[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1646 Enrolled Bill (ENR)]
H.R.1646
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To authorize appropriations for the Department of State for fiscal year
2003, to authorize appropriations under the Arms Export Control Act and
the Foreign Assistance Act of 1961 for security assistance for fiscal
year 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 Year 2003''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into two divisions as
follows:
(1) Division a.--Department of State Authorization Act, Fiscal
Year 2003.
(2) Division b.--Security Assistance Act of 2002.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Definitions.
DIVISION A--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEAR 2003
Sec. 101. Short title.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
Sec. 111. Administration of foreign affairs.
Sec. 112. United States educational, cultural, and public diplomacy
programs.
Sec. 113. Contributions to international organizations.
Sec. 114. International Commissions.
Sec. 115. Migration and refugee assistance.
Sec. 116. Grants to The Asia Foundation.
Subtitle B--United States International Broadcasting Activities
Sec. 121. Authorizations of appropriations.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Basic Authorities and Activities
Sec. 201. Emergency evacuation services.
Sec. 202. Special agent authorities.
Sec. 203. International Litigation Fund.
Sec. 204. State Department records of overseas deaths of United States
citizens from nonnatural causes.
Sec. 205. Foreign Relations Historical Series.
Sec. 206. Expansion of eligibility for award of certain construction
contracts.
Sec. 207. International Chancery Center.
Sec. 208. Travel to Great Lakes fisheries meetings.
Sec. 209. Correction of Fishermen's Protective Act of 1967.
Sec. 210. Use of funds received by the International Boundary and Water
Commission.
Sec. 211. Fee collections relating to intercountry adoptions and
affidavits of support.
Sec. 212. Annual reports on compliance with The Hague Convention on the
Civil Aspects of International Child Abduction.
Sec. 213. Repeal of provision regarding housing for Foreign Agricultural
Attaches.
Sec. 214. United States policy with respect to Jerusalem as the capital
of Israel.
Sec. 215. Report concerning efforts to promote Israel's diplomatic
relations with other countries.
Sec. 216. Continuation of reporting requirements.
Subtitle B--Educational, Cultural, and Public Diplomacy Authorities
Sec. 221. Fulbright-Hays Act authorities.
Sec. 222. Extension of requirement for scholarships for Tibetans and
Burmese.
Sec. 223. Plan for achievement of public diplomacy objectives.
Sec. 224. Advisory Committee on Cultural Diplomacy.
Sec. 225. Allocation of funds for ``American Corners'' in the Russian
Federation.
Sec. 226. Report relating to Commission on Security and Cooperation in
Europe.
Sec. 227. Amendments to the Vietnam Education Foundation Act of 2000.
Sec. 228. Ethical issues in international health research.
Sec. 229. Conforming amendments.
Subtitle C--Consular Authorities
Sec. 231. Report on visa issuance to inadmissible aliens.
Sec. 232. Denial of entry into United States of Chinese and other
nationals engaged in coerced organ or bodily tissue
transplantation.
Sec. 233. Processing of visa applications.
Sec. 234. Machine readable visas.
Subtitle D--Migration and Refugees
Sec. 241. Prohibition on funding the involuntary return of refugees.
Sec. 242. United States membership in the International Organization for
Migration.
Sec. 243. 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.
Subtitle B--Personnel Matters
Sec. 311. Thomas Jefferson Star for Foreign Service.
Sec. 312. Presidential rank awards.
Sec. 313. Foreign Service National Savings Fund.
Sec. 314. Clarification of separation for cause.
Sec. 315. Dependents on family visitation travel.
Sec. 316. Health education and disease prevention programs.
Sec. 317. Correction of time limitation for grievance filing.
Sec. 318. Training authorities.
Sec. 319. Unaccompanied air baggage.
Sec. 320. Emergency medical advance payments.
Sec. 321. Retirement credit for certain Government service performed
abroad.
Sec. 322. Computation of Foreign Service retirement annuities as if
Washington, D.C., locality-based comparability payments were
made to overseas-stationed Foreign Service members.
Sec. 323. Plan for improving recruitment of veterans into the Foreign
Service.
Sec. 324. Report concerning minority employment.
Sec. 325. Use of funds authorized for minority recruitment.
Sec. 326. Assignments and details of personnel to the American Institute
in Taiwan.
Sec. 327. Annual reports on foreign language competence.
Sec. 328. Travel of children of members of the Foreign Service assigned
abroad.
TITLE IV--INTERNATIONAL ORGANIZATIONS
Sec. 401. Payment of third installment of arrearages.
Sec. 402. Limitation on the United States share of assessments for
United Nations peacekeeping operations in calendar years 2001
through 2004.
Sec. 403. Limitation on the United States share of assessments for
United Nations regular budget.
Sec. 404. Promotion of sound financial practices by the United Nations.
Sec. 405. Reports to Congress on United Nations activities.
Sec. 406. Use of secret ballots within the United Nations.
Sec. 407. Sense of Congress relating to membership of the United States
in UNESCO.
Sec. 408. United States membership on the United Nations Commission on
Human Rights and International Narcotics Control Board.
Sec. 409. Plan for enhanced Department of State efforts to place United
States citizens in positions of employment in the United
Nations and its specialized agencies.
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
Sec. 501. Modification of limitation on grant amounts to RFE/RL,
Incorporated.
Sec. 502. Pay parity for senior executives of RFE/RL, Incorporated.
Sec. 503. Authority to contract for local broadcasting services outside
the United States.
Sec. 504. Personal services contracting pilot program.
Sec. 505. Travel by Voice of America correspondents.
Sec. 506. Report on broadcasting personnel.
Sec. 507. Conforming amendments.
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Middle East Peace Commitments Act of 2002
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Reports.
Sec. 604. Imposition of sanctions.
Subtitle B--Tibet Policy
Sec. 611. Short title.
Sec. 612. Statement of purpose.
Sec. 613. Tibet negotiations.
Sec. 614. Reporting on Tibet.
Sec. 615. Congressional-Executive Commission on the People's Republic of
China.
Sec. 616. Economic development in Tibet.
Sec. 617. Release of prisoners and access to prisons.
Sec. 618. Establishment of a United States branch office in Lhasa,
Tibet.
Sec. 619. Requirement for Tibetan language training.
Sec. 620. Religious persecution in Tibet.
Sec. 621. United States Special Coordinator for Tibetan Issues.
Subtitle C--East Timor Transition to Independence Act of 2002
Sec. 631. Short title.
Sec. 632. Bilateral assistance.
Sec. 633. Multilateral assistance.
Sec. 634. Trade and investment assistance.
Sec. 635. Generalized System of Preferences.
Sec. 636. Authority for radio broadcasting.
Sec. 637. Security assistance for East Timor.
Sec. 638. Reporting requirement.
Subtitle D--Clean Water for the Americas Partnership
Sec. 641. Short title.
Sec. 642. Definitions.
Sec. 643. Establishment of program.
Sec. 644. Environmental assessment.
Sec. 645. Establishment of Technology America Centers.
Sec. 646. Promotion of water quality, water treatment systems, and
energy efficiency.
Sec. 647. Grants for prefeasibility studies within a designated
subregion.
Sec. 648. Clean Water Technical Support Committee.
Sec. 649. Authorization of appropriations.
Sec. 650. Report.
Sec. 651. Termination date.
Sec. 652. Effective date.
Subtitle E--Freedom Investment Act of 2002
Sec. 661. Short title.
Sec. 662. Purposes.
Sec. 663. Human rights activities at the Department of State.
Sec. 664. Human Rights and Democracy Fund.
Sec. 665. Reports on actions taken by the United States to encourage
respect for human rights.
Subtitle F--Elimination and Streamlining of Reporting Requirements
Sec. 671. Elimination of certain reporting requirements.
Sec. 672. Biennial reports on programs to encourage good governance.
Subtitle G--Other Matters
Sec. 681. Amendments to the International Religious Freedom Act of 1998.
Sec. 682. Amendments to the Victims of Trafficking and Violence
Protection Act of 2000.
Sec. 683. Annual human rights country reports on child soldiers.
Sec. 684. Extension of authority for Caucus on International Narcotics
Control.
Sec. 685. Participation of South Asian countries in international law
enforcement.
Sec. 686. Payment of anti-terrorism judgments.
Sec. 687. Reports on participation by small businesses in procurement
contracts of USAID.
Sec. 688. Program to improve building construction and practices in
Latin American countries.
Sec. 689. Sense of Congress relating to HIV/AIDS and United Nations
peacekeeping operations.
Sec. 690. Sense of Congress relating to Magen David Adom Society.
Sec. 691. Sense of Congress regarding the location of Peace Corps
offices abroad.
Sec. 692. Sense of Congress relating to resolution of the Taiwan Strait
issue.
Sec. 693. Sense of Congress relating to display of the American flag at
the American Institute in Taiwan.
Sec. 694. Reports on activities in Colombia.
Sec. 695. Report on United States-sponsored activities in Colombia.
Sec. 696. Report on extradition policy and practice.
Sec. 697. Special Court for Sierra Leone.
Sec. 698. United States Envoy for Peace in Sudan.
Sec. 699. Transfer of proscribed weapons to persons or entities in the
West Bank and Gaza.
Sec. 700. Sense of Congress relating to arsenic contamination in
drinking water in Bangladesh.
Sec. 701. Policing reform and human rights in Northern Ireland.
Sec. 702. Annual reports on United States-Vietnam human rights dialogue
meetings.
Sec. 703. Sense of Congress regarding human rights violations in
Indonesia.
Sec. 704. Report concerning the German Foundation ``Remembrance,
Responsibility, and the Future''.
Sec. 705. Sense of Congress on return of portraits of holocaust victims
to the artist Dina Babbitt.
Sec. 706. International drug control certification procedures.
DIVISION B--SECURITY ASSISTANCE ACT OF 2002
TITLE X--GENERAL PROVISIONS
Sec. 1001. Short title.
Sec. 1002. Definitions.
TITLE XI--VERIFICATION OF ARMS CONTROL AND NONPROLIFERATION AGREEMENTS
Sec. 1101. Verification and Compliance Bureau personnel.
Sec. 1102. Key Verification Assets Fund.
Sec. 1103. Revised verification and compliance reporting requirements.
TITLE XII--MILITARY AND RELATED ASSISTANCE
Subtitle A--Foreign Military Sales and Financing Authorities
Sec. 1201. Authorization of appropriations.
Sec. 1202. Relationship of Foreign Military Sales to United States
nonproliferation interests.
Sec. 1203. Official reception and representation expenses.
Sec. 1204. Arms Export Control Act prohibition on transactions with
countries that have repeatedly provided support for acts of
international terrorism.
Sec. 1205. Congressional notification of small arms and light weapons
license approvals; reports.
Sec. 1206. Treatment of Taiwan relating to transfers of defense articles
and defense services.
Subtitle B--International Military Education and Training
Sec. 1211. Authorization of appropriations.
Sec. 1212. Human rights violations.
Sec. 1213. Participation in post-undergraduate flying training and
tactical leadership programs.
Subtitle C--Assistance for Select Countries
Sec. 1221. Assistance for Israel and Egypt.
Sec. 1222. Security assistance for Greece and Turkey.
Sec. 1223. Security assistance for certain other countries.
Sec. 1224. Assistance for Lebanon.
Subtitle D--Excess Defense Article and Drawdown Authorities
Sec. 1231. Excess defense articles for certain countries.
