[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1646 Engrossed in House (EH)]
107th CONGRESS
1st Session
H. R. 1646
_______________________________________________________________________
AN ACT
To authorize appropriations for the Department of State for fiscal
years 2002 and 2003, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Relations Authorization Act,
Fiscal Years 2002 and 2003''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
Sec. 101. Administration of foreign affairs.
Sec. 102. International commissions.
Sec. 103. United States educational and cultural programs.
Sec. 104. Contributions to international organizations.
Sec. 105. Contributions for international peacekeeping activities.
Sec. 106. Grants to the Asia Foundation.
Sec. 107. Voluntary contributions to international organizations.
Sec. 108. Migration and refugee assistance.
Subtitle B--United States International Broadcasting Activities
Sec. 121. Authorizations of appropriations.
TITLE II--AUTHORITIES AND ACTIVITIES OF THE DEPARTMENT OF STATE
Subtitle A--Basic Authorities and Activities
Sec. 201. Continuation of reporting requirements.
Sec. 202. Continuation of other reports.
Sec. 203. Royal Ulster Constabulary training.
Sec. 204. Report concerning elimination of Colombian opium.
Sec. 205. Repeal of provision regarding housing for foreign
agricultural attache.
Sec. 206. Human rights monitoring.
Sec. 207. Correction of Fishermen's Protective Act of 1967.
Sec. 208. International litigation fund.
Sec. 209. Emergency evacuation services.
Sec. 210. Implementation of the Intercountry Adoption Act of 2000.
Sec. 211. Report concerning the effect of Plan Colombia on Ecuador.
Sec. 212. Report concerning efforts to promote Israel's diplomatic
relations with other countries.
Sec. 213. Reports on activities in the Republic of Colombia.
Sec. 214. Report concerning the German Foundation ``Remembrance,
Responsibility, and the Future''.
Subtitle B--Consular Authorities
Sec. 231. Machine readable visas.
Sec. 232. Establishment of a consular branch office in Lhasa, Tibet.
Sec. 233. Establishment of a diplomatic or consular post in Equatorial
Guinea.
Sec. 234. Processing of visa applications.
Sec. 235. United States policy with respect to Jerusalem as the capital
of Israel.
Sec. 236. Denial of visas to supporters of Colombian illegal armed
groups.
Subtitle C--Migration and Refugees
Sec. 251. United States policy regarding the involuntary return of
refugees.
Sec. 252. Report on overseas refugee processing.
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
Subtitle A--Organizational Matters
Sec. 301. Comprehensive workforce plan.
Sec. 302. ``Rightsizing'' overseas posts.
Sec. 303. Qualifications of certain officers of the Department of
State.
Sec. 304. United States Special Coordinator for Tibetan Issues.
Sec. 305. United States Special Envoy for Sudan Issues.
Subtitle B--Personnel Matters
Sec. 331. Report concerning retired members of the Foreign Service and
Civil Service who are registered agents of
a government of a foreign country.
Sec. 332. Tibetan language training.
Sec. 333. Dependents on family visitation travel.
Sec. 334. Thomas Jefferson Star.
Sec. 335. Health education and disease prevention programs.
Sec. 336. Training authorities.
Sec. 337. Foreign national retirement plans.
Sec. 338. Presidential rank awards.
Sec. 339. Emergency medical advance payments.
Sec. 340. Unaccompanied air baggage.
Sec. 341. Special agent authorities.
Sec. 342. Report concerning minority employment.
Sec. 343. Use of funds authorized for minority recruitment.
Sec. 344. Correction of time limit for grievance filing.
Sec. 345. Clarification of separation for cause.
TITLE IV--UNITED STATES EDUCATIONAL AND CULTURAL PROGRAMS OF THE
DEPARTMENT OF STATE
Sec. 401. Extension of requirement for scholarships for Tibetans and
Burmese.
Sec. 402. Nonprofit entities for cultural programs.
Sec. 403. Fulbright-Hays authorities.
Sec. 404. Ethical issues in international health research.
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
Sec. 501. Eliminating staff positions for the Advisory Board for Cuba
Broadcasting.
Sec. 502. Reports on broadcasting personnel.
Sec. 503. Personal services contracting pilot program.
Sec. 504. Pay parity for senior executives of Radio Free Europe and
Radio Liberty.
Sec. 505. Repeal of ban on United States transmitter in Kuwait.
TITLE VI--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
Subtitle A--International Organizations and Commissions
Sec. 601. United Nations arrears payments and reform.
Sec. 602. Travel by advisory committee members to Great Lakes Fishery
Commission annual meeting.
Sec. 603. United States policy on composition of the United Nations
Human Rights Commission.
Sec. 604. United States membership in the International Organization
for Migration.
Sec. 605. Report relating to Commission on Security and Cooperation in
Europe.
Sec. 606. Reports to Congress on United Nations activities.
Subtitle B--American Servicemembers' Protection Act
Sec. 631. Short title.
Sec. 632. Findings.
Sec. 633. Waiver and termination of prohibitions of this Act.
Sec. 634. Prohibition on cooperation with the International Criminal
Court.
Sec. 635. Restriction on United States participation in certain United
Nations peacekeeping operations.
Sec. 636. Prohibition on direct or indirect transfer of certain
classified national security information to
the International Criminal Court.
Sec. 637. Prohibition of United States military assistance to parties
to the International Criminal Court.
Sec. 638. Authority to free members of the Armed Forces of the United
States and certain other persons held
captive by or on behalf of the
International Criminal Court.
Sec. 639. Alliance command arrangements.
Sec. 640. Withholdings.
Sec. 641. Nondelegation.
Sec. 642. Definitions.
TITLE VII--MISCELLANEOUS PROVISIONS
Subtitle A--General Provisions
Sec. 701. Amendments to the Iran Nonproliferation Act of 2000.
Sec. 702. Amendments to the North Korea Threat Reduction Act of 1999.
Sec. 703. Amendments to the International Religious Freedom Act of
1998.
Sec. 704. Continuation of United States Advisory Commission on Public
Diplomacy.
Sec. 705. Participation of South Asia countries in international law
enforcment.
Sec. 706. Participation by small businesses in procurement contracts of
USAID.
Sec. 707. Annual human rights country reports on child soldiers.
Sec. 708. Amendments to the Victims of Trafficking and Violence
Protection Act of 2000.
Sec. 709. Report on extradition efforts between the United States and
foreign governments.
Sec. 710. Payment of anti-terrorism judgments.
Subtitle B--Sense of Congress Provisions
Sec. 731. Sense of Congress relating to HIV/AIDs and United Nations
peacekeeping operations.
Sec. 732. Sense of Congress relating to HIV/AIDS task force.
Sec. 733. Sense of Congress condemning the destruction of pre-Islamic
statues in Afghanistan by the Taliban
regime.
Sec. 734. Sense of Congress relating to resolution of the Taiwan Strait
issue.
Sec. 735. Sense of Congress relating to arsenic contamination in
drinking water in Bangladesh.
Sec. 736. Sense of Congress relating to display of the American flag at
the American Institute in Taiwan.
Sec. 737. Sense of Congress regarding human rights violations in West
Papua and Aceh, including the murder of
Jafar Siddiq Hamzah, and escalating
violence in Maluku and Central Kalimantan.
Sec. 738. Sense of Congress supporting properly conducted elections in
Kosova during 2001.
Sec. 739. Sense of Congress relating to policy review of relations with
the People's Republic of China.
Sec. 740. Sense of Congress relating to broadcasting in the Macedonian
language by Radio Free Europe.
Sec. 741. Sense of Congress relating to Magen David Adom Society.
Sec. 742. Sense of Congress urging the return of portraits painted by
Dina Babbitt during her internment at
Auschwitz that are now in the possession of
the Auschwitz-Birkenau State Museum.
Sec. 743. Sense of Congress regarding Vietnamese refugee families.
Sec. 744. Sense of Congress relating to membership of the United States
in UNESCO.
Sec. 745. Sense of Congress relating to global warming.
Sec. 746. Sense of Congress regarding the ban on Sinn Fein ministers
from the North-South Ministerial Council in
Northern Ireland.
Sec. 747. Sense of Congress relating to the negotiation of effective
extradition treaties.
Sec. 748. Sense of Congress relating to upcoming elections in Fiji,
East Timor, and Peru.
Sec. 749. Sense of Congress regarding the murder of John M. Alvis.
Sec. 750. Sense of Congress relating to remarks by the President of
Syria concerning Israel.
Sec. 751. Sense of Congress relating to environmental contamination and
health effects in the Philippines emanating
from former United States military
facilities.
Sec. 752. Sense of Congress regarding the location of Peace Corps
offices abroad.
Sec. 753. Sense of Congress regarding the mistreatment of United States
civilian prisoners incarcerated by the axis
powers during World War II.
Sec. 754. Sense of Congress regarding purchase of American-made
equipment and products.
Sec. 755. Sense of Congress relating to State Department travel
warnings for Israel, the West Bank, and
Gaza.
TITLE VIII--SECURITY ASSISTANCE
Sec. 801. Short title.
Subtitle A--Military and Related Assistance
Chapter 1--Foreign Military Sales and Related Authorities
Sec. 811. Quarterly report on price and availability estimates.
Sec. 812. Official reception and representation expenses.
Sec. 813. Treatment of Taiwan relating to transfers of defense articles
and services.
Sec. 814. United States policy with regard to Taiwan.
Chapter 2--Excess Defense Article and Drawdown Authorities
Sec. 821. Excess defense articles for certain European and other
countries.
Sec. 822. Leases of defense articles for foreign countries and
international organizations.
Sec. 823. Priority with respect to transfer of excess defense articles.
Chapter 3--Nonproliferation And Export Control Assistance
Sec. 831. International counterproliferation education and training.
Sec. 832. Annual report on the proliferation of missiles and essential
components of nuclear, biological, and
chemical weapons.
Sec. 833. Five-year international arms control and nonproliferation
strategy.
Subtitle B--Strengthening the Munitions Licensing Process
Sec. 841. License officer staffing.
Sec. 842. Funding for database automation.
Sec. 843. Information management priorities.
Sec. 844. Improvements to the automated export system.
Sec. 845. Congressional notification of removal of items from the
munitions list.
Sec. 846. Congressional notification thresholds for allied countries.
Subtitle C--Authority to Transfer Naval Vessels
Sec. 851. Authority to transfer naval vessels to certain foreign
countries.
Subtitle D--Miscellaneous Provisions
Sec. 861. Annual foreign military training reports.
Sec. 862. Report relating to international arms sales code of conduct.
Sec. 863. Assistance to Lebanon.
TITLE IX--IRAN NUCLEAR PROLIFERATION PREVENTION ACT OF 2001
Sec. 901. Short title.
Sec. 902. Withholding of voluntary contributions to the International
Atomic Energy Agency for programs and
projects in Iran.
Sec. 903. Annual review by Secretary of State of programs and projects
of the International Atomic Energy Agency;
United States opposition to programs and
projects of the Agency in Iran.
Sec. 904. Reporting requirements.
Sec. 905. Sense of Congress.
TITLE X--EAST TIMOR TRANSITION TO INDEPENDENCE ACT OF 2001
Sec. 1001. Short title.
Sec. 1002. Findings.
Sec. 1003. Sense of Congress relating to support for East Timor.
Sec. 1004. Bilateral assistance.
Sec. 1005. Multilateral assistance.
Sec. 1006. Peace Corps assistance.
Sec. 1007. Trade and investment assistance.
Sec. 1008. Generalized System of Preferences.
Sec. 1009. Bilateral investment treaty.
Sec. 1010. Plan for establishment of diplomatic facilities in East
Timor.
Sec. 1011. Security assistance for East Timor.
Sec. 1012. Authority for radio broadcasting.
Sec. 1013. Consultation requirement.
TITLE XI--FREEDOM INVESTMENT ACT OF 2001
Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Salaries and expenses of the Bureau of Democracy, Human
Rights, and Labor.
Sec. 1104. Human Rights and Democracy Fund.
Sec. 1105. Reports on actions taken by the United States to encourage
respect for human rights.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Department.--The term ``Department'' means the
Department of State.
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
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 the foreign affairs of the United States and for other
purposes authorized by law, including public diplomacy activities and
the diplomatic security program:
(1) Diplomatic and consular programs.--
(A) Authorization of appropriations.--For
``Diplomatic and Consular Programs'' of the Department
of State, $3,705,140,000 for the fiscal year 2002 and
such sums as may be necessary for the fiscal year 2003.
(B) Limitations.--
(i) Worldwide security upgrades.--Of the
amounts authorized to be appropriated by
subparagraph (A), $487,735,000 for the fiscal
year 2002 and such sums as may be necessary for
the fiscal year 2003 are authorized to be
appropriated only for worldwide security
upgrades.
(ii) Bureau of democracy, human rights, and
labor.--Of the amounts authorized to be
appropriated by subparagraph (A), $16,000,000
for the fiscal year 2002 and $20,000,000 for
the fiscal year 2003 are authorized to be
appropriated only for salaries and expenses of
the Bureau of Democracy, Human Rights, and
Labor.
(iii) Recruitment of minority groups.--Of
the amounts authorized to be appropriated by
subparagraph (A), $2,000,000 for the fiscal
year 2002 and $2,000,000 for the fiscal year
2003 are authorized to be appropriated only for
the recruitment of members of minority groups
for careers in the Foreign Service and
international affairs.
(iv) Mobile library for united states
interests section in cuba.--Of the amounts
authorized to be appropriated by subparagraph
(A), $70,000 for the fiscal year 2002 and
$70,000 for the fiscal year 2003 are authorized
to be appropriated only for the establishment
and operation of a mobile library at the United
States Interests Section in Cuba primarily for
use by dissidents and democracy activists in
Cuba.
(2) Capital investment fund.--For ``Capital Investment
Fund'' of the Department of State, $210,000,000 for the fiscal
year 2002 and such sums as may be necessary for the fiscal year
2003.
(3) Embassy security, construction and maintenance.--In
addition to amounts otherwise authorized to be appropriated for
``Embassy Security, Construction and Maintenance'' by section
604 of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001
(section 604 of division A of H.R. 3427, as enacted into law by
section 1000(a)(7) of Public Law 106-113; appendix G; 113 Stat.
1501A-470), there are authorized to be appropriated for
``Embassy Security, Construction and Maintenance'',
$475,046,000 for the fiscal year 2002 and such sums as may be
necessary for the fiscal year 2003.
(4) Representation allowances.--For ``Representation
Allowances'', $9,000,000 for the fiscal year 2002 and
$9,000,000 for the fiscal year 2003.
(5) Emergencies in the diplomatic and consular service.--
For ``Emergencies in the Diplomatic and Consular Service'',
$15,500,000 for the fiscal year 2002 and $15,500,000 for the
fiscal year 2003.
(6) Office of the inspector general.--For ``Office of the
Inspector General'', $29,264,000 for the fiscal year 2002 and
such sums as may be necessary for the fiscal year 2003.
(7) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $17,044,000
for the fiscal year 2002 and such sums as may be necessary for
the fiscal year 2003.
(8) Protection of foreign missions and officials.--
(A) Amounts authorized to be appropriated.--For
``Protection of Foreign Missions and Officials'',
$10,000,000 for the fiscal year 2002 and $10,000,000
for the fiscal year 2003.
(B) Availability of funds.--Each amount
appropriated pursuant to this paragraph is authorized
to remain available through September 30 of the fiscal
year following the fiscal year for which the amount was
appropriated.
(9) Repatriation loans.--For ``Repatriation Loans'',
$1,219,000 for the fiscal year 2002 and $1,219,000 for the
fiscal year 2003, for administrative expenses.
SEC. 102. 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'', $7,452,000 for
the fiscal year 2002 and such sums as may be necessary
for the fiscal year 2003; and
(B) for ``Construction'', $25,654,000 for the
fiscal year 2002 and such sums as may be necessary for
the fiscal year 2003.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United States
and Canada'', $989,000 for the fiscal year 2002 and such sums
as may be necessary for the fiscal year 2003.
(3) International joint commission.--For ``International
Joint Commission'', $7,282,000 for the fiscal year 2002 and
such sums as may be necessary for the fiscal year 2003.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $19,780,000 for the
fiscal year 2002 and such sums as may be necessary for the
fiscal year 2003.
SEC. 103. UNITED STATES EDUCATIONAL AND CULTURAL PROGRAMS.
The following amounts are authorized to be appropriated for the
Department of State to carry out international activities and
educational and cultural exchange programs under the United States
Information and Educational Exchange Act of 1948, the Mutual
Educational and Cultural Exchange Act of 1961, Reorganization Plan
Number 2 of 1977, the Center for Cultural and Technical Interchange
Between East and West Act of 1960, the Dante B. Fascell North-South
Center Act of 1991, and the National Endowment for Democracy Act, and
to carry out other authorities in law consistent with such purposes:
(1) Educational and cultural exchange programs.--
(A) Fulbright academic exchange programs.--
(i) In general.--For the ``Fulbright
Academic Exchange Programs'' (other than
programs described in subparagraph (B)),
$125,000,000 for the fiscal year 2002 and such
sums as may be necessary for the fiscal year
2003.
(ii) New century scholars initiative--hiv/
aids.--Of the amounts authorized to be
appropriated under clause (i), up to $1,000,000
for the fiscal year 2002 and up to $1,000,000
for the fiscal year 2003 are authorized to be
available only for HIV/AIDS research and
mitigation strategies under the Health Issues
in a Border-Less World academic program of the
New Century Scholars Initiative.
(iii) Tibetan exchanges.--Of the amounts
authorized to be appropriated under clause (i),
$500,000 for the fiscal year 2002 and $500,000
for the fiscal year 2003 are authorized to be
available for ``Ngawang Choephel Exchange
Programs'' (formerly known as educational and
cultural exchanges with Tibet) under section
103(a) of the Human Rights, Refugee, and Other
Foreign Relations Provisions Act of 1996
(Public Law 104-319).
(B) Other educational and cultural exchange
programs.--
(i) In general.--For other educational and
cultural exchange programs authorized by law,
$117,000,000 for the fiscal year 2002 and such
sums as may be necessary for the fiscal year
2003.
(ii) South pacific exchanges.--Of the
amounts authorized to be appropriated under
clause (i), $750,000 for the fiscal year 2002
and $750,000 for the fiscal year 2003 are
authorized to be available for ``South Pacific
Exchanges''.
(iii) East timorese scholarships.--Of the
amounts authorized to be appropriated under
clause (i), $500,000 for the fiscal year 2002
and $500,000 for the fiscal year 2003 are
authorized to be available for ``East Timorese
Scholarships''.
(iv) African exchanges.--Of the amounts
authorized to be appropriated under clause (i),
$500,000 for the fiscal year 2002 and $500,000
for the fiscal year 2003 are authorized to be
available only for ``Educational and Cultural
Exchanges with Sub-Saharan Africa''.
(v) Israel-arab peace partners program.--Of
the amounts authorized to be appropriated under
clause (i), $750,000 for the fiscal year 2002
and $750,000 for the fiscal year 2003 are
authorized to be available only for people-to-
people activities (with a focus on young
people) to support the Middle East peace
process involving participants from Israel, the
Palestinian Authority, Arab countries, and the
United States, to be known as the ``Israel-Arab
Peace Partners Program''.
(vi) Sudanese scholarships.--Of the amounts
authorized to be appropriated under clause (i),
$500,000 for the fiscal year 2002 and $500,000
for the fiscal year 2003 are authorized to be
available only for scholarships for students
from southern Sudan for secondary or
postsecondary education in the United States,
to be known as ``Sudanese Scholarships''.
(2) National endowment for democracy.--For the ``National
Endowment for Democracy'', $36,000,000 for the fiscal year 2002
and $40,000,000 for the fiscal year 2003.
(3) Reagan-fascell democracy fellows.--For a fellowship
program, to be known as the ``Reagan-Fascell Democracy
Fellows'', for democracy activists and scholars from around the
world at the International Forum for Democratic Studies in
Washington, D.C., to study, write, and exchange views with
other activists and scholars and with Americans, $1,000,000 for
the fiscal year 2002 and $1,000,000 for the fiscal year 2003.
(4) Dante b. fascell north-south center.--For ``Dante B.
Fascell North-South Center'' $4,000,000 for the fiscal year
2002 and $4,000,000 for the fiscal year 2003.
(5) Center for cultural and technical interchange between
east and west.--For the ``Center for Cultural and Technical
Interchange between East and West'', $13,500,000 for the fiscal
year 2002 and $13,500,000 for the fiscal year 2003.
SEC. 104. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
under the heading ``Contributions to International
Organizations'' $944,067,000 for the fiscal year 2002 and such
sums as may be necessary for the fiscal year 2003 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.
(2) UNESCO.--
(A) Of the amounts authorized to be
appropriated under paragraph (1), $59,800,000
for the fiscal year 2002 and $59,800,000 for
the fiscal year 2003 is authorized to be
appropriated only for payment of assessed
contributions of the United States to the
United Nations Educational, Scientific and
Cultural Organization (UNESCO).
(B) Of the amounts authorized to be
appropriated under paragraph (1) for the fiscal
year 2002, $5,500,000 is authorized to be
appropriated only for payments to the UNESCO
Working Capital Fund.
(b) Availability of Funds for Civil Budget of NATO.--Of the amounts
authorized to be appropriated under the heading ``Contributions to
International Organizations'' for fiscal year 2002 and for each fiscal
year thereafter such sums as may be necessary are authorized for the
United States assessment for the civil budget of the North Atlantic
Treaty Organization.
(c) Prohibition on Funding Other Framework Treaty-Based
Organizations.--None of the funds made available for the 2002-2003
biennium budget under subsection (a) for United States contributions to
the regular budget of the United Nations shall be available for the
United States proportionate share of any other framework treaty-based
organization, including the Framework Convention on Global Climate
Change, the International Seabed Authority, and the International
Criminal Court.
(d) Foreign Currency Exchange Rates.--
(1) Authorization of appropriations.--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 fiscal years 2002 and 2003 to offset adverse
fluctuations in foreign currency exchange rates.
(2) Availability of funds.--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.
(e) Refund of Excess Contributions.--The United States shall
continue to insist that the United Nations and its specialized and
affiliated agencies shall credit or refund to each member of the agency
concerned its proportionate share of the amount by which the total
contributions to the agency exceed the expenditures of the regular
assessed budgets of these agencies.
SEC. 105. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.
There are authorized to be appropriated under the heading
``Contributions for International Peacekeeping Activities''
$844,139,000 for the fiscal year 2002 and such sums as may be necessary
for the fiscal year 2003 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
peacekeeping activities and to carry out other authorities in law
consistent with such purposes.
SEC. 106. GRANTS TO THE ASIA FOUNDATION.
Section 404 of the Asia Foundation Act (title IV of Public Law 98-
164; 22 U.S.C. 4403), is amended to read as follows:
``Sec. 404. There are authorized to be appropriated to the
Secretary of State $15,000,000 for the fiscal year 2002 and $15,000,000
for the fiscal year 2003 for grants to The Asia Foundation pursuant to
this title.''.
SEC. 107. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated for the Department of State for ``Voluntary Contributions
to International Organizations'', $186,000,000 for the fiscal year 2002
and such sums as may be necessary for the fiscal year 2003.
(b) Limitations on Authorizations of Appropriations.--
(1) World food program.--Of the amounts authorized to be
appropriated under subsection (a), $5,000,000 for the fiscal
year 2002 and $5,000,000 for the fiscal year 2003 are
authorized to be appropriated only for a United States
contribution to the World Food Program.
(2) United nations voluntary fund for victims of torture.--
Of the amounts authorized to be appropriated under subsection
(a), $5,000,000 for the fiscal year 2002 and $5,000,000 for the
fiscal year 2003 are authorized to be appropriated only for a
United States contribution to the United Nations Voluntary Fund
for Victims of Torture.
(3) Organization of american states.--Of the amounts
authorized to be appropriated under subsection (a), $240,000
for the fiscal year 2002 and $240,000 for the fiscal year 2003
are authorized to be appropriated only for a United States
contribution to the Organization of American States for the
Office of the Special Rapporteur for Freedom of Expression in
the Western Hemisphere, solely for the purpose of conducting
investigations, including field visits, to establish a network
of nongovernmental organizations, and to hold hemispheric
conferences, of which $6,000 for each fiscal year is authorized
to be appropriated only for the investigation and dissemination
of information on violations of freedom of expression by the
Government of Cuba, $6,000 for each fiscal year is authorized
to be appropriated only for the investigation and dissemination
of information on violations of freedom of expression by the
Government of Peru, $6,000 for each fiscal year is authorized
to be appropriated only for the investigation and dissemination
of information on violations of freedom of expression by the
Government of Colombia, and $6,000 for each fiscal year is
authorized to be appropriated only for the investigation and
dissemination of information on violations of freedom of
expression by the Government of Haiti.
(c) Restrictions on United States Voluntary Contributions to United
Nations Development Program.--
(1) Limitation.--Of the amounts made available under
subsection (a) for each of the fiscal years 2002 and 2003 for
United States voluntary contributions to the United Nations
Development Program an amount equal to the amount the United
Nations Development Program will spend in Burma during each
fiscal year shall be withheld unless during such fiscal year
the Secretary of State submits to the appropriate congressional
committees the certification described in paragraph (2).
(2) Certification.--The certification referred to in
paragraph (1) is a certification by the Secretary of State that
all programs and activities of the United Nations Development
Program (including United Nations Development Program--
Administered Funds) in Burma--
(A) are focused on eliminating human suffering and
addressing the needs of the poor;
(B) are undertaken only through international or
private voluntary organizations that have been deemed
independent of the State Peace and Development Council
(SPDC) (formerly known as the State Law and Order
Restoration Council (SLORC)), after consultation with
the leadership of the National League for Democracy and
the leadership of the National Coalition Government of
the Union of Burma;
(C) provide no financial, political, or military
benefit to the SPDC; and
(D) are carried out only after consultation with
the leadership of the National League for Democracy and
the leadership of the National Coalition Government of
the Union of Burma.
(d) UNICEF.--There is authorized to be appropriated $120,000,000
for the fiscal year 2002 for a United States voluntary contribution to
UNICEF.
