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(A) by striking "In the case of” and inserting "(1) Subject to paragraph (2), in the case of"; and
(B) by adding at the end the following new paragraph: "(2) In the case of an agreement described in paragraph (1) that is entered into with a member country of the North Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand, the limitations in paragraph (1) shall apply only if the agreement involves a lease or loan of
“(A) major defense equipment valued (in terms of its replacement cost less any depreciation in its value) at $25,000,000 or more; or
"(B) defense articles valued (in terms of their replacement cost less any depreciation in their value) at $100,000,000 or more."; and
(4) in section 47 (22 U.S.C. 2794), as amended by section 1202(b) of this Act,
(A) by striking “and” at the end of paragraph (9);
(B) by striking the period at the end of paragraph (10) and inserting “, and"; and
(C) by adding at the end the following new paragraph: “(11) 'Sales territory' means a country or group of countries to which a defense article or defense service is authorized to be reexported.".
(b) LICENSES FOR EXPORTS TO INDIA AND PAKISTAN.—Section 9001(e) of the Department of Defense Appropriations Act, Fiscal Year 2000 (Public Law 106-79) is amended by adding at the end the following: "The application of these requirements shall be subject to the dollar amount thresholds specified in that section.". SEC. 1406. CONGRESSIONAL NOTIFICATION OF REMOVAL OF ITEMS
FROM THE MUNITIONS LIST. Section 38(f)(1) of the Arms Export Control Act (22 U.S.C. 2778(f)(1)) is amended by striking the third sentence and inserting the following: “The President may not remove any item from the Munitions List until 30 days after the date on which the President has provided notice of the proposed removal to the Committee on International Relations of the House of Representatives and to the Committee on Foreign Relations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 1961. Such notice shall describe the nature of any controls to be imposed on that item under any other provision of law.”. TITLE XV-NATIONAL SECURITY
SEC. 1501. BRIEFING ON THE STRATEGY.
Not later than March 31, 2003, officials of the Department and the Department of Defense shall brief the appropriate congressional committees regarding their plans and progress in formulating and implementing a national security assistance strategy. This briefing shall include
(1) a description of how, and to what extent, the elements of the strategy recommended in section 501(b) of the Security Assistance Act of 2000 (22 U.S.C. 2305(b)) have been or will be incorporated in security assistance plans and decisions;
(2) the number of out-years considered in the strategy;
(3) a description of the actions taken to include the programs listed in section 501(c) of the Security Assistance Act of 2000 (22 U.S.C. 2305(c)), as well as similar programs of military training or other assistance to the military or security forces of a foreign country;
(4) a description of how a national security assistance strategy is being implemented regarding specific countries;
(5) a description of any programmatic changes adopted or expected as a result of adopting a strategic approach to security assistance policymaking;
(6) a description of any obstacles encountered in formulating or implementing a national security assistance strategy; and
(7) a description of any resource or legislative needs highlighted by this process. SEC. 1502. SECURITY ASSISTANCE SURVEYS.
(a) UTILIZATION.—The Secretary should utilize security assistance surveys in preparation of a national security assistance strategy pursuant to section 501 of the Security Assistance Act of 2000 (22 U.S.C. 2305).
(b) FUNDING.–Of the amount made available for the fiscal year 2003 under section 23 of the Arms Export Control Act (22 U.S.C. 2763), $2,000,000 is authorized to be available to the Secretary to conduct security assistance surveys, or to request such surveys, on a reimbursable basis, by the Department of Defense or other United States Government agencies. Such surveys shall be conducted consistent with the requirements of section 26 of the Arms Export Control Act (22 U.S.C. 2766).
SEC. 1601. NUCLEAR AND MISSILE NONPROLIFERATION IN SOUTH
ASIA. (a) UNITED STATES POLICY.—It shall be the policy of the United States, consistent with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons (21 U.S.T. 483), to encourage and work with the governments of India and Pakistan to achieve the following objectives by September 30, 2003:
(1) Continuation of a nuclear testing moratorium.
(3) Commitment not to deploy ballistic missiles that can carry nuclear weapons and to restrain the ranges and types of missiles developed or deployed.
(4) Agreement by both governments to bring their export controls in accord with the guidelines and requirements of the Nuclear Suppliers Group.
(5) Agreement by both governments to bring their export controls in accord with the guidelines and requirements of the Zangger Committee.
(6) Agreement by both governments to bring their export controls in accord with the guidelines, requirements, and annexes of the Missile Technology Control Regime.
42 USC 7704 note.
(7) Establishment of a modern, effective system to control the export of sensitive dual-use items, technology, technical information, and materiel that can be used in the design, development, or production of weapons of mass destruction and ballistic missiles.
(8) Conduct of bilateral meetings between Indian and Pakistani senior officials to discuss security issues and establish confidence-building measures with respect to nuclear policies and programs.
(b) FURTHER UNITED STATES POLICY.-It shall also be the policy of the United States, consistent with its obligations under the Treaty on the Nonproliferation of Nuclear Weapons (21 U.S.T. 483), to encourage, and, where appropriate, to work with, the Governments of India and Pakistan to achieve not later than September 30, 2003, the establishment by those governments of modern, effective systems to protect and secure their nuclear devices and materiel from unauthorized use, accidental employment, or theft. Any such dialogue with India or Pakistan would not be represented or considered, nor would it be intended, as granting any recognition to India or Pakistan, as appropriate, as a nuclear weapon state (as defined in the Treaty on the Non-Proliferation of Nuclear Weapons).