Sec. 1232. Annual listing of possible excess defense articles.
Sec. 1233. Leases of defense articles for foreign countries and
international organizations.
Sec. 1234. Priority with respect to transfer of excess defense articles.
Subtitle E--Other Political-Military Assistance
Sec. 1241. Destruction of surplus weapons stockpiles.
Subtitle F--Antiterrorism Assistance
Sec. 1251. Authorization of appropriations.
Subtitle G--Other Matters
Sec. 1261. Additions to United States War Reserve Stockpiles for Allies.
Sec. 1262. Revised military assistance reporting requirements.
Sec. 1263. Consultation with Congress with regard to Taiwan.
TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
Subtitle A--General Provisions
Sec. 1301. Authorization of appropriations.
Sec. 1302. Nonproliferation technology acquisition programs for friendly
foreign countries.
Sec. 1303. International nonproliferation and export control training.
Sec. 1304. Relocation of scientists.
Sec. 1305. International Atomic Energy Agency regular budget assessments
and voluntary contributions.
Sec. 1306. Amendments to the Iran Nonproliferation Act of 2000.
Sec. 1307. Amendments to the North Korea Threat Reduction Act of 1999.
Sec. 1308. Annual reports on the proliferation of missiles and essential
components of nuclear, biological, chemical, and radiological
weapons.
Sec. 1309. Three-year international arms control and nonproliferation
strategy.
Subtitle B--Russian Federation Debt Reduction for Nonproliferation
Sec. 1311. Short title.
Sec. 1312. Findings and purposes.
Sec. 1313. Definitions.
Sec. 1314. Authority to reduce the Russian Federation's Soviet-era debt
obligations to the United States.
Sec. 1315. Russian Federation Nonproliferation Investment Agreement.
Sec. 1316. Independent media and the rule of law.
Sec. 1317. Restriction on debt reduction authority.
Sec. 1318. Discussion of Russian Federation debt reduction for
nonproliferation with other creditor states.
Sec. 1319. Implementation of United States policy.
Sec. 1320. Consultations with Congress.
Sec. 1321. Annual reports to Congress.
Subtitle C--Nonproliferation Assistance Coordination
Sec. 1331. Short title.
Sec. 1332. Findings.
Sec. 1333. Definitions.
Sec. 1334. Establishment of Committee on Nonproliferation Assistance.
Sec. 1335. Purposes and authority.
Sec. 1336. Administrative support.
Sec. 1337. Confidentiality of information.
Sec. 1338. Statutory construction.
Sec. 1339. Reporting and consultation.
Subtitle D--Iran Nuclear Proliferation Prevention Act of 2002
Sec. 1341. Short title.
Sec. 1342. Withholding of voluntary contributions to the International
Atomic Energy Agency for programs and projects in Iran.
Sec. 1343. Annual review by Secretary of State of programs and projects
of the International Atomic Energy Agency; United States
opposition to certain programs and projects of the Agency.
Sec. 1344. Reporting requirements.
Sec. 1345. Sense of Congress.
TITLE XIV--EXPEDITING THE MUNITIONS LICENSING PROCESS
Sec. 1401. License officer staffing.
Sec. 1402. Funding for database automation.
Sec. 1403. Information management priorities.
Sec. 1404. Improvements to the Automated Export System.
Sec. 1405. Adjustment of threshold amounts for congressional review
purposes.
Sec. 1406. Congressional notification of removal of items from the
Munitions List.
TITLE XV--NATIONAL SECURITY ASSISTANCE STRATEGY
Sec. 1501. Briefing on the strategy.
Sec. 1502. Security assistance surveys.
TITLE XVI--MISCELLANEOUS PROVISIONS
Sec. 1601. Nuclear and missile nonproliferation in South Asia.
Sec. 1602. Real-time public availability of raw seismological data.
Sec. 1603. Detailing United States governmental personnel to
international arms control and nonproliferation organizations.
Sec. 1604. Diplomatic presence overseas.
Sec. 1605. Compliance with the Chemical Weapons Convention.
TITLE XVII--AUTHORITY TO TRANSFER NAVAL VESSELS
Sec. 1701. Authority to transfer naval vessels to certain foreign
countries.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives.
(2) Department.--The term ``Department'' means the Department
of State.
(3) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of State.
DIVISION A--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEAR 2003
SEC. 101. SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act, Fiscal Year 2003''.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS.
(a) In General.--The following amounts are authorized to be
appropriated for the Department 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'', $4,030,023,000 for the fiscal year 2003.
(B) Worldwide security upgrades.--Of the amount authorized
to be appropriated by subparagraph (A), $564,000,000 for the
fiscal year 2003 is authorized to be appropriated for worldwide
security upgrades.
(C) Bureau of democracy, human rights, and labor.--Of the
amount authorized to be appropriated by subparagraph (A),
$20,000,000 for the fiscal year 2003 is authorized to be
appropriated for salaries and expenses of the Bureau of
Democracy, Human Rights, and Labor.
(D) Recruitment of minority groups.--Of the amount
authorized to be appropriated by subparagraph (A), $2,000,000
for the fiscal year 2003 is authorized to be appropriated for
the recruitment of members of minority groups for careers in
the Foreign Service and international affairs.
(2) Capital investment fund.--For ``Capital Investment Fund'',
$200,000,000 for the fiscal year 2003.
(3) Embassy security, construction and maintenance.--
(A) In general.--For ``Embassy Security, Construction and
Maintenance'', $555,000,000 for the fiscal year 2003, in
addition to amounts otherwise authorized to be appropriated for
such purpose by section 604 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 and contained in appendix G of that Act; 113
Stat. 1501A-470).
(B) Amendment of the nance-donovan foreign relations
authorization Act.--Section 604(a)(4) of that Act (113 Stat.
1501A-453) is amended by striking ``$900,000,000'' and
inserting ``$1,000,000,000''.
(4) Representation allowances.--For ``Representation
Allowances'', $9,000,000 for the fiscal year 2003.
(5) Protection of foreign missions and officials.--For
``Protection of Foreign Missions and Officials'', $11,000,000 for
the fiscal year 2003.
(6) Emergencies in the diplomatic and consular service.--For
``Emergencies in the Diplomatic and Consular Service'', $15,000,000
for the fiscal year 2003.
(7) Repatriation loans.--For ``Repatriation Loans'', $1,250,000
for the fiscal year 2003.
(8) Payment to the american institute in taiwan.--For ``Payment
to the American Institute in Taiwan'', $18,817,000 for the fiscal
year 2003.
(9) Office of the inspector general.--For ``Office of the
Inspector General'', $30,800,000 for the fiscal year 2003.
(b) Availability of Funds for Protection of Foreign Missions and
Officials.--The amount appropriated pursuant to subsection (a)(5) is
authorized to remain available through September 30, 2004.
SEC. 112. UNITED STATES EDUCATIONAL, CULTURAL, AND PUBLIC DIPLOMACY
PROGRAMS.
The following amounts are authorized to be appropriated for the
Department to carry out public diplomacy programs of the Department
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 Foreign Affairs Reform and
Restructuring Act of 1998, 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)), $135,000,000 for the fiscal year 2003.
(ii) Vietnam fulbright academic exchange program.--Of
the amount authorized to be appropriated by clause (i),
$5,000,000 for the fiscal year 2003 is authorized to be
available to carry out the Vietnam scholarship program
established by section 229 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (Public Law
102-138).
(iii) New century scholars initiative--hiv/aids.--Of
the amount authorized to be appropriated under clause (i),
$1,000,000 for the fiscal year 2003 is authorized to be
available for HIV/AIDS research and mitigation strategies
under the Health Issues in a Border-Less World academic
program of the New Century Scholars Initiative.
(B) Other educational and cultural exchange programs.--
(i) In general.--For other educational and cultural
exchange programs authorized by law, $125,000,000 for the
fiscal year 2003.
(ii) Tibetan exchanges.--Of the amount authorized to be
appropriated by clause (i), $500,000 for the fiscal year
2003 is authorized to be available for ``Ngawang Choephel
Exchange Programs'' (formerly known as ``programs of
educational and cultural exchange between the United States
and the people of Tibet'') under section 103(a) of the
Human Rights, Refugee, and Other Foreign Relations
Provisions Act of 1996 (Public Law 104-319).
(iii) East timorese scholarships.--Of the amount
authorized to be appropriated by clause (i), $500,000 for
the fiscal year 2003 is authorized to be available for
``East Timorese Scholarships''.
(iv) Montenegro parliamentary development.--Of the
amount authorized to be appropriated by clause (i),
$500,000 for the fiscal year 2003 is authorized to be
available for a program of parliamentary development and
exchanges in Montenegro.
(v) South pacific exchanges.--Of the amount authorized
to be appropriated under clause (i), $750,000 for the
fiscal year 2003 is authorized to be available for ``South
Pacific Exchanges''.
(vi) Israel-arab peace partners program.--Of the amount
authorized to be appropriated under clause (i), $750,000
for the fiscal year 2003 is authorized to be available 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''.
(vii) Sudanese scholarships.--Of the amount authorized
to be appropriated under clause (i), $500,000 for the
fiscal year 2003 is authorized to be available 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.--
(A) In general.--For the ``National Endowment for
Democracy'', $42,000,000 for the fiscal year 2003.
(B) Reagan-fascell democracy fellows.--Of the amount
authorized to be appropriated under subparagraph (A),
$1,000,000 for the fiscal year 2003 is authorized to be
available for a fellowship program 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.
(3) Center for cultural and technical interchange between east
and west.--For the ``Center for Cultural and Technical Interchange
between East and West'', $15,000,000 for the fiscal year 2003.
(4) Dante b. fascell north-south center.--For the ``Dante B.
Fascell North-South Center'', $2,500,000 for the fiscal year 2003.
SEC. 113. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
(a) Assessed Contributions to International Organizations.--
(1) Authorization of appropriations.--There is authorized to be
appropriated under the heading ``Contributions to International
Organizations'' $891,378,000 for the fiscal year 2003 for the
Department 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) Availability of funds for civil budget of nato.--Of the
amount authorized to be appropriated under the heading
``Contributions to International Organizations'' for fiscal year
2003, 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.
(b) Contributions for International Peacekeeping Activities.--There
is authorized to be appropriated under the heading ``Contributions for
International Peacekeeping Activities'' $725,981,000 for the fiscal
year 2003 for the Department 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.
(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 may be available for the
United States proportionate share of any 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 the amount
authorized to be appropriated by subsection (a), there is
authorized to be appropriated such sums as may be necessary for the
fiscal year 2003 to offset adverse fluctuations in foreign currency
exchange rates.
(2) Availability of funds.--Amounts appropriated under this
subsection may be available for obligation and expenditure only to
the extent that the Director of the Office of Management and Budget
determines and certifies to the appropriate congressional
committees 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
organization or agency concerned its proportionate share of the amount
by which the total contributions to the organization or agency exceed
the expenditures of the regular assessed budget of the organization or
agency.
SEC. 114. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under
``International Commissions'' for the Department to carry out the
authorities, functions, duties, and responsibilities in the conduct of
the foreign affairs of the United States with respect to international
commissions, 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'', $28,387,000 for the
fiscal year 2003; and
(B) for ``Construction'', $9,517,000 for the fiscal year
2003.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United States and
Canada'', $1,157,000 for the fiscal year 2003.
(3) International joint commission.--For ``International Joint
Commission'', $7,544,000 for the fiscal year 2003.
