
clause (i) is surrendered to the person granted
custody by the order described in that clause,
and such person and child are permitted to
return to the United States or such person's
place of residence, or until the abducted child
is 21 years of age.''.
(b) Authority To Cancel Certain Designations; Identification of
Aliens Supporting Abductors and Relatives of Abductors; Entry of
Abductors and Other Inadmissible Aliens in Visa Lookout System;
Definitions.--Section 212(a)(10)(C) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(10)(C)) is amended by adding at the end the
following:
``(iv) Authority to cancel certain
designations.--The Secretary of State may, in
his sole and unreviewable discretion and at any
time, cancel a designation made pursuant to
Section 212(a)(10)(C)(ii)(III) .
``(v) Identification of aliens supporting
abductors and relatives of abductors.--In all
instances in which the Secretary of State knows
that an alien has committed an act described in
clause (i), the Secretary of State shall take
appropriate action to identify the individuals
who are potentially inadmissible under clause
(ii).
``(vi) Entry of abductors and other
inadmissible persons in visa lookout system.--
In all instances in which the Secretary of
State knows that an alien has committed an act
described in clause (i), the Secretary of State
shall take appropriate action to cause the
entry into the visa lookout system of the name
or names of, and identifying information about,
such individual and of any persons identified
pursuant to clause (v) as potentially
inadmissible under clause (ii).
``(vii) Definitions.--For purposes of this
subparagraph--
``(I) the term `child' means a
person under twenty-one years of age
regardless of marital status; and
``(II) the term `sibling' includes
step-siblings and half-siblings.''.
(c) Annual Report.--The Secretary of State shall submit to the
Committee on International Relations and the Committee on the Judiciary
of the United States House of Representatives, and the Committee on
Foreign Relations and the Committee on the Judiciary of the United
States Senate, for the year beginning on the first day of the first
full month after the date of enactment of this Act, and for each of the
four subsequent years, an annual report that describes the operation of
Section 212(a)(10)(C) of the Immigration and Nationality Act, as
amended by this Title, during the year to which the report pertains.
Each such annual report shall be submitted not later than 60 days after
the end of the applicable reporting period. As part of the required
description of the Act's operation, and to the extent corresponding
data are reasonably available, each such annual report shall specify--
(1) the number of cases known to the Secretary of State,
disaggregated according to the nationality of the aliens
concerned, in which a visa was denied to an applicant on the
basis of the applicant's inadmissibility under Section
212(a)(10)(C) during the reporting period;
(2) the cumulative total number of cases known to the
Secretary of State, disaggregated according to the nationality
of the aliens concerned, in which a visa was denied to an
applicant on the basis of the applicant's inadmissibility under
Section 212(a)(10)(C) since the beginning of the first
reporting period;
(3) the number of cases known to the Secretary of State,
disaggregated according to the nationality of the aliens
concerned, in which an alien's name was placed in the visa
lookout system on the basis of the alien's inadmissibility or
potential inadmissibility under Section 212(a)(10)(C) during
the reporting period; and
(4) the cumulative total number of names, disaggregated
according to the nationality of the aliens concerned, known to
the Secretary of State to appear in the visa lookout system on
the basis of the aliens' inadmissibility or potential
inadmissibility under Section 212(a)(10)(C) at the end of the
reporting period.
TITLE VIII--MISCELLANEOUS PROVISIONS
Subtitle A--Streamlining Reporting Requirements
SEC. 801. REPORTS ON BENCHMARKS FOR BOSNIA.
Section 7(b)(2) of the 1998 Supplemental Appropriations and
Rescissions Act (Public Law 105-174, 112 Stat. 64) and Section 1203 of
the Strom Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261) are repealed.
SEC. 802. REPORT CONCERNING THE GERMAN FOUNDATION ``REMEMBRANCE,
RESPONSIBILITY, AND THE FUTURE''.
Section 704 of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228) is repealed.
SEC. 803. REPORT ON PROGRESS IN CYPRUS.
Section 620C(c) of the Foreign Assistance Act of 1961 (Public Law
87-195) is amended by:
(1) striking in the second sentence ``within 60 days after
the date of enactment of this section and at the end of each
succeeding 60-day period''; and
(2) inserting in its place ``on a semiannual basis''.
SEC. 804. REPORTS ON ACTIVITIES IN COLOMBIA.
Section 694 of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228) is repealed.
SEC. 805. REPORT ON EXTRADITION OF NARCOTICS TRAFFICKERS.
Section 3203 of the 2001 Military Construction Appropriations Act
(Public Law 106-246) is repealed.
SEC. 806. REPORT ON TERRORIST ACTIVITY IN WHICH UNITED STATES CITIZENS
WERE KILLED AND RELATED MATTERS.
Section 805 of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001 (22 U.S.C.
2656f note), as amended by section 216 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228), is repealed.