(e) Organizations and Programs That Support Coercive Abortion or
Involuntary Sterilization.--None of the funds authorized to be
appropriated by this Act may be made available to any organization or
program which, as determined by the President of the United States,
supports, or participates in the management of, a program of coercive
abortion or involuntary sterilization.
(f) Availability of Funds.--Amounts authorized to be appropriated
under subsection (a) are authorized to remain available until expended.
SEC. 108. MIGRATION AND REFUGEE ASSISTANCE.
(a) Migration and Refugee Assistance.--
(1) Authorization of appropriations.--There are authorized
to be appropriated for the Department of State for ``Migration
and Refugee Assistance'' for authorized activities,
$817,000,000 for the fiscal year 2002 and $817,000,000 for the
fiscal year 2003.
(2) Limitations.--
(A) Tibetan refugees in india and nepal.--Of the
amounts authorized to be appropriated in paragraph (1),
$2,000,000 for the fiscal year 2002 and $2,000,000 for
the fiscal year 2003 are authorized to be available for
humanitarian assistance, including food, medicine,
clothing, and medical and vocational training, to
Tibetan refugees in India and Nepal who have fled
Chinese-occupied Tibet.
(B) Refugees resettling in israel.--Of the amounts
authorized to be appropriated in paragraph (1),
$60,000,000 for the fiscal year 2002 and $60,000,000
for the fiscal year 2003 are authorized to be available
only for assistance for refugees resettling in Israel
from other countries.
(C) Humanitarian assistance for displaced
burmese.--Of the amounts authorized to be appropriated
in paragraph (1), $2,000,000 for the fiscal year 2002
and $2,000,000 for the fiscal year 2003 are authorized
to be available for humanitarian assistance (including
food, medicine, clothing, and medical and vocational
training) to persons displaced as a result of civil
conflict in Burma, including persons still within
Burma.
(b) Availability of Funds.--Funds appropriated pursuant to this
section are authorized to remain available until expended.
Subtitle B--United States International Broadcasting Activities
SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated to carry out the United States International Broadcasting
Act of 1994, the Radio Broadcasting to Cuba Act, and the Television
Broadcasting to Cuba Act, and to carry out other authorities in law
consistent with such purposes:
(1) International broadcasting operations.--
(A) In general.--For ``International Broadcasting
Operations'', $428,234,000 for the fiscal year 2002,
and such sums as may be necessary for the fiscal year
2003.
(B) Limitations.--
(i) Transmission facilities in belize.--Of
the amounts authorized to be appropriated under
subparagraph (A), $750,000 for the fiscal year
2002 is authorized to be appropriated only for
enhancements to and costs of transmission from
the facilities in Belize.
(ii) Radio free asia.--Of the amounts
authorized to be appropriated under
subparagraph (A), $30,000,000 for the fiscal
year 2002 and $30,000,000 for the fiscal year
2003 are authorized to be appropriated only for
``Radio Free Asia''.
(2) Broadcasting capital improvements.--For ``Broadcasting
Capital Improvements'', $16,900,000 for the fiscal year 2002
and such sums as may be necessary for the fiscal year 2003.
(3) Broadcasting to cuba.--For ``Broadcasting to Cuba'',
$25,000,000 for the fiscal year 2002 and $25,000,000 for the
fiscal year 2003.
(b) Continuation of Additional Authorization for Broadcasting to
the People's Republic of China and Neighboring Countries.--Section 701
of Public Law 106-286 (22 U.S.C. 7001) is amended--
(1) in subsection (a) by striking ``2001'' and inserting
``2002''; and
(2) in subsection (b)(1) by striking ``2001 and 2002'' and
inserting ``2001, 2002, and 2003''.
(c) Additional Authorization of Appropriations for Middle East
Radio Network of Voice of America.--In addition to such amounts as are
made available for the Middle East Radio Network of Voice of America
pursuant to the authorization of appropriations under subsection (a),
there is authorized to be appropriated $15,000,000 for the fiscal year
2002 for the Middle East Radio Network of Voice of America.
TITLE II--AUTHORITIES AND ACTIVITIES OF THE DEPARTMENT OF STATE
Subtitle A--Basic Authorities and Activities
SEC. 201. CONTINUATION OF REPORTING REQUIREMENTS.
(a) Reports on Claims by United States Firms Against the Government
of Saudi Arabia.--Section 2801(b)(1) of the Foreign Affairs Reform and
Restructuring Act of 1998 (as enacted by division G of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999;
Public Law 105-277), is amended by striking ``seventh'' and inserting
``eleventh''.
(b) Reports on Determinations Under Title IV of the Libertad Act.--
Section 2802(a) of the Foreign Affairs Reform and Restructuring Act of
1998 (as enacted by division G of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999; Public Law 105-277),
is amended by striking ``September 30, 2001,'' and inserting
``September 30, 2003,''.
(c) Relations With Vietnam.--Section 2805 of the Foreign Affairs
Reform and Restructuring Act of 1998 (as enacted by division G of the
Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999; Public Law 105-277), is amended by striking ``September 30,
2001,'' and inserting ``September 30, 2003,''.
(d) Reports on Ballistic Missile Cooperation With Russia.--Section
2705(d) of the Foreign Affairs Reform and Restructuring Act of 1998 (as
enacted by division G of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999; Public Law 105-277), is amended
by striking ``and January 1, 2001,'' and inserting ``January 1, 2001,
January 1, 2002, and January 1, 2003''.
SEC. 202. CONTINUATION OF OTHER REPORTS.
(a) Semiannual Reports on United States Support for Membership or
Participation of Taiwan in International Organizations.--Section 704(a)
of the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (section 704(a) of
division A of H.R. 3427, as enacted into law by section 1000(a)(7) of
Public Law 106-113, appendix G; 113 Stat. 1501A-460), is amended by
striking ``and 2001,'' and inserting ``, 2001, 2002, and 2003,''.
(b) Report on Terrorist Activity in Which United States Citizens
Were Killed and Related Matters.--Section 805(a) of the Admiral James
W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal
Years 2000 and 2001 (section 805(a) of division A of H.R. 3427, as
enacted into law by section 1000(a)(7) of Public Law 106-113; appendix
G; 113 Stat. 1501A-470), is amended by striking ``October 1, 2001,''
and inserting ``October 1, 2003,''.
(c) Report on Compliance with the Hague Convention on the Civil
Aspects of International Child Abduction.--Section 2803(a) of the
Foreign Affairs Reform and Restructuring Act of 1998 (as contained in
division G of Public Law 105-277), is amended in the first sentence by
striking ``2001,'' and inserting ``2003,''.
SEC. 203. ROYAL ULSTER CONSTABULARY TRAINING.
(a) Report on Past Training Programs.--Section 405(b) of the
Admiral James W. Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001 (as enacted into law by section
1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-447), is amended in
the matter preceding paragraph (1)--
(1) by striking ``The President'' and inserting ``Not later
than 60 days after the date of the enactment of the Foreign
Relations Authorization Act, Fiscal Years 2002 and 2003, the
President''; and
(2) by striking ``during fiscal years 1994 through 1999''
and inserting ``during each of the fiscal years 1994 through
2000''.
(b) Report on Related Matters.--Section 405 of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Report on Related Matters.--Not later than 60 days after the
date of the enactment of the Foreign Relations Authorization Act,
Fiscal Years 2002 and 2003, the President shall report on the
following:
``(1) The extent to which the Government of the United
Kingdom has implemented the recommendations relating to the 175
policing reforms contained in the Patten Commission report
issued on September 9, 1999, including a description of the
progress of the integration of human rights, as well as
recruitment procedures aimed at increasing Catholic
representation, in the new Northern Ireland police force.
``(2) The status of the investigations into the murders of
Patrick Finucane, Rosemary Nelson, and Robert Hamill, including
the extent to which progress has been made on recommendations
for independent judicial inquiries into these murders.''.
(c) Conforming Amendments.--Section 405 of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001, as amended by subsections (a) and (b), is further
amended--
(1) in subsection (a)--
(A) by striking ``the report required by subsection
(b)'' and inserting ``the reports required by
subsections (b) and (c)''; and
(B) by striking ``subsection (c)(1)'' and inserting
``subsection (d)(1)''; and
(2) in subsection (d)(2) (as redesignated)--
(A) in the heading, by striking ``2001'' and
inserting ``2003''; and
(B) by striking ``2001'' and inserting ``2003''.
SEC. 204. REPORT CONCERNING ELIMINATION OF COLOMBIAN OPIUM.
(a) Findings.--The Congress makes the following findings:
(1) There is a growing heroin crisis in the United States
resulting from increasingly cheap, pure, and deadly heroin
flooding into this country, much of it from Colombia.
(2) Interdicting heroin entering the United States is
difficult, in part because it can be trafficked in such small
quantities.
(3) Destruction of opium, from which heroin is derived, at
its source in Colombia is traditionally one of the best
strategies to combat the heroin crisis according to Federal law
enforcement officials.
(b) Report to Congress.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State, through the Bureau
of International Narcotics and Law Enforcement, shall submit to the
Congress a report which outlines a comprehensive strategy to address
the crisis of heroin in the United States due to opium originating from
Colombia including destruction of opium at its source.
SEC. 205. REPEAL OF PROVISION REGARDING HOUSING FOR FOREIGN
AGRICULTURAL ATTACHE.
Section 738 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001 (as
enacted into law by Public Law 106-387; 114 Stat. 1549A-34) is
repealed.
SEC. 206. HUMAN RIGHTS MONITORING.
Funds authorized to be appropriated for the Bureau of Democracy,
Human Rights, and Labor pursuant to section 101(1)(B)(ii) are
authorized to be available to fund positions at United States posts
abroad that are primarily responsible for following human rights
developments in foreign countries and that are assigned at the
recommendation of such bureau in conjunction with the relevant regional
bureau.
SEC. 207. CORRECTION OF FISHERMEN'S PROTECTIVE ACT OF 1967.
Section 7(a)(3) of the Fishermen's Protective Act of 1967 (22
U.S.C. 1977(A)(3)), is amended by striking ``Secretary of Commerce''
and inserting ``Secretary of State''.
SEC. 208. INTERNATIONAL LITIGATION FUND.
Section 38 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2710), is amended by adding at the end the following new
subsection:
``(e) Retention of Funds.--
``(1) In general.--To reimburse the expenses of the United
States Government in preparing or prosecuting a claim against a
foreign government or other foreign entity, the Secretary of
State shall retain 1.5 percent of any amount between $100,000
and $5,000,000, and one percent of any amount over $5,000,000,
received per claim under chapter 34 of the Act of February 27,
1896 (22 U.S.C. 2668a; 29 Stat. 32).
``(2) Treatment.--Amounts retained under the authority of
paragraph (1) shall be deposited into the fund under subsection
(d).''.
SEC. 209. EMERGENCY EVACUATION SERVICES.
Section 4(b)(2)(A) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2671(b)(2)(A)), is amended to read as follows:
``(A) the evacuation when their lives are endangered by
war, civil unrest, or natural disaster of: (i) United States
Government employees and their dependents; and (ii) private
United States citizens or third-country nationals, on a
reimbursable basis to the extent feasible, with such
reimbursements to be credited to the applicable Department of
State appropriation and to remain available until expended. No
reimbursement shall be required which is greater than the
amount the person evacuated would have been charged for a
commercial air fare at the lowest rate available immediately
prior to the onset of the war, civil unrest, or natural
disaster giving rise to the evacuation;''.
SEC. 210. IMPLEMENTATION OF THE INTERCOUNTRY ADOPTION ACT OF 2000.
The Secretary of State, acting through the Assistant Secretary of
State for Consular Affairs, shall consult with the appropriate
congressional committees on a regular basis on the implementation of
the Intercountry Adoption Act of 2000 (Public Law 106-279; 42 U.S.C.
14901 et seq.).
SEC. 211. REPORT CONCERNING THE EFFECT OF PLAN COLOMBIA ON ECUADOR.
(a) Findings.--The Congress makes the following findings:
(1) There is a growing alarm concerning the spillover
effect of Plan Colombia on Ecuador, a frontline state. The
northern region of Ecuador, including the Sucumbios province,
is an area of particular concern. It faces the Colombian
Putumayo zone, where there is no presence of military or law
enforcement personnel.
(2) Activities relating to the implementation of Plan
Colombia have resulted in incursions on Ecuadorian territory by
drug traffickers and guerrilla and paramilitary groups from
Colombia and a concomitant increase in the levels of violence
and delinquency. Recent kidnappings of American and other
foreign nationals, as well as discoveries of clandestine
cocaine laboratories, are especially troublesome.
(3) Ecuador is receiving an influx of Colombian refugees
and its own indigenous communities have been displaced from
their ancestral villages.
(4) Ecuador has demonstrated its moral and political
commitment in the fight against drugs. The agreement signed in
November 1999 with the United States to establish a forward
operating location in Manta is a clear sign of this active
stance.
(5) Ecuador is implementing a comprehensive program aimed
at reinforcing its security mechanisms in the northern border,
as well as converting the area into a buffer zone of peace and
development.
(b) Report to Congress.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State, through the Bureau
of International Narcotics and Law Enforcement, shall submit to
Congress a report which outlines a comprehensive strategy to address
the spillover effect of Plan Colombia on Ecuador.
SEC. 212. REPORT CONCERNING EFFORTS TO PROMOTE ISRAEL'S DIPLOMATIC
RELATIONS WITH OTHER COUNTRIES.
(a) Findings.--The Congress makes the following findings:
(1) Israel is a friend and ally of the United States whose
security is vital to regional stability and United States
interests.
(2) Israel currently maintains diplomatic relations with
162 countries. Approximately 25 countries do not have any
diplomatic relations with Israel and another four countries
have only limited relations.
(3) The government of Israel has been actively seeking to
establish formal relations with a number of countries.
(4) The United States should assist its ally, Israel, in
its efforts to establish diplomatic relations.
(5) After 52 years of existence, Israel deserves to be
treated as an equal nation by its neighbors and the world
community.
(b) Report Concerning United States Efforts to Promote Israel's
Diplomatic Relations With Other Countries.--Not later than 60 days
after the date of the enactment of this Act, and annually thereafter,
the Secretary of State shall submit a report which includes the
following information (in classified or unclassified form, as
appropriate) 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:
(1) Actions taken by representatives of the United States
to encourage other countries to establish full diplomatic
relations with Israel.
(2) Specific responses solicited and received by the
Secretary of State from countries that do not maintain full
diplomatic relations with Israel with respect to the status of
negotiations to enter into diplomatic relations with Israel.
(3) Other measures being undertaken, and measures that will
be undertaken, by the United States to ensure and promote
Israel's full participation in the world diplomatic community.
SEC. 213. REPORTS ON ACTIVITIES IN THE REPUBLIC OF COLOMBIA.
(a) Report on Reform Activities.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of State shall submit to the appropriate
congressional committees a report on the status of activities
funded or authorized, in whole or in part, by the Department of
State in the Republic of Colombia to promote alternative
development, recovery and resettlement of internally displaced
persons, judicial reform, the peace process, and human rights.
(2) Contents.--Each such report shall contain the
following:
(A) A summary of activities described in paragraph
(1) during the previous 180-day period.
(B) An estimated timetable for the conduct of such
activities in the subsequent 180-day period.
(C) An explanation of any delays in meeting
timetables contained in previous reports submitted in
accordance with this subsection.
(D) An assessment of steps to be taken to correct
any delays in meeting such timetables.
(b) Report on Certain Counternarcotics Activities.--
(1) Declaration of policy.--It is the policy of the United
States to encourage the transfer of counternarcotics activities
carried out in the Republic of Colombia by United States
businesses that have entered into agreements with the
Department of State to conduct such activities, to Colombian
nationals, in particular personnel of the Colombian
antinarcotics police, when properly qualified personnel are
available.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, and not later than March 1 of each year
thereafter, the Secretary of State shall submit to the
appropriate congressional committees a report on the activities
of United States businesses that have entered into agreements
with the Department of State to carry out counternarcotics
activities in the Republic of Colombia.
(3) Contents.--Each such report shall contain the
following:
(A) The name of each United States business
described in paragraph (2) and description of the
counternarcotics activities carried out by the business
in Colombia.
(B) The total value of all payments by the
Department of State to each such business for such
activities.
(C) A written statement justifying the decision by
the Department of State to enter into an agreement with
each such business for such activities.
(D) An assessment of the risks to personal safety
and potential involvement in hostilities incurred by
employees of each such business as a result of their
activities in Colombia.
(E) A plan to provide for the transfer of the
counternarcotics activities carried out by such United
States businesses to Colombian nationals, in particular
personnel of the Colombian antinarcotics police.
(4) Definition.--In this subsection, the term ``United
States business'' means any corporation, partnership, or other
organization that employs three or more individuals and is
organized under the laws of the United States.
SEC. 214. REPORT CONCERNING THE GERMAN FOUNDATION ``REMEMBRANCE,
RESPONSIBILITY, AND THE FUTURE''.
(a) Report Concerning the German Foundation ``Remembrance,
Responsibility, and the Future''.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days thereafter until
all funds made available to the German Foundation have been disbursed,
the Secretary of State shall report to the appropriate congressional
committees on the status of the implementation of the Agreement and, to
the extent possible, on whether or not--
(1) during the 180-day period preceding the date of the
report, the German Bundestag has authorized the allocation of
funds to the Foundation, in accordance with section 17 of the
law on the creation of the Foundation, enacted by the Federal
Republic of Germany on August 8, 2000;
(2) the entire sum of DM 10,000,000,000 has been made
available to the German Foundation in accordance with Annex B
to the Joint Statement of July 17, 2000;
(3) during the 180-day period preceding the date of the
report, any company or companies investigating a claim, who are
members of ICHEIC, were required to provide to the claimant,
within 90 days after receiving the claim, a status report on
the claim, or a decision that included--
(A) an explanation of the decision, pursuant to
those standards of ICHEIC to be applied in approving
claims;
(B) all documents relevant to the claim that were
retrieved in the investigation; and
(C) an explanation of the procedures for appeal of
the decision;
(4) during the 180-day period preceding the date of the
report, any entity that elected to determine claims under
Article 1(4) of the Agreement was required to comply with the
standards of proof, criteria for publishing policyholder names,
valuation standards, auditing requirements, and decisions of
the Chairman of ICHEIC;
(5) during the 180-day period preceding the date of the
report, an independent process to appeal decisions made by any
entity that elected to determine claims under Article 1(4) of
the Agreement was available to and accessible by any claimant
wishing to appeal such a decision, and the appellate body had
the jurisdiction and resources necessary to fully investigate
each claim on appeal and provide a timely response;
(6) an independent audit of compliance by every entity that
has elected to determine claims under Article 1(4) of the
Agreement has been conducted; and
(7) the administrative and operational expenses incurred by
the companies that are members of ICHEIC are appropriate for
the administration of claims described in paragraph (3).
The Secretary of State's report shall include the Secretary's
justification for each determination under this subsection.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) the resolution of slave and forced labor claims is an
urgent issue for aging Holocaust survivors, and the German
Bundestag should allocate funds for disbursement by the German
Foundation to Holocaust survivors as soon as possible; and
(2) ICHEIC should work in consultation with the Secretary
of State in gathering the information required for the report
under subsection (a).
(c) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the Agreement
between the Government of the United States of America and the
Government of the Federal Republic of Germany concerning the
Foundation ``Remembrance, Responsibility and the Future'', done
at Berlin July 17, 2000.
(2) Annex b to the joint statement of july 17, 2000.--The
term ``Annex B to the Joint Statement of July 17, 2000'' means
Annex B to the Joint Statement on occasion of the final plenary
meeting concluding international talks on the preparation of
the Federal Foundation ``Remembrance, Responsibility and the
Future'', done at Berlin on July 17, 2000.
(3) German foundation.--The term ``German Foundation''
means the Foundation ``Remembrance, Responsibility and the
Future'' referred to in the Agreement.
(4) ICHEIC.--The term ``ICHEIC'' means the International
Commission on Holocaust Era Insurance Claims referred to in
Article 1(4) of the Agreement.
Subtitle B--Consular Authorities
SEC. 231. MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (8 U.S.C. 1351 note), is amended in the first
sentence of paragraph (3)--
(1) by striking ``2001, and 2002,'' and inserting ``2001,
2002, and 2003,''; and
(2) by striking ``and $316,715,000 for fiscal year 2002''
and inserting ``$414,000,000 for fiscal year 2002, and
$422,000,000 for fiscal year 2003,''.
SEC. 232. ESTABLISHMENT OF A CONSULAR BRANCH OFFICE IN LHASA, TIBET.
The Secretary of State shall make best efforts to establish a
branch office in Lhasa, Tibet, of the United States Consulate General
in Chengdu, People's Republic of China, to monitor political, economic,
and cultural developments in Tibet.
SEC. 233. ESTABLISHMENT OF A DIPLOMATIC OR CONSULAR POST IN EQUATORIAL
GUINEA.
The Secretary of State shall establish a diplomatic or consular
post in Equatorial Guinea.
SEC. 234. PROCESSING OF VISA APPLICATIONS.
It shall be the policy of the Department of State to process
immigrant visa applications of immediate relatives of United States
citizens and nonimmigrant K-1 visa applications of fiances of United
States citizens within 30 days of the receipt of all necessary
documents from the applicant and the Immigration and Naturalization
Service. In the case of an immigrant visa application where the sponsor
of such applicant is a relative other than an immediate relative, it
should be the policy of the Department of State to process such an
application within 60 days of the receipt of all necessary documents
from the applicant and the Immigration and Naturalization Service.
SEC. 235. UNITED STATES POLICY WITH RESPECT TO JERUSALEM AS THE CAPITAL
OF ISRAEL.
(a) Congressional Statement of Policy.--The Congress maintains its
commitment to relocating the United States Embassy in Israel to
Jerusalem and urges the President, pursuant to the Jerusalem Embassy
Act of 1995 (Public Law 104-45; 109 Stat. 398), to immediately begin
the process of relocating the United States Embassy in Israel to
Jerusalem.
(b) Limitation on Use of Funds for Consulate in Jerusalem.--None of
the funds authorized to be appropriated by this Act may be expended for
the operation of a United States consulate or diplomatic facility in
Jerusalem unless such consulate or diplomatic facility is under the
supervision of the United States Ambassador to Israel.
(c) Limitation on Use of Funds for Publications.--None of the funds
authorized to be appropriated by this Act may be available for the
publication of any official government document which lists countries
and their capital cities unless the publication identifies Jerusalem as
the capital of Israel.
(d) Record of Place of Birth as Israel for Passport Purposes.--For
purposes of the registration of birth, certification of nationality, or
issuance of a passport of a United States citizen born in the city of
Jerusalem, the Secretary of State shall, upon the request of the
citizen or the citizen's legal guardian, record the place of birth as
Israel.
SEC. 236. DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN ILLEGAL ARMED
GROUPS.
(a) Denial of Visas to Persons Supporting Colombian Insurgent and
Paramilitary Groups.--Subject to subsection (b), the Secretary of State
shall not issue a visa to any alien who the Secretary determines, based
on credible evidence--
(1) has willfully provided direct or indirect support to
the Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ELN), or the United Self-Defense Forces of
Colombia (AUC); or
(2) has willfully conspired to allow, facilitate, or
promote the illegal activities of any group listed in paragraph
(1).
(b) Waiver.--Subsection (a) shall not apply if the Secretary of
State determines and certifies to the appropriate congressional
committees, on a case-by-case basis, that issuance of a visa to the
alien is necessary to support the peace process in Colombia, for urgent
humanitarian reasons, for significant public benefit, or to further the
national security interests of the United States.
Subtitle C--Migration and Refugees
SEC. 251. UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF
REFUGEES.
(a) In General.--None of the funds made available by this Act or by
section 2(c) of the Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2601(c)) shall be available to effect the involuntary return by
the United States of any person to a country in which the person has a
well-founded fear of persecution on account of race, religion,
nationality, membership in a particular social group, or political
opinion, except on grounds recognized as precluding protection as a
refugee under the United Nations Convention Relating to the Status of
Refugees of July 28, 1951, and the Protocol Relating to the Status of
Refugees of January 31, 1967, subject to the reservations contained in
the United States Senate Resolution of Ratification.
(b) Migration and Refugee Assistance.--None of the funds made
available by this Act or by section 2(c) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be available to effect
the involuntary return of any person to any country unless the
Secretary of State first notifies the appropriate congressional
committees, except that in the case of an emergency involving a threat
to human life the Secretary of State shall notify the appropriate
congressional committees as soon as practicable.
(c) Involuntary Return Defined.--As used in this section, the term
``to effect the involuntary return'' means to require, by means of
physical force or circumstances amounting to a threat thereof, a person
to return to a country against the person's will, regardless of whether
the person is physically present in the United States and regardless of
whether the United States acts directly or through an agent.
SEC. 252. REPORT ON OVERSEAS REFUGEE PROCESSING.
(a) Report on Overseas Refuge Processing.--Not later than 90 days
after the date of the enactment of this Act, the Secretary shall
provide to the appropriate congressional committees a report on
overseas processing of refugees for admission to the United States.
(b) Contents.--The report shall include the following detailed
information:
(1) United States procedures for the identification of
refugees who are particularly vulnerable or whose individual
circumstances otherwise suggest an urgent need for
resettlement, including the extent to which the Department now
insists on referral by the United Nations High Commissioner for
Refugees as a prerequisite to consideration of such refugees
for resettlement in the United States, together with a plan for
the expanded use of alternatives to such referral, including
the use of field-based nongovernmental organizations to
identify refugees in urgent need of resettlement.
(2) The extent to which the Department makes use in
overseas refugee processing of the designation of groups of
refugees who are of special concern to the United States,
together with the reasons for any decline in such use over the
last 10 years and a plan for making more generous use of such
categories in the future.
(3) The extent to which the United States currently
provides opportunities for resettlement in the United States of
individuals who are close family members of citizens or lawful
residents of the United States, together with the reasons for
any decline in the extent of such provision over the last 10
years and a plan for expansion of such opportunities in the
future.