(4) International fisheries commissions.--For ``International
Fisheries Commissions'', $19,780,000 for the fiscal year 2003.
SEC. 115. MIGRATION AND REFUGEE ASSISTANCE.
(a) In General.--There is authorized to be appropriated for the
Department for ``Migration and Refugee Assistance'' for authorized
activities, $820,000,000 for the fiscal year 2003.
(b) Refugees Resettling in Israel.--Of the amount authorized to be
appropriated by subsection (a), $60,000,000 is authorized to be
available for the fiscal year 2003 for the resettlement of refugees in
Israel.
(c) Tibetan Refugees in India and Nepal.--Of the amount authorized
to be appropriated by subsection (a), $2,000,000 for the fiscal year
2003 is 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.
(d) Humanitarian Assistance for Displaced Burmese.--Of the amount
authorized to be appropriated by subsection (a), $2,000,000 for the
fiscal year 2003 is 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.
(e) Availability of Funds.--Funds appropriated pursuant to this
section are authorized to remain available until expended.
SEC. 116. 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 is authorized to be appropriated to the Secretary
of State $15,000,000 for the fiscal year 2003 for grants to The Asia
Foundation pursuant to this title.''.
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 United States Government broadcasting
activities under the United States Information and Educational Exchange
Act of 1948, the United States International Broadcasting Act of 1994,
the Radio Broadcasting to Cuba Act, the Television Broadcasting to Cuba
Act, and the Foreign Affairs Reform and Restructuring Act of 1998, and
to carry out other authorities in law consistent with such purposes:
(1) International broadcasting operations.--
(A) In general.--For ``International Broadcasting
Operations'', $485,823,000 for the fiscal year 2003.
(B) Allocation of funds.--Of the amount authorized to be
appropriated by subparagraph (A) for the fiscal year 2003,
there is authorized to be available for Radio Free Asia
$35,000,000 for the fiscal year 2003.
(2) Broadcasting capital improvements.--For ``Broadcasting
Capital Improvements'', $13,740,000 for the fiscal year 2003.
(3) Broadcasting to cuba.--For ``Broadcasting to Cuba'',
$25,923,000 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
``2003''; 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 $20,000,000 for the fiscal year
2003 for the Middle East Radio Network of Voice of America.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Basic Authorities and Activities
SEC. 201. 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 maximum extent
practicable, with such reimbursements to be credited to the
applicable Department of State appropriation and to remain
available until expended, except that no reimbursement under
this clause shall be paid that is greater than the amount the
person evacuated would have been charged for a reasonable
commercial air fare immediately prior to the events giving rise
to the evacuation;''.
SEC. 202. SPECIAL AGENT AUTHORITIES.
(a) General Authority.--Section 37(a) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2709(a)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) obtain and execute search and arrest warrants, as well as
obtain and serve subpoenas and summonses issued under the authority
of the United States;'';
(2) in paragraph (3)(F), by inserting ``or President-elect''
after ``President''; and
(3) by amending paragraph (5) to read as follows:
``(5) make arrests without warrant for any offense against the
United States committed in their presence, or for any felony
cognizable under the laws of the United States if they have
reasonable grounds to believe that the person to be arrested has
committed or is committing such felony.''.
(b) Agreements.--Section 37(b) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2709(b)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by striking ``(b) Agreement.--'' and all that follows
through the end of paragraph (1) and inserting the following:
``(b) Agreements with Attorney General and Secretary of the
Treasury and Firearms Regulations.--
``(1) Agreement with attorney general.--The authority conferred
by paragraphs (1) and (4) of subsection (a) shall be exercised
subject to an agreement between the Secretary and the Attorney
General.
``(2) Agreement with attorney general and secretary of the
treasury.--The authority conferred by paragraphs (2) and (5) of
subsection (a) shall be exercised subject to an agreement among the
Secretary, the Attorney General, and the Secretary of the
Treasury.''.
(c) Implementation of Search, Seizure, Service, and Arrest
Authority.--(1) The authority conferred by paragraphs (2) and (5) of
section 37(a) of the State Department Basic Authorities Act of 1956, as
amended by subsection (a), may not be exercised until the date on which
the Secretary--
(A) submits the agreement required by subsection (b)(2) of
section 37 of such Act to the appropriate congressional committees;
and
(B) publishes in the Federal Register a notice that the
agreement has been submitted in accordance with the requirements of
subparagraph (A).
(2) The authority conferred by paragraphs (2) and (5) of subsection
(a) of section 37 of the State Department Basic Authorities Act of
1956, as in effect on the day before the date of the enactment of this
Act, may continue to be exercised until the date on which the notice
described in paragraph (1)(B) is published in the Federal Register.
SEC. 203. 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 proceeding before
an international tribunal, or a claim against a foreign government
or other foreign entity, the Secretary may 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. 204. STATE DEPARTMENT RECORDS OF OVERSEAS DEATHS OF UNITED STATES
CITIZENS FROM NONNATURAL CAUSES.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.) is amended by adding at the end the following new
section:
``SEC. 57. STATE DEPARTMENT RECORDS OF OVERSEAS DEATHS OF UNITED STATES
CITIZENS FROM NONNATURAL CAUSES.
``(a) Collection of Information.--The Secretary shall, to the
maximum extent practicable, collect, with respect to each foreign
country, the following information with respect to each United States
citizen who dies in that country from a nonnatural cause on or after
the date of enactment of the Foreign Relations Authorization Act,
Fiscal Year 2003:
``(1) The date of death.
``(2) The locality where the death occurred (including the
state or province and municipality, if available).
``(3) The cause of death, including information on the
circumstances of the death, and including, if the death resulted
from an act of terrorism, a statement disclosing that information.
``(4) Such other information as the Secretary shall prescribe.
``(b) Database.--The Secretary shall establish and maintain a
database containing the information collected under subsection (a).
``(c) Public Availability of Information.--Beginning three months
after the date of enactment of the Foreign Relations Authorization Act,
Fiscal Year 2003, the Secretary, shall make available, on a country-by-
country basis, on the Internet website of the Department's Bureau of
Consular Affairs, the information from the database described in
subsection (b) with respect to deaths occurring since the date of
enactment of that Act, or occurring during the preceding three calendar
years, whichever period is shorter. The information shall be updated at
least every six months.''.
SEC. 205. FOREIGN RELATIONS HISTORICAL SERIES.
(a) Annual Reports by the Advisory Committee.--Section 404(d) of
the State Department Basic Authorities Act of 1956 (22 U.S.C. 4354(d))
is amended--
(1) by striking ``Reporting Requirement.--'' and inserting
``Annual Reports by the Advisory Committee.--''; and
(2) by inserting ``and to the Committee on Foreign Relations of
the Senate and the Committee on International Relations of the
House of Representatives'' after ``Secretary of State''.
(b) Annual Reports by the Secretary.--Section 404(e) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 4354(e)) is amended
to read as follows:
``(e) Annual Reports by the Secretary.--
``(1) In general.--Not later than March 1 of each year, the
Secretary shall submit a report to the Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representatives on the compliance of the
Department of State with the provisions of this title, including--
``(A) the volumes published in the previous calendar year;
``(B) the degree to which the Department is not in
compliance with the deadline set forth in section 401(c); and
``(C) the factors relevant to the inability of the
Department to comply with the provisions of this title,
including section 401(c).
``(2) Form of reports.--Each report required to be submitted by
paragraph (1) shall be submitted in unclassified form, together
with a classified annex if necessary.''.
SEC. 206. EXPANSION OF ELIGIBILITY FOR AWARD OF CERTAIN CONSTRUCTION
CONTRACTS.
(a) In General.--Section 11(b)(4)(A) of the Foreign Service
Buildings Act, 1926 (22 U.S.C. 302(b)(4)(A)) is amended by inserting
``or at a United States diplomatic or consular establishment abroad''
after ``United States''.
(b) Conforming Amendment.--Section 402(c)(2)(D) of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4852(c)(2)(D)) is amended by inserting ``or at a United States
diplomatic or consular establishment abroad'' after ``United States''.
SEC. 207. INTERNATIONAL CHANCERY CENTER.
Section 1 of the Act of October 8, 1968 (Public Law 90-553, as
amended; commonly known as the ``International Center Act'') is
amended--
(1) by redesignating clauses (a) and (b) as clauses (1) and
(2), respectively;
(2) by inserting ``(a)'' after ``That''; and
(3) by adding at the end the following new subsections:
``(b) There is established in the Treasury of the United States an
account into which may be deposited funds provided as advance payments
pursuant to subsection (a).
``(c) The Secretary of State may request the Secretary of the
Treasury to invest such portion of the funds deposited in that account
as is not, in the judgment of the Secretary of State, required to meet
the current needs of the account. Such investments shall be made by the
Secretary of the Treasury in public debt securities with maturities
suitable to the needs of the account, as determined by the Secretary of
State, and bearing interest at a rate determined by the Secretary of
the Treasury, taking into consideration the current market yields on
outstanding marketable obligations of the United States of comparable
maturity.''.
SEC. 208. TRAVEL TO GREAT LAKES FISHERIES MEETINGS.
Section 4(c) of the Great Lakes Fisheries Act of 1956 (16 U.S.C.
933(c)) is amended--
(1) by striking ``five'' and inserting ``ten''; and
(2) by striking ``each'' and inserting ``the annual''.
SEC. 209. 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. 210. USE OF FUNDS RECEIVED BY THE INTERNATIONAL BOUNDARY AND WATER
COMMISSION.
Section 5 of the Act entitled ``An Act providing for a study
regarding the equitable use of the waters of the Rio Grande below Fort
Quitman, Texas, in cooperation with the United States of Mexico'',
approved May 13, 1924 (22 U.S.C. 277d), is amended by inserting ``, the
North American Development Bank, or the Border Environment Cooperation
Commission'' after ``United Mexican States''.
SEC. 211. FEE COLLECTIONS RELATING TO INTERCOUNTRY ADOPTIONS AND
AFFIDAVITS OF SUPPORT.
(a) Adoption Fees.--Section 403(b) of the Intercountry Adoption Act
of 2000 (Public Law 106-279) is amended--
(1) in paragraph (2), by adding at the end the following new
sentence: ``Such fees shall remain available for obligation until
expended.''; and
(2) by striking paragraph (3).
(b) Affidavit of Support Fees.--Section 232 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 and contained in appendix G of that Act; 113 Stat. 1501A-425)
is amended--
(1) in subsection (c), by adding at the end the following new
sentence: ``Such fees shall remain available for obligation until
expended.''; and
(2) by striking subsection (d).
SEC. 212. ANNUAL REPORTS 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; 112 Stat.
2681-846) is amended by striking ``during the period ending September
30, 2001''.
SEC. 213. REPEAL OF PROVISION REGARDING HOUSING FOR FOREIGN
AGRICULTURAL ATTACHES.
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. 214. 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 shall, upon the request of the citizen or the
citizen's legal guardian, record the place of birth as Israel.
SEC. 215. 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
approximately 160 countries. Approximately 30 countries do not have
any diplomatic relations with Israel.
(3) The State 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 more than 50 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, the Secretary shall submit
a report to the appropriate congressional committees that includes the
following information (in classified or unclassified form, as
appropriate):
(1) Actions taken by the United States to encourage other
countries to establish full diplomatic relations with Israel.