SEC. 807. REPORT AND WAIVER REGARDING EMBASSY IN JERUSALEM.
The Jerusalem Embassy Act of 1995 (Public Law 104-45) is amended as
follows:
(1) in section 6, by:
(A) striking ``SEMIANNUAL'' in the section heading;
(B) and by striking ``every six months thereafter''
and inserting in its place ``each year thereafter'';
and
(2) in section 7(a)(2) by striking ``for an additional six
month period'' and inserting in its place ``for an additional
one year period''.
SEC. 808. REPORT ON PROGRESS TOWARD REGIONAL NONPROLIFERATION.
Section 620F(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2376(c)) is repealed.
SEC. 809. REPORT ON ANNUAL ESTIMATE AND JUSTIFICATION FOR SALES
PROGRAM.
Section 25 of the Arms Export Control Act (22 U.S.C. 2765) is
repealed.
SEC. 810. ANNUAL FOREIGN MILITARY TRAINING REPORT.
Section 656 of the Foreign Assistance Act of 1961 is amended as
follows:
(1) in paragraph (a)--
(A) by striking ``January 1'' and inserting in lieu
thereof ``March 1'';
(B) after ``personnel'' by inserting ``, excluding
training provided through sales,'';
(C) after ``State'' by inserting ``, which was
completed'';
(D) by striking all that follows after ``previous
fiscal year'' before the period;
(E) by inserting the following new second sentence:
``This paragraph shall not apply with respect to any NATO member,
Australia, New Zealand or Japan unless the Secretaries jointly
determine, after consultation with Congress, that inclusion of any such
country in the report is warranted.''; and
(F) by striking (a) (2);
(2) in paragraph (b)--
(A) in subparagraph (1) after ``purpose for the
activity,'' by inserting ``and'' and after
``operation'' by striking all that follows before the
period;
(B) in subparagraph (3) after ``activity'' the
first time it occurs by striking all that follows
before the period;
(3) in paragraph (c) after ``unclassified form'' by
striking all that follows before the period; and
(4) in paragraph (d) by striking ``All unclassified
portions of the'' and inserting in lieu thereof ``The''.
SEC. 811. REPORT ON HUMAN RIGHTS VIOLATIONS BY IMET PARTICIPANTS
(a) Section 549 of the Foreign Assistance Act of 1961 (22 U.S.C.
2347(h)) is repealed.
(b) Section 548 of the Foreign Assistance Act of 1961 (22 U.S.C.
2347g) is amended by striking paragraphs (b) and (c) in their entirety
and inserting the following:
``(b) Information on Human Rights Abuses.--Upon request of the
Secretary of State for information regarding foreign personnel or
military units, the Secretary of Defense shall provide such information
contained in the database to the Secretary of State. If the Secretary
of State determines 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 State shall
so advise the Secretary of Defense, who shall in turn ensure that the
database is updated to contain such fact and all relevant
information.''.
SEC. 812. REPORT ON THE DEVELOPMENT OF THE EUROPEAN SECURITY AND
DEFENSE IDENTITY (ESDI) WITHIN THE NATO ALLIANCE.
Section 1223 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2075 and 2155,
respectively) is repealed.
SEC. 813. REPORT ON TRANSFERS OF MILITARY SENSITIVE TECHNOLOGY TO
COUNTRIES AND ENTITIES OF CONCERN.
The National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 542, 697, 706, 748, 756, 779, and 798,
respectively) is amended in section 1402, by striking subsection
(b)(2).
Subtitle B--Other Matters
SEC. 814. NUCLEAR REPROCESSING TRANSFER WAIVER.
Section 102(a)(2) of the Arms Export and Control Act (Public Law
90-629) (22 U.S.C. 2799aa-1) is amended in the first sentence by
deleting the phrase ``in any fiscal year'' and the phrase ``during that
fiscal year''.
SEC. 815. COMPLEX FOREIGN CONTINGENCIES.
(a) Purposes.--The President should ensure that assistance provided
to address complex foreign crises is designed to respond on an urgent,
flexible basis, including at the outset, to mitigate without regard to
scale of the crisis, but taking account of the gravity of the crises,
political crises threatening democratic institutions, food,
agricultural or health crises, fiscal or economic crises affecting
countries, regions or ethnic groups. The response should be designed to
best serve United States foreign policy interests, including the
restoration or maintenance of peace and security.
(b) Whenever the President determines it to be important to the
national interest he is authorized to furnish on such terms and
conditions as he may determine assistance under this section for the
purpose of responding to complex foreign crises.
(c) There is hereby established a United States Complex Foreign
Contingency Fund to carry out the purposes of this section. There is
authorized to be appropriated to the President from time to time such
amounts as may be necessary for the fund to carry out the purposes of
this section, which may be made available notwithstanding any other
provision of law. Amounts appropriated hereunder shall remain available
until expended.
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