(4) The extent to which opportunities for resettlement in
the United States are currently provided to ``urban refugees''
and others who do not currently reside in refugee camps,
together with a plan for increasing such opportunities,
particularly for refugees who are in urgent need of
resettlement, who are members of refugee groups of special
interest to the United States, or who are close family members
of United States citizens or lawful residents.
(5) The Department's assessment of the feasibility and
desirability of modifying the Department's current list of
refugee priorities to create an additional category for
refugees whose need for resettlement is based on a long period
of residence in a refugee camp with no immediate prospect of
safe and voluntary repatriation to their country of origin or
last permanent residence.
(6) The extent to which the Department uses private
voluntary agencies to assist in the identification of refugees
for admission to the United States, including the Department's
assessment of the advantages and disadvantages of private
voluntary agencies, the reasons for any decline in the
Department's use of voluntary agencies over the last 10 years,
and a plan for the expanded use of such agencies.
(7) The extent to which the per capita reception and
placement grant to voluntary agencies assisting in resettlement
of refugees has kept up over the last 10 years with the cost to
such agencies of providing such services.
(8) An estimate of the cost of each change in current
practice or procedure discussed in the report, together with an
estimate of any increase in the annual refugee admissions
ceiling that would be necessary to implement each change.
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
Subtitle A--Organizational Matters
SEC. 301. COMPREHENSIVE WORKFORCE PLAN.
(a) Workforce Plan.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a comprehensive workforce plan for
the Department of State for the fiscal years 2002 through 2006. The
plan shall consider personnel needs in both the civil service and the
Foreign Service and expected domestic and overseas personnel
allocations. The workforce plan should set forth the detailed mission
of the Department, the definition of work to be done and cyclical
personnel needs based on expected retirements and the time required to
hire, train, and deploy new personnel.
(b) Domestic Staffing Model.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of State shall compile and
submit to the appropriate congressional committees a domestic staffing
model for the Department of State.
SEC. 302. ``RIGHTSIZING'' OVERSEAS POSTS.
(a) ``Rightsizing'' at the Department of State.--
(1) In general.--The Secretary of State shall establish a
task force within the Department of State on the issue of
``rightsizing'' overseas posts.
(2) Preliminary report.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
which outlines the status, plans, and activities of the task
force. In addition to such other information as the Secretary
considers appropriate, the report shall include the following:
(A) The objectives of the task force.
(B) Measures for achieving the objectives under
subparagraph (A).
(C) The official of the Department with primary
responsibility for the issue of ``rightsizing''.
(D) The plans of the Department for the
reallocation of staff and resources based on changing
needs at overseas posts and in the metropolitan
Washington, D.C. area.
(3) Periodic reports.--Not later than 6 months after the
date of the enactment of this Act, and every 6 months
thereafter during the fiscal years 2002 and 2003, the Secretary
of State shall submit to the appropriate congressional
committees a report reviewing the activities and progress of
the task force established under paragraph (1).
(b) Interagency Working Group.--
(1) Establishment.--The Secretary of State shall establish
an interagency working group on the issue of ``rightsizing''
the overseas presence of the United States Government.
(2) Preliminary report.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
which outlines the status, plans, and activities of the
interagency working group. In addition to such other
information as the Secretary considers appropriate, the report
shall include the following:
(A) The objectives of the working group.
(B) Measures for achieving the objectives under
subparagraph (A).
(C) The official of each agency with primary
responsibility for the issue of ``rightsizing''.
(3) Periodic reports.--Not later than 6 months after the
date of the enactment of this Act, and every 6 months
thereafter during the fiscal years 2002 and 2003, the Secretary
of State shall submit to the appropriate congressional
committees a report reviewing the activities and progress of
the working group established under paragraph (1).
SEC. 303. QUALIFICATIONS OF CERTAIN OFFICERS OF THE DEPARTMENT OF
STATE.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a), is amended--
(1) by striking subsections (f) and (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Qualifications of Certain Officers of the Department of
State.--
``(1) Officer having primary responsibility for personnel
management.--The officer of the Department of State with
primary responsibility for assisting the Secretary of State
with respect to matters relating to personnel in the Department
of State, or that officer's principal deputy, shall have
substantial professional qualifications in the field of human
resource policy and management.
``(2) Officer having primary responsibility for diplomatic
security.--The officer of the Department of State with primary
responsibility for assisting the Secretary of State with
respect to diplomatic security, or that officer's principal
deputy, shall have substantial professional qualifications in
the fields of (A) management, and (B) Federal law enforcement,
intelligence, or security.
``(3) Officer having primary responsibility for
international narcotics and law enforcement.--The officer of
the Department of State with primary responsibility for
assisting the Secretary of State with respect to international
narcotics and law enforcement, or that officer's principal
deputy, shall have substantial professional qualifications in
the fields of management and Federal law enforcement.''.
SEC. 304. UNITED STATES SPECIAL COORDINATOR FOR TIBETAN ISSUES.
(a) United States Special Coordinator for Tibetan Issues.--There
shall be within the Department of State a United States Special
Coordinator for Tibetan Issues.
(b) Consultation.--The Secretary of State shall consult with the
chairman and ranking minority member of the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives prior to the designation of the special
coordinator.
(c) Central Objective.--The central objective of the special
coordinator is to promote substantive dialogue between the Government
of the People's Republic of China and the Dalai Lama or his
representatives.
(d) Duties and Responsibilities.--The special coordinator shall--
(1) coordinate United States Government policies, programs,
and projects concerning Tibet;
(2) vigorously promote the policy of seeking to protect the
distinct religious, cultural, linguistic, and national identity
of Tibet, and pressing for improved respect for human rights;
(3) maintain close contact with religious, cultural, and
political leaders of the Tibetan people, including regular
travel to Tibetan areas of the People's Republic of China, and
to Tibetan refugee settlements in India and Nepal;
(4) consult with Congress on policies relevant to Tibet and
the future and welfare of the Tibetan people;
(5) make efforts to establish contacts in the foreign
ministries of other countries to pursue a negotiated solution
for Tibet; and
(6) take all appropriate steps to ensure adequate
resources, staff, and bureaucratic support to fulfill the
duties and responsibilities of the special coordinator.
SEC. 305. UNITED STATES SPECIAL ENVOY FOR SUDAN ISSUES.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a), is amended by inserting after subsection (f) (as added
by section 303 of this Act) the following new subsection (g):
``(g) United States Special Envoy for Sudan Issues.--
``(1) In general.--There shall be within the Department of
State a United States Special Envoy for Sudan Issues who shall
be appointed by the President, by and with the advice and
consent of the Senate.
``(2) Duties.--In addition to such duties as the President
and Secretary of State shall prescribe, the envoy shall work
for a peaceful resolution of the conflict in Sudan and an end
to abuses of human rights, including religious freedom, in
Sudan.''.
Subtitle B--Personnel Matters
SEC. 331. REPORT CONCERNING RETIRED MEMBERS OF THE FOREIGN SERVICE AND
CIVIL SERVICE WHO ARE REGISTERED AGENTS OF A GOVERNMENT
OF A FOREIGN COUNTRY.
The Secretary of State shall submit, annually, a report to the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Affairs of the Senate which lists members
of the Foreign Service and the civil service who have retired, have
been issued an identification which authorizes access to facilities of
the Department of State, and are registered under the Foreign Agents
Registration Act of 1938 as an agent of a government of a foreign
country. The report shall specify each individual and the governments
represented by that individual.
SEC. 332. TIBETAN LANGUAGE TRAINING.
The Secretary of State shall ensure that Tibetan language training
is available to Foreign Service officers, and that every effort is made
to ensure that a Tibetan-speaking Foreign Service officer is assigned
to the consulate in China responsible for tracking developments in
Tibet.
SEC. 333. DEPENDENTS ON FAMILY VISITATION TRAVEL.
(a) In General.--Section 901(8) of the Foreign Service Act of 1980
(22 U.S.C. 4081(8)), is amended by striking ``Service'' and inserting
``Service, and members of his or her family,''.
(b) Promulgation of Guidance.--The Secretary shall promulgate
guidance for the implementation of the amendment made by subsection (a)
to ensure its implementation in a manner which does not substantially
increase the total amount of travel expenses paid or reimbursed by the
Department for travel under section 901 of the Foreign Service Act of
1980.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on the date on which guidance for implementation of such
amendment is issued by the Secretary.
SEC. 334. THOMAS JEFFERSON STAR.
Section 36A of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708a), is amended--
(1) in the section heading by striking ``FOREIGN SERVICE''
and inserting ``THOMAS JEFFERSON''; and
(2) by striking ``Foreign Service star'' each place it
appears and inserting ``Thomas Jefferson Star''.
SEC. 335. HEALTH EDUCATION AND DISEASE PREVENTION PROGRAMS.
Section 904(b) of the Foreign Service Act of 1980 (22 U.S.C.
4084(b)), is amended by striking ``families, and (3)'' and inserting
``families, (3) health education and disease prevention programs for
all employees, and (4)''.
SEC. 336. TRAINING AUTHORITIES.
Section 2205(a) of the Foreign Affairs Reform and Restructuring Act
of 1998 (as enacted in division G of Public Law 105-277), is amended by
striking paragraph (3).
SEC. 337. FOREIGN NATIONAL RETIREMENT PLANS.
Section 408(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3968(a)(1)), is amended in the third sentence by striking ``(C)'' and
all that follows through ``covered employees.'' and inserting ``(C)
payments by the Government and employees to: (i) a trust or other fund
in a financial institution in order to finance future benefits for
employees, including provision for retention in the fund of accumulated
interest and dividends for the benefit of covered employees; or (ii) a
Foreign Service National Savings Fund established in the Treasury of
the United States, which: (I) shall be administered by the Secretary of
State, at whose direction the Secretary of the Treasury shall invest
amounts not required for the current needs of the fund; and (II) shall
be public monies, which are authorized to be appropriated and remain
available without fiscal year limitation to pay benefits, to be
invested in public debt obligations bearing interest at rates
determined by the Secretary of the Treasury taking into consideration
current average market yields on outstanding marketable obligations of
the United States of comparable maturity, and to pay administrative
expenses.''.
SEC. 338. PRESIDENTIAL RANK AWARDS.
(a) Comparable to Payments to Meritorious Executives and
Distinguished Executives.--Section 405(b)(3) of the Foreign Service Act
of 1980 (22 U.S.C. 3965(b)(3)), is amended by striking the second
sentence and inserting ``Payments under this paragraph to a member of
the Senior Foreign Service may not exceed, in any fiscal year, the
percentage of base pay established under section 4507(e)(1) of title 5,
United States Code, for a Meritorious Executive, except that payments
of the percentage of the base pay established under section 4507(e)(2)
of title 5, United States, Code, for Distinguished Executives may be
made in any fiscal year to up to 1 percent of the members of the Senior
Foreign Service.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect October 1, 2001.
SEC. 339. EMERGENCY MEDICAL ADVANCE PAYMENTS.
Section 5927(a)(3) of title 5, United States Code, is amended to
read as follows:
``(3) to an employee compensated pursuant to section 408 of
the Foreign Service Act of 1980, who--
``(A) pursuant to government authorization is
located outside the country of employment; and
``(B) requires medical treatment outside the
country of employment in circumstances specified by the
President in regulations.''.
SEC. 340. UNACCOMPANIED AIR BAGGAGE.
Section 5924(4)(B) of title 5, United States Code, is amended by
inserting after the first sentence the following: ``At the option of
the employee, in lieu of the transportation of the baggage of a
dependent child from the dependent's school, the costs incurred to
store the baggage at or in the vicinity of the school during the
dependent's annual trip between the school and the employee's duty
station may be paid or reimbursed to the employee. The amount of the
payment or reimbursement may not exceed the cost that the government
would incur to transport the baggage.''.
SEC. 341. SPECIAL AGENT AUTHORITIES.
Section 37(a) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2709(a)), is amended in paragraph (3)(F) by inserting ``or
President-elect'' after ``President''.
SEC. 342. REPORT CONCERNING MINORITY EMPLOYMENT.
During each of the years 2002 and 2003, the Secretary of State
shall submit a comprehensive report to the Congress concerning the
status of employment of members of minority groups at the Department of
State, including the Civil Service, the Foreign Service, and State
Department employees serving abroad. The report shall include the
following data (reported in terms of real numbers and percentages and
not as ratios):
(1) For the last preceding Foreign Service examination and
promotion cycles for which such information is available--
(A) the numbers and percentages of members of all
minority groups taking the written Foreign Service
examination;
(B) the numbers and percentages of members of all
minority groups successfully completing and passing the
written Foreign Service examination;
(C) the numbers and percentages of members of all
minority groups successfully completing and passing the
oral Foreign Service examination;
(D) the numbers and percentages of members of all
minority groups entering the junior officers class of
the Foreign Service;
(E) the numbers and percentages of members of all
minority groups who are Foreign Service officers at
each grade; and
(F) the numbers of and percentages of members of
all minority groups promoted at each grade of the
Foreign Service Officer Corps.
(2) For the last preceding year for Civil Service
employment at the Department of State for which such
information is available--
(A) numbers and percentages of members of all
minority groups entering the Civil Service;
(B) the number and percentages of members of all
minority groups who are civil service employees at each
grade of the Civil Service; and
(C) the number of and percentages of members of all
minority groups promoted at each grade of the Civil
Service.
SEC. 343. USE OF FUNDS AUTHORIZED FOR MINORITY RECRUITMENT.
(a) Conduct of Recruitment Activities.--
(1) In general.--Amounts authorized to be appropriated for
minority recruitment under section 101(1)(B)(iii) shall be used
only for activities directly related to minority recruitment,
such as recruitment materials designed to target members of
minority groups and the travel expenses of recruitment trips to
colleges, universities, and other institutions or locations.
(2) Limitation.--Amounts authorized to be appropriated for
minority recruitment under section 101(1)(B)(iii) may not be
used to pay salaries of employees of the Department of State.
(b) Recruitment Activities at Academic Institutions.--The Secretary
of State shall expand the recruitment efforts of the Department of
State to include not less than 25 percent of the part B institutions
(as defined under section 322 of the Higher Education Act of 1965) in
the United States and not less than 25 percent of the Hispanic-serving
institutions (as defined in section 502(a)(5) of such Act) in the
United States.
(c) Evaluation of Recruitment Efforts.--The Secretary of State
shall establish a database relating to efforts to recruit members of
minority groups into the Foreign Service and the Civil Service and
shall report to the appropriate congressional committees annually on
the evaluation of efforts to recruit such individuals, including an
analysis of the information collected in the database created under
this subsection. For each of the years 2002 and 2003, such a report may
be part of the report required under section 342.
SEC. 344. CORRECTION OF TIME LIMIT FOR GRIEVANCE FILING.
Section 1104(a) of the Foreign Service Act of 1980 (22 U.S.C.
4134(a)), is amended in the first sentence by striking ``but in no case
less than two years after the occurrence giving rise to the grievance''
and inserting ``but in no case more than three years after the
occurrence giving rise to the grievance.''.
SEC. 345. CLARIFICATION OF SEPARATION FOR CAUSE.
Section 610(a) of the Foreign Service Act of 1980 (22 U.S.C.
4010(a)), is amended--
(a) in paragraph (1), by inserting ``decide to'' after ``may'';
(b) by striking paragraphs (2), (3), (4), (5) and (6) and inserting
the following:
``(2) When the Secretary decides under paragraph (1) to
separate, on the basis of misconduct, any member of the service
(other than a United States citizen employed under section 311
who is not a family member) who either (A) is serving under a
career appointment, or (B) is serving under a limited
appointment, the member may not be separated from the Service
until the member receives a hearing before the Foreign Service
Grievance Board and the Board decides that cause for separation
has been established, unless the member waives the right to
such a hearing in writing, or the member's appointment has
expired, whichever occurs first.
``(3) If the Board decides that cause for separation has
not been established, the Board may direct the Department to
pay reasonable attorneys fees to the extent and in the manner
provided by section 1107(b)(5). A hearing under this paragraph
shall be conducted in accordance with the hearing procedures
applicable to grievances under section 1106 and shall be in
lieu of any other administrative procedure authorized or
required by this or any other law. Section 1110 shall apply to
proceedings under this paragraph.
``(4) Notwithstanding the hearing required by paragraph
(2), when the Secretary decides to separate a member of the
Service for cause, the member shall be placed on leave without
pay. If the member does not waive the right to a hearing, and
the Board decides that cause for separation has not been
established, the member shall be reinstated with back pay.''.
TITLE IV--UNITED STATES EDUCATIONAL AND CULTURAL PROGRAMS OF THE
DEPARTMENT OF STATE
SEC. 401. EXTENSION OF REQUIREMENT FOR SCHOLARSHIPS FOR TIBETANS AND
BURMESE.
Section 103(b)(1) of the Human Rights, Refugee, and Other Foreign
Relations Provisions Act of 1996 (Public Law 104-319; 22 U.S.C. 2151
note), is amended by striking ``for the fiscal year 2000'' and
inserting ``for each of the fiscal years 2002 and 2003''.
SEC. 402. NONPROFIT ENTITIES FOR CULTURAL PROGRAMS.
(a) Findings.--The Congress makes the following findings:
(1) It is in the national interest of the United States to
promote mutual understanding between the people of the United
States and other nations.
(2) Among the means to be used in achieving this objective
are a wide range of international educational and cultural
exchange programs, including the J. William Fulbright
Educational Exchange Program and the International Visitors
Program.
(3) Cultural diplomacy, especially the presentation abroad
of the finest of America's creative, visual and performing
arts, is an especially effective means of advancing the United
States national interest.
(4) The financial support available for international
cultural and scholarly exchanges has declined by approximately
10 percent in recent years.
(5) Funds appropriated for the purpose of ensuring that the
excellence, diversity, and vitality of the arts in the United
States are presented to foreign audiences by, and in
cooperation with, our diplomatic and consular representatives
have declined dramatically.
(6) One of the ways to deepen and expand cultural and
educational exchange programs is through the establishment of
nonprofit entities to encourage the participation and financial
support of corporations and other private sector contributors.
(7) The United States private sector should be encouraged
to cooperate closely with the Secretary of State and
representatives of the Department to expand and spread
appreciation of United States cultural and artistic
accomplishments.
(b) Authority To Establish Nonprofit Entities.--Section 105 of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2255),
is amended by striking subsection (g) and inserting the following:
``(g) Nonprofit Entities for Cultural Programming.--
``(1) The Secretary of State is authorized to provide for
the establishment of private nonprofit entities to assist in
carrying out the purposes of this subsection. Any such entity
shall not be considered an agency or instrumentality of the
United States Government and employees of such an entity shall
not be considered employees of the United States Government for
any purpose.
``(2) An entity established pursuant to the authority of
paragraph (1) may carry out the following:
``(A) Encourage participation and support by United
States corporations and other elements of the private
sector for cultural, arts, and educational exchange
programs which will enhance international appreciation
of America's cultural and artistic accomplishments.
``(B) Solicit and receive contributions from the
private sector to support cultural, arts, and
educational exchange programs.
``(C) Provide grants and other assistance for such
programs.
``(3) The Secretary of State is authorized to make such
arrangements as are necessary to carry out the purposes of any
entity established pursuant to paragraph (1) including the
following:
``(A) The solicitation and receipt of funds for an
entity.
``(B) Designation of a program in recognition of
such contributions.
``(C) Appointment of members of the board of
directors or other body established to administer an
entity, including the appointment of employees of the
United States Government as ex officio nonvoting
members of such a board or other administrative body.
``(D) Making recommendations with respect to
specific artistic and cultural programs to be carried
out by the entity.
``(4) For fiscal years 2002 and 2003, not to exceed
$500,000 of funds available to the Department of State are
authorized to be made available for each fiscal year for
administrative and other costs for the establishment of
entities pursuant to paragraph (1). An entity established
pursuant to paragraph (1) is authorized to invest amounts made
available to the entity by the Department of State, and such
amounts, as well as interest or earnings on such amounts, may
be used by the entity to carry out its purposes.
``(5) Each entity established pursuant to paragraph (1)
shall submit an annual report on the sources and amount of
funds and other resources received and the programs funded by
the entity to the Committee on Foreign Relations of the Senate
and the Committee on International Relations of the House of
Representatives.
``(6) The financial transactions of each entity established
under paragraph (1) for each fiscal year shall be the subject
of an independent audit. A report of each such audit shall be
made available to the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the
House of Representatives.''.
SEC. 403. FULBRIGHT-HAYS AUTHORITIES.
Section 112(d) of the Mutual Educational and Cultural Exchange Act
of 1961 (22 U.S.C. 2460(d), is amended by striking ``operating under
the authority of this Act and consistent with'' and inserting ``which
operate under the authority of this Act or promote''.
SEC. 404. ETHICAL ISSUES IN INTERNATIONAL HEALTH RESEARCH.
(a) In General.--The Secretary shall make available funds for
public diplomacy and international exchanges, including, as
appropriate, funds for international visitor programs and scholarships
available under the United States Information and Educational Exchange
Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961
and other similar statutes, to provide opportunities to researchers in
developing countries to obtain scholarships and otherwise participate
in activities related to ethical issues in human subject research, as
described in subsection (b).
(b) Ethical Issues in Human Subject Research.--For purposes of
subsection (a), ``activities related to ethical issues in human subject
research'' include courses of study, conferences, and fora on
development of and compliance with international ethical standards for
clinical trials involving human subjects, particularly with respect to
responsibilities of researchers to individuals and local communities
participating in such trials, and on management and monitoring of such
trials based on such international ethical standards.
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
SEC. 501. ELIMINATING STAFF POSITIONS FOR THE ADVISORY BOARD FOR CUBA
BROADCASTING.
(a) Eliminating Position of Staff Director.--
(1) Section 245 of the Television Broadcasting to Cuba Act
(22 U.S.C. 1465c note), is amended by striking subsection (d).
(2) Any funds made available through the elimination of the
position under the amendment made by paragraph (1) shall be
made available for broadcasting to Cuba.
(b) Prohibiting Paid Staff Positions.--The Advisory Board for Cuba
Broadcasting is not authorized to employ administrative or support
staff who are compensated by the Advisory Board.
SEC. 502. REPORTS ON BROADCASTING PERSONNEL.
Not later than 3 months after the date of the enactment of this Act
and every 6 months thereafter during the fiscal years 2002 and 2003,
the Broadcasting Board of Governors shall submit to the appropriate
congressional committees a report regarding high-level personnel of the
Broadcasting Board of Governors and efforts to diversify the workforce.
Each report shall include the following information, reported
separately, for the International Broadcasting Bureau, Radio Free
Europe/Radio Liberty, and Radio Free Asia:
(1) A list of all personnel positions at and above the GS-
13 pay level.
(2) The number and percentage of women and members of
minority groups in positions under paragraph (1).
(3) The increase or decrease in the representation of women
and members of minority groups in positions under paragraph (1)
from previous years.
(4) The recruitment budget for each broadcasting entity and
the aggregate budget.
(5) Information concerning the recruitment efforts of the
Broadcasting Board of Governors relating to women and members
of minority groups, including the percentage of the recruitment
budget utilized for such efforts.
SEC. 503. PERSONAL SERVICES CONTRACTING PILOT PROGRAM.
(a) In General.--The Director of the International Broadcasting
Bureau is authorized to establish a pilot program for the purpose of
hiring United States citizens or aliens as personal services
contractors, without regard to civil service and classification laws,
for service in the United States as broadcasters, producers, and
writers in the International Broadcasting Bureau to respond to new or
emerging broadcasting needs or to augment broadcast services.
(b) Limitation on Authority.--The Director is authorized to use
such pilot program authority subject to the following limitations:
(1) The Director shall determine that existing personnel
resources are insufficient and the need is of limited or
unknown duration.
(2) The Director shall approve each contract for a personal
services contractor.
(3) The length of any personal services contract may not
exceed 2 years, unless the Director finds that exceptional
circumstances justify an extension of not more than 1
additional year.
(4) Not more than 50 United States citizens or aliens shall
be employed at any time as personal services contractors under
the pilot program.
(c) Termination of Authority.--The authority to award personal
services contracts under the pilot program authorized by this section
shall terminate on December 31, 2005. A contract entered into prior to
the termination date under this subsection may remain in effect for a
period not to exceed 6 months after such termination date.
SEC. 504. PAY PARITY FOR SENIOR EXECUTIVES OF RADIO FREE EUROPE AND
RADIO LIBERTY.
Section 308(h)(1) of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6207(h)(1)), is amended--
(1) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Notwithstanding the limitations under subparagraph
(A), grant funds provided under this section may be used by
RFE/RL, Incorporated to pay up to two employees employed in
Washington, D.C. salary or other compensation not to exceed the
rate of pay payable for level III of the Executive Schedule
under section 5314 of title 5, United States Code.''; and
(2) in subparagraph (A) by striking ``(B),'' and inserting
``(B) or (C),''.
SEC. 505. REPEAL OF BAN ON UNITED STATES TRANSMITTER IN KUWAIT.
The Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236), is amended--
(1) by striking section 226; and
(2) by striking the item relating to section 226 in the
table of sections.
TITLE VI--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
SEC. 601. UNITED NATIONS ARREARS PAYMENTS AND REFORM.
(a) Additional Restriction on Release of Arrearage Payments
Relating to United States Membership on the United Nations Commission
on Human Rights and Use of Secret Ballots.--In addition to the
satisfaction of all other preconditions applicable to the obligation
and expenditure of funds authorized to be appropriated by section
911(a)(3) of the United Nations Reform Act of 1999, such funds may not
be obligated or expended until the Secretary of State certifies to the
appropriate congressional committees that--
(1) the United States has obtained full membership on the
United Nations Commission on Human Rights for a term commencing
after May 3, 2001; and
(2)(A) neither the United Nations nor any specialized
agency of the United Nations takes any action or exercises any
authority by any vote of the membership of the body by a secret
ballot which prevents the identification of each vote with the
member casting the ballot; or
(B) a detailed analysis of voting within the United Nations
and specialized agencies of the United Nations has demonstrated
to the satisfaction of the Secretary of State that the use of
secret ballots can serve the interests of the United States and
that analysis has been transmitted to the appropriate
congressional committees.