(2) Specific responses solicited and received by the Secretary
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. 216. 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) 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 ``Not later'' and all
that follows through ``2001,'' and inserting ``Not later than May 1,
2003, and not later than May 1, 2004,''.
Subtitle B--Educational, Cultural, and Public Diplomacy Authorities
SEC. 221. FULBRIGHT-HAYS ACT AUTHORITIES.
Section 112(d) of the Mutual Educational and Cultural Exchange Act
of 1961 (22 U.S.C. 2460(d)) is amended--
(1) by inserting ``(1)'' immediately after ``(d)''; and
(2) by adding at the end the following:
``(2) Notwithstanding paragraph (1), the Bureau may also exercise
the authorities of this Act to administer programs authorized by, or
funded pursuant to, the FREEDOM Support Act, the Support for East
European Democracy Act, the Foreign Assistance Act of 1961, or any
other Act authorizing educational or cultural exchanges or activities,
to the extent that such programs are consistent with the purposes of
this Act.''.
SEC. 222. 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 the fiscal year 2003''.
SEC. 223. PLAN FOR ACHIEVEMENT OF PUBLIC DIPLOMACY OBJECTIVES.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall submit to the appropriate congressional committees
a report containing a plan for the Department designed to achieve the
following objectives:
(1) Full integration of public diplomacy policy into overall
policy formulation and implementation.
(2) Closer communication and policy coordination between public
diplomacy officers and other officers in the regional bureaus of
the Department and at overseas posts.
(3) The creation of channels of direct communication between
the public diplomacy officers in regional bureaus of the Department
and the Under Secretary of State for Public Diplomacy.
(4) Minimizing any adverse consequences of public diplomacy
officers in country posts reporting to the regional bureaus of the
Department.
SEC. 224. ADVISORY COMMITTEE ON CULTURAL DIPLOMACY.
(a) Establishment.--There is established an Advisory Committee on
Cultural Diplomacy (in this section referred to as the ``Advisory
Committee''), which shall be composed of nine members, as follows:
(1) The Under Secretary of State for Public Diplomacy, who
shall serve as Chair.
(2) The Assistant Secretary of State for Educational and
Cultural Affairs.
(3) Seven members appointed pursuant to subsection (c).
(b) Duties.--The Advisory Committee shall advise the Secretary on
programs and policies to advance the use of cultural diplomacy in
United States foreign policy. The Advisory Committee shall, in
particular, provide advice to the Secretary on--
(1) increasing the presentation abroad of the finest of the
creative, visual, and performing arts of the United States; and
(2) strategies for increasing public-private partnerships to
sponsor cultural exchange programs that promote the national
interests of the United States.
(c) Appointments.--The members of the Advisory Committee shall be
appointed by the Secretary, not more than four of whom shall be from
the same political party, from among distinguished Americans with a
demonstrated record of achievement in the creative, visual, and
performing arts, or international affairs. No officer or employee of
the United States shall be appointed to the Advisory Committee.
(d) Vacancies.--A vacancy in the membership of the Advisory
Committee shall be filled in the same manner as provided under this
subsection to make the original appointment.
(e) Meetings.--A majority of the members of the Advisory Committee
shall constitute a quorum. The Advisory Committee shall meet at least
twice each year or as frequently as may be necessary to carry out its
duties.
(f) Administrative Support.--The Secretary is authorized to provide
the Advisory Committee with necessary administrative support from among
the staff of the Bureau of Educational and Cultural Affairs of the
Department.
(g) Compensation.--Members of the Advisory Committee shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services of the
Advisory Committee.
(h) Exemption From Federal Advisory Committee Act.--The Federal
Advisory Committee Act shall not apply to the Advisory Committee to the
extent that the provisions of this section are inconsistent with that
Act.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Department such sums as may be necessary to carry
out this section.
(j) Termination.--The Advisory Committee shall terminate September
30, 2005.
SEC. 225. ALLOCATION OF FUNDS FOR ``AMERICAN CORNERS'' IN THE RUSSIAN
FEDERATION.
(a) Finding.--Congress finds that joint ventures with host
libraries in the Russian Federation known as ``American Corners'' are
an effective means--
(1) to provide information about United States history,
government, society, and values;
(2) to provide access to computers and the Internet; and
(3) to leverage United States assistance and exchange programs
in the Russian Federation.
(b) Allocation of Funds.--Of the amount authorized to be
appropriated by section 112(1)(B) of this Act for the fiscal year 2003,
$500,000 is authorized to be available for ``American Corner'' centers
operating in the Russian Federation.
SEC. 226. 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'' (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
for 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 particular concern
relating to the implementation of OSCE commitments or where an OSCE
presence exists. Such summary shall address the role played by OSCE
institutions, mechanisms, or field activities in achieving United
States policy objectives. Each annual report shall cover the period
from January 1 to December 31, shall be submitted not more than 90 days
after the end of the reporting period, and shall be posted on the
Internet website of the Department of State.''.
SEC. 227. AMENDMENTS TO THE VIETNAM EDUCATION FOUNDATION ACT OF 2000.
(a) Purposes of the Act.--Section 202 of the Vietnam Education
Foundation Act of 2000 (title II of division B of H.R. 5666, as enacted
by section 1(a)(4) of Public Law 106-554 and contained in appendix D of
that Act; 114 Stat. 2763A-255) is amended--
(1) in paragraph (1)(A), by inserting ``in the United States''
after ``technology)''; and
(2) in paragraph (1)(B), by striking ``appropriate Vietnamese
institutions'' and inserting ``academic institutions in Vietnam''.
(b) Election of the Chair.--Section 205(c) of such Act is amended
by inserting ``voting members of the'' after ``The''.
(c) Duties of the Board.--Section 205(e) of such Act is amended by
striking paragraphs (1) and (2) and inserting the following:
``(1) provide overall supervision and direction of the
Foundation;
``(2) establish criteria for the eligibility of applicants,
including criteria established by section 206(b), and for the
selection of fellowship recipients; and
``(3) select the fellowship recipients.''.
(d) Treatment of Presidential Appointees to the Board of
Directors.--Section 205 of such Act is amended--
(1) in subsection (f)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Except as provided in paragraphs (2) and
(3), each member of the Board shall serve without compensation.'';
and
(B) by adding at the end the following new paragraph:
``(3) Compensation of presidential appointees.--The members of
the Board appointed under subsection (a)(6) shall be paid at the
daily equivalent of the rate of basic pay payable for positions at
level V of the Executive Schedule under section 5316 of title 5,
United States Code, for each day (including travel time) during
which the member is engaged in the actual performance of duties as
a Board member.''; and
(2) by adding at the end the following new subsection:
``(g) Treatment of Presidential Appointees as Special Government
Employees.--The members of the Board appointed under subsection (a)(6)
shall be special Government employees, as defined in section 202(a) of
title 18, United States Code.''.
(e) Travel Regulations.--Section 205 of such Act, as amended by
subsection (d), is further amended by adding at the end the following
new subsection:
``(h) Travel Regulations.--Members of the Board shall be subject to
the same travel regulations as apply to officers and employees of the
Department of State.''.
(f) Vacancies.--Section 205(b) of such Act is amended by adding at
the end the following new paragraph:
``(3)(A) Any member appointed to fill a vacancy prior to the
expiration of the term for which his or her predecessor was appointed
shall be appointed for the remainder of such term.
``(B) Upon the expiration of his or her term of office, any member
may continue to serve until a successor is appointed.''.
(g) English Proficiency.--Section 206(a)(2) of such Act is amended
to read as follows:
``(2) Scientific and technical vocabulary in english.--
Fellowships awarded to Vietnamese nationals under paragraph (1) may
include funding to improve English proficiency in a fellowship
recipient's field of study.''.
(h) Selection Criteria.--Section 206(b) of such Act is amended--
(1) in paragraph (1), by striking ``Vietnamese candidates for
fellowships'' and inserting ``Fellowship candidates from Vietnam'';
and
(2) in paragraph (2), by striking ``teaching candidates'' and
inserting ``candidates for teaching fellowships''.
(i) Annual Report.--Such Act is amended--
(1) in section 207(d), by striking ``Board'' and inserting
``Secretary of the Treasury''; and
(2) in section 209(b)--
(A) by striking ``Foundation'' and inserting ``Board''; and
(B) by striking ``its operations under this title'' and
inserting ``the operations of the Foundation under this title,
including the financial condition of the Foundation''.
(j) Compensation of Executive Director.--Section 208(d) of such Act
is amended by striking ``level V of the Executive Schedule under
section 5316'' and inserting ``level IV of the Executive Schedule under
section 5315''.
(k) Clerical Corrections.--Such Act is amended--
(1) in section 206(d)--
(A) in the subsection heading, by striking ``Matching'' and
inserting ``Cost-Sharing''; and
(B) by striking ``matching'' and inserting ``cost-
sharing'';
(2) in section 206(e)--
(A) by striking ``proficiency'' and inserting ``progress'';
and
(B) by inserting before the period at the end the
following: ``and applicable law'';
(3) in section 208(a), by striking ``Secretary'' and inserting
``Director'';
(4) in section 208(d), by striking ``title V'' and inserting
``title 5''; and
(5) in section 209(a)(5), by striking ``District of Columbia''
and inserting ``metropolitan Washington, D.C., area''.
SEC. 228. ETHICAL ISSUES IN INTERNATIONAL HEALTH RESEARCH.
(a) In General.--The Secretary shall make available funds for
international exchanges to provide opportunities to researchers in
developing countries to participate in activities related to ethical
issues in human subject research, as described in subsection (c).
(b) Coordination With Other Programs.--The Secretary shall
coordinate programs conducted pursuant to this section with similar
programs that may be conducted by the United States Agency for
International Development and other Federal agencies as part of United
States international health programs, particularly with respect to
research and treatment of infectious diseases.
(c) Ethical Issues in Human Subject Research.--For purposes of
subsection (a), the phrase ``activities related to ethical issues in
human subject research'' includes 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.
SEC. 229. CONFORMING AMENDMENTS.
Section 112(g) of the Mutual Educational and Cultural Exchange Act
of 1961 (22 U.S.C. 2460(g)) is amended--
(1) in paragraph (1), by striking ``United States Information
Agency'' and inserting ``Department of State'';
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``Associate Director
for Educational and Cultural Affairs of the United States
Information Agency'' and inserting ``Assistant Secretary of
State for Educational and Cultural Affairs'';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraphs (C), (D), (E), (F), and
(G) as subparagraphs (B), (C), (D), (E), and (F), respectively;
(3) in paragraph (5), by striking ``United States Information
Agency'' and inserting ``Department of State'';
(4) in paragraph (6)(G), by striking ``United States
Information Agency'' and inserting ``Department of State''; and
(5) in paragraph (7), by striking ``Director of the United
States Information Agency'' and inserting ``Secretary of State,
acting through the Under Secretary of State for Public Diplomacy''.
Subtitle C--Consular Authorities
SEC. 231. REPORT ON VISA ISSUANCE TO INADMISSIBLE ALIENS.
Section 51(a) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2723(a)) is amended--
(1) by inserting ``(1) Denial of visas.--'' before ``The
Secretary''; and
(2) by adding at the end the following:
``(2) Visa issuance to inadmissible aliens.--The Secretary
shall, on a semiannual basis, submit to the appropriate committees
of the Congress a report describing every instance during the
period covered by the report in which a consular post or the Visa
Office of the Department of State issued an immigrant or
nonimmigrant visa to an alien who is inadmissible to the United
States based upon terrorist activity or failed to object to the
issuance of an immigrant or nonimmigrant visa to an alien
notwithstanding any such ground of inadmissibility. The report
shall set forth the name and nationality of the alien, the issuing
post, and a brief factual statement of the basis for issuance of
the visa or the failure to object. The report may be submitted in
classified or unclassified form.''.
