S 790 IS

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.

April 3, 2003

Mr. LUGAR introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

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.

END