(b) Additional Restriction on Release of Arrearage Payments
Relating to General Accounting Office Report on United States
Contributions to United Nations Peacekeeping Operations.--
(1) In addition to the satisfaction of all other
preconditions applicable to the obligation and expenditure of
funds authorized to be appropriated by section 911(a)(3) of the
United Nations Reform Act of 1999, such funds may not be
obligated or expended until the date on which the General
Accounting Office submits a report to Congress under paragraph
(2) or September 30, 2001, whichever occurs first.
(2) Not later than September 30, 2001, the General
Accounting Office, in consultation with the Department of
Defense, shall submit to the Congress a detailed accounting of
United States contributions to United Nations peacekeeping
operations during the period 1990 through 2001, including a
review of any reimbursement by the United Nations for such
contributions.
(c) Additional Restrictions on Release of Arrearage Payments
Relating to United States Sovereignty.--In addition to the satisfaction
of all other preconditions applicable to the obligation and expenditure
of funds authorized to be appropriated by section 911(a)(2) of the
United Nations Reform Act of 1999, such funds may not be obligated or
expended until the Secretary of State certifies to the appropriate
congressional committees that the following conditions are satisfied:
(1) Supremacy of the united states constitution.--No action
has been taken by the United Nations or any of its specialized
or affiliated agencies that requires the United States to
violate the United States Constitution or any law of the United
States.
(2) No united nations sovereignty.--Neither the United
Nations nor any of its specialized or affiliated agencies--
(A) has exercised sovereignty over the United
States; or
(B) has taken any steps that require the United
States to cede sovereignty.
(3) No united nations taxation.--
(A) No legal authority.--Except as provided in
subparagraph (D), neither the United Nations nor any of
its specialized or affiliated agencies has the
authority under United States law to impose taxes or
fees on United States nationals.
(B) No taxes or fees.--Except as provided in
subparagraph (D), a tax or fee has not been imposed on
any United States national by the United Nations or any
of its specialized or affiliated agencies.
(C) No taxation proposals.--Except as provided in
subparagraph (D), neither the United Nations nor any of
its specialized or affiliated agencies has, on or after
October 1, 1996, officially approved any formal effort
to develop, advocate, or promote any proposal
concerning the imposition of a tax or fee on any United
States national in order to raise revenue for the
United Nations or any such agency.
(D) Exception.--This paragraph does not apply to--
(i) fees for publications or other kinds of
fees that are not tantamount to a tax on United
States citizens;
(ii) the World Intellectual Property
Organization; or
(iii) the staff assessment costs of the
United Nations and its specialized or
affiliated agencies.
(4) No standing army.--The United Nations has not, on or
after October 1, 1996, budgeted any funds for, nor taken any
official steps to develop, create, or establish any special
agreement under Article 43 of the United Nations Charter to
make available to the United Nations, on its call, the armed
forces of any member of the United Nations.
(5) No interest fees.--The United Nations has not, on or
after October 1, 1996, levied interest penalties against the
United States or any interest on arrearages on the annual
assessment of the United States, and neither the United Nations
nor its specialized agencies have, on or after October 1, 1996,
amended their financial regulations or taken any other action
that would permit interest penalties to be levied against the
United States or otherwise charge the United States any
interest on arrearages on its annual assessment.
(6) United states real property rights.--Neither the United
Nations nor any of its specialized or affiliated agencies has
exercised authority or control over any United States national
park, wildlife preserve, monument, or real property, nor has
the United Nations nor any of its specialized or affiliated
agencies implemented plans, regulations, programs, or
agreements that exercise control or authority over the private
real property of United States citizens located in the United
States without the approval of the property owner.
(7) Termination of borrowing authority.--
(A) Prohibition on authorization of external
borrowing.--On or after the date of the enactment of
this Act, neither the United Nations nor any
specialized agency of the United Nations has amended
its financial regulations to permit external borrowing.
(B) Prohibition of united states payment of
interest costs.--The United States has not, on or after
October 1, 1984, paid its share of any interest costs
made known to or identified by the United States
Government for loans incurred, on or after October 1,
1984, by the United Nations or any specialized agency
of the United Nations through external borrowing.
(d) Amendments to the United Nations Reform Act of 1999.--The
United Nations Reform Act of 1999 (title IX of division A of H.R. 3427,
as enacted into law by section 1000(a)(7) of Public Law 106-113;
appendix G; 113 Stat. 1501A-475), is amended as follows:
(1) Section 912(c) is amended by striking ``section 911''
and inserting ``section 911(a)(3)''.
(2) Section 931(b) is amended by--
(A) striking paragraph (2); and
(B) redesignating paragraph (3) as paragraph (2).
(3) Section 941(a)(2) is amended--
(A) by striking ``also'';
(B) by striking ``in subsection (b)(4)'' both
places it appears; and
(C) by striking ``satisfied, if the other
conditions in subsection (b) are satisfied'' and
inserting ``satisfied''.
(4) Section 941(b)(3) is amended--
(A) in the paragraph heading by striking ``New
budget procedures'' and inserting ``Budget practices'';
(B) by striking ``has established and'';
(C) by striking ``procedures'' and inserting
``practices''; and
(D) in subparagraphs (A) and (B) by striking
``require'' both places it appears and inserting in
both places ``result in''.
(5) Section 941(b)(9) is amended--
(A) in the paragraph heading by striking ``New
budget procedures'' and inserting ``Budget practices'';
(B) by striking ``Each designated specialized
agency has established procedures to--'' and inserting
``The practices of each designated specialized agency--
''; and
(C) in subparagraphs (A), (B), and (C) by striking
``require'' each of the 3 places it appears such
subparagraphs and inserting in the 3 places ``result
in''.
(e) Amendment to United Nations Participation Act.--Section 6 of
the United Nations Participation Act of 1945 (22 U.S.C. 287d), is
amended to read as follows:
``SEC. 6. AGREEMENTS WITH SECURITY COUNCIL.
``(a) Any agreement described in subsection (b) that is concluded
by the President with the Security Council shall not be effective
unless approved by the Congress by appropriate Act or joint resolution.
``(b) An agreement referred to in subsection (a) is an agreement
providing for the numbers and types of United States Armed Forces,
their degree of readiness and general locations, or the nature of
facilities and assistance, including rights of passage, to be made
available to the Security Council for the purpose of maintaining
international peace and security in accordance with Article 43 of the
Charter of the United Nations.
``(c) Except as provided in section 7, nothing in this section may
be construed as an authorization to the President by the Congress to
make available United States Armed Forces, facilities, or assistance to
the Security Council.''.
(f) Amendment to Public Law 103-236.--Section 404(b)(2) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236; 22 U.S.C. 287e note), is amended--
(1) by striking ``for any fiscal year after fiscal year
1995'' and inserting ``for--
``(A) fiscal years 1996 through 2001, and any
fiscal year after fiscal year 2003''; and
(2) by striking ``operation.'' and inserting ``operation;
and
``(B) fiscal years 2002 and 2003 shall not be
available for the payment of the United States assessed
contribution for a United Nations peacekeeping
operation in an amount which is greater than 28.15
percent of the total of all assessed contributions for
that operation.''.
(g) Conforming Amendment to Public Law 92-544.--The last sentence
of the paragraph headed ``Contributions to International
Organizations'' in Public Law 92-544 (22 U.S.C. 287e note) is amended--
(1) by striking ``Appropriations are authorized'' and
inserting ``Subject to section 404(b)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236, 22 U.S.C. 287e note), as amended, appropriations
are authorized''; and
(2) by striking ``(other than United Nations peacekeeping
operations) conducted'' and inserting ``conducted by or under
the auspices of the United Nations or''.
(h) Conforming Amendment to Public Law 105-277.--The undesignated
paragraph under the heading ``arrearage payments'' in title IV of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999 (as enacted into law by section
101(b) of division A of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999; 112 Stat. 2681-96) is amended by
striking ``member, and the share of the budget for each assessed United
Nations peacekeeping operation does not exceed 25 percent for any
single United Nations member.'' and inserting ``member.''.
(i) Conforming Amendment to Public Law 106-113.--The undesignated
paragraph under the heading ``arrearage payments'' in title IV of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2000 (as enacted into law by section
1000(a)(1) of division B of Public Law 106-113; appendix A; 113 Stat.
1501A-42) is amended--
(1) in the first proviso, by striking ``the share of the
total of all assessed contributions for any designated
specialized agency of the United Nations does not exceed 22
percent for any single member of the agency, and''; and
(2) by inserting immediately after the first proviso
``Provided further, That, none of the funds appropriated or
otherwise made available under this heading for payment of
arrearages may be obligated or expended with respect to a
designated specialized agency of the United Nations until such
time as the share of the total of all assessed contributions
for that designated specialized agency does not exceed 22
percent for any member of the agency:''.
(j) Effective Date.--This section and the amendments made by this
section shall take effect on the date of the enactment of this Act.
SEC. 602. TRAVEL BY ADVISORY COMMITTEE MEMBERS TO GREAT LAKES FISHERY
COMMISSION ANNUAL MEETING.
Section 4(c) of the Great Lakes Fishery Act of 1956 (70 Stat. 242;
16 U.S.C. 933(c)), is amended in the second sentence--
(1) by striking ``five'' and inserting ``ten''; and
(2) by striking ``each'' and inserting ``the annual''.
SEC. 603. UNITED STATES POLICY ON COMPOSITION OF THE UNITED NATIONS
HUMAN RIGHTS COMMISSION.
(a) Findings.--The Congress makes the following findings:
(1) The United Nations Human Rights Commission is an
important organ of the United Nations that plays a significant
role in monitoring international human rights developments and
can make an important contribution to advancing human rights
around the world.
(2) The membership of the Commission, however, continues to
include countries that are themselves human rights violators.
(3) Countries that are on the Commission have a special
duty to ensure that they are prepared to allow human rights
monitors into their own country to investigate allegations of
human rights violations.
(b) United States Policy on Membership of the Commission.--The
President, acting through the Secretary of State, the United States
Permanent Representative to the United Nations, and other appropriate
United States Government officials, shall use the voice and vote of the
United States at the United Nations to oppose membership on the United
Nations Commission on Human Rights for any country that does not
provide a standing invitation to allow the following persons to monitor
human rights in the territory of such country:
(1) Designated United Nations human rights investigators
and rapporteurs.
(2) Representatives from nongovernmental organizations that
focus on human rights.
SEC. 604. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL ORGANIZATION
FOR MIGRATION.
(a) Continuation of Membership.--The President is authorized to
continue membership for the United States in the International
Organization for Migration in accordance with the constitution of such
organization approved in Venice, Italy, on October 19, 1953, as amended
in Geneva, Switzerland, on November 24, 1998, upon entry into force of
such amendments.
(b) Authorization of Appropriations.--For the purpose of assisting
in the movement of refugees and migrants, there are authorized to be
appropriated such amounts as may be necessary from time to time for
payment by the United States of its contributions to the International
Organization for Migration and all necessary salaries and expenses
incidental to United States participation in such organization.
SEC. 605. REPORT RELATING TO COMMISSION ON SECURITY AND COOPERATION IN
EUROPE.
Section 5 of the Act entitled ``An Act to establish a Commission on
Security and Cooperation in Europe'' (Public Law 94-304; 22 U.S.C.
3005) is amended to read as follows:
``Sec. 5. In order to assist the Commission in carrying out its
duties, the Secretary of State shall submit to the Commission an annual
report discussing the overall United States policy objectives that are
advanced through meetings of decision-making bodies of the Organization
on Security and Cooperation in Europe (OSCE), the OSCE implementation
review process, and other activities of the OSCE. The report shall also
include a summary of specific United States policy objectives with
respect to participating states where there is a particular concern
relating to the implementation of Organization on Security and
Cooperation in Europe commitments or where an OSCE presence exists.
Such summary shall address the role played by Organization on Security
and Cooperation in Europe institutions, mechanisms, or field activities
in achieving United States policy objectives. Each annual report shall
cover the period January 1 through December 31, shall be submitted not
more than 90 days after the end of the reporting period, and shall be
posted on the website of the Department of State.''.
SEC. 606. REPORTS TO CONGRESS ON UNITED NATIONS ACTIVITIES.
(a) Amendments to United Nations Participation Act.--Section 4 of
the United Nations Participation Act (22 U.S.C. 287b), is amended--
(1) by striking subsections (b) and (c);
(2) by inserting after subsection (a) the following new
subsection:
``(b) Annual Report on Financial Contributions.--Not later than
July 1 of each year, the Secretary of State shall submit a report to
the designated congressional committees on the extent and disposition
of all financial contributions made by the United States during the
preceding year to international organizations in which the United
States participates as a member.'';
(3) in subsection (e)(5) by striking subparagraph (B) and
inserting the following:
``(B) Annual report.--The President shall submit an
annual report to the designated congressional
committees on all assistance provided by the United
States during the preceding calendar year to the United
Nations to support peacekeeping operations. Each such
report shall describe the assistance provided for each
such operation, listed by category of assistance.'';
and
(4) by redesignating subsections (d), (e), (f), and (g) as
subsections (c), (d), (e), and (f) respectively.
(b) Conforming Amendments.--
(1) Section 2 of Public Law 81-806 (22 U.S.C. 262a) is
amended by striking the last sentence.
(2) Section 409 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 287e note), is amended by
striking subsection (d).
Subtitle B--American Servicemembers' Protection Act
SEC. 631. SHORT TITLE.
This subtitle may be cited as the ``American Servicemembers'
Protection Act of 2001''.
SEC. 632. FINDINGS.
Congress makes the following findings:
(1) On July 17, 1998, the United Nations Diplomatic
Conference of Plenipotentiaries on the Establishment of an
International Criminal Court, meeting in Rome, Italy, adopted
the ``Rome Statute of the International Criminal Court.'' The
vote on whether to proceed with the Statute was 120 in favor to
7 against, with 21 countries abstaining. The United States
voted against final adoption of the Rome Statute.
(2) As of April 30, 2001, 139 countries had signed the Rome
Statute and 30 had ratified it. Pursuant to Article 126 of the
Rome Statute, the Statute will enter into force on the first
day of the month after the 60th day following the date on which
the 60th country deposits an instrument ratifying the Statute.
(3) Since adoption of the Rome Statute, a Preparatory
Commission for the International Criminal Court has met
regularly to draft documents to implement the Rome Statute,
including Rules of Procedure and Evidence, Elements of Crimes,
and a definition of the Crime of Aggression.
(4) During testimony before the Congress following the
adoption of the Rome Statute, the lead United States
negotiator, Ambassador David Scheffer stated that the United
States could not sign the Rome Statute because certain critical
negotiating objectives of the United States had not been
achieved. As a result, he stated: ``We are left with
consequences that do not serve the cause of international
justice.''.
(5) Ambassador Scheffer went on to tell the Congress that:
``Multinational peacekeeping forces operating in a country that
has joined the treaty can be exposed to the Court's
jurisdiction even if the country of the individual peacekeeper
has not joined the treaty. Thus, the treaty purports to
establish an arrangement whereby United States armed forces
operating overseas could be conceivably prosecuted by the
international court even if the United States has not agreed to
be bound by the treaty. Not only is this contrary to the most
fundamental principles of treaty law, it could inhibit the
ability of the United States to use its military to meet
alliance obligations and participate in multinational
operations, including humanitarian interventions to save
civilian lives. Other contributors to peacekeeping operations
will be similarly exposed.''.
(6) Notwithstanding these concerns, President Clinton
directed that the United States sign the Rome Statute on
December 31, 2000. In a statement issued that day, he stated
that in view of the unremedied deficiencies of the Rome
Statute, ``I will not, and do not recommend that my successor
submit the Treaty to the Senate for advice and consent until
our fundamental concerns are satisfied''.
(7) Any American prosecuted by the International Criminal
Court will, under the Rome Statute, be denied procedural
protections to which all Americans are entitled under the Bill
of Rights to the United States Constitution, such as the right
to trial by jury.
(8) Members of the Armed Forces of the United States
deserve the full protection of the United States Constitution
wherever they are stationed or deployed around the world to
protect the vital national interests of the United States. The
United States Government has an obligation to protect the
members of its Armed Forces, to the maximum extent possible,
against criminal prosecutions carried out by United Nations
officials under procedures that deny them their constitutional
rights.
(9) In addition to exposing members of the Armed Forces of
the United States to the risk of international criminal
prosecution, the Rome Statute creates a risk that the President
and other senior elected and appointed officials of the United
States Government may be prosecuted by the International
Criminal Court. Particularly if the Preparatory Commission
agrees on a definition of the Crime of Aggression over United
States objections, senior United States officials may be at
risk of criminal prosecution for national security decisions
involving such matters as responding to acts of terrorism,
preventing the proliferation of weapons of mass destruction,
and deterring aggression. No less than members of the Armed
Forces of the United States, senior officials of the United
States Government deserve the full protection of the United
States Constitution with respect to official actions taken by
them to protect the national interests of the United States.
SEC. 633. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS ACT.
(a) Authority To Initially Waive Sections 635 and 637.--The
President is authorized to waive the prohibitions and requirements of
sections 635 and 637 for a single period of 1 year. Such a waiver may
be issued only if the President at least 15 days in advance of
exercising such authority--
(1) notifies the appropriate congressional committees of
the intention to exercise such authority; and
(2) determines and reports to the appropriate congressional
committees that the International Criminal Court has entered
into a binding agreement that--
(A) prohibits the International Criminal Court from
seeking to exercise jurisdiction over the following
persons with respect to actions undertaken by them in
an official capacity:
(i) covered United States persons;
(ii) covered allied persons; and
(iii) individuals who were covered United
States persons or covered allied persons; and
(B) ensures that no person described in
subparagraph (A) will be arrested, detained,
prosecuted, or imprisoned by or on behalf of the
International Criminal Court.
(b) Authority To Extend Waiver of Sections 635 and 637.--The
President is authorized to waive the prohibitions and requirements of
sections 635 and 637 for successive periods of 1 year each upon the
expiration of a previous waiver pursuant to subsection (a) or this
subsection. Such a waiver may be issued only if the President at least
15 days in advance of exercising such authority--
(1) notifies the appropriate congressional committees of
the intention to exercise such authority; and
(2) determines and reports to the appropriate congressional
committees that the International Criminal Court--
(A) remains party to, and has continued to abide
by, a binding agreement that--
(i) prohibits the International Criminal
Court from seeking to exercise jurisdiction
over the following persons with respect to
actions undertaken by them in an official
capacity:
(I) covered United States persons;
(II) covered allied persons; and
(III) individuals who were covered
United States persons or covered allied
persons; and
(ii) ensures that no person described in
clause (i) will be arrested, detained,
prosecuted, or imprisoned by or on behalf of
the International Criminal Court; and
(B) has taken no steps to arrest, detain,
prosecute, or imprison any person described in clause
(i) of subparagraph (A).
(c) Authority To Waive Sections 634 and 636 With Respect to an
Investigation or Prosecution of a Named Individual.--The President is
authorized to waive the prohibitions and requirements of sections 634
and 636 to the degree they would prevent United States cooperation with
an investigation or prosecution of a named individual by the
International Criminal Court. Such a waiver may be issued only if the
President at least 15 days in advance of exercising such authority--
(1) notifies the appropriate congressional committees of
the intention to exercise such authority; and
(2) determines and reports to the appropriate congressional
committees that--
(A) a waiver pursuant to subsection (a) or (b) of
the prohibitions and requirements of sections 635 and
637 is in effect;
(B) there is reason to believe that the named
individual committed the crime or crimes that are the
subject of the International Criminal Court's
investigation or prosecution;
(C) it is in the national interest of the United
States for the International Criminal Court's
investigation or prosecution of the named individual to
proceed; and
(D) in investigating events related to actions by
the named individual, none of the following persons
will be investigated, arrested, detained, prosecuted,
or imprisoned by or on behalf of the International
Criminal Court with respect to actions undertaken by
them in an official capacity:
(i) Covered United States persons.
(ii) Covered allied persons.
(iii) Individuals who were covered United
States persons or covered allied persons.
(d) Termination of Waiver Pursuant to Subsection (c).--Any waiver
or waivers exercised pursuant to subsection (c) of the prohibitions and
requirements of sections 634 and 636 shall terminate at any time that a
waiver pursuant to subsection (a) or (b) of the prohibitions and
requirements of sections 635 and 637 expires and is not extended
pursuant to subsection (b).
(e) Termination of Prohibitions of This Act.--The prohibitions and
requirements of sections 634, 635, 636, and 637 shall cease to apply,
and the authority of section 638 shall terminate, if the United States
becomes a party to the International Criminal Court pursuant to a
treaty made under article II, section 2, clause 2 of the Constitution
of the United States.
SEC. 634. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL CRIMINAL
COURT.
(a) Construction.--The provisions of this section--
(1) apply only to cooperation with the International
Criminal Court and shall not be construed to apply to
cooperation with an ad hoc international criminal tribunal
established by the United Nations Security Council before or
after the date of the enactment of this Act to investigate and
prosecute war crimes committed in a specific country or during
a specific conflict; and
(2) shall not be construed to prohibit--
(A) any action permitted under section 638;
(B) any other action taken by members of the Armed
Forces of the United States outside the territory of
the United States while engaged in military operations
involving the threat or use of force when necessary to
protect such personnel from harm or to ensure the
success of such operations; or
(C) communication by the United States to the
International Criminal Court of its policy with respect
to a particular matter.
(b) Prohibition on Responding to Requests for Cooperation.--No
agency or entity of the United States Government or of any State or
local government, including any court, may cooperate with the
International Criminal Court in response to a request for cooperation
submitted by the International Criminal Court pursuant to Part 9 of the
Rome Statute.
(c) Prohibition on Specific Forms of Cooperation and Assistance.--
No agency or entity of the United States Government or of any State or
local government, including any court, may provide financial support or
other cooperation, support, or assistance to the International Criminal
Court, including by undertaking any action described in the following
articles of the Rome Statute with the purpose or intent of cooperating
with, or otherwise providing support or assistance to, the
International Criminal Court:
(1) Article 89 (relating to arrest, extradition, and
transit of suspects).
(2) Article 92 (relating to provisional arrest of
suspects).
(3) Article 93 (relating to seizure of property, asset
forfeiture, execution of searches and seizures, service of
warrants and other judicial process, taking of evidence, and
similar matters).
(d) Restriction on Assistance Pursuant to Mutual Legal Assistance
Treaties.--The United States shall exercise its rights to limit the use
of assistance provided under all treaties and executive agreements for
mutual legal assistance in criminal matters, multilateral conventions
with legal assistance provisions, and extradition treaties, to which
the United States is a party, and in connection with the execution or
issuance of any letter rogatory, to prevent the transfer to, or other
use by, the International Criminal Court of any assistance provided by
the United States under such treaties and letters rogatory.
(e) Prohibition on Investigative Activities of Agents.--No agent of
the International Criminal Court may conduct, in the United States or
any territory subject to the jurisdiction of the United States, any
investigative activity relating to a preliminary inquiry,
investigation, prosecution, or other proceeding at the International
Criminal Court.
SEC. 635. RESTRICTION ON UNITED STATES PARTICIPATION IN CERTAIN UNITED
NATIONS PEACEKEEPING OPERATIONS.
(a) Policy.--Effective beginning on the date on which the Rome
Statute enters into force pursuant to Article 126 of the Rome Statute,
the President should use the voice and vote of the United States in the
United Nations Security Council to ensure that each resolution of the
Security Council authorizing any peacekeeping operation under chapter
VI of the charter of the United Nations or peace enforcement operation
under chapter VII of the charter of the United Nations permanently
exempts, at a minimum, members of the Armed Forces of the United States
participating in such operation from criminal prosecution by the
International Criminal Court for actions undertaken by such personnel
in connection with the operation.
(b) Restriction.--Members of the Armed Forces of the United States
may not participate in any peacekeeping operation under chapter VI of
the charter of the United Nations or peace enforcement operation under
chapter VII of the charter of the United Nations, the creation of which
is authorized by the United Nations Security Council on or after the
date that the Rome Statute enters into effect pursuant to Article 126
of the Rome Statute, unless the President has submitted to the
appropriate congressional committees a certification described in
subsection (c) with respect to such operation.
(c) Certification.--The certification referred to in subsection (b)
is a certification by the President that members of the Armed Forces of
the United States are able to participate in the peacekeeping or peace
enforcement operation without risk of criminal prosecution by the
International Criminal Court because--
(1) in authorizing the operation, the United Nations
Security Council permanently exempted, at a minimum, members of
the Armed Forces of the United States participating in the
operation from criminal prosecution by the International
Criminal Court for actions undertaken by them in connection
with the operation;
(2) each country in which members of the Armed Forces of
the United States participating in the operation will be
present is either not a party to the International Criminal
Court and has not invoked the jurisdiction of the International
Criminal Court pursuant to Article 12 of the Rome Statute, or
has entered into an agreement in accordance with Article 98 of
the Rome Statute preventing the International Criminal Court
from proceeding against members of the Armed Forces of the
United States present in that country; or
(3) the United States has taken other appropriate steps to
guarantee that members of the Armed Forces of the United States
participating in the operation will not be prosecuted by the
International Criminal Court for actions undertaken by such
personnel in connection with the operation.
SEC. 636. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF CERTAIN
CLASSIFIED NATIONAL SECURITY INFORMATION TO THE
INTERNATIONAL CRIMINAL COURT.
(a) Direct Transfer.--Not later than the date on which the Rome
Statute enters into force, the President shall ensure that appropriate
procedures are in place to prevent the transfer of classified national
security information to the International Criminal Court.
(b) Indirect Transfer.--Not later than the date on which the Rome
Statute enters into force, the President shall ensure that appropriate
procedures are in place to prevent the transfer of classified national
security information relevant to matters under consideration by the
International Criminal Court to the United Nations and to the
government of any country that is a party to the International Criminal
Court unless the United Nations or that government, as the case may be,
has provided written assurances that such information will not be made
available to the International Criminal Court.
(c) Construction.--The provisions of this section shall not be
construed to prohibit any action permitted under section 638.
SEC. 637. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE TO PARTIES
TO THE INTERNATIONAL CRIMINAL COURT.