SEC. 232. DENIAL OF ENTRY INTO UNITED STATES OF CHINESE AND OTHER
NATIONALS ENGAGED IN COERCED ORGAN OR BODILY TISSUE
TRANSPLANTATION.
(a) Denial of Entry.--Notwithstanding any other provision of law
and except as provided in subsection (b), the Secretary shall direct
consular officers not to issue a visa to any person whom the Secretary
finds, based on credible and specific information, to have been
directly involved with the coercive transplantation of human organs or
bodily tissue, unless the Secretary has substantial grounds for
believing that the foreign national has discontinued his or her
involvement with, and support for, such practices.
(b) Exception.--The prohibitions in subsection (a) do not apply to
an applicant who is a head of state, head of government, or cabinet-
level minister.
(c) Waiver.--The Secretary may waive the prohibitions in subsection
(a) with respect to a foreign national if the Secretary--
(1) determines that it is important to the national interest of
the United States to do so; and
(2) not later than 30 days after the issuance of a visa,
provides written notification to the appropriate congressional
committees containing a justification for the waiver.
SEC. 233. PROCESSING OF VISA APPLICATIONS.
(a) In General.--It shall be the policy of the Department to
process each visa application from an alien classified as an immediate
relative or as a K-1 nonimmigrant 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 petitioner is a relative other than an immediate relative, it
should be the policy of the Department to process such an application
within 60 days of the receipt of all necessary documents from the
applicant and the Immigration and Naturalization Service.
(b) Definitions.--In this section:
(1) Immediate relative.--The term ``immediate relative'' has
the meaning given the term in section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)).
(2) K-1 nonimmigrant.--The term ``K-1 nonimmigrant'' means a
nonimmigrant alien described in section 101(a)(15)(K)(i) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(i)).
SEC. 234. 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 by adding at the
end the following:
``(3) For the fiscal year 2003, any amount that exceeds
$460,000,000 may be made available only if a notification is
submitted to Congress in accordance with the procedures applicable
to reprogramming notifications under section 34 of the State
Department Basic Authorities Act of 1956.''.
Subtitle D--Migration and Refugees
SEC. 241. PROHIBITION ON FUNDING THE INVOLUNTARY RETURN OF REFUGEES.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.), as amended by section 204 of this Act, is
further amended by adding at the end the following new section:
``SEC. 58. PROHIBITION ON FUNDING THE INVOLUNTARY RETURN OF REFUGEES.
``(a) Prohibition.--
``(1) In general.--Except as provided in paragraph (2), none of
the funds made available to the Department of State, or the United
States Emergency Refugee and Migration Assistance Fund established
in section 2(c) of the Migration and Refugee Assistance Act of 1962
(22 U.S.C. 2601(c)), may 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.
``(2) Exception.--The prohibition in paragraph (1) does not
apply to the return of any person 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 advice and consent to ratification of the
Protocol.
``(b) Congressional Notification Required in All Cases.--None of
the funds made available to the Department of State, or the United
States Emergency Refugee and Migration Assistance Fund established in
section 2(c) of the Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2601(c)), may be available to effect the involuntary return by
the United States of any person to any country unless the Secretary
first notifies the appropriate congressional committees, except that,
in the case of an emergency involving a threat to human life, the
Secretary shall notify the appropriate congressional committees as soon
as practicable.
``(c) Statutory Construction.--Nothing in this section shall be
construed as affecting activities of the Department of State that
relate to removal proceedings under the Immigration and Nationality Act
or extradition.
``(d) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives.
``(2) To effect the involuntary return.--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. 242. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL ORGANIZATION
FOR MIGRATION.
Section 2(a) of the Migration and Refugee Assistance Act of 1962
(22 U.S.C. 2601(a)) is amended to read as follows:
``(a)(1) 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.
``(2) For the purpose of assisting in the movement of refugees and
migrants, there are authorized to be appropriated to the President 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. 243. REPORT ON OVERSEAS REFUGEE PROCESSING.
(a) Report on Overseas Refuge Processing.--Not later than 120 days
after the date of the enactment of this Act, the Secretary shall submit
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 increased over the last 10 years commensurate 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 shall submit to the appropriate
congressional committees a comprehensive workforce plan for the
Department for the fiscal years 2003 through 2007. 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--
(1) the detailed mission of the Department;
(2) the definition of work to be done;
(3) a description of cyclical personnel needs based on expected
retirements and attrition; and
(4) a statement of the time required to hire, train, and deploy
new personnel.
(b) Domestic Staffing Model.--Not later than one year after the
date of the enactment of this Act, the Secretary shall compile and
submit to the appropriate congressional committees a domestic staffing
model for the Department.
SEC. 302. ``RIGHTSIZING'' OVERSEAS POSTS.
(a) ``Rightsizing'' at the Department of State.--
(1) In general.--The Secretary shall establish a task force
within the Department on the issue of ``rightsizing'' overseas
posts.
(2) Preliminary report.--Not later than 120 days after the date
of the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report that 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) Identification of 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) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary 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 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 120 days after the date
of the enactment of this Act, the Secretary 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) Identification of the official of each agency with
primary responsibility for the issue of ``rightsizing''.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary 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) 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 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 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 with
respect to international narcotics and law enforcement, or that
officer's principal deputy, shall have substantial professional
qualifications in the fields of (A) management, and (B) law
enforcement or international narcotics policy.''.
Subtitle B--Personnel Matters
SEC. 311. THOMAS JEFFERSON STAR FOR FOREIGN SERVICE.
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
star'' and inserting ``thomas jefferson star for foreign service'';
and
(2) by striking ``Foreign Service star'' each place it appears
and inserting ``Thomas Jefferson Star for Foreign Service''.
SEC. 312. PRESIDENTIAL RANK AWARDS.
(a) Comparable Payments.--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 basic 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 basic pay established under section
4507(e)(2) of such title 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, 2002.
SEC. 313. FOREIGN SERVICE NATIONAL SAVINGS FUND.
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, 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. 314. CLARIFICATION OF SEPARATION FOR CAUSE.
(a) In General.--Section 610(a) of the Foreign Service Act of 1980
(22 U.S.C. 4010(a)) is amended--
(1) in paragraph (1), by inserting ``decide to'' after ``may'';
(2) by striking paragraphs (2), (3), (4), (5), and (6); and
(3) by inserting after paragraph (1) the following:
``(2)(A) Except as provided in subparagraph (B), whenever 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 of the Foreign Service Act of 1980
who is not a family member) who either--
``(i) is serving under a career appointment, or
``(ii) 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, in writing, the right to such a hearing, or the
member's appointment has expired, whichever is sooner.
``(B) The right to a hearing in subparagraph (A) does not apply in
the case of an individual who has been convicted of a crime for which a
sentence of imprisonment of more than one year may be imposed.
``(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). The hearing provided 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
Act. Section 1110 shall apply to proceedings under this paragraph.
``(4) Notwithstanding the hearing required by paragraph (2), at the
time that 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.''.
(b) Conforming Amendments.--Section 1106(8) of the Foreign Service
Act of 1980 (22 U.S.C. 4136(8)) is amended--
(1) in the first sentence--
(A) by striking ``the involuntary separation of the
grievant,''; and
(B) by striking ``grievant, or'' and inserting ``grievant
or''; and
(2) by striking the last sentence.
SEC. 315. 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 (22 U.S.C. 4081).
(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. 316. 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. 317. CORRECTION OF TIME LIMITATION 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'' and inserting ``but in no case more than three
years''.
SEC. 318. TRAINING AUTHORITIES.
Section 2205 of the Foreign Affairs Reform and Restructuring Act of
1998 (as enacted by division G of Public Law 105-277; 112 Stat. 2681-
808) is amended--
(1) in the section heading, by striking ``pilot'';
(2) by striking subsection (a)(3); and
(3) by striking subsection (c).
SEC. 319. 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 election of
the employee, in lieu of the transportation of the baggage of a
dependent 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, except that the amount of the
payment or reimbursement may not exceed the cost that the Government
would incur to transport the baggage.''.
SEC. 320. EMERGENCY MEDICAL ADVANCE PAYMENTS.
Section 5927 of title 5, United States Code, is amended--
(1) by amending subsection (a)(3) to read as follows:
``(3) to an employee compensated pursuant to section 408 of the
Foreign Service Act of 1980, who--
``(A) pursuant to United States 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.''; and
(2) in subsection (b), by striking ``appointed'' and inserting
``hired''.
SEC. 321. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE PERFORMED
ABROAD.
(a) Retirement Credit for Certain Government Service Performed
Abroad.--Subject to subsection (b)(1), credit under chapter 84 of title
5, United States Code, shall be allowed for any service performed by an
individual if or to the extent that--
(1) it was performed by such individual--
(A) after December 31, 1988, and before May 24, 1998;
(B) at a United States diplomatic mission, consular post
(other than a consular agency), or other Foreign Service post
abroad; and
(C) under a temporary appointment pursuant to sections 309
and 311 of the Foreign Service Act of 1980 (22 U.S.C. 3949 and
3951);
(2) at the time of performing such service, such individual
would have satisfied all eligibility requirements under regulations
of the Department (as in effect on the date of the enactment of
this Act) for a family member limited noncareer appointment (within
the meaning of such regulations, as in effect on such date of
enactment), except that, in applying this paragraph, an individual
not employed by the Department while performing such service shall
be treated as if then so employed;
(3) such service would have been creditable under section
8411(b)(3) of such title 5 if--
(A) the service had been performed before January 1, 1989;
and
(B) the deposit requirements of section 8411(f) of such
title 5 had been met with respect to such service;
(4) such service would not otherwise be creditable under the
Federal Employees' Retirement System or any other retirement system
for employees of the United States Government (disregarding title
II of the Social Security Act); and
(5) the total amount of service performed by such individual
(satisfying paragraphs (1) through (4)) is not less than 90 days.
(b) Requirements.--
(1) Requirements of the individual.--In order to receive credit
under chapter 84 of title 5, United States Code, for any service
described in subsection (a), the individual who performed such
service (or, if deceased, any person who is or would be eligible
for a survivor annuity under the Federal Employees' Retirement
System based on the service of such individual)--
(A) shall file a written application with the Office of
Personnel Management not later than 36 months after the
effective date of the regulations prescribed to carry out this
section (as specified in those regulations); and
(B) shall remit to the Office (for deposit in the Treasury
of the United States to the credit of the Civil Service
Retirement and Disability Fund) the total amount that, under
section 8422 of such title 5, should have been deducted from
the basic pay of such individual for such service if such
service had then been creditable under such chapter 84.
(2) Government contributions.--
(A) In general.--In addition to any other payment that it
is required to make under chapter 84 of title 5, United States
Code, a department, agency, or other instrumentality of the
United States shall remit to the Office of Personnel Management
(for deposit in the Treasury of the United States to the credit
of the Fund) the amount described in subparagraph (B).
(B) Amount described.--The amount described in this
subparagraph is, with respect to a remittance under paragraph
(1), the total amount of Government contributions that would,
under section 8423 of title 5, United States Code, have been
required of the instrumentality involved (to the extent that it
was the employing entity during the period of service to which
such remittance relates) in connection with such service.