(c) REPORT.-Not later than March 1, 2003, the President shall submit to the appropriate congressional committees a report describing United States efforts to achieve the objectives listed in subsections (a) and (b), the progress made toward the achievement of those objectives, and the likelihood that each objective will be achieved by September 30, 2003. SEC. 1602. REAL-TIME PUBLIC AVAILABILITY OF RAW SEISMOLOGICAL
DATA. The head of the Air Force Technical Applications Center shall make available to the public, immediately upon receipt or as soon after receipt as is practicable, all raw seismological data provided to the United States Government by any international monitoring organization that is directly responsible for seismological monitoring SEC. 1603. DETAILING UNITED STATES GOVERNMENTAL PERSONNEL
TO INTERNATIONAL ARMS CONTROL AND NON
PROLIFERATION ORGANIZATIONS. (a) IN GENERAL.- The Secretary, in consultation with the Secretaries of Defense and Energy and the heads of other relevant United States departments and agencies, as appropriate, should develop measures to improve the process by which United States Government personnel may be detailed to international arms control and nonproliferation organizations without adversely affecting the pay or career advancement of such personnel.
(b) REPORT REQUIRED.—Not later than May 1, 2003, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives setting forth the measures taken under subsection (a). SEC. 1604. DIPLOMATIC PRESENCE OVERSEAS. (a) PURPOSE.—The purpose of this section is to
(1) elevate the stature given United States diplomatic initiatives relating to nonproliferation and political-military issues; and
22 USC 2655b.
(2) develop a group of highly specialized, technical experts with country expertise capable of administering the nonproliferation and political-military affairs functions of the Department.
(b) AUTHORITY.—To carry out the purposes of subsection (a), Government the Secretary is authorized to establish the position of Counselor organization. for Nonproliferation and Political Military Affairs in United States diplomatic missions overseas, to be filled by individuals who are career Civil Service officers or Foreign Service officers committed to follow-on assignments in the Nonproliferation Bureau or the Political Military Affairs Bureau of the Department.
(c) TRAINING.–After being selected to serve as Counselor, any person so selected shall spend not less than 10 months in language training courses at the Foreign Service Institute, or in technical courses administered by the Department of Defense, the Department of Energy, or other appropriate departments and agencies of the United States, except that such requirement for training may be waived by the Secretary. SEC. 1605. COMPLIANCE WITH THE CHEMICAL WEAPONS CONVENTION. (a) FINDINGS.-Congress makes the following findings:
(1) On April 24, 1997, the Senate provided its advice and consent to ratification of the Chemical Weapons Convention subject to the condition, among others, that the President certify that no sample collected in the United States pursuant to the Convention will be transferred for analysis to any laboratory outside the territory of the United States.
(2) Congress enacted the same condition into law as section 304(f)(1) of the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6724(f)(i)).
(3) Part II, paragraph 57, of the Verification Annex of the Convention requires that all samples requiring off-site analysis under the Convention shall be analyzed by at least two laboratories that have been designated as capable of conducting such testing by the OPCW.
(4) The only United States laboratory currently designated by the OPCW is the United States Army Edgewood Forensic Science Laboratory.
(5) In order to comply with the Chemical Weapons Convention, the certification submitted pursuant to condition (18) of the resolution of ratification of the Chemical Weapons Convention, and the requirements of section 304(f)(1) of the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6724(f)(1)), the United States must possess, at a minimum, a second OPCW-designated laboratory.
(6) The possession of a second OPCW-designated laboratory is necessary in view of the potential for a challenge inspection to be initiated against the United States by a foreign nation.
(7) The possession of a third OPCW-designated laboratory would enable the OPCW to implement its normal sample analysis procedures, which randomly assign real and manufactured samples so that no laboratory knows the origin of a given sample.
(8) To qualify as a designated laboratory, a laboratory must be certified under ISO Guide 25 or a higher standard and complete three proficiency tests. The laboratory must have the full capability to handle substances listed on Schedule
1 of the Annex on Schedules of Chemicals of the Chemical Weapons Convention. In order to handle such substances in the United States, a laboratory also must operate under bailment agreement with the United States Army.
(9) Several existing United States commercial laboratories have approved quality control systems, already possess bailment agreements with the United States Army, and have the capabilities necessary to obtain OPCW designation.
(10) In order to bolster the legitimacy of United States analysis of samples taken on its national territory, it is preferable that one designated laboratory not be a United States Government facility.
(b) ESTABLISHMENT OF NON-GOVERNMENTAL DESIGNATED LABORATORY.
(1) REPORT.-Not later than March 1, 2003, the United States National Authority, as designated under section 101 of the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6711) (referred to in this section as the "National Authority"), shall submit to the appropriate congressional committees a report detailing a plan for securing OPCW designation of a nongovernmental United States laboratory by December 1, 2004.
(2) DIRECTIVE.-Not later than June 1, 2003, the National Authority shall select, through competitive procedures, a nongovernmental laboratory within the United States to pursue designation by the OPCW.
(3) DELEGATION.—The National Authority may delegate the authority and administrative responsibility for carrying out paragraph (2) to one or more of the heads of the agencies described in section 101(b)(2) of the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6711(b)(2)). (c) DEFINITIONS.—In this section:
(1) CHEMICAL WEAPONS CONVENTION OR CONVENTION.—The term “Chemical Weapons Convention” or “Convention” means the Convention on the Prohibition of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, Opened for Signature and Signed by the United States at Paris on January 13, 1993, including the following protocols and memorandum of understanding:
(A) The Annex on Chemicals.
(C) The Annex on the Protection of Confidential Information.
(D) The Resolution Establishing the Preparatory Commission for the Organization for the Prohibition of Chemical Weapons.
(E) The Text on the Establishment of a Preparatory Commission.
(2) OPCW.—The term “OPCW” means the Organization for the Prohibition of Chemical Weapons established under the Convention.