(a) Prohibition of Military Assistance.--Subject to subsections (b)
and (c), no United States military assistance may be provided to the
government of a country that is a party to the International Criminal
Court.
(b) Waiver.--The President may waive the prohibition of subsection
(a) with respect to a particular country--
(1) for one or more periods not exceeding 1 year each, if
the President determines and reports to the appropriate
congressional committees that it is vital to the national
interest of the United States to waive such prohibition; and
(2) permanently, if the President determines and reports to
the appropriate congressional committees that such country has
entered into an agreement with the United States pursuant to
Article 98 of the Rome Statute preventing the International
Criminal Court from proceeding against United States personnel
present in such country.
(c) Exemption.--The prohibition of subsection (a) shall not apply
to the government of--
(1) a NATO member country;
(2) a major non-NATO ally (including, inter alia,
Australia, Egypt, Israel, Japan, the Republic of Korea, and New
Zealand); or
(3) Taiwan.
SEC. 638. AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES OF THE UNITED
STATES AND CERTAIN OTHER PERSONS HELD CAPTIVE BY OR ON
BEHALF OF THE INTERNATIONAL CRIMINAL COURT.
(a) Authority.--The President is authorized to use all means
necessary and appropriate to bring about the release from captivity of
any person described in subsection (b) who is being detained or
imprisoned against that person's will by or on behalf of the
International Criminal Court.
(b) Persons Authorized To Be Freed.--The authority of subsection
(a) shall extend to the following persons:
(1) Covered United States persons.
(2) Covered allied persons.
(3) Individuals detained or imprisoned for official actions
taken while the individual was a covered United States person
or a covered allied person, and in the case of a covered allied
person, upon the request of such government.
(c) Authorization of Legal Assistance.--When any person described
in subsection (b) is arrested, detained, prosecuted, or imprisoned by
or on behalf of the International Criminal Court, the authority under
subsection (a) may be used--
(1) for the provision of legal representation and other
legal assistance to that person (including, in the case of a
person entitled to assistance under section 1037 of title 10,
United States Code, representation and other assistance in the
manner provided in that section); and
(2) for the provision of exculpatory evidence on behalf of
that person.
(d) Bribes and Other Inducements Not Authorized.--Subsection (a)
does not authorize the payment of bribes or the provision of other
incentives to induce the release from captivity of a person described
in subsection (b).
SEC. 639. ALLIANCE COMMAND ARRANGEMENTS.
(a) Report on Alliance Command Arrangements.--Not later than 6
months after the date of the enactment of this Act, the President shall
transmit to the appropriate congressional committees a report with
respect to each military alliance to which the United States is party--
(1) describing the degree to which members of the Armed
Forces of the United States may, in the context of military
operations undertaken by or pursuant to that alliance, be
placed under the command or operational control of foreign
military officers subject to the jurisdiction of the
International Criminal Court because they are nationals of a
party to the International Criminal Court; and
(2) evaluating the degree to which members of the Armed
Forces of the United States engaged in military operations
undertaken by or pursuant to that alliance may be exposed to
greater risks as a result of being placed under the command or
operational control of foreign military officers subject to the
jurisdiction of the International Criminal Court.
(b) Description of Measures To Achieve Enhanced Protection for
Members of the Armed Forces of the United States.--Not later than 1
year after the date of the enactment of this Act, the President shall
transmit to the appropriate congressional committees a description of
modifications to command and operational control arrangements within
military alliances to which the United States is a party that could be
made in order to reduce any risks to members of the Armed Forces of the
United States identified pursuant to subsection (a)(2).
(c) Submission in Classified Form.--The report under subsection
(a), and the description of measures under subsection (b), or
appropriate parts thereof, may be submitted in classified form.
SEC. 640. WITHHOLDINGS.
Funds withheld from the United States share of assessments to the
United Nations or any other international organization during any
fiscal year pursuant to section 705 of the Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
2001 (as enacted by section 1000(a)(7) of Public Law 106-113; 113 Stat.
1501A-460), are authorized to be transferred to the Embassy Security,
Construction and Maintenance Account of the Department of State.
SEC. 641. NONDELEGATION.
The authorities vested in the President by sections 633, 635(c),
and 637(b) may not be delegated by the President pursuant to section
301 of title 3, United States Code, or any other provision of law.
SEC. 642. DEFINITIONS.
As used in this Act and in sections 705 and 706 of the Admiral
James W. Nance and Meg Donovan Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Classified national security information.--The term
``classified national security information'' means information
that is classified or classifiable under Executive Order No.
12958 or a successor Executive order.
(3) Covered allied persons.--The term ``covered allied
persons'' means military personnel, elected or appointed
officials, and other persons employed by or working on behalf
of the government of a NATO member country, a major non-NATO
ally (including, inter alia, Australia, Egypt, Israel, Japan,
the Republic of Korea, and New Zealand), or Taiwan, for so long
as that government is not a party to the International Criminal
Court and wishes its officials and other persons working on its
behalf to be exempted from the jurisdiction of the
International Criminal Court.
(4) Covered united states persons.--The term ``covered
United States persons'' means members of the Armed Forces of
the United States, elected or appointed officials of the United
States Government, and other persons employed by or working on
behalf of the United States Government, for so long as the
United States is not a party to the International Criminal
Court.
(5) Extradition.--The terms ``extradition'' and
``extradite'' include both ``extradition'' and ``surrender'' as
those terms are defined in article 102 of the Rome Statute.
(6) International criminal court.--The term ``International
Criminal Court'' means the court established by the Rome
Statute.
(7) Major non-nato ally.--The term ``major non-NATO ally''
means a country that has been so designated in accordance with
section 517 of the Foreign Assistance Act of 1961.
(8) Party to the international criminal court.--The term
``party to the International Criminal Court'' means a
government that has deposited an instrument of ratification,
acceptance, approval, or accession to the Rome Statute, and has
not withdrawn from the Rome Statute pursuant to Article 127
thereof.
(9) Peacekeeping operation under chapter vi of the charter
of the united nations or peace enforcement operation under
chapter vii of the charter of the united nations.--The term
``peacekeeping operation under chapter VI of the charter of the
United Nations or peace enforcement operation under chapter VII
of the charter of the United Nations'' means any military
operation to maintain or restore international peace and
security that--
(A) is authorized by the United Nations Security
Council under chapter VI or VII of the charter of the
United Nations; and
(B) is paid for from assessed contributions of
United Nations members that are made available for
peacekeeping or peace enforcement activities.
(10) Rome statute.--The term ``Rome Statute'' means the
Rome Statute of the International Criminal Court, adopted by
the United Nations Diplomatic Conference of Plenipotentiaries
on the Establishment of an International Criminal Court on July
17, 1998.
(11) Support.--The term ``support'' means assistance of any
kind, including financial support, material support, services,
intelligence sharing, law enforcement cooperation, the training
or detail of personnel, and the arrest or detention of
individuals.
(12) United states military assistance.--The term ``United
States military assistance'' means--
(A) assistance provided under chapters 2 through 6
of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2311 et seq.);
(B) defense articles or defense services furnished
with the financial assistance of the United States
Government, including through loans and guarantees; or
(C) military training or education activities
provided by any agency or entity of the United States
Government.
Such term does not include activities reportable under title V
of the National Security Act of 1947 (50 U.S.C. 413 et seq.).
TITLE VII--MISCELLANEOUS PROVISIONS
Subtitle A--General Provisions
SEC. 701. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF 2000.
(a) Reports on Proliferation to Iran.--Section 2 of the Iran
Nonproliferation Act of 2000 (Public Law 106-178; 114 Stat. 39; 50
U.S.C. 1701 note), is amended by inserting after subsection (d) the
following new subsection:
``(e) Content of Reports.--Each report under subsection (a) shall
contain, with respect to each foreign person identified in such report,
a brief description of the type and quantity of the goods, services, or
technology transferred by that person to Iran, the circumstances
surrounding the transfer, the usefulness of the transfer to Iranian
weapons programs, and the probable awareness or lack thereof of the
transfer on the part of the government with primary jurisdiction over
the person.''.
(b) Determination Exempting Foreign Persons From Certain Measures
Under the Act.--Section 5(a)(2) of such Act is amended by striking
``systems'' and inserting ``systems, or conventional weapons''.
SEC. 702. AMENDMENTS TO THE NORTH KOREA THREAT REDUCTION ACT OF 1999.
Section 822(a) of the North Korea Threat Reduction Act of 1999
(subtitle B of title VIII of division A of H.R. 3427, as enacted into
law by section 1000(a)(7) of Public Law 106-113; appendix G; 113 Stat.
1501A-472), is amended by striking ``such agreement,'' both places it
appears and inserting in both places ``such agreement (or that are
controlled under the Export Trigger List of the Nuclear Suppliers
Group),''.
SEC. 703. AMENDMENTS TO THE INTERNATIONAL RELIGIOUS FREEDOM ACT OF
1998.
(a) Repeal of Termination of Commission.--The International
Religious Freedom Act of 1998 (22 U.S.C. 6401 et seq.), is amended by
striking section 209.
(b) Authorizations of Appropriations.--Section 207(a) of such Act
(22 U.S.C. 6435(a)) is amended by inserting ``for each of the fiscal
years 2002 and 2003'' after ``$3,000,000''.
(c) Election of Chair of Commission.--Section 201(d) of such Act
(22 U.S.C. 6431(d)) is amended by striking ``in each calendar'' and
inserting ``after May 30 of each''.
(d) Procurement of Nongovernmental Services.--Section 208(c)(1) of
such Act (22 U.S.C. 6435a(c)(1)) is amended by striking ``authority
other than that allowed under this title'' and inserting ``authority,
in excess of $75,000 annually, except as otherwise provided in this
title''.
(e) Donation of Services.--Section 208(d)(1) of such Act (22 U.S.C.
6435a(d)(1)) is amended by striking ``services or'' both places it
appears.
(f) Establishment of Staggered Terms of Members of Commission.--
Section 201(c) of such Act (22 U.S.C. 6431(c)) is amended by adding
after paragraph (1) the following new paragraph:
``(2) Establishment of staggered terms.--Notwithstanding
paragraph (1), members of the Commission appointed to serve on
the Commission during the period May 15, 2003, through May 14,
2005, shall be appointed to terms in accordance with the
provisions of this paragraph. Of the three members of the
Commission appointed by the President under subsection
(b)(1)(B)(i), two shall be appointed to a 1-year term and one
shall be appointed to a 2-year term. Of the three members of
the Commission appointed by the President pro tempore of the
Senate under subsection (b)(1)(B)(ii), one of the appointments
made upon the recommendation of the leader in the Senate of the
political party that is not the political party of the
President shall be appointed to a 1-year term, and the other
two appointments under such clause shall be 2-year terms. Of
the three members of the Commission appointed by the Speaker of
the House of Representatives under subsection (b)(1)(B)(iii),
one of the appointments made upon the recommendation of the
leader in the House of the political party that is not the
political party of the President shall be to a 1-year term, and
the other two appointments under such clause shall be 2-year
terms. The term of each member of the Commission appointed to a
1-year term shall be considered to have begun on May 15, 2003,
and shall end on May 14, 2004, regardless of the date of the
appointment to the Commission. Each vacancy which occurs upon
the expiration of the term of a member appointed to a 1-year
term shall be filled by the appointment of a successor to a 2-
year term.''.
(g) Vacancies.--Section 201(g) of such Act (22 U.S.C. 6431(g)) is
amended by adding at the end the following: ``A member may serve after
the expiration of that member's term until a successor has taken
office. Any member appointed to fill a vacancy occurring before the
expiration of the term for which the member's predecessor was appointed
shall be appointed only for the remainder of that term.''.
SEC. 704. CONTINUATION OF UNITED STATES ADVISORY COMMISSION ON PUBLIC
DIPLOMACY.
(a) Authority To Continue Commission.--Section 1334 of the Foreign
Affairs Reform and Restructuring Act of 1998 (as enacted in division G
of the Omnibus Consolidated and Emergency Supplemental Appropriations
Act, 1999: Public Law 105-277), is amended by striking ``October 1,
2001'' and inserting ``October 1, 2005''.
(b) Repeal.--Section 404(c) of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(section 404(c) of division A of H.R. 3427, as enacted into law by
section 1000(a)(7) of Public Law 106-113; appendix G; 113 Stat. 1501A-
446), is amended by striking paragraph (2).
SEC. 705. PARTICIPATION OF SOUTH ASIA COUNTRIES IN INTERNATIONAL LAW
ENFORCMENT.
The Secretary of State shall ensure, where practicable, that
appropriate government officials from countries in the South Asia
region shall be eligible to attend courses at the International Law
Enforcement Academy located in Bangkok, Thailand, and Budapest,
Hungary, consistent with other provisions of law, with the goal of
enhancing regional cooperation in the fight against transnational
crime.
SEC. 706. PARTICIPATION BY SMALL BUSINESSES IN PROCUREMENT CONTRACTS OF
USAID.
(a) Study.--The Administrator of the United States Agency for
International Development shall conduct a study to determine what
industries are under-represented by small businesses in the procurement
contracts of the Agency.
(b) Initial Report.--Not later than 120 days after the date of the
enactment of this Act, the Administrator shall submit to the designated
congressional committees a report that contains the following:
(1) The results of the study conducted pursuant to
subsection (a).
(2)(A) A specific plan of outreach to include measurable
achievement milestones, to increase both the total numbers of
contracts and the percentage of total contract dollars to small
business, small disadvantaged business, women-owned businesses
(as such terms are defined in the Small Business Act), and
small businesses participating in the program under section
8(a) of such Act.
(B) The plan shall include proposals for all contracts
(Washington, D.C.-based, field-based, and host country
contracts) issued by the Agency or on behalf of the Agency.
(C) The plan shall include proposals and milestones of the
Agency to increase the amount of subcontracting to businesses
described in subparagraph (A) by the prime contractors of the
Agency.
(D) The milestones described in subparagraph (C) shall
include a description of how the Agency will use failure to
meet goals by prime contractors as a ranking factor in
evaluating any other submissions from this vendor for future
contracts by the Agency.
(c) Semiannual Report.--The Administrator shall submit to the
designated congressional committees on a semiannual basis a report that
contains a description of the percentage of total contract dollars
awarded and the total numbers of contracts awarded to businesses
described in subsection (b)(2)(A), including a description of
achievements toward measurable milestones for both direct contracts of
the Agency, host country contracts, and for subcontracting by prime
contractors of the Agency.
(d) Definition.--In this section, the term ``designated
congressional committees'' means--
(1) the Committee on International Relations and the
Committee on Small Business of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
Small Business of the Senate.
SEC. 707. ANNUAL HUMAN RIGHTS COUNTRY REPORTS ON CHILD SOLDIERS.
(a) Countries Receiving Economic Assistance.--Section 116(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(f)), is amended--
(1) in paragraph (7), by striking ``and'' at the end and
inserting a semicolon;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9)(A) wherever applicable, a description of the nature
and extent of--
``(i) the recruitment and conscription of
individuals under the age of 18 by armed forces of the
government of the country, government-supported
paramilitaries, or other armed groups, and the
participation of such individuals in such groups; and
``(ii) the participation of such individuals in
conflict;
``(B) what steps, if any, taken by the government of the
country to eliminate such practices; and
``(C) such other information related to the use by the
country of individuals under the age of 18 as soldiers, as
determined to be appropriate by the Secretary of State.''.
(b) Countries Receiving Security Assistance.--Section 502B(b) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)), is amended by
inserting after the sixth sentence the following: ``Each report under
this section shall also include (i) wherever applicable, a description
of the nature and extent of the recruitment and conscription of
individuals under the age of 18 by armed forces of the government of
the country, government-supported paramilitaries, or other armed
groups, the participation of such individuals in such groups, and the
participation of such individuals in conflict, (ii) what steps, if any,
taken by the government of the country to eliminate such practices, and
(iii) such other information related to the use by the country of
individuals under the age of 18 as soldiers, as determined to be
appropriate by the Secretary of State.''.
SEC. 708. AMENDMENTS TO THE VICTIMS OF TRAFFICKING AND VIOLENCE
PROTECTION ACT OF 2000.
(a) Assistance for Victims in Other Countries.--Section 107(a)(1)
of the Victims of Trafficking and Violence Protection Act of 2000 is
amended by adding at the end the following: ``In addition, such
programs and initiatives shall, to the maximum extent practicable,
include the following:
``(A) Support for local in-country nongovernmental
organization-operated hotlines, culturally and
linguistically appropriate protective shelters, and
regional and international nongovernmental organization
networks and databases on trafficking, including
support to assist nongovernmental organizations in
establishing service centers and systems that are
mobile and extend beyond large cities.
``(B) Support for nongovernmental organizations and
advocates to provide legal, social, and other services
and assistance to trafficked individuals, particularly
those individuals in detention.
``(C) Education and training for trafficked women
and girls upon their return home.
``(D) The safe reintegration of trafficked
individuals into an appropriate community or family,
with full respect for the wishes, dignity, and safety
of the trafficked individual.
``(E) Support for increasing or developing programs
to assist families of victims in locating,
repatriating, and treating their trafficked family
members.''.
(b) Authorization of Appropriations.--Section 113 of the Victims of
Trafficking and Violence Protection Act of 2000 is amended--
(1) in subsection (a), by striking ``for fiscal year 2002''
and inserting ``for each of the fiscal years 2002 and 2003'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``and $10,000,000
for fiscal year 2002'' and inserting ``, $10,000,000
for fiscal year 2002, and $15,000,000 for fiscal year
2003''; and
(B) in paragraph (2), by striking ``for fiscal year
2001'' and inserting ``for each of the fiscal years
2001, 2002, and 2003''; and
(3) in paragraphs (1) and (2) of subsection (e), by
striking ``and $10,000,000 for fiscal year 2002'' each place it
appears and inserting ``, $10,000,000 for fiscal year 2002, and
$15,000,000 for fiscal year 2003''.
SEC. 709. REPORT ON EXTRADITION EFFORTS BETWEEN THE UNITED STATES AND
FOREIGN GOVERNMENTS.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
conjunction with the Attorney General, shall prepare and submit
to the Congress a report on efforts between the United States
and the governments of foreign countries to extradite to the
United States individuals described in paragraph (2).
(2) Individuals described.--An individual described in this
paragraph is an individual who is being held in custody by the
government of a foreign country (or who is otherwise known to
be in the foreign country), and with respect to which a
competent authority of the United States--
(A) has charged with a major extraditable offense
described in paragraph (3);
(B) has found guilty of committing a major
extraditable offense described in paragraph (3); or
(C) is seeking extradition in order to complete a
judicially pronounced penalty of deprivation of liberty
for a major extraditable offense described in paragraph
(3).
(3) Major extraditable offenses described.--A major
extraditable offense described in this paragraph is an offense
of murder, attempted murder, manslaughter, aggravated assault,
kidnapping, abduction, or other false imprisonment, drug
trafficking, terrorism, or rape.
(b) Additional Information.--The report required under subsection
(a) shall also include the following:
(1) The aggregate number of individuals described in
subsection (a)(2) who are being held in custody by all
governments of foreign countries (or are otherwise known to be
in the foreign countries), including the name of each such
foreign country and the number of such individuals held in
custody by the government of each such foreign country.
(2) The aggregate number of requests by competent
authorities of the United States to extradite to the United
States such individuals that have been denied by each foreign
government, the reasons why such individuals have not been so
extradited, and the specific actions the United States has
taken to obtain extradition.
(c) Additional Requirement.--In preparing the report under
subsection (a), the Secretary of State, in conjunction with the
Attorney General--
(1) shall establish procedures under which a competent
authority of a State, which is requesting extradition of 1 or
more individuals from a foreign country as described in
subsection (a)(2) and with respect to which the foreign country
has failed to comply with such request, may submit to the
Attorney General appropriate information with respect to such
extradition request; and
(2) shall include information received under paragraph (1)
in the report under subsection (a).
SEC. 710. PAYMENT OF ANTI-TERRORISM JUDGMENTS.
Section 2002(a)(2)(A)(ii) of the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386; 114 Stat. 1542)),
is amended by inserting ``June 6, 2000,'' after ``March 15, 2000,''.''.
Subtitle B--Sense of Congress Provisions
SEC. 731. SENSE OF CONGRESS RELATING TO HIV/AIDS AND UNITED NATIONS
PEACEKEEPING OPERATIONS.
It is the sense of the Congress that the President should direct
the Secretary of State and the United States Representative to the
United Nations to urge the United Nations to adopt an HIV/AIDS
mitigation strategy as a component of United Nations peacekeeping
operations.
SEC. 732. SENSE OF CONGRESS RELATING TO HIV/AIDS TASK FORCE.
It is the sense of the Congress that the Secretary of State should
establish an international HIV/AIDS intervention, mitigation, and
coordination task force to coordinate activities on international HIV/
AIDS programs administered by agencies of the Federal Government and to
work with international public and private entities working to combat
the HIV/AIDS pandemic.
SEC. 733. SENSE OF CONGRESS CONDEMNING THE DESTRUCTION OF PRE-ISLAMIC
STATUES IN AFGHANISTAN BY THE TALIBAN REGIME.
(a) Findings.--The Congress makes the following findings:
(1) Many of the oldest and most significant Buddhist
statues in the world are in Afghanistan, which, at the time
that many of the statues were carved, was one of the most
cosmopolitan regions in the world and hosted merchants,
travelers, and artists from China, India, central Asia, and the
Roman Empire.
(2) Such statues are part of the common heritage of
mankind, which must be preserved for future generations.
(3) On February 26, 2001, the leader of the Taliban regime,
Mullah Mohammad Omar, ordered the destruction of all pre-
Islamic statues in Afghanistan, among them a pair of 1,600-
year-old, 100-foot-tall statues of Buddha that are carved out
of a mountainside.
(4) The religion of Islam and Buddhist statues have
coexisted in Afghanistan as part of the unique historical and
cultural heritage of that nation for more than 1,100 years.
(5) The destruction of the pre-Islamic statues contradicts
the basic tenet of the Islamic religion that other religions
should be tolerated.
(6) People of all faiths and nationalities have condemned
the destruction of the statues in Afghanistan, including Muslim
communities around the world.
(7) The destruction of the statues violates the United
Nations Convention Concerning the Protection of the World
Cultural and Natural Heritage, which was ratified by
Afghanistan on March 20, 1979.
(b) Sense of Congress.--The Congress--
(1) joins with people and governments around the world in
condemning the destruction of pre-Islamic statues in
Afghanistan by the Taliban regime;
(2) urges the Taliban regime to stop destroying such
statues; and
(3) calls upon the Taliban regime to grant international
organizations immediate access to Afghanistan to survey the
damage and facilitate international efforts to preserve and
safeguard the remaining statues.
SEC. 734. SENSE OF CONGRESS RELATING TO RESOLUTION OF THE TAIWAN STRAIT
ISSUE.
It is the sense of the Congress that Taiwan is a mature democracy
that fully respects human rights and it is the policy of the United
States that any resolution of the Taiwan Strait issue must be peaceful
and include the assent of the people of Taiwan.
SEC. 735. SENSE OF CONGRESS RELATING TO ARSENIC CONTAMINATION IN
DRINKING WATER IN BANGLADESH.
(a) Findings.--In the early 1970s, the United Nations Children's
Fund (UNICEF) and the Bangladeshi Department of Public Health
Engineering, in an attempt to bring clean drinking water to the people
of Bangladesh, installed tube wells to access shallow aquifers. This
was done to provide an alternative to contaminated surface water
sources. However, at the time the wells were installed, arsenic was not
recognized as a problem in water supplies and standard water testing
procedures did not include arsenic tests. Naturally occurring inorganic
arsenic contamination of water in those tube-wells was confirmed in
1993 in the Nawabganj district in Bangladesh. The health effects of
ingesting arsenic-contaminated drinking water appear slowly. This makes
preventative measures, including drawing arsenic out of the existing
tube well and finding alternate sources of water, critical to
preventing future contamination in large numbers of the Bangladeshi
population. Health effects of exposure to arsenic in both adults and
children include skin lesions, skin cancer, and mortality from internal
cancers.
(b) Sense of Congress.--The Secretary of State should work with
appropriate United States Government agencies, national laboratories,
universities in the United States, the Government of Bangladesh,
international financial institutions and organizations, and
international donors to identify a long term solution to the arsenic-
contaminated drinking water problem.
(c) Report to Congress.--The Secretary of State should report to
the Congress on proposals to bring about arsenic-free drinking water to
Bangladeshis and to facilitate treatment for those who have already
been affected by arsenic-contaminated drinking water in Bangladesh.
SEC. 736. SENSE OF CONGRESS RELATING TO DISPLAY OF THE AMERICAN FLAG AT
THE AMERICAN INSTITUTE IN TAIWAN.
It is the sense of the Congress that the chancery of the American
Institute in Taiwan and the residence of the director of the American
Institute in Taiwan should publicly display the flag of the United
States in the same manner as United States embassies, consulates, and
official residences throughout the world.
SEC. 737. SENSE OF CONGRESS REGARDING HUMAN RIGHTS VIOLATIONS IN WEST
PAPUA AND ACEH, INCLUDING THE MURDER OF JAFAR SIDDIQ
HAMZAH, AND ESCALATING VIOLENCE IN MALUKU AND CENTRAL
KALIMANTAN.
(a) Findings.--The Congress makes the following findings:
(1) Human rights violations by elements of the Indonesian
Government continue to worsen in West Papua (Irian Jaya) and
Aceh, while other areas including the Moluccas (Maluku) and
Central Kalimantan have experienced outbreaks of violence by
militia forces and other organized groups.
(2) Seven West Papuans were shot dead by Indonesian
security forces following a flag-raising ceremony in the town
of Merauke on December 2, 2000, and in a separate incident four
others were reportedly killed by Indonesian security forces
after a West Papuan flag was raised in Tiom on December 18,
2000.
(3) Indonesian police have attacked peaceful West Papuan
civilians, including students in their dormitories at
Cenderawasih University on December 6, 2000. This attack
resulted in the beating and arrests of some 100 students as
well as the deaths of three students, including one in police
custody in the capital city of Jayapura.