(C) Special rule.--If an amount cannot be remitted under
this paragraph because an instrumentality has ceased to exist,
such amount shall instead be treated as part of the
supplemental liability referred to in section 8423(b)(1) (A) or
(B) of title 5, United States Code (whichever would be
appropriate).
(3) Related requirements.--Any remittance under paragraph (1)
or (2)--
(A) shall be made in such time, form, and manner as the
Office of Personnel Management may by regulation require; and
(B) shall be computed with interest (in accordance with
section 8334(e) of title 5, United States Code, and such
requirements as the Office may by regulation prescribe).
(4) Notification and assistance requirements.--
(A) In general.--The Office of Personnel Management shall
take such action as may be necessary and appropriate to inform
individuals entitled to have any service credited under this
section, or to have any annuity computed or recomputed under
this section, of their entitlement to such credit, computation,
or recomputation.
(B) Assistance to individuals.--The Office shall, on
request, assist any individual referred to in subparagraph (A)
in obtaining from any department, agency, or other
instrumentality of the United States such information in the
possession of such instrumentality as may be necessary to
verify the entitlement of such individual to have any service
credited, or to have any annuity computed or recomputed,
pursuant to this section.
(C) Assistance from instrumentalities.--Any department,
agency, or other instrumentality of the United States that
possesses any information with respect to any service described
in subsection (a) shall, at the request of the Office, furnish
such information to the Office.
(c) Definitions.--In this section:
(1) Abroad.--The term ``abroad'' has the meaning given such
term under section 102 of the Foreign Service Act of 1980 (22
U.S.C. 3902).
(2) Basic pay.--The term ``basic pay'' has the meaning given
such term under section 8401 of title 5, United States Code.
(3) Civil service retirement and disability fund.--The term
``Civil Service Retirement and Disability Fund'' or ``Fund'' means
the Civil Service Retirement and Disability Fund under section 8348
of title 5, United States Code.
(4) Temporary appointment.--The term ``temporary appointment''
means an appointment that is limited by its terms to a period of
one year or less.
(d) Rule of Construction.--Nothing in this section shall be
considered to permit or require the making of any contributions to the
Thrift Savings Fund that would not otherwise have been permitted or
required had this section not been enacted.
(e) Applicability.--
(1) Annuities commencing on or after effective date of
implementing regulations.--An annuity or survivor annuity--
(A) which is based on the service of an individual who
performed service described in subsection (a), and
(B) which commences on or after the effective date of the
regulations prescribed to carry out this section (as determined
under subsection (b)(1)(A)),
shall (subject to subsection (b)(1)) be computed taking into
account all service described in subsection (a) that was performed
by such individual.
(2) Annuities with commencement date preceding effective date
of implementing regulations.--
(A) Recomputation cases.--An annuity or survivor annuity--
(i) which is based on the service of an individual who
performed service described in subsection (a), and
(ii) which commences before the effective date referred
to in paragraph (1)(B),
shall (subject to subsection (b)(1)) be recomputed taking into
account all service described in subsection (a) that was
performed by such individual.
(B) Other cases.--An annuity or survivor annuity--
(i) which is based on the service of an individual who
performed service described in subsection (a),
(ii) the requirements for entitlement which could not
be met without taking into account service described in
subsection (a), and
(iii) which (if service described in subsection (a) had
been taken into account, and an appropriate application
been submitted) would have commenced before the effective
date referred to in paragraph (1)(B),
shall (subject to subsection (b)(1)) be computed taking into
account all service described in subsection (a) that was
performed by such individual.
(C) Retroactive effect.--Any computation or recomputation
of an annuity or survivor annuity pursuant to this paragraph
shall--
(i) if pursuant to subparagraph (A), be effective as of
the commencement date of the annuity or survivor annuity
involved; and
(ii) if pursuant to subparagraph (B), be effective as
of the commencement date that would have applied if
application for the annuity or survivor annuity involved
had been submitted on the earliest date possible in order
for it to have been approved.
(D) Lump-sum payment.--Any amounts which by virtue of
subparagraph (C) are payable for any months preceding the first
month (on or after the effective date referred to in paragraph
(1)(B)) as of which annuity or survivor annuity payments become
payable fully reflecting the computation or recomputation under
subparagraph (A) or (B) (as the case may be) shall be payable
in the form of a lump-sum payment.
(E) Order of precedence.--Section 8424(d) of title 5,
United States Code, shall apply in the case of any payment
under subparagraph (D) payable to an individual who has died.
(f) Implementation.--The Office of Personnel Management, in
consultation with the Secretary, shall prescribe such regulations and
take such action as may be necessary and appropriate to implement this
section.
SEC. 322. COMPUTATION OF FOREIGN SERVICE RETIREMENT ANNUITIES AS IF
WASHINGTON, D.C., LOCALITY-BASED COMPARABILITY PAYMENTS
WERE MADE TO OVERSEAS-STATIONED FOREIGN SERVICE MEMBERS.
(a) Foreign Service Retirement and Disability System.--
(1) Computation of annuities.--Section 806(a) of the Foreign
Service Act of 1980 (22 U.S.C. 4046(a)) is amended by adding at the
end the following new paragraph:
``(9) For purposes of any annuity computation under this
subsection, the basic salary or basic pay of any member of the Service
whose official duty station is outside the continental United States
shall be considered to be the salary or pay that would have been paid
to the member had the member's official duty station been Washington,
D.C., including locality-based comparability payments under section
5304 of title 5, United States Code, that would have been payable to
the member if the member's official duty station had been Washington,
D.C.''.
(2) Government contributions and individual deductions and
withholdings.--Section 805(a) of the Foreign Service Act of 1980
(22 U.S.C. 4045(a)) is amended--
(A) in paragraph (1)--
(i) in the first sentence, by striking ``7'' and
inserting ``7.25''; and
(ii) in the second sentence, by striking ``An equal
amount shall be contributed by the Department'' and
inserting ``The contribution by the employing agency shall
be a percentage of basic salary equal to the percentage in
effect under section 7001(d)(1) of the Balanced Budget Act
of 1997 (Public Law 105-33; 22 U.S.C. 4045 note), and
section 505(h) of the Department of Transportation and
Related Agencies Appropriations Act, 2001 (as enacted by
Public Law 106-346; 114 Stat. 1356A-54), plus .25 percent
of basic salary, and shall be made'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting at the end of the
first sentence ``, plus an amount equal to .25 percent of
basic pay''; and
(ii) in subparagraph (B), by inserting at the end of
the first sentence ``, plus an amount equal to .25 percent
of basic pay'';
(C) in paragraphs (1) and (2), by striking ``Department''
each place it appears and inserting ``employing agency''; and
(D) in paragraph (3), by inserting at the end of the first
sentence ``, plus .25 percent''.
(b) Foreign Service Pension System.--
(1) Computation of annuities.--Section 855(a) of the Foreign
Service Act of 1980 (22 U.S.C. 4071d(a)) is amended by adding at
the end the following new paragraph:
``(3) For purposes of any annuity computation under this
subsection, the average pay (as used in section 8414 of title 5, United
States Code) of any member of the Service whose official duty station
is outside the continental United States shall be considered to be the
salary that would have been paid to the member had the member's
official duty station been Washington, D.C., including locality-based
comparability payments under section 5304 of title 5, United States
Code, that would have been payable to the member if the member's
official duty station had been Washington, D.C.''.
(2) Individual deductions and withholdings.--Section 856(a)(2)
of the Foreign Service Act of 1980 (22 U.S.C. 4071e(a)(2)) is
amended by striking:
``7.5........ After December 31, 2000.''
and inserting the following:
``7.55....... After January 11, 2003.''.
(c) Effective Dates.--
(1) Computation of annuities.--The amendments made by
subsections (a)(1) and (b)(1) shall apply to service performed on
or after the first day of the first pay period beginning on or
after the date that is 90 days after the date of enactment of this
Act.
(2) Government contributions and individual deductions and
withholdings.--The amendments made by subsections (a)(2) and (b)(2)
shall take effect with the first pay period beginning on or after
the date that is 90 days after the date of enactment of this Act.
SEC. 323. PLAN FOR IMPROVING RECRUITMENT OF VETERANS INTO THE FOREIGN
SERVICE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report containing a plan for the Department
to improve the recruitment of veterans for the career Foreign Service.
The plan shall--
(1) address personnel issues relevant to such recruitment
efforts; and
(2) include proposals for improving coordination between the
Department and the Departments of Defense, Transportation, and
Veterans Affairs in promoting the recruitment of veterans to the
career Foreign Service.
(b) Definition.--In this section, the term ``veterans'' has the
meaning given that term in section 101(2) of title 38, United States
Code.
SEC. 324. REPORT CONCERNING MINORITY EMPLOYMENT.
On April 1, 2003, and April 1, 2004, the Secretary shall submit a
comprehensive report to Congress, with respect to the preceding
calendar year, concerning the employment of members of minority groups
at the Department, including the Civil Service and the Foreign Service.
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 officer 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 and percentages of members of all minority
groups promoted to each grade of the Foreign Service.
(2) For the last preceding year for Civil Service employment at
the Department 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. 325. 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 111(1)(D) 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 111(1)(D) may not be used to pay
salaries of employees of the Department.
(b) Recruitment Activities at Academic Institutions.--The Secretary
shall expand the recruitment efforts of the Department 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 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 on the evaluation of
efforts to recruit such individuals, including an analysis of the
information collected in the database created under this subsection.
Such report shall be included in each of the two reports required under
section 324.
SEC. 326. ASSIGNMENTS AND DETAILS OF PERSONNEL TO THE AMERICAN
INSTITUTE IN TAIWAN.
Section 503 of the Foreign Service Act of 1980 (22 U.S.C. 3983) is
amended--
(1) by adding at the end the following new subsection:
``(d)(1) The Secretary may assign a member of the Service, or
otherwise detail an employee of the Department, for duty at the
American Institute in Taiwan, if the Secretary determines that to do so
is in the national interest of the United States.
``(2) The head of any other department or agency of the United
States may, with the concurrence of the Secretary, detail an employee
of that department or agency to the American Institute in Taiwan, if
the Secretary determines that to do so is in the national interest of
the United States.
``(3) In this subsection, the term `employee' does not include--
``(A) a noncareer appointee, limited term appointee, or limited
emergency appointee (as such terms are defined in section 3132(a)
of title 5, United States Code) in the Senior Executive Service; or
``(B) an employee in a position that has been excepted from the
competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating character.
``(4) An assignment or detail under this subsection may be made
with or without reimbursement from the American Institute in Taiwan.
``(5) The period of an assignment or detail under this subsection
shall not exceed a total of 6 years, except that the Secretary (or any
other head of a department or agency of the United States, with the
concurrence of the Secretary) may extend the period of an assignment or
detail for an additional period of not more than 6 years.''; and
(2) in subsection (c), by striking ``Assignments'' and
inserting ``Except as otherwise provided in subsection (d)(5),
assignments''.
SEC. 327. ANNUAL REPORTS ON FOREIGN LANGUAGE COMPETENCE.
Section 702(c) of the Foreign Service Act of 1980 (22 U.S.C.
4022(c)) is amended--
(1) by striking ``March 31'' and inserting ``January 31''; and
(2) in paragraph (1), by striking ``calendar year'' and
inserting ``fiscal year''.