(4) To escape Indonesian security forces, hundreds of
peaceful West Papuans have sought safety in refugee camps
across the border in the neighboring state of Papua New Guinea
(PNG).
(5) The Indonesian armed forces have announced that they
are initiating ``limited military operations'' in Aceh, where
the Exxon-Mobil gas company has suspended operations due to
security concerns.
(6) On September 7, 2000, the body of Acehnese human rights
lawyer Jafar Siddiq Hamzah, who had been missing for a month,
was identified along with four other badly decomposed bodies,
whose faces were bashed in and whose hands and feet were bound
with barbed wire, in a forested area outside of Medan, in North
Sumatra.
(7) Hamzah, a permanent resident of the United States who
resided in Queens, New York, was last seen alive on August 5,
2000, in Medan, after which he failed to keep an appointment
and his family lost all contact with him.
(8) As the founder and director of the International Forum
on Aceh, which works for peace and human rights in Aceh, Hamzah
was an important voice of moderation and an internationally
known representative of his people who made irreplaceable
contributions to peace and respect for human rights in his
homeland.
(9) The Indonesian government has failed to release the
results of Jafar Siddiq Hamzah's autopsy report, and the
inaccessibility of the report has delayed the investigation
which could lead to bringing the murderers to justice.
(10) There is supporting documentation from the United
States Department of State and other reliable sources that
Indonesian military and police forces have committed widespread
acts of torture, rape, disappearance and extra-judicial
executions against West Papuan and Acehnese civilians.
(11) In Maluku, where Muslim and Christian peoples lived in
peace and respected with each other for decades, thousands have
been killed and tens of thousands displaced during outbreaks of
violence over the past 3 years.
(12) Militia forces known as the Laskar Jihad have arrived
from Java and other islands outside Maluku to inflame hatred
and perpetrate violence against Christians, and to create
religious intolerance among the people of Maluku, and the
Laskar Jihad has been openly encouraged by some Indonesian
leaders including Amien Rais, Chair of the People's
Consultative Assembly.
(13) Muslim and Christian leaders alike have called for the
arrest of militia leaders in Maluku and asking for
international assistance in ending this devastating conflict.
(14) The most recent instance of widespread violence in
Indonesia has broken out on the island of Kalimantan (Borneo),
in the province of Central Kalimantan, where indigenous Dayaks
brutally attacked migrant Madurese, killing hundreds and
causing thousands of others to flee.
(15) The people of the island of Madura who were resettled
in Kalimantan under the auspices of the Soeharto government's
transmigration program, which served to strengthen the
political control of the regime, have become scapegoats for
official government policy, while the Dayaks have suffered from
this policy and from official exploitation of the natural
resources of their homeland.
(b) Sense of Congress.--The Congress--
(1) expresses its deep concern over ongoing human rights
violations committed by Indonesian military and police forces
against civilians in West Papua and Aceh, as well as over
violence by militias and others in Maluku, Central Kalimantan,
and elsewhere in Indonesia;
(2) calls upon the United States Department of State to
publicly protest the reemergence of political imprisonment in
Indonesia and to take necessary steps to release, immediately
and unconditionally, all political prisoners, including Rev.
Obed Komba, Rev. Yudas Meage, Yafet Yelemaken, Murjono Murib
and Amelia Yigibalom of West Papua, and Muhammad Nazar of Aceh,
all adopted by Amnesty International as Prisoners of
Conscience, and student demonstrators Matius Rumbrapuk, Laon
Wenda, Jenderal Achmad Yani, Joseph Wenda and Hans Gobay of
West Papua;
(3) calls upon the Department of State to support and
encourage the Government of Indonesia to engage in peaceful
dialogue with respected West Papuan community leaders and other
members of West Papuan civil society, as prescribed by the 1999
Terms of Reference for the National Dialogue on Irian Jaya, and
to urge the Governor of West Papua to create an environment
conducive to the peaceful repatriation of West Papuan refugees
and ``illegal border crossers'' who now reside in Papua New
Guinea;
(4) calls upon the United States Government to press the
Government of Indonesia to permit access to West Papua and
Aceh, including the project areas of the United States-owned
Freeport mine and Exxon-Mobil facilities, by independent human
rights and environmental monitors, including the United Nations
special rapporteurs on torture and extra-judicial execution, as
well as by humanitarian nongovernmental organizations;
(5) calls upon the United States Government to press for
the withdrawal of nonorganic troops from West Papua and Aceh,
and an overall reduction of force numbers in those areas,
particularly along the PNG border;
(6) calls upon the Government of Indonesia to release the
autopsy report of Jafar Siddiq Hamzah immediately, to conduct a
thorough, open, and transparent investigation of the murder of
Hamzah and the four others with whom he was found, to offer
full access and support to independent investigators and
forensics experts brought in to examine these cases, and to
ensure that the perpetrators of these atrocities are brought to
justice through open and fair trials;
(7) condemns the recent atrocities in Central Kalimantan
the failure of Indonesian police and other security forces to
intervene to stop these atrocities, as well as the underlying
social and economic conditions caused by systematic
transmigration programs, imported labor, and inequitable and
destructive exploitation of local natural resources that have
worsened the poverty and discrimination which were contributing
factors in their commission;
(8) condemns comparable Indonesian Government policies in
Maluku and the failure of Indonesian police and other security
forces in and around Ambon to halt sectarian violence,
including the operations of the Laskar Jihad militia;
(9) calls upon the Government of Indonesia to take decisive
action to halt sectarian violence in Maluku and to arrest those
guilty of violence, including Laskar Jihad militia leaders and
armed forces officers guilty of complicity in their operations
against civilians, and to make significant progress towards
rehabilitation and reestablishment of local communities
displaced by the violence and rebuild the physical
infrastructure of the communities;
(10) calls upon the Department of State to support United
Nations and other international delegations and monitoring
efforts by international and nongovernmental agencies in West
Papua, Aceh, Maluku, Central Kalimantan, West Timor, and other
areas of Indonesia in order to deter further human rights
violations, and to encourage and support international and
nongovernmental agencies in efforts to help the people of
Indonesia rebuild and rehabilitate communities torn by
violence, particularly by assisting in the return of internally
displaced peoples and in efforts at reconciliation within and
among communities;
(11) calls upon the Department of State to ensure that all
appropriate information regarding current conditions in the
West Papua, Aceh, Maluku, Kalimantan, and elsewhere in
Indonesia is included in the Annual Country Reports on Human
Rights Practices and the Annual Report on International
Religious Freedom;
(12) calls upon the Government of Indonesia to devote
official attention, in an atmosphere of openness and
transparency and oversight, to investigations into the numerous
cases of disappearances, extrajudicial killings, and other
serious human rights violations in West Papua, Aceh, Maluku,
Central Kalimantan, elsewhere in Indonesia, and occupied East
Timor; and
(13) calls upon the United States Government to continue to
insist upon vigorous investigation into all such violations,
and upon trials according to international standards for
military and police officers, militia leaders, and others
accused of such violations.
SEC. 738. SENSE OF CONGRESS SUPPORTING PROPERLY CONDUCTED ELECTIONS IN
KOSOVA DURING 2001.
(a) Findings.--The Congress makes the following findings:
(1) Former Yugoslav President Slobodan Milosevic
perpetrated a brutal campaign of ethnic cleansing against the
ethnic Albanian population of Kosova, resulting in thousands of
deaths and rapes and the displacement of nearly 1 million
people.
(2) Prior to the disintegration of the former Yugoslavia,
Kosova was a separate political and legal entity with a
separate and distinct financial sector, police force,
government, education system, judiciary, and health care
system.
(3) During that time, the people of Kosova successfully
administered the province.
(4) During the Milosevic era, Kosovar citizens demonstrated
again their ability to govern themselves by creating parallel
governmental and social institutions.
(5) Local elections held in Kosova in 2000 were considered
free and fair by international observers.
(6) United Nations Security Council Resolution 1244
authorizes the United Nations Mission in Kosova to provide for
transitional administration while establishing and overseeing
the development of democratic and self-governing institutions,
including the holding of elections, to ensure conditions for a
peaceful and normal life for all inhabitants of Kosova.
(7) The United Nations Mission in Kosova and the
Organization for Security and Cooperation in Europe should
ensure that the conditions for properly conducted elections in
Kosova are in place prior to the election.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) the United Nations Mission in Kosova should hold
properly conducted elections throughout Kosova during the year
2001;
(2) the only way to maintain a true and lasting peace in
the region is through the creation of democratic Kosovar
institutions with real governing authority and responsibility,
and Kosova-wide jurisdiction;
(3) all persons, regardless of ethnicity, are encouraged to
participate in elections throughout Kosova; and
(4) the United States should work with the United Nations
Mission in Kosova and the Organization for Security and
Cooperation in Europe to ensure that the transition to Kosovar
self-government under the terms and conditions of United
Nations Security Council Resolution 1244 proceeds peacefully,
successfully, expeditiously, and in a spirit of ethnic
inclusiveness.
SEC. 739. SENSE OF CONGRESS RELATING TO POLICY REVIEW OF RELATIONS WITH
THE PEOPLE'S REPUBLIC OF CHINA.
It is the sense of Congress that--
(1) the President of the United States and his advisors
should be commended for their success and the diplomatic skill
with which they negotiated the safe return of the 24 American
crew members of the United States Navy reconnaissance aircraft
that made an emergency landing on the Chinese island of Hainan
on April 1, 2001; and
(2) the United States Government should conduct a policy
review of the nature of its relations with the Government of
the People's Republic of China in light of recent events.
SEC. 740. SENSE OF CONGRESS RELATING TO BROADCASTING IN THE MACEDONIAN
LANGUAGE BY RADIO FREE EUROPE.
It is the sense of the Congress that the Broadcasting Board of
Governors should initiate surrogate broadcasting by Radio Free Europe
in the Macedonian language to Macedonian-speaking areas of the Former
Yugoslav Republic of Macedonia.
SEC. 741. SENSE OF CONGRESS RELATING TO MAGEN DAVID ADOM SOCIETY.
(a) Findings.--Congress finds the following:
(1) It is the mission of the International Red Cross and
Red Crescent Movement to prevent and alleviate human suffering
wherever it may be found, without discrimination.
(2) The International Red Cross and Red Crescent Movement
is a worldwide institution in which all national Red Cross and
Red Crescent societies have equal status.
(3) The Magen David Adom Society is the national
humanitarian society in the state of Israel.
(4) The Magen David Adom Society follows all the principles
of the International Red Cross and Red Crescent Movement.
(5) Since the founding of the Magen David Adom Society in
1930, the American Red Cross has regarded it as a sister
national society and close working ties have been established
between the two societies.
(6) The Magen David Adom Society has used the Red Shield of
David as its humanitarian emblem since its founding in 1930 for
the same purposes that other national Red Cross and Red
Crescent societies use their respective emblems.
(7) Since 1949 Magen David Adom has been refused admission
into the International Red Cross and Red Crescent Movement and
has been relegated to observer status without a vote because it
has used the Red Shield of David.
(8) Magen David Adom is the only humanitarian organization
equivalent to a national Red Cross or Red Crescent society in a
sovereign nation that is denied membership into the
International Red Cross and Red Crescent Movement.
(9) The American Red Cross has consistently advocated
recognition and membership of the Magen David Adom Society in
the International Red Cross and Red Crescent Movement.
(10) The House of Representatives adopted H. Res. 464 on
May 3, 2000, and the Senate adopted S. Res. 343 on October 18,
2000, expressing the sense of the House of Representatives and
the sense of the Senate, respectively, that the International
Red Cross and Red Crescent Movement should recognize and admit
to full membership Israel's Magen David Adom Society with its
emblem, the Red Shield of David.
(11) The Secretary of State testified before the Committee
on the Budget of the Senate on March 14, 2001, and stated that
admission of Magen David Adom into the International Red Cross
movement is a priority.
(12) The United States provided $119,230,000 for the
International Committee of the Red Cross in fiscal year 2000.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the International Committee of the Red Cross should
immediately recognize the Magen David Adom Society;
(2) the Federation of Red Cross and Red Crescent Societies
should grant full membership to the Magen David Adom Society
immediately following recognition by the International
Committee of the Red Cross of the Magen David Adom Society as a
full member of the International Committee of the Red Cross;
(3) the Red Shield of David should be accorded the same
protections under international law as the Red Cross and the
Red Crescent; and
(4) the United States should continue to press for full
membership for the Magen David Adom in the International Red
Cross Movement.
SEC. 742. SENSE OF CONGRESS URGING THE RETURN OF PORTRAITS PAINTED BY
DINA BABBITT DURING HER INTERNMENT AT AUSCHWITZ THAT ARE
NOW IN THE POSSESSION OF THE AUSCHWITZ-BIRKENAU STATE
MUSEUM.
(a) Findings.--The Congress makes the following findings:
(1) Dina Babbitt (formerly known as Dinah Gottliebova), a
United States citizen now in her late 70's, has requested the
return of watercolor portraits she painted while suffering a
year-and-a-half-long internment at the Auschwitz death camp
during World War II.
(2) Dina Babbitt was ordered to paint the portraits by the
infamous war criminal Dr. Josef Mengele.
(3) Dina Babbitt's life, and her mother's life, were spared
only because she painted portraits of doomed inmates of
Auschwitz-Birkenau, under orders from Dr. Josef Mengele.
(4) These paintings are currently in the possession of the
Auschwitz-Birkenau State Museum.
(5) Dina Babbitt is unquestionably the rightful owner of
the artwork, since the paintings were produced by her own
talented hands as she endured the unspeakable conditions that
existed at the Auschwitz death camp.
(6) The artwork is not available for the public to view at
the Auschwitz-Birkenau State Museum and therefore this unique
and important body of work is essentially lost to history.
(7) This continued injustice can be righted through
cooperation between agencies of the United States and Poland.
(b) Sense of Congress.--The Congress--
(1) recognizes the moral right of Dina Babbitt to obtain
the artwork she created, and recognizes her courage in the face
of the evils perpetrated by the Nazi command of the Auschwitz-
Birkenau death camp, including the atrocities committed by Dr.
Josef Mengele;
(2) urges the President to make all efforts necessary to
retrieve the seven watercolor portraits Dina Babbitt painted,
while suffering a year-and-a-half-long internment at the
Auschwitz death camp, and return them to her;
(3) urges the Secretary of State to make immediate
diplomatic efforts to facilitate the transfer of the seven
original watercolors painted by Dina Babbitt from the
Auschwitz-Birkenau State Museum to Dina Babbitt, their rightful
owner;
(4) urges the Government of Poland to immediately
facilitate the return to Dina Babbitt of the artwork painted by
her that is now in the possession of the Auschwitz-Birkenau
State Museum; and
(5) urges the officials of the Auschwitz-Birkenau State
Museum to transfer the seven original paintings to Dina Babbitt
as expeditiously as possible.
SEC. 743. SENSE OF CONGRESS REGARDING VIETNAMESE REFUGEE FAMILIES.
It is the sense of the Congress that Vietnamese refugees who served
substantial sentences in re-education camps due to their wartime
associations with the United States and who, subsequently, were
resettled in the United States should be permitted to include their
unmarried sons and daughters as family members for purposes of such
resettlement.
SEC. 744. SENSE OF CONGRESS RELATING TO MEMBERSHIP OF THE UNITED STATES
IN UNESCO.
(a) Findings.--The Congress makes the following findings:
(1) The United Nations Educational, Scientific, and
Cultural Organization (UNESCO) was created in 1946 with the
support of the United States as an integral part of the United
Nations systems, designed to promote international cooperation
and exchanges in the fields of education, science, culture, and
communication with the larger purpose of constructing the
defense of peace against intolerance and incitement to war.
(2) In 1984, the United States withdrew from membership in
UNESCO over serious questions of internal management and
political polarization.
(3) Since the United States withdrew from the organization,
UNESCO addressed such criticisms by electing new leadership,
tightening financial controls, cutting budget and staff,
restoring recognition of intellectual property rights, and
supporting the principle of a free and independent
international press.
(4) In 1993, the General Accounting Office, after
conducting an extensive review of UNESCO's progress in
implementing changes, concluded that the organization's member
states, the Director General of UNESCO, managers and employee
associations demonstrated a commitment to management reform
through their actions.
(5) On September 28, 2000, former Secretary of State George
P. Schultz, who implemented the withdrawal of the United States
from UNESCO with a letter to the organization's Director
General in 1984, indicated his support for the United States
renewal of membership in UNESCO.
(6) The participation of the United States in UNESCO
programs offers a means for furthering the foreign policy
interests of the United States through the promotion of
cultural understanding and the spread of knowledge critical to
strengthening civil society.
(b) Sense of Congress.--It is the sense of the Congress that the
President should take all necessary steps to renew the membership and
participation of the United States in the United Nations Educational,
Scientific and Cultural Organization (UNESCO).
SEC. 745. SENSE OF CONGRESS RELATING TO GLOBAL WARMING.
(a) Findings.--The Congress makes the following findings:
(1) Global climate change poses a significant threat to
national security, the American economy, public health and
welfare, and the global environment.
(2) The Intergovernmental Panel on Climate Change (IPCC)
has found that most of the observed warming over the last 50
years is attributable to human activities, including fossil
fuel-generated carbon dioxide emissions.
(3) The IPCC has stated that global average surface
temperatures have risen since 1861.
(4) The IPCC has stated that in the last 40 years, the
global average sea level has risen, ocean heat content has
increased, and snow cover and ice extent have decreased which
threatens to inundate low-lying Pacific island nations and
coastal regions throughout the world.
(5) The Environmental Protection Agency predicts that
global warming will harm United States citizens by altering
crop yields, causing sea levels to rise, and increasing the
spread of tropical infectious diseases.
(6) Industrial nations are the largest producers today of
fossil fuel-generated carbon dioxide emissions.
(7) The United States has ratified the United Nations
Framework on Climate Change which states, in part, ``the
Parties to the Convention are to implement policies with the
aim of returning... to their 1990 levels anthropogenic
emissions of carbon dioxide and other greenhouse gases''.
(8) The United Nations Framework Convention on Climate
Change further states that ``developed country Parties should
take the lead in combating climate change and the adverse
effects thereof''.
(9) Action by the United States to reduce emissions, taken
in concert with other industrialized nations, will promote
action by developing countries to reduce their own emissions.
(10) A growing number of major American businesses are
expressing a need to know how governments worldwide will
respond to the threat of global warming.
(11) More efficient technologies and renewable energy
sources will mitigate global warming and will make the United
States economy more productive and create hundreds of thousands
of jobs.
(b) Sense of Congress.--It is the sense of the Congress that the
United States should demonstrate international leadership and
responsibility in mitigating the health, environmental, and economic
threats posed by global warming by--
(1) taking responsible action to ensure significant and
meaningful reductions in emissions of carbon dioxide and other
greenhouse gases from all sectors; and
(2) continuing to participate in international negotiations
with the objective of completing the rules and guidelines for
the Kyoto Protocol in a manner that is consistent with the
interests of the United States and that ensures the
environmental integrity of the protocol.
SEC. 746. SENSE OF CONGRESS REGARDING THE BAN ON SINN FEIN MINISTERS
FROM THE NORTH-SOUTH MINISTERIAL COUNCIL IN NORTHERN
IRELAND.
(a) Findings.--The Congress makes the following findings:
(1) The Good Friday Agreement established the North-South
Ministerial Council to bring together those with executive
responsibilities in Northern Ireland and the Republic of
Ireland to discuss matters of mutual interest on a cross-border
and all-island basis.
(2) The Ulster Unionist Party, Social Democratic and Labour
Party, Sinn Fein and the Democratic Unionist Party comprise the
Northern Ireland executive.
(3) First Minister David Trimble continues to ban Sinn Fein
Ministers Martin McGuiness and Bairbre de Brun from attending
North-South Ministerial Council meetings.
(4) On January 30, 2001, the Belfast High Court ruled First
Minister Trimble had acted illegally in preventing the Sinn
Fein Ministers from attending the North-South Ministerial
Council meetings.
(b) Sense of Congress.--The Congress calls upon First Minister
David Trimble to adhere to the terms of the Good Friday Agreement and
lift the ban on the participation of Sinn Fein Ministers on the North-
South Ministerial Council.
SEC. 747. SENSE OF CONGRESS RELATING TO THE NEGOTIATION OF EFFECTIVE
EXTRADITION TREATIES.
(a) Findings.--The Congress finds as follows:
(1) According to the Department of Justice, there are
approximately 3,000 open extradition cases worldwide at any
time.
(2) The United States has extradition treaties with only
approximately 60 percent of the worlds nations.
(3) Of such treaties, nearly half were enacted prior to
World War II and are seriously out of date.
(4) Treaties enacted prior to the 1970's are basically
ineffective because only specific crimes listed in the treaties
are extraditable offenses.
(5) Treaties negotiated since the 1970's are much more
effective because they are flexible and reflect modern criminal
justice issues such as international child abduction and
cybercrimes.
(b) Sense of Congress.--The Congress calls on the Secretary of
State to develop and implement a process for negotiating new effective
extradition treaties with countries with which the United States has no
current extradition treay, as well as renegotiating old ineffective
treaties, and to work closely with the Department of Justice in
achieving these objectives.
SEC. 748. SENSE OF CONGRESS RELATING TO UPCOMING ELECTIONS IN FIJI,
EAST TIMOR, AND PERU.
It is the sense of the Congress that--
(1) the upcoming national elections in Fiji and East Timor
in August 2001 and Peru in June 2001 are crucial and should be
conducted in a free, fair, and democratic manner; and
(2) the Secretary of State should send election monitors to
Fiji, and should offer technical support, as appropriate, to
East Timor and Peru, to support free and fair elections in
these nations.
SEC. 749. SENSE OF CONGRESS REGARDING THE MURDER OF JOHN M. ALVIS.
(a) Findings.--The Congress makes the following findings:
(1) On November 30, 2000, John M. Alvis was brutally
murdered in Baku, Azerbaijan.
(2) John Alvis was serving his final two weeks of a two
year full-time commitment to the International Republican
Institute, an American nongovernmental organization carrying
out assistance projects for the United States Government to
help promote democracy and strengthen the rule of law in
Azerbaijan.
(3) Almost immediately following the news of the murder of
John M. Alvis, our United States Ambassador to Azerbaijan, Ross
Wilson, raised the issue with the the President of Azerbaijan
and with the Minister of Interior, and was assured that every
effort would be made to carry out a prompt and thorough
investigation.
(4) After the murder, 18 members of Congress, led by
Congressman Kevin Brady and then-Chairman of the House
International Relations Committee, Ben Gilman, wrote President
Aliyev expressing the commitment of the Congress to seeing
John's murder solved, and Senator John McCain wrote former
President Clinton's Administration requesting the FBI's
involvement.
(5) The United States Ambassador to Azerbaijan continues to
raise this issue with Azerbaijani officials.
(6) The Government of Azerbaijan has cooperated with the
FBI to find the individual or individuals responsible for
killing John Alvis.
(7) United States President George W. Bush wrote
Azerbaijan's President Hedar Aliyev and thanked Azerbaijan for
its efforts to find the murderer or murderers of John M. Alvis.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States and the Congress is absolutely
committed to ensuring that the truth of the murder of John M.
Alvis is determined and the individual or individuals
responsible for this heinous act are brought to justice; and
(2) the Congress--
(A) appreciates the efforts of the Government of
Azerbaijan to find the murderer or murderers of John M.
Alvis and urges it to continue to make it a high
priority; and
(B) urges the United States Department of State to
continue to raise the issue of the murder of John M.
Alvis with the Government of Azerbaijan and to make
this issue a priority item in relations between the
Government of the United States and the Government of
Azerbaijan.
SEC. 750. SENSE OF CONGRESS RELATING TO REMARKS BY THE PRESIDENT OF
SYRIA CONCERNING ISRAEL.
(a) Findings.--The Congress finds the following:
(1) On March 27, 2001, at the first regular Arab summit
gathering in more than 10 years, President Bashar al-Assad used
his speech to lash out at Israel.
(2) On March 28, 2001, the New York Times reported, ``In
electing Mr. Sharon to be their leader, President Assad said,
Israelis had chosen a man who hated anything to do with Arabs
and had dedicated his career to killing them.''.
(3) President Assad additionally said, ``We say that the
head of the government is a racist, it's a racist government, a
racist army and security force,'' he said, adding that by
extension, ``It is a racist society and it is even more racist
than the Nazis.''.
(4) On March 28, 2001, State Department spokesman Richard
Boucher described President Assad's remarks as, ``absolutely
wrong... totally unacceptable and inappropriate.''.
(5) On March 29, 2001, the Bush administration's top Middle
East diplomat, Assistant Secretary of State Edward Walker,
responding to Assad's remarks stated, ``His statement at the
Arab League was unacceptable, particularly his reference to
Zionism as racism.''.
(6) On May 5, 2001, in his welcoming speech to Pope John
Paul II, upon the Pope's arrival in Damascus, President Assad
said, ``They, Israelis, try to kill all the principles of
divine faiths with the same mentality of betraying Jesus Christ
and torturing Him, and in the same way that they tried to
commit treachery against Prophet Mohammad.''.
(7) On May 6, 2001, at the Umayyad Mosque, Muhammad
Ziyadah, Syria's minister of religious affairs, said, ``We must
be fully aware of what the enemies of God and malicious Zionism
conspire to commit against Christianity and Islam.''.
(8) On May 7, 2001, State Department spokesman Richard
Boucher condemned President Assad's remarks, ``Our view is that
these comments are as regrettable as they are unacceptable.
There's no place from anyone or from any side for statements
that inflame religious passions and hatred.''.
(9) It is only through constructive diplomacy, and not
through hateful, counterproductive speech, that peace can
possibly be achieved in the Middle East.
(b) Sense of Congress.--The Congress--
(1) condemns Syrian President Bashar al-Assad for his
inflammatory remarks on March 27, 2001, and May 5, 2001;
(2) expresses its solidarity with the state and people of
Israel at this time of crisis;
(3) calls upon President Assad and the Syrian Government to
refrain from any future inflammatory remarks;
(4) commends the Administration for its swift response to
President Assad's remarks; and
(5) urges the Administration to emphasize to Syrian
Government officials the concerns of the United States about
the negative impact such remarks make on Middle East peace
negotiations.
SEC. 751. SENSE OF CONGRESS RELATING TO ENVIRONMENTAL CONTAMINATION AND
HEALTH EFFECTS IN THE PHILIPPINES EMANATING FROM FORMER
UNITED STATES MILITARY FACILITIES.
It is the sense of the Congress that--
(1) the Secretary of State, in cooperation with the
Secretary of Defense, should continue to work with the
Government of the Philippines and with appropriate non-
governmental organizations in the United States and the
Philippines to fully identify and share all relevant
information concerning environmental contamination and health
effects emanating from former United States military facilities
in the Philippines following departure of the United States
military forces from the Philippines in 1992;
(2) the United States and the Government of the Philippines
should continue to build upon the agreements outlined in the
Joint Statement by the United States and the Republic of the
Philippines on a Framework for Bilateral Cooperation in the
Environment and Public Health signed on July 27, 2000; and
(3) Congress should encourage an objective non-governmental
study which would examine environmental contamination and
health effects emanating from former United States military
facilities in the Philippines, following departure of United
States military forces from the Philippines in 1992.
SEC. 752. SENSE OF CONGRESS REGARDING THE LOCATION OF PEACE CORPS
OFFICES ABROAD.
It is the sense of the Congress that, to the degree permitted by
security considerations, the Secretary of State should give favorable
consideration to requests by the Director of the Peace Corps that the
Secretary exercise his authority under section 606(a)(2)(B) of the
Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C.
4865(a)(2)(B)) to waive certain requirements of that Act in order to
permit the Peace Corps to maintain offices in foreign countries at
locations separate from the United States embassy.
SEC. 753. SENSE OF CONGRESS REGARDING THE MISTREATMENT OF UNITED STATES
CIVILIAN PRISONERS INCARCERATED BY THE AXIS POWERS DURING
WORLD WAR II.
(a) Findings.--The Congress makes the following findings:
(1) The Axis Powers captured and incarcerated 18,745 United
States civilians who were living or traveling abroad during
World War II, of which 1,704 died or were executed in
captivity.
(2) These civilian prisoners of war were subjected to
barbaric prison conditions and endured torture, starvation, and
disease.
(3) The incarceration of these United States civilians and
the conditions of such incarceration violated international
human rights principles.
(4) The vast majority of these civilian prisoners of war
have never received any formal recognition or compensation for
their suffering, despite the physical and emotional trauma they
endured.
(5) The incarceration of United States civilians by the
Axis Powers during World War II and the conditions of such
incarceration violated international human rights principles.
(b) Sense of Congress.--The Congress--
(1) extends its sympathies to the brave men and women who
endured the terrible hardships of such incarceration and to
their families; and
(2) encourages foreign nations that incarcerated United
States civilians during World War II to formally apologize to
these individuals and their families.
SEC. 754. SENSE OF CONGRESS REGARDING PURCHASE OF AMERICAN-MADE
EQUIPMENT AND PRODUCTS.
In the case of any equipment or products that may be authorized to
be purchased with financial assistance provided under this Act
(including any amendment made by this Act), it is the sense of the
Congress that entities receiving such assistance should, in expending
the assistance, purchase only American-made equipment and products.
SEC. 755. SENSE OF CONGRESS RELATING TO STATE DEPARTMENT TRAVEL
WARNINGS FOR ISRAEL, THE WEST BANK, AND GAZA.
It is the sense of the Congress that--
(1) the Secretary of State should, in an effort to provide
better and more accurate information to American citizens
traveling abroad, review the current travel warning in place
for Israel, the West Bank, and Gaza, to determine which areas
present the highest threat to American citizens in the region
and which areas may be visited safely; and
(2) the Secretary of State should revise the travel warning
for Israel, the West Bank, and Gaza as appropriate based on the
above determinations.
TITLE VIII--SECURITY ASSISTANCE
SEC. 801. SHORT TITLE.
This title may be cited as the ``Security Assistance Act of 2001''.
Subtitle A--Military and Related Assistance
CHAPTER 1--FOREIGN MILITARY SALES AND RELATED AUTHORITIES
SEC. 811. QUARTERLY REPORT ON PRICE AND AVAILABILITY ESTIMATES.
Chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.),
is amended by adding at the end the following:
``SEC. 28. QUARTERLY REPORT ON PRICE AND AVAILABILITY ESTIMATES.
``(a) Quarterly Report.--Not later than 15 days after the end of
each calendar quarter, the President shall transmit to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate a report that contains the
information described in subsection (b).
``(b) Information.--The information described in this subsection is
the following:
``(1)(A) Each price and availability estimate provided by
the United States Government during such calendar quarter to a
foreign country with respect to a possible sale under this Act
of major defense articles having a cost of $7,000,000 or more,
or of any other defense articles or services having a cost of
$25,000,000 or more.
``(B) The name of each foreign country to which an estimate
described in subparagraph (A) was provided, the defense
articles or services involved, the quantity of the articles or
services involved, and the price estimate.
``(2)(A) Each request received by the United States
Government from a foreign country during such calendar quarter
for the issuance of a letter of offer to sell defense articles
or defense services if the proposed sale does not include a
price and availability estimate (as described in paragraph
(1)(A)).
``(B) The name of each foreign country that makes a request
described in subparagraph (A), the date of the request, the
defense articles or services involved, the quantity of the
articles or services involved, and the price and availability
terms requested.''.
SEC. 812. OFFICIAL RECEPTION AND REPRESENTATION EXPENSES.
Section 43(c) of the Arms Export Control Act (22 U.S.C. 2792(c)),
is amended by striking ``$72,500'' and inserting ``$86,500''.
SEC. 813. TREATMENT OF TAIWAN RELATING TO TRANSFERS OF DEFENSE ARTICLES
AND SERVICES.
Notwithstanding any other provision of law, for purposes of the
transfer or potential transfer of defense articles or defense services
under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any other provision
of law, Taiwan shall be treated as the equivalent of a major non-NATO
ally.
SEC. 814. UNITED STATES POLICY WITH REGARD TO TAIWAN.
(a) Consultation With Congress.--Not later than 30 days prior to
consultations with Taiwan described in subsection (b), the President
shall consult, on a classified basis, with Congress regarding the
following matters with respect to the availability of defense articles
and services for Taiwan:
(1) The request by Taiwan to the United States for the
purchase of defense articles and defense services.
(2) The President's assessment of the legitimate defense
needs of Taiwan taking into account Taiwan's request described
in paragraph (1).
(3) The decisionmaking process used by the President to
consider such request.
(b) Consultation With Taiwan.--At least once every calendar year,
the President, or the President's designee, shall consult with
representatives of the armed forces of Taiwan, at not less than the
level of Vice Chief of the General Staff, concerning the nature and
quantity of defense articles and services to be made available to
Taiwan in accordance with section 3(b) of the Taiwan Relations Act (22
U.S.C. 3302(b)). Such consultations shall take place in Washington,
D.C.
CHAPTER 2--EXCESS DEFENSE ARTICLE AND DRAWDOWN AUTHORITIES
SEC. 821. EXCESS DEFENSE ARTICLES FOR CERTAIN EUROPEAN AND OTHER
COUNTRIES.
(a) Central and Southern European Countries.--Section 105 of Public
Law 104-164 (110 Stat. 1427) is amended by striking ``2000 and 2001''
and inserting ``2001, 2002, and 2003''.
(b) Certain Other Countries.--Notwithstanding section 516(e) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during each of the
fiscal years 2002 and 2003, funds available to the Department of
Defense may be expended for crating, packing, handling, and
transportation of excess defense articles transferred under the
authority of section 516 of such Act to Albania, Bulgaria, Croatia,
Estonia, the Former Yugoslavia Republic of Macedonia, Georgia,
Kyrgyzstan, Latvia, Lithuania, Mongolia, the Philippines, Slovakia, and
Uzbekistan.
(c) Content of Congressional Notification.--Each notification
required to be submitted under section 516(f) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(f)) with respect to a proposed transfer of
a defense article described in subsection (b) shall include an estimate
of the amount of funds to be expended under such subsection with
respect to that transfer.
SEC. 822. LEASES OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES AND
INTERNATIONAL ORGANIZATIONS.
Section 61(b) of the Arms Export Control Act (22 U.S.C. 2796(b)),
is amended--
(1) by striking ``(b) Each lease agreement'' and inserting
``(b)(1) Each lease agreement''; and
(2) by striking ``of not to exceed five years'' and
inserting ``which may not exceed (A) five years, and (B) a
specified period of time required to complete major
refurbishment work of the leased articles to be performed prior
to the delivery of the leased articles,''; and
(3) by adding at the end the following:
``(2) In this subsection, the term `major refurbishment work' means
work for which the period of performance is 6 months or more.''.
SEC. 823. PRIORITY WITH RESPECT TO TRANSFER OF EXCESS DEFENSE ARTICLES.
Section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(c)(2)), is amended by striking ``and to major non-NATO allies on
such southern and southeastern flank'' and inserting ``, to major non-
NATO allies on such southern and southeastern flank, and to the
Philippines''.
CHAPTER 3--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
SEC. 831. INTERNATIONAL COUNTERPROLIFERATION EDUCATION AND TRAINING.
Chapter 9 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2349bb et seq.), is amended--
(1) by redesignating sections 584 and 585 as sections 585
and 586, respectively; and
(2) by inserting after section 583 the following:
``SEC. 584. INTERNATIONAL COUNTER-PROLIFERATION EDUCATION AND TRAINING.
``(a) General Authority.--The President is authorized to furnish,
on such terms and conditions consistent with this chapter (but whenever
feasible on a reimbursable basis), education and training to foreign
governmental and military personnel for the purpose of enhancing the
nonproliferation and export control capabilities of such personnel
through their attendance in special courses of instruction in the
United States.
``(b) Administration of Courses.--The Secretary of State shall have
overall responsibility for the development and conduct of international
nonproliferation education and training programs, but may rely upon any
of the following agencies to recommend personnel for the education and
training, and to administer specific courses of instruction:
``(1) The Department of Defense (including national weapons
laboratories under contract with the Department).
``(2) The Department of Energy (including national weapons
laboratories under contract with the Department).
``(3) The Department of Commerce.
``(4) The intelligence community (as defined in section
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))).
``(5) The United States Customs Service.
``(6) The Federal Bureau of Investigation.
``(c) Purposes.--Education and training activities conducted under
this section shall be--
``(1) of a technical nature, emphasizing techniques for
detecting, deterring, monitoring, interdicting, and countering
proliferation;
``(2) designed to encourage effective and mutually
beneficial relations and increased understanding between the
United States and friendly countries; and
``(3) designed to improve the ability of friendly countries
to utilize their resources, including defense articles and
defense services obtained by them from the United States, with
maximum effectiveness, thereby contributing to greater self-
reliance by such countries.''.
SEC. 832. ANNUAL REPORT ON THE PROLIFERATION OF MISSILES AND ESSENTIAL
COMPONENTS OF NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS.
(a) Report.--
(1) In general.--The President shall transmit to the
designated congressional committees an annual report on the
transfer by any country of weapons, technology, components, or
materials that can be used to deliver, manufacture (including
research and experimentation), or weaponize nuclear,
biological, or chemical weapons (hereinafter in this section
referred to as ``NBC weapons'') to any country other than a
country referred to in subsection (c) that is seeking to
possess or otherwise acquire such weapons, technology, or
materials, or other system that the Secretary of State or
Secretary of Defense has reason to believe could be used to
develop, acquire, or deliver NBC weapons.
(2) Deadline for initial report.--The first such report
shall be submitted not later than 90 days after the date of the
enactment of this Act and on April 1 of each year thereafter.
(b) Matters To Be Included.--Each such report shall include, but
not be limited to--
(1) the transfer of all aircraft, cruise missiles,
artillery weapons, unguided rockets and multiple rocket
systems, and related bombs, shells, warheads and other
weaponization technology and materials that the Secretary of
State or the Secretary of Defense has reason to believe may be
intended for the delivery of NBC weapons;
(2) international transfers of MTCR equipment or technology
to any country that is seeking to acquire such equipment or any
other system that the Secretary of State or the Secretary of
Defense has reason to believe may be used to deliver NBC
weapons; and
(3) the transfer of technology, test equipment, radioactive
materials, feedstocks and cultures, and all other specialized
materials that the Secretary of State or the Secretary of
Defense has reason to believe could be used to manufacture NBC
weapons.
(c) Content of Report.--Each such report shall include the
following with respect to preceding calendar year:
(1) The status of missile, aircraft, and other NBC weapons
delivery and weaponization programs in any such country,
including efforts by such country or by any subnational group
to acquire MTCR-controlled equipment, NBC-capable aircraft, or
any other weapon or major weapon component which may be
utilized in the delivery of NBC weapons, whose primary use is
the delivery of NBC weapons, or that the Secretary of State or
the Secretary of Defense has reason to believe could be used to
deliver NBC weapons.
(2) The status of NBC weapons development, acquisition,
manufacture, stockpiling, and deployment programs in any such
country, including efforts by such country or by any
subnational group to acquire essential test equipment,
manufacturing equipment and technology, weaponization equipment
and technology, and radioactive material, feedstocks or
components of feedstocks, and biological cultures and toxins.
(3) A description of assistance provided by any person or
government, after the date of the enactment of this Act, to any
such country or subnational group in the acquisition or
development of--
(A) NBC weapons;
(B) missile systems, as defined in the MTCR or that
the Secretary of State or the Secretary of Defense has
reason to believe may be used to deliver NBC weapons;
and
(C) aircraft and other delivery systems and weapons
that the Secretary of State or the Secretary of Defense
has reason to believe could be used to deliver NBC
weapons.
(4) A listing of those persons and countries which continue
to provide such equipment or technology described in paragraph
(3) to any country or subnational group as of the date of
submission of the report, including the extent to which foreign
persons and countries were found to have knowingly and
materially assisted such programs.
(5) A description of the use of, or substantial
preparations to use, the equipment of technology described in
paragraph (3) by any foreign country or subnational group.
(6) A description of the diplomatic measures that the
United States, and that other adherents to the MTCR and other
arrangements affecting the acquisition and delivery of NBC
weapons, have made with respect to activities and private
persons and governments suspected of violating the MTCR and
such other arrangements.
(7) An analysis of the effectiveness of the regulatory and
enforcement regimes of the United States and other countries
that adhere to the MTCR and other arrangements affecting the
acquisition and delivery of NBC weapons in controlling the
export of MTCR and other NBC weapons and delivery system
equipment or technology.
(8) A summary of advisory opinions issued under section
11B(b)(4) of the Export Administration Act of 1979 (50 U.S.C.
App. 2401b(b)(4)) and under section 73(d) of the Arms Export
Control Act (22 U.S.C. 2797b(d)).
(9) An explanation of United States policy regarding the
transfer of MTCR equipment or technology to foreign missile
programs, including programs involving launches of space
vehicles.
(10) A description of each transfer by any person or
government during the preceding 12-month period which is
subject to sanctions under the Iran-Iraq Arms Non-Proliferation
Act of 1992 (title XVI of Public Law 102-484).
(d) Exclusions.--The countries excluded under subsection (a) are
Australia, Belgium, Canada, the Czech Republic, Denmark, France,
Germany, Greece, Hungary, Iceland, Italy, Japan, Luxembourg, the
Netherlands, Norway, Poland, Portugal, Spain, Turkey, the United
Kingdom, and the United States.
(e) Classification of Report.--The Secretary of State shall make
every effort to submit all of the information required by this section
in unclassified form. Whenever the Secretary submits any such
information in classified form, the Secretary shall submit such
classified information in an addendum and shall also submit
concurrently a detailed summary, in unclassified form, of that
classified information.
(f) Definitions.--In this section:
(1) Designated congressional committees.--The term
``designated congressional committees'' means--
(A) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on International
Relations of the House of Representatives; and
(B) the Committees on Appropriations, the Committee
on Armed Services, and the Committee on Foreign
Relations of the Senate.
(2) Missile; mtcr; mtcr equipment or technology.--The terms
``missile'', ``MTCR'', and ``MTCR equipment or technology''
have the meanings given those terms in section 74 of the Arms
Export Control Act (22 U.S.C. 2797c).
(3) Person.--The term ``person'' means any United States or
foreign individual, partnership, corporation, or other form of
association, or any of its successor entities, parents, or
subsidiaries.
(4) Weaponize; weaponization.--The term ``weaponize'' or
``weaponization'' means to incorporate into, or the
incorporation into, usable ordnance or other militarily useful
means of delivery.
(g) Repeals.--
(1) In general.--The following provisions of law are
repealed:
(A) Section 1097 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (22
U.S.C. 2751 note).
(B) Section 308 of the Chemical and Biological
Weapons Control and Warfare Elimination Act of 1991 (22
U.S.C. 5606).
(C) Section 1607(a) of the Iran-Iraq Arms Non-
Proliferation Act of 1992 (Public Law 102-484).
(D) Paragraph (d) of section 585 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (as contained in section
101(c) of title I of division A of Public Law 104-208).
(2) Conforming amendments.--Section 585 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1997, is amended--
(A) in paragraph (b), by adding ``and'' at the end;
and
(B) in paragraph (c), by striking ``; and'' and
inserting a period.
SEC. 833. FIVE-YEAR INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION
STRATEGY.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall prepare and submit to the appropriate
congressional committees a 5-year international arms control and
nonproliferation strategy. The strategy shall contain the following:
(1) A 5-year plan for the reduction of existing nuclear,
chemical, and biological weapons and ballistic missiles and for
controlling the proliferation of these weapons.
(2) Identification of the goals and objectives of the
United States with respect to arms control and nonproliferation
of weapons of mass destruction and their delivery systems.
(3) A description of the programs, projects, and activities
of the Department of State intended to accomplish goals and
objectives described in paragraph (2).
Subtitle B--Strengthening the Munitions Licensing Process
SEC. 841. LICENSE OFFICER STAFFING.
(a) Funding.--Of the amounts authorized to be appropriated under
the appropriations account entitled ``Diplomatic and Consular
Programs'' for fiscal years 2002 and 2003, not less than $10,000,000
shall be made available each such fiscal year for the Office of Defense
Trade Controls of the Department of State for salaries and expenses.
(b) Assignment of License Review Officers.--Effective January 1,
2002, the Secretary of State shall assign to the Office of Defense
Trade Controls of the Department of State a sufficient number of
license review officers to ensure that the average weekly caseload for
each officer does not exceed 40.
(c) Detailees.--Given the priority placed on expedited license
reviews in recent years by the Department of Defense, the Secretary of
Defense should ensure that 10 military officers are continuously
detailed to the Office of Defense Trade Controls of the Department of
State on a nonreimbursable basis.
SEC. 842. FUNDING FOR DATABASE AUTOMATION.
Of the amounts authorized to be appropriated under the
appropriations account entitled ``Capital Investment Fund'' for fiscal
years 2002 and 2003, not less than $4,000,000 shall be made available
each such fiscal year for the Office of Defense Trade Controls of the
Department of State for the modernization of information management
systems.
SEC. 843. INFORMATION MANAGEMENT PRIORITIES.
(a) Objective.--The Secretary of State shall establish a secure,
Internet-based system for the filing and review of applications for
export of Munitions List items.
(b) Establishment of a Mainframe.--Of the amounts made available
pursuant to section 842, not less than $3,000,000 each such fiscal year
shall be made available to fully automate the Defense Trade Application
System, and to ensure that the system--
(1) is an electronic system for the filing and review of
Munitions List license applications;
(2) is secure, with modules available through the Internet;
and
(3) is capable of exchanging data with--
(A) the Foreign Disclosure and Technology
Information System and the USXPORTS systems of the
Department of Defense;
(B) the Export Control System of the Central
Intelligence Agency; and
(C) the Proliferation Information Network System of
the Department of Energy.
(c) Munitions List Defined.--In this section, the term ``Munitions
List'' means the United States Munitions List of defense articles and
defense services controlled under section 38 of the Arms Export Control
Act (22 U.S.C. 2778).
SEC. 844. IMPROVEMENTS TO THE AUTOMATED EXPORT SYSTEM.
(a) Mandatory Filing.--The Secretary of Commerce, with the
concurrence of the Secretary of State and the Secretary of the
Treasury, shall publish regulations in the Federal Register to require,
upon the effective date of those regulations, the mandatory filing
through the Automated Export System for the remainder of exports that
were not covered by regulations issued pursuant to section 1252(b) of
the Security Assistance Act of 1999 (113 Stat. 1501A-506), as enacted
into law by section 1000(a)(7) of Public Law 106-113.
(b) Requirement for Information Sharing.--The Secretary of State
shall conclude an information sharing arrangement with the heads of
United States Customs Service and the Census Bureau to adjust the
Automated Export System to parallel information currently collected by
the Department of State.
(c) Secretary of Treasury Functions.--Section 303 of title 13,
United States Code, is amended by striking ``, other than by mail,''.
(d) Filing Export Information, Delayed Filings, Penalties for
Failure To File.--Section 304 of title 13, United States Code, is
amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``the penal
sum of $1,000'' and inserting ``a penal sum of
$10,000''; and
(B) in the third sentence, by striking ``a penalty
not to exceed $100 for each day's delinquency beyond
the prescribed period, but not more than $1,000, shall
be exacted'' and inserting ``the Secretary of Commerce
(and officers and employees of the Department of
Commerce designated by the Secretary) may impose a
civil penalty not to exceed $1,000 for each day's
delinquency beyond the prescribed period, but not more
than $10,000 per violation'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Any person, other that a person described in subsection
(a), required to submit export information, shall file such information
in accordance with any rule, regulation, or order issued pursuant to
this chapter. In the event any such information or reports are not
filed within such prescribed period, the Secretary of Commerce (and
officers and employees of the Department of Commerce designated by the
Secretary) may impose a civil penalty not to exceed $1,000 for each
day's delinquency beyond the prescribed period, but not more than
$10,000 per violation.''.
(e) Additional Penalties.--
(1) In general.--Section 305 of title 13, United States
Code, is amended to read as follows:
``Sec. 305. Penalties for unlawful export information activities
``(a) Criminal Penalties.--(1) Any person who knowingly fails to
file or knowingly submits false or misleading export information
through the Shippers Export Declaration (SED) (or any successor
document) or the Automated Export System (AES) shall be subject to a
fine not to exceed $10,000 per violation or imprisonment for not more
than 5 years, or both.
``(2) Any person who knowingly reports any information on or uses
the SED or the AES to further any illegal activity shall be subject to
a fine not to exceed $10,000 per violation or imprisonment for not more
than 5 years, or both.
``(3) Any person who is convicted under this subsection shall, in
addition to any other penalty, forfeit to the United States--
``(A) any of that person's interest in, security of, claim
against, or property or contractual rights of any kind in the
goods or tangible items that were the subject of the violation;
``(B) any of that person's interest in, security of, claim
against, or property or contractual rights of any kind in
tangible property that was used in the export or attempt to
export that was the subject of the violation; and
``(C) any of that person's property constituting, or
derived from, any proceeds obtained directly or indirectly as a
result of the violation.
``(b) Civil Penalties.--The Secretary (and officers and employees
of the Department of Commerce specifically designated by the Secretary)
may impose a civil penalty not to exceed $10,000 per violation on any
person violating the provisions of this chapter or any rule,
regulation, or order issued thereunder, except as provided in section
304. Such penalty may be in addition to any other penalty imposed by
law.
``(c) Civil Penalty Procedure.--(1) When a civil penalty is sought
for a violation of this section or of section 304, the charged party is
entitled to receive a formal complaint specifying the charges and, at
his or her request, to contest the charges in a hearing before an
administrative law judge. Any such hearing shall be conducted in
accordance with sections 556 and 557 of title 5, United States Code.
``(2) If any person fails to pay a civil penalty imposed under this
chapter, the Secretary may ask the Attorney General to commence a civil
action in an appropriate district court of the United States to recover
the amount imposed (plus interest at currently prevailing rates from
the date of the final order). No such action may be commenced more than
5 years after the order imposing the civil penalty becomes final. In
such action, the validity, amount, and appropriateness of such penalty
shall not be subject to review.
``(3) The Secretary may remit or mitigate any penalties imposed
under paragraph (1) if, in his or her opinion--
``(A) the penalties were incurred without willful
negligence or fraud; or
``(B) other circumstances exist that justify a remission or
mitigation.
``(4) If, pursuant to section 306, the Secretary delegates
functions under this section to another agency, the provisions of law
of that agency relating to penalty assessment, remission or mitigation
of such penalties, collection of such penalties, and limitations of
actions and compromise of claims, shall apply.
``(5) Any amount paid in satisfaction of a civil penalty imposed
under this section or section 304 shall be deposited into the general
fund of the Treasury and credited as miscellaneous receipts.
``(d) Enforcement.--(1) The Secretary of Commerce may designate
officers or employees of the Office of Export Enforcement to conduct
investigations pursuant to this chapter. In conducting such
investigations, those officers or employees may, to the extent
necessary or appropriate to the enforcement of this chapter, exercise
such authorities as are conferred upon them by other laws of the United
States, subject to policies and procedures approved by the Attorney
General.
``(2) The Commissioner of Customs may designate officers or
employees of the Customs Service to enforce the provisions of this
chapter, or to conduct investigations pursuant to this chapter.
``(e) Regulations.--The Secretary of Commerce shall promulgate
regulations for the implementation and enforcement of this section.
``(f) Exemption.--The criminal fines provided for in this section
are exempt from the provisions of section 3571 of title 18, United
States Code.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 9 of title 13, United States Code, is
amended by striking the item relating to section 305 and
inserting the following:
``305. Penalties for unlawful export information activities.''.
SEC. 845. 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.''.
SEC. 846. CONGRESSIONAL NOTIFICATION THRESHOLDS FOR ALLIED COUNTRIES.