SEC. 328. TRAVEL OF CHILDREN OF MEMBERS OF THE FOREIGN SERVICE ASSIGNED
ABROAD.
Section 901(15) of the Foreign Service Act of 1980 (22 U.S.C.
4081(15)) is amended by striking ``port of entry in the contiguous 48
States which is nearest to that post'' and inserting ``residence of the
other parent, or between the post to which the member is assigned and
the residence of the child if the child does not reside with a
parent''.
TITLE IV--INTERNATIONAL ORGANIZATIONS
SEC. 401. PAYMENT OF THIRD INSTALLMENT OF ARREARAGES.
(a) In General.--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(b)(3) is amended by striking ``, upon the
certification described in section 941'' and inserting the
following: ``upon a certification described in section 941 with
respect to the United Nations or a particular designated
specialized agency, and immediately with respect to organizations
to which none of the conditions in section 941(b) apply''.
(2) 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 ``, if the other conditions in subsection
(b) are satisfied''.
(3) Section 941(a)(3) is amended by striking ``and for any
other organization to which none of the conditions in subsection
(b) apply''.
(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''
each place it appears and inserting ``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 place it appears and inserting ``result in''.
(b) Conforming Amendment.--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 contained in section 1000 of division B of
the Consolidated Appropriations Act, 2000; Public Law 106-113) 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 after ``respective agencies:'' the following:
``Provided further, That none of the funds appropriated or
otherwise made available under this heading for payment of
arrearages may be obligated 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:''.
(c) Transmittal of Certifications to Congress.--Section 912(c) of
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-477) is amended to read as follows:
``(c) Advance Congressional Notification.--Funds made available
pursuant to section 911 may be obligated and expended only if the
appropriate certification has been submitted to the appropriate
congressional committees 15 days prior to payment of the funds, in the
case of a certification submitted with respect to funds made available
for fiscal year 2000.''.
SEC. 402. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
UNITED NATIONS PEACEKEEPING OPERATIONS IN CALENDAR YEARS
2001 THROUGH 2004.
(a) In General.--Section 404(b)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e note) is
amended--
(1) by striking ``Funds'' and inserting ``(A) In general.--
Except as provided in subparagraph (B), funds''; and
(2) by adding at the end the following:
``(B) Reduction in united states share of assessed
contributions.--Notwithstanding the percentage limitation
contained in subparagraph (A), the United States share of
assessed contributions for each United Nations peacekeeping
operation during the following periods is authorized to be as
follows:
``(i) For assessments made during calendar year 2001,
28.15 percent.
``(ii) For assessments made during calendar year 2002,
27.90 percent.
``(iii) For assessments made during calendar year 2003,
27.40 percent.
``(iv) For assessments made during calendar year 2004,
27.40 percent.''.
(b) Conforming Amendments to Public Law 92-544.--Title I of the
Departments of State, Justice, and Commerce, the Judiciary, and Related
Agencies Appropriation Act, 1973 (22 U.S.C. 287e note) is amended--
(1) in the next to the last sentence of the undesignated
paragraph under the heading ``contributions to international
organizations'' in Public Law 92-544 (22 U.S.C. 287e note), by
striking ``After'' and inserting ``Subject to section 404(b)(2) of
the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(22 U.S.C. 287e note), after''; and
(2) in the last sentence of the undesignated paragraph under
the heading ``contributions to international organizations'' in
Public Law 92-544 (22 U.S.C. 287e note)--
(A) by striking ``Appropriations are authorized'' and
inserting ``Subject to section 404(b)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (22
U.S.C. 287e note), appropriations are authorized''; and
(B) by striking ``(other than United Nations peacekeeping
operations) conducted'' and inserting ``conducted by or under
the auspices of the United Nations or''.
SEC. 403. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
UNITED NATIONS REGULAR BUDGET.
The United Nations Participation Act of 1945 (22 U.S.C. 287 et
seq.) is amended by adding at the end the following new section:
``SEC. 11. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
UNITED NATIONS REGULAR BUDGET.
``None of the funds available to the Department of State shall be
used to pay the United States share of assessed contributions for the
regular budget of the United Nations in an amount greater than 22
percent of the total of all assessed contributions for that budget.''.
SEC. 404. PROMOTION OF SOUND FINANCIAL PRACTICES BY THE UNITED NATIONS.
(a) Findings.--Congress makes the following findings:
(1) In the early 1980s, the United States Government began to
pay United States assessments to certain international
organizations in the last quarter of the calendar year in which
they were due. This practice allowed the United States to pay its
annual assessment to the United Nations and other international
organizations with the next fiscal year's appropriations, taking
advantage of the fact that international organizations operate on
calendar years. It also allowed the United States to reduce
budgetary outlays, making the United States budget deficit appear
smaller.
(2) The United States, which is assessed 22 percent of the
United Nations regular budget, now pays its dues at least 10 months
late, and often later depending on when the relevant appropriation
is enacted.
(3) This practice causes the United Nations to operate
throughout much of the year without a significant portion of its
operating budget. By midyear, the budget is usually depleted,
forcing the United Nations to borrow from its separate peacekeeping
budget (the organization is prohibited from external borrowing). As
a result, countries that contribute to United Nations peacekeeping
missions are not reimbursed on a timely basis.
(4) For years, the United States has been encouraging the
United Nations and other international organizations to engage in
sound, fiscally responsible budgetary practices. In fact, many of
the conditions in United States law for paying nearly
$1,000,000,000 in debt to the United Nations and other
international organizations are aimed at this goal. But late
payment of United States dues forces the United Nations and other
international organizations to engage in budgetary practices that
are neither sound nor responsible.
(b) Sense of Congress.--It is the sense of Congress that the United
States should initiate a process to synchronize the payment of its
assessments to the United Nations and other international organizations
over a multiyear period so that the United States can resume paying its
dues to such international organizations at the beginning of each
calendar year.
(c) Authorization of Appropriations.--
(1) In general.--In addition to amounts otherwise available for
the purpose of payment of the United States assessed contributions
to the United Nations and other international organizations, there
are authorized to be appropriated such sums as may be necessary to
carry out the policy described in subsection (b).
(2) Availability of funds.--Amounts appropriated pursuant to
paragraph (1) are authorized to remain available until expended.
SEC. 405. 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).
SEC. 406. USE OF SECRET BALLOTS WITHIN THE UNITED NATIONS.
Not later than 120 days after the date of enactment of this Act,
the Secretary shall submit a report to the appropriate congressional
committees containing a detailed analysis, and a determination based on
such analysis, on whether the use of secret ballots within the United
Nations and the specialized agencies of the United Nations serves the
interests of the United States.
SEC. 407. SENSE OF CONGRESS RELATING TO MEMBERSHIP OF THE UNITED STATES
IN UNESCO.
It is the sense of Congress that the President, having announced
that the United States will rejoin the United Nations Educational,
Scientific, and Cultural Organization (UNESCO), should submit a report
to the appropriate congressional committees--
(1) describing the merits of renewing the membership and
participation of the United States in UNESCO; and
(2) detailing the projected costs of United States membership
in UNESCO.
SEC. 408. UNITED STATES MEMBERSHIP ON THE UNITED NATIONS COMMISSION ON
HUMAN RIGHTS AND INTERNATIONAL NARCOTICS CONTROL BOARD.
The United States, in connection with its voice and vote in the
United Nations General Assembly and the United Nations Economic and
Social Council, shall make every reasonable effort--
(1) to secure a seat for the United States on the United
Nations Commission on Human Rights;
(2) to secure a seat for a United States national on the United
Nations International Narcotics Control Board; and
(3) to prevent membership on the Human Rights Commission by any
member nation the government of which, in the judgment of the
Secretary, based on the Department's Annual Country Reports on
Human Rights and the Annual Report on International Report on
Religious Freedom, consistently violates internationally recognized
human rights or has engaged in or tolerated particularly severe
violations of religious freedom in that country.
SEC. 409. PLAN FOR ENHANCED DEPARTMENT OF STATE EFFORTS TO PLACE UNITED
STATES CITIZENS IN POSITIONS OF EMPLOYMENT IN THE UNITED
NATIONS AND ITS SPECIALIZED AGENCIES.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall submit to the appropriate congressional committees
a report containing a plan that provides for--
(1) proposals to reverse the decline in recent years in funding
and personnel resources devoted to the placement of United States
citizens in positions within the United Nations system;
(2) steps to intensify coordinated, high-level diplomatic
efforts to place United States citizens in senior posts in the
United Nations Secretariat and the specialized agencies of the
United Nations; and
(3) appropriate mechanisms to address the underrepresentation,
relative to the United States share of assessed contributions to
the United Nations, of United States citizens in junior positions
within the United Nations and its specialized agencies.
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
SEC. 501. MODIFICATION OF LIMITATION ON GRANT AMOUNTS TO RFE/RL,
INCORPORATED.
Section 308(c) of the United States International Broadcasting Act
of 1994 (22 U.S.C. 6207(c)) is amended to read as follows:
``(c) The total amount of grants made for the operating costs of
RFE/RL, Incorporated, may not exceed $85,000,000 in fiscal year
2003.''.
SEC. 502. PAY PARITY FOR SENIOR EXECUTIVES OF RFE/RL, INCORPORATED.
Section 308(h)(1) of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6207(h)(1)) is amended--
(1) by adding at the end 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 three 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. 503. AUTHORITY TO CONTRACT FOR LOCAL BROADCASTING SERVICES OUTSIDE
THE UNITED STATES.
Section 802(b)(4) of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1472(b)(4)) is amended--
(1) by inserting before the period the following: ``and is
authorized to enter into contracts for periods not to exceed ten
years to acquire local broadcasting services outside the United
States''; and
(2) by striking ``United States Information Agency'' and
inserting ``Broadcasting Board of Governors''.
SEC. 504. PERSONAL SERVICES CONTRACTING PILOT PROGRAM.
(a) In General.--The Director of the International Broadcasting
Bureau (in this section referred to as the ``Director'') may establish
a pilot program (in this section referred to as the ``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 broadcast needs or to augment broadcast
services.
(b) Conditions.--The Director is authorized to use the authority of
subsection (a) subject to the following conditions:
(1) The Director determines that existing personnel resources
are insufficient and the need is not of permanent duration.
(2) The Director approves each employment of a personal
services contractor.
(3) The contract length, including options, may not exceed 2
years, unless the Director makes a finding that exceptional
circumstances justify an extension of up to one additional year.
(4) Not more than a total of 60 United States citizens or
aliens are employed at any one time as personal services
contractors under the 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. 505. TRAVEL BY VOICE OF AMERICA CORRESPONDENTS.
(a) Exemption From Responsibilities of the Secretary.--Section
103(a)(1)(A) of the Omnibus Diplomatic Security and Antiterrorism Act
of 1986 (22 U.S.C. 4802(a)(1)(A)) is amended in the parenthetical
clause by inserting ``Voice of America correspondents on official
assignment and'' after ``other than''.
(b) Exemption From Chief of Mission Responsibilities.--Section 207
of the Foreign Service Act of 1980 (22 U.S.C. 3927) is amended--
(1) in the parenthetical clause in subsection (a)(1), by
inserting ``Voice of America correspondents on official assignment
and'' after ``except for'';
(2) in the parenthetical clause in subsection (a)(2), by
inserting ``Voice of America correspondents on official assignment
and'' after ``except for''; and
(3) in the parenthetical clause in subsection (b), by inserting
``Voice of America correspondents on official assignment and''
after ``except for''.
SEC. 506. REPORT ON BROADCASTING PERSONNEL.
Not later than 120 days after the date of the enactment of this
Act, the Broadcasting Board of Governors shall submit to the
appropriate congressional committees a report regarding senior
personnel of the United States Broadcasting Board of Governors and
efforts to diversify the workforce. The report shall include the
following information, reported separately, for the International
Broadcasting Bureau, RFE/RL, Incorporated, and Radio Free Asia:
(1) A list of all personnel positions at or 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. 507. CONFORMING AMENDMENTS.
The United States International Broadcasting Act of 1994 (22
U.S.C.6201 et seq.) is amended--
(1) in section 305(a)(4) (22 U.S.C. 6204(a)(4)), by striking
``annually,,'' and inserting ``annually,''; and
(2) in section 313(a) (22 U.S.C. 6212(a)), in the text above
paragraph (1), by striking ``the direction and''.
TITLE VI--MISCELLANEOUS PROVISIONS
Subtitle A--Middle East Peace Commitments Act of 2002
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ``Middle East Peace Commitments
Act of 2002''.
SEC. 602. FINDINGS.
Congress makes the following findings:
(1) In 1993, the Palestine Liberation Organization (in this
subtitle referred to as the ``PLO'') made the following commitments
in an exchange of letters with the Prime Minister of Israel:
(A) Recognition of the right of the State of Israel to
exist in peace and security.
(B) Acceptance of United Nations Security Council
Resolutions 242 and 338.
(C) Resolution of all outstanding issues in the conflict
between the two sides through negotiations and exclusively
peaceful means.
(D) Renunciation of the use of terrorism and all other acts
of violence and responsibility over all PLO elements and
personnel in order to assure their compliance, prevent
violations, and discipline violators.
(2) The Palestinian Authority, the governing body of autonomous
Palestinian territories, was created as a result of agreements
between the PLO and the State of Israel that are a direct outgrowth
of the commitments made in 1993.
(3) Congress has provided authorities to the President to
suspend certain statutory restrictions relating to the PLO, subject
to Presidential certifications that the PLO has continued to abide
by commitments made.
SEC. 603. REPORTS.
(a) In General.--The President shall, at the times specified in
subsection (b), transmit to the appropriate congressional committees a
report on compliance by the PLO or the Palestinian Authority, as
appropriate, with each of the commitments specified in section 602(1).
The report shall include, with respect to each such commitment, the
determination of the President as to whether or not the PLO or the
Palestinian Authority, as appropriate, has complied with that
commitment during the period since the submission of the preceding
report or, in the case of the initial report, during the preceding six-
month period. In the event that the President imposed one or more
sanctions under section 604 during the period covered by the report,
the report shall include a description of each such sanction imposed.
(b) Transmission.--The initial report required under subsection (a)
shall be transmitted not later than 60 days after the date of enactment
of this Act. Each subsequent report shall be submitted on the date on
which the President is next required to submit a report under the
P.L.O. Commitments Compliance Act of 1989 (title VIII of Public Law
101-246) and may be combined with such report.
SEC. 604. IMPOSITION OF SANCTIONS.
(a) In General.--If, in any report transmitted pursuant to section
603, the President determines that the PLO or the Palestinian
Authority, as appropriate, has not complied with each of the
commitments specified in section 602(1), or if the President fails to
make a determination with respect to such compliance, the President
shall, for a period of time not less than the period described in
subsection (b), impose one or more of the following sanctions:
(1) Denial of visas to plo and palestinian authority
officials.--The Secretary shall direct consular officers not to
issue a visa to any member of the PLO or any official of the
Palestinian Authority.
(2) Downgrade in status of plo office in the united states.--
Notwithstanding any other provision of law, the President shall
withdraw or terminate any waiver by the President of the
requirements of section 1003 of the Foreign Relations Authorization
Act of 1988 and 1989 (22 U.S.C. 5202) (prohibiting the
establishment or maintenance of a Palestinian information office in
the United States), and such section shall apply so as to prohibit
the operation of a PLO or Palestinian Authority office in the
United States from carrying out any function other than those
functions carried out by the Palestinian information office in
existence prior to the Oslo Accords.
(3) Designation as a foreign terrorist organization.--The
Secretary shall designate the PLO, or one or more of its
constituent groups (including Fatah and Tanzim) or groups operating
as arms of the Palestinian Authority (including Force 17), as a
foreign terrorist organization, in accordance with section 219(a)
of the Immigration and Nationality Act.
(4) Prohibition on united states assistance to the west bank
and gaza.--United States assistance (except humanitarian
assistance) may not be provided to programs or projects in the West
Bank or Gaza.
(b) Duration of Sanctions.--The period of time referred to in
subsection (a) is the period of time commencing on the date that the
report pursuant to section 603 was transmitted and ending on the later
of--
(1) the date that is 180 days after such date; or
(2) the date that the next report under section 603 is required
to be transmitted.
(c) Waiver Authority.--The President may waive any sanction imposed
under subsection (a) if the President determines that such a waiver is
in the national security interest of the United States. The President
shall report such a determination to the appropriate congressional
committees.
Subtitle B--Tibet Policy
SEC. 611. SHORT TITLE.
This subtitle may be cited as ``Tibetan Policy Act of 2002''.
SEC. 612. STATEMENT OF PURPOSE.
The purpose of this subtitle is to support the aspirations of the
Tibetan people to safeguard their distinct identity.
SEC. 613. TIBET NEGOTIATIONS.
(a) Policy.--
(1) In general.--The President and the Secretary should
encourage the Government of the People's Republic of China to enter
into a dialogue with the Dalai Lama or his representatives leading
to a negotiated agreement on Tibet.
(2) Compliance.--After such an agreement is reached, the
President and the Secretary should work to ensure compliance with
the agreement.
(b) Periodic Reports.--Not later than 180 days after the date of
the enactment of this Act, and every 12 months thereafter, the
President shall transmit to the appropriate congressional committees a
report on--
(1) the steps taken by the President and the Secretary in
accordance with subsection (a)(1); and
(2) the status of any discussions between the People's Republic
of China and the Dalai Lama or his representatives.
SEC. 614. REPORTING ON TIBET.
Whenever a report is transmitted to Congress under section 116 or
502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151m, 2304) or
under section 102(b) of the International Religious Freedom Act of 1998
(22 U.S.C. 6412(b)), Tibet shall be included in such report as a
separate section.
SEC. 615. CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC
OF CHINA.
Section 302(h) of the U.S.-China Relations Act of 2000 (Public Law
106-286), relating to the Congressional-Executive Commission on the
People's Republic of China, is amended--
(1) by striking ``shall include specific information'' and
inserting the following: ``shall include--
``(1) specific information'';
(2) by striking the period at the end and inserting ``; and'';
and
(3) by adding at the end the following:
``(2) a description of the status of negotiations between the
Government of the People's Republic of China and the Dalai Lama or
his representatives, and measures taken to safeguard Tibet's
distinct historical, religious, cultural, and linguistic identity
and the protection of human rights.''.
SEC. 616. ECONOMIC DEVELOPMENT IN TIBET.
(a) Declarations of Policy.--It is the policy of the United States
to support economic development, cultural preservation, health care,
and education and environmental sustainability for Tibetans inside
Tibet. In support of this policy, the United States shall use its voice
and vote to support projects designed in accordance with the principles
contained in subsection (d) that are designed to raise the standard of
living for the Tibetan people and assist Tibetans to become self-
sufficient.
(b) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
United States to support projects in Tibet, if the projects are
designed in accordance with the principles contained in subsection (d).
(c) Export-Import Bank and TDA.--The Export-Import Bank of the
United States and the Trade and Development Agency should support
projects proposed to be funded or otherwise supported by such entities
in Tibet, if the projects are designed in accordance with the
principles contained in subsection (d).
(d) Tibet Project Principles.--Projects in Tibet supported by
international financial institutions, other international
organizations, nongovernmental organizations, and the United States
entities referred to in subsection (c), should--
(1) be implemented only after conducting a thorough assessment
of the needs of the Tibetan people through field visits and
interviews;
(2) be preceded by cultural and environmental impact
assessments;
(3) foster self-sufficiency and self-reliance of Tibetans;
(4) promote accountability of the development agencies to the
Tibetan people and active participation of Tibetans in all project
stages;
(5) respect Tibetan culture, traditions, and the Tibetan
knowledge and wisdom about their landscape and survival techniques;
(6) be subject to on-site monitoring by the development
agencies to ensure that the intended target group benefits;
(7) be implemented by development agencies prepared to use
Tibetan as the working language of the projects;
(8) neither provide incentive for, nor facilitate the migration
and settlement of, non-Tibetans into Tibet; and
(9) neither provide incentive for, nor facilitate the transfer
of ownership of, Tibetan land or natural resources to non-Tibetans.
SEC. 617. RELEASE OF PRISONERS AND ACCESS TO PRISONS.
The President and the Secretary, in meetings with representatives
of the Government of the People's Republic of China, should--
(1) request the immediate and unconditional release of all
those held prisoner for expressing their political or religious
views in Tibet;
(2) seek access for international humanitarian organizations to
prisoners in Tibet to ensure that prisoners are not being
mistreated and are receiving necessary medical care; and
(3) seek the immediate medical parole of Tibetan prisoners
known to be in serious ill health.
SEC. 618. ESTABLISHMENT OF A UNITED STATES BRANCH OFFICE IN LHASA,
TIBET.
The Secretary should make best efforts to establish an office in
Lhasa, Tibet, to monitor political, economic, and cultural developments
in Tibet.
SEC. 619. REQUIREMENT FOR TIBETAN LANGUAGE TRAINING.
The Secretary 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 a
United States post in the People's Republic of China responsible for
monitoring developments in Tibet.
SEC. 620. RELIGIOUS PERSECUTION IN TIBET.
(a) High-Level Contacts.--Pursuant to section 105 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6414), the
United States Ambassador to the People's Republic of China should--
(1) meet with the 11th Panchen Lama, who was taken from his
home on May 17, 1995, and otherwise ascertain information
concerning his whereabouts and well-being; and
(2) request that the Government of the People's Republic of
China release the 11th Panchen Lama and allow him to pursue his
religious studies without interference and according to tradition.
(b) Promotion of Increased Advocacy.--Pursuant to section 108(a) of
the International Religious Freedom Act of 1998 (22 U.S.C. 6417(a)), it
is the sense of Congress that representatives of the United States
Government in exchanges with officials of the Government of the
People's Republic of China should call for and otherwise promote the
cessation of all interference by the Government of the People's
Republic of China or the Communist Party in the religious affairs of
the Tibetan people.
SEC. 621. UNITED STATES SPECIAL COORDINATOR FOR TIBETAN ISSUES.
(a) United States Special Coordinator for Tibetan Issues.--There
shall be within the Department a United States Special Coordinator for
Tibetan Issues (in this section referred to as the ``Special
Coordinator'').
(b) Consultation.--The Secretary shall consult with the chairmen
and ranking minority members of the appropriate congressional
committees 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.
Subtitle C--East Timor Transition to Independence Act of 2002
SEC. 631. SHORT TITLE.
This subtitle may be cited as the ``East Timor Transition to
Independence Act of 2002''.
SEC. 632. 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;
(6) support political party development, voter education, voter
registration