The Arms Export Control Act (22 U.S.C. 2751 et seq.), is amended--
(1) in paragraphs (1) and (3)(A) of section 3(d), by adding
after ``at $50,000,000 or more'' each place it appears the
following: ``(or, in the case of a transfer to a country which
is a member country of the North Atlantic Treaty Organization
(NATO) or Australia, Japan, or New Zealand, any major defense
equipment valued (in terms of its original acquisition cost) at
$25,000,000 or more, or of defense articles or defense services
valued (in terms of its original acquisition cost) at
$100,000,000 or more)'';
(2) in section 36(b)(1), by adding after ``for $14,000,000
or more'' the following: ``(or, in the case of a letter of
offer to sell to a country which is a member country of the
North Atlantic Treaty Organization (NATO) or Australia, Japan,
or New Zealand, any major defense equipment under this Act for
$25,000,000 or more, any defense articles or services for
$100,000,000 or more, or any design and construction services
for $300,000,000 or more)'';
(3) in section 36(b)(5)(C), by adding after ``or
$200,000,000 or more in the case of design or construction
services'' the following: ``(or, in the case of a letter of
offer to sell to a country which is a member country of the
North Atlantic Treaty Organization (NATO) or Australia, Japan,
or New Zealand, any major defense equipment for $25,000,000 or
more, any defense articles or services for $100,000,000 or
more, or any design and construction services for $300,000,000
or more)'';
(4) in section 36(c)(1), by adding after ``$50,000,000 or
more'' the following: ``(or, in the case of an application by a
person (other than with regard to a sale under section 21 or
section 22 of this Act) for a license for the export to a
country which is a member country of the North Atlantic Treaty
Organization (NATO) or Australia, Japan, or New Zealand, of any
major defense equipment sold under a contract in the amount of
$25,000,000 or more or of defense articles or defense services
sold under a contract in the amount of $100,000,000 or more)'';
and
(5) in section 63(a), by adding after ``$50,000,000 or
more'' the following: ``(or, in the case of such an agreement
with a country which is a member country of the North Atlantic
Treaty Organization (NATO) or Australia, Japan, or New Zealand:
(i) major defense equipment valued (in terms of its replacement
cost less any depreciation in its value) at $25,000,000 or
more; or (ii) defense articles valued (in terms of their
replacement cost less any depreciation in their value) at
$100,000,000 or more)''.
Subtitle C--Authority to Transfer Naval Vessels
SEC. 851. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Authority To Transfer.--
(1) Brazil.--The President is authorized to transfer to the
Government of Brazil the ``Newport'' class tank landing ship
Peoria (LST 1183). Such transfer shall be on a sale basis under
section 21 of the Arms Export Control Act (22 U.S.C. 2761).
(2) Poland.--The President is authorized to transfer to the
Government of Poland the ``Oliver Hazard Perry'' class guided
missile frigate Wadsworth (FFG 9). Such transfer shall be on a
grant basis under section 516 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j).
(3) Taiwan.--The President is authorized to transfer to the
Taipai Economic and Cultural Representative Office in the
United States (which is the Taiwan instrumentality designated
pursuant to section 10(a) of the Taiwan Relations Act) the
``Kidd'' class guided missile destroyers Kidd (DDG 993),
Callaghan (DDG 994), Scott (DDG 995), and Chandler (DDG 996).
Such transfers shall be on a sales basis under section 21 of
the Arms Export Control Act (22 U.S.C. 2761).
(4) Turkey.--The President is authorized to transfer to the
``Oliver Hazard Perry'' class guided missile frigates Estocin
(FFG 15) and Samuel Eliot Morrison (FFG 13). Each such transfer
shall be on a sale basis under section 21 of the Arms Export
Control Act (22 U.S.C. 2761). The President is further
authorized to transfer to the Government of Turkey the ``Knox''
class frigates Capadanno (FF 1093), Thomas C. Hart (FF 1092),
Donald B. Beary (FF 1085), McCandless (FF 1084), Reasoner (FF
1063), and Bowen (FF 1079). The transfer of these 6 ``Knox''
class frigates shall be on a grant basis under section 516 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(b) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to another country
on a grant basis under section 516 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j) pursuant to authority provided by subsection (a)
shall not be counted for the purposes of subsection (g) of that section
in the aggregate value of excess defense articles transferred to
countries under that section in any fiscal year.
(c) Costs of Transfers.--Notwithstanding section 516(e)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(1)), any expense
incurred by the United States in connection with a transfer authorized
to be made on a grant basis under subsection (a) shall be charged to
the recipient.
(d) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under this section, that the country to
which the vessel is transferred have such repair or refurbishment of
the vessel as is needed, before the vessel joins the naval forces of
that country, performed at a United States Navy shipyard or other
shipyard located in the United States.
(e) Expiration of Authority.--The authority provided under
subsection (a) shall expire at the end of the 2-year period beginning
on the date of the enactment of this Act.
Subtitle D--Miscellaneous Provisions
SEC. 861. ANNUAL FOREIGN MILITARY TRAINING REPORTS.
Section 656(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2416), is amended--
(1) by striking ``Not later than January 31 of each year,''
and inserting ``Upon written request by the chairman or ranking
member of the Committee on International Relations of the House
of Representatives or the Committee on Foreign Relations of the
Senate,''; and
(2) by inserting ``of a country specified in the request''
after ``personnel''.
SEC. 862. REPORT RELATING TO INTERNATIONAL ARMS SALES CODE OF CONDUCT.
Section 1262(c) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (as
enacted by section 1000(a)(7) of Public Law 106-113; 113 Stat 1501A-
508), is amended--
(1) in paragraph (1)--
(A) by striking ``commencement of the negotiations
under subsection (a),'' and inserting ``date of the
enactment of the Foreign Relations Authorization Act,
Fiscal Years 2002 and 2003,''; and
(B) by striking ``during these negotiations.'' and
inserting ``to begin negotiations and any progress made
to conclude an agreement during negotiations.''; and
(2) in paragraph (2), by striking ``subsection (a)'' and
inserting ``subsection (b)''.
SEC. 863. ASSISTANCE TO LEBANON.
(a) Military Assistance.--Notwithstanding any other provision of
law, the President shall not provide assistance under chapter 5 of part
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.;
relating to international military education and training) to the armed
forces of the Government of Lebanon unless the President certifies to
the appropriate congressional committees that--
(1) the armed forces of Lebanon have been deployed to the
internationally recognized border between Lebanon and Israel;
and
(2) the Government of Lebanon is effectively asserting its
authority in the area in which such forces have been deployed.
(b) Economic Assistance.--If the President has not made the
certification described in subsection (a) within 6 months after the
date of the enactment of this Act, the President shall provide to the
appropriate congressional committees a plan to terminate assistance to
Lebanon provided under chapter 4 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support
fund).
TITLE IX--IRAN NUCLEAR PROLIFERATION PREVENTION ACT OF 2001
SEC. 901. SHORT TITLE.
This title may be cited as the ``Iran Nuclear Proliferation
Prevention Act of 2001''.
SEC. 902. WITHHOLDING OF VOLUNTARY CONTRIBUTIONS TO THE INTERNATIONAL
ATOMIC ENERGY AGENCY FOR PROGRAMS AND PROJECTS IN IRAN.
Section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 2227),
is amended by adding at the end the following:
``(d) Notwithstanding subsection (c), the limitations of subsection
(a) shall apply to programs and projects of the International Atomic
Energy Agency in Iran, unless the Secretary of State makes a
determination in writing to the Committee on International Relations of
the House of Representatives and the Committee on Foreign Relations of
the Senate that such programs and projects are consistent with United
States nuclear nonproliferation and safety goals, will not provide Iran
with training or expertise relevant to the development of nuclear
weapons, and are not being used as a cover for the acquisition of
sensitive nuclear technology. A determination made by the Secretary of
State under the preceding sentence shall be effective for the 1-year
period beginning on the date of the determination.''.
SEC. 903. ANNUAL REVIEW BY SECRETARY OF STATE OF PROGRAMS AND PROJECTS
OF THE INTERNATIONAL ATOMIC ENERGY AGENCY; UNITED STATES
OPPOSITION TO PROGRAMS AND PROJECTS OF THE AGENCY IN
IRAN.
(a) Annual Review.--
(1) In general.--The Secretary of State shall undertake a
comprehensive annual review of all programs and projects of the
International Atomic Energy Agency in the countries described
in section 307(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2227(a)) and shall determine if such programs and
projects are consistent with United States nuclear
nonproliferation and safety goals.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act and on an annual basis thereafter for 5
years, the Secretary shall prepare and submit to the Congress a
report containing the results of the review under paragraph
(1).
(b) Opposition to Certain Programs and Projects of International
Atomic Energy Agency.--The Secretary of State shall direct the United
States representative to the International Atomic Energy Agency to
oppose programs of the Agency that are determined by the Secretary
under the review conducted under subsection (a)(1) to be inconsistent
with nuclear nonproliferation and safety goals of the United States.
SEC. 904. REPORTING REQUIREMENTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and on an annual basis thereafter for 5 years,
the Secretary of State, in consultation with the United States
representative to the International Atomic Energy Agency, shall prepare
and submit to the Congress a report that--
(1) describes the total amount of annual assistance to Iran
from the International Atomic Energy Agency, a list of Iranian
officials in leadership positions at the Agency, the expected
timeframe for the completion of the nuclear power reactors at
the Bushehr nuclear power plant, and a summary of the nuclear
materials and technology transferred to Iran from the Agency in
the preceding year which could assist in the development of
Iran's nuclear weapons program; and
(2) contains a description of all programs and projects of
the International Atomic Energy Agency in each country
described in section 307(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2227(a)) and any inconsistencies between the
technical cooperation and assistance programs and projects of
the Agency and United States nuclear nonproliferation and
safety goals in these countries.
(b) Additional Requirement.--The report required to be submitted
under subsection (a) shall be submitted in an unclassified form, to the
extent appropriate, but may include a classified annex.
SEC. 905. SENSE OF CONGRESS.
It is the sense of the Congress that the United States Government
should pursue internal reforms at the International Atomic Energy
Agency that will ensure that all programs and projects funded under the
Technical Cooperation and Assistance Fund of the Agency are compatible
with United States nuclear nonproliferation policy and international
nuclear nonproliferation norms.
TITLE X--EAST TIMOR TRANSITION TO INDEPENDENCE ACT OF 2001
SEC. 1001. SHORT TITLE.
This title may be cited as the ``East Timor Transition to
Independence Act of 2001''.
SEC. 1002. FINDINGS.
Congress makes the following findings:
(1) On August 30, 1999, the East Timorese people voted
overwhelmingly in favor of independence from Indonesia. Anti-
independence militias, with the support of the Indonesian
military, attempted to prevent then retaliated against this
vote by launching a campaign of terror and violence, displacing
500,000 people and murdering at least 1,000 people.
(2) The violent campaign devastated East Timor's
infrastructure, destroyed or severely damaged 60 to 80 percent
of public and private property, and resulted in the collapse of
virtually all vestiges of government, public services and
public security.
(3) The Australian-led International Force for East Timor
(INTERFET) entered East Timor in September 1999 and
successfully restored order. On October 25, 1999, the United
Nations Transitional Administration for East Timor (UNTAET)
began to provide overall administration of East Timor, guide
the people of East Timor in the establishment of a new
democratic government, and maintain security and order.
(4) UNTAET and the East Timorese leadership currently
anticipate that East Timor will become an independent nation as
early as late 2001.
(5) East Timor is one of the poorest places in Asia. A
large percentage of the population live below the poverty line,
only 20 percent of East Timor's population is literate, most of
East Timor's people remain unemployed, the annual per capita
Gross National Product is $340, and life expectancy is only 56
years.
(6) The World Bank and the United Nations have estimated
that it will require $300,000,000 in development assistance
over the next 3 years to meet East Timor's basic development
needs.
SEC. 1003. SENSE OF CONGRESS RELATING TO SUPPORT FOR EAST TIMOR.
It is the sense of Congress that the United States should--
(1) facilitate East Timor's transition to independence,
support formation of broad-based democracy in East Timor, help
lay the groundwork for East Timor's economic recovery, and
strengthen East Timor's security;
(2) help ensure that the nature and pace of the economic
transition in East Timor is consistent with the needs and
priorities of the East Timorese people, that East Timor
develops a strong and independent economic infrastructure, and
that the incomes of the East Timorese people rise accordingly;
(3) begin to lay the groundwork, prior to East Timor's
independence, for an equitable bilateral trade and investment
relationship;
(4)(A) recognize East Timor, and establish diplomatic
relations with East Timor, upon its independence;
(B) ensure that a fully functioning, fully staffed,
adequately resourced, and securely maintained United States
diplomatic mission is accredited to East Timor upon its
independence; and
(C) in the period prior to East Timor's independence,
ensure that the United States maintains an adequate diplomatic
presence in East Timor, with resources sufficient to promote
United States political, security, and economic interests with
East Timor;
(5) support efforts by the United Nations and East Timor to
ensure justice and accountability related to past atrocities in
East Timor through--
(A) United Nations investigations;
(B) development of East Timor's judicial system,
including appropriate technical assistance to East
Timor from the Department of Justice, the Federal
Bureau of Investigation, and the Drug Enforcement
Administration;
(C) the possible establishment of an international
tribunal for East Timor; and
(D) sharing with the United Nations Transitional
Administration for East Timor (UNTAET) and East
Timorese investigators any unclassified information
relevant to past atrocities in East Timor gathered by
the United States Government; and
(6)(A) as an interim step, support observer status for an
official delegation from East Timor to observe and participate,
as appropriate, in all deliberations of the Asia-Pacific
Economic Cooperation (APEC) group, the Association of Southeast
Asian Nations (ASEAN), and other international institutions;
and
(B) after East Timor achieves independence, support full
membership for East Timor in these and other international
institutions, as appropriate.
SEC. 1004. BILATERAL ASSISTANCE.
(a) Authority.--The President, acting through the Administrator of
the United States Agency for International Development, is authorized
to--
(1) support the development of civil society, including
nongovernmental organizations in East Timor;
(2) promote the development of an independent news media;
(3) support job creation, including support for small
business and microenterprise programs, environmental
protection, sustainable development, development of East
Timor's health care infrastructure, educational programs, and
programs strengthening the role of women in society;
(4) promote reconciliation, conflict resolution, and
prevention of further conflict with respect to East Timor,
including establishing accountability for past gross human
rights violations;
(5) support the voluntary and safe repatriation and
reintegration of refugees into East Timor; and
(6) support political party development, voter education,
voter registration, and other activities in support of free and
fair elections in East Timor.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the President to carry out this section $25,000,000 for fiscal
year 2002.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
SEC. 1005. MULTILATERAL ASSISTANCE.
The Secretary of the Treasury should instruct the United States
executive director at the International Board for Reconstruction and
Development and the Asian Development Bank to use the voice, vote, and
influence of the United States to support economic and democratic
development in East Timor.
SEC. 1006. PEACE CORPS ASSISTANCE.
The Director of the Peace Corps is authorized to--
(1) provide English language and other technical training
for individuals in East Timor as well as other activities which
promote education, economic development, and economic self-
sufficiency; and
(2) quickly address immediate assistance needs in East
Timor using the Peace Corps Crisis Corps, to the extent
practicable.
SEC. 1007. TRADE AND INVESTMENT ASSISTANCE.
(a) OPIC.--The President should initiate negotiations with the
Government of East Timor (after independence for East Timor)--
(1) to apply to East Timor the existing agreement between
the Overseas Private Investment Corporation and Indonesia; or
(2) to enter into a new agreement authorizing the Overseas
Private Investment Corporation to carry out programs with
respect to East Timor,
in order to expand United States investment in East Timor, emphasizing
partnerships with local East Timorese enterprises.
(b) Trade and Development Agency.--
(1) In general.--The Director of the Trade and Development
Agency is authorized to carry out projects in East Timor under
section 661 of the Foreign Assistance Act of 1961 (22 U.S.C.
2421).
(2) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated to the Trade and Development Agency to
carry out this subsection $1,000,000 for fiscal year
2002.
(B) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under subparagraph
(A) are authorized to remain available until expended.
(c) Export-Import Bank.--The Export-Import Bank of the United
States should expand its activities in connection with exports to East
Timor to the extent such activities are requested and to the extent
there is a reasonable assurance of repayment.
SEC. 1008. GENERALIZED SYSTEM OF PREFERENCES.
(a) Sense of Congress.--It is the sense of Congress that the
President should encourage the Government of East Timor (after
independence for East Timor) to seek to become eligible for duty-free
treatment under title V of the Trade Act of 1974 (19 U.S.C. 2461 et
seq.; relating to generalized system of preferences).
(b) Technical Assistance.--The United States Trade Representative
and the Commissioner of the United States Customs Service are
authorized to provide technical assistance to the Government of East
Timor (after independence for East Timor) in order to assist East Timor
to become eligible for duty-free treatment under title V of the Trade
Act of 1974.
SEC. 1009. BILATERAL INVESTMENT TREATY.
It is the sense of Congress that the President should seek to enter
into a bilateral investment treaty with the Government of East Timor
(after independence for East Timor) in order to establish a more stable
legal framework for United States investment in East Timor.
SEC. 1010. PLAN FOR ESTABLISHMENT OF DIPLOMATIC FACILITIES IN EAST
TIMOR.
(a) Development of Detailed Plan.--The Secretary of State shall
develop a detailed plan for the official establishment of a United
States diplomatic mission to East Timor, with a view to--
(1) recognize East Timor, and establish diplomatic
relations with East Timor, upon its independence;
(2) ensure that a fully functioning, fully staffed,
adequately resourced, and securely maintained United States
diplomatic mission is accredited to East Timor upon its
independence; and
(3) in the period prior to East Timor's independence,
ensure that the United States maintains an adequate diplomatic
presence in East Timor, with resources sufficient to promote
United States political, security, and economic interests with
East Timor.
(b) Report.--
(1) In general.--Not later than 3 months after the date of
the enactment of this Act, the Secretary of State shall submit
to the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report that contains the detailed plan described in
subsection (a), including a timetable for the official opening
of a facility in Dili, East Timor, the personnel requirements
for the mission, the estimated costs for establishing the
facility, and its security requirements.
(2) Form of report.--The report submitted under this
subsection shall be in unclassified form, with a classified
annex as necessary.
(c) Consultation.--Beginning 6 months after the submission of the
report under subsection (b), and every 6 months thereafter until
January 1, 2004, the Secretary of State shall consult with the chairmen
and ranking members of the committees specified in that paragraph on
the status of the implementation of the detailed plan described in
subsection (a), including any revisions to the plan (including its
timetable, costs, or requirements).
SEC. 1011. SECURITY ASSISTANCE FOR EAST TIMOR.
(a) Study and Report.--
(1) Study.--The President shall conduct a study to
determine--
(A) the extent to which East Timor's security needs
can be met by the transfer of excess defense articles
under section 516 of the Foreign Assistance Act of
1961;
(B) the extent to which international military
education and training (IMET) assistance will enhance
professionalism of the armed forces of East Timor,
provide training in human rights, and promote respect
for human rights and humanitarian law; and
(C) the terms and conditions under which such
defense articles or training, as appropriate, should be
provided.
(2) Report.--Not later than 3 months after the date of the
enactment of this Act, the President shall transmit 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 a report that contains the findings of the
study conducted under paragraph (1).
(b) Authorization of Assistance.--
(1) In general.--Beginning on the date on which Congress
receives the report transmitted under subsection (a), or the
date on which Congress receives the certification transmitted
under paragraph (2), whichever occurs later, the President is
authorized--
(A) to transfer excess defense articles under
section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j) to East Timor in accordance with such
section; and
(B) to provide military education and training
under chapter 5 of part II of such Act (22 U.S.C. 2347
et seq.) for the armed forces of East Timor in
accordance with such chapter.
(2) Certification.--A certification described in this
paragraph is a certification that--
(A) East Timor has established an independent armed
forces; and
(B) the assistance proposed to be provided pursuant
to paragraph (1)--
(i) is in the national security interests
of the United States; and
(ii) will promote both human rights in East
Timor and the professionalization of the armed
forces of East Timor.
SEC. 1012. AUTHORITY FOR RADIO BROADCASTING.
The Broadcasting Board of Governors is authorized to further the
communication of information and ideas through the increased use of
audio broadcasting to East Timor to ensure that radio broadcasting to
that country serves as a consistently reliable and authoritative source
of accurate, objective, and comprehensive news.
SEC. 1013. CONSULTATION REQUIREMENT.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, and every 6 months thereafter until January 1,
2004, the Secretary of State, in coordination with the Administrator of
the United States Agency for International Development, the Secretary
of the Treasury, the United States Trade Representative, the Secretary
of Commerce, the Overseas Private Investment Corporation, the Director
of the Trade and Development Agency, the President of the Export-Import
Bank of the United States, the Secretary of Agriculture, and the
Director of the Peace Corps, shall consult with the Chairman and
ranking member of the Committee on International Relations of the House
of Representatives and the Committee on Foreign Relations of the Senate
concerning the information described in subsection (b).
(b) Information.--The information described in this subsection
includes--
(1) developments in East Timor's political and economic
situation in the period covered by the report, including an
evaluation of any elections occurring in East Timor and the
refugee reintegration process in East Timor;
(2)(A) in the initial consultation, a 2-year plan for
United States foreign assistance to East Timor in accordance
with section 904, prepared by the Administrator of the United
States Agency for International Development, which outlines the
goals for United States foreign assistance to East Timor during
the 2-year period; and
(B) in each subsequent consultation, a description in
detail of the expenditure of United States bilateral foreign
assistance during the period covered by each such consultation;
(3) a description of the activities undertaken in East
Timor by the International Bank for Reconstruction and
Development, the Asian Development Bank, and other
international financial institutions, and an evaluation of the
effectiveness of these activities;
(4) an assessment of--
(A) the status of United States trade and
investment relations with East Timor, including a
detailed analysis of any trade and investment-related
activity supported by the Overseas Private Investment
Corporation, the Export-Import Bank of the United
States, and the Trade and Development Agency during the
period of time since the previous consultation; and
(B) the status of any negotiations with the United
Nations Transitional Administration for East Timor
(UNTAET) or East Timor to facilitate the operation of
the United States trade agencies in East Timor;
(5) the nature and extent of United States-East Timor
cultural, education, scientific, and academic exchanges, both
official and unofficial, and any Peace Corps activities;
(6) a description of local agriculture in East Timor,
emerging opportunities for producing, processing, and exporting
indigenous agricultural products, and recommendations for
appropriate technical assistance from the United States; and
(7) statistical data drawn from other sources on economic
growth, health, education, and distribution of resources in
East Timor.
TITLE XI--FREEDOM INVESTMENT ACT OF 2001
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Freedom Investment Act of 2001''.
SEC. 1102. FINDINGS.
Congress finds the following:
(1) Supporting human rights is in the national interests of
the United States and is consistent with American values and
beliefs.
(2) Defenders of human rights are changing our world in
many ways, including protecting freedom and dignity, religious
liberty, the rights of women and children, freedom of the
press, the rights of workers, the environment, and the human
rights of all persons.
(3) The United States must match its rhetoric on human
rights with action and with sufficient resources to provide
meaningful support for human rights and for the defenders of
human rights.
(4) Providing one percent of amounts available annually for
foreign affairs operations for human rights activities,
including human rights monitoring, would be a minimal
investment in protecting human rights around the world.
(5) The Department of State should have individuals in
positions in foreign countries that are designated for
monitoring human rights activities and developments in such
countries, including the monitoring of arms exports.
SEC. 1103. SALARIES AND EXPENSES OF THE BUREAU OF DEMOCRACY, HUMAN
RIGHTS, AND LABOR.
For fiscal year 2004 and each fiscal year thereafter, not less than
1 percent of the amounts made available to the Department of State
under the heading ``Diplomatic and Consular Programs'', other than
amounts made available for worldwide security upgrades and information
resource management, are authorized to be made available only for
salaries and expenses of the Bureau of Democracy, Human Rights, and
Labor, including funding of positions at United States missions abroad
that are primarily dedicated to following human rights developments in
foreign countries and that are assigned at the recommendation of such
Bureau in conjunction with the relevant regional bureau.
SEC. 1104. HUMAN RIGHTS AND DEMOCRACY FUND.
(a) Establishment of Fund.--There is established a Human Rights and
Democracy Fund (hereinafter in this section referred to as the
``Fund'') to be administered by the Assistant Secretary for Democracy,
Human Rights and Labor.
(b) Purposes of Fund.--The purposes of the Fund are--
(1) to support defenders of human rights;
(2) to assist the victims of human rights violations;
(3) to respond to human rights emergencies;
(4) to promote and encourage the growth of democracy,
including the support for nongovernmental organizations in
other countries; and
(5) to carry out such other related activities as are
consistent with paragraphs (1) through (4).
(c) Funding.--Of the amounts made available to carry out chapter 1
and chapter 10 of part I of the Foreign Assistance Act of 1961 and
chapter 4 of part II of such Act for each of the fiscal years 2002,
2003, and 2004, $27,000,000 for each such fiscal year is authorized to
be made available only to the Fund for carrying out the purposes
described in subsection (b).
SEC. 1105. REPORTS ON ACTIONS TAKEN BY THE UNITED STATES TO ENCOURAGE
RESPECT FOR HUMAN RIGHTS.
(a) Section 116 Report.--Section 116(d) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151n(d)), is amended--
(1) in paragraph (7), by striking ``and'' at the end and
inserting a semicolon;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) for each country with respect to which a
determination has been made that extrajudicial killings,
torture, or other serious violations of human rights have
occurred in the country, the extent to which the United States
has taken or will take action to encourage an end to such
practices in the country.''.
(b) Section 502B Report.--Section 502B(b) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2304(b)), is amended by inserting after the 4th
sentence the following: ``Such report shall also include, for each
country with respect to which a determination has been made that
extrajudicial killings, torture, or other serious violations of human
rights have occurred in the country, the extent to which the United
States has taken or will take action to encourage an end to such
practices in the country.''.
Passed the House of Representatives May 16, 2001.
Attest:
Clerk.
107th CONGRESS
1st Session
H. R. 1646
_______________________________________________________________________
AN ACT
To authorize appropriations for the Department of State for fiscal
years 2002 and 2003, and for other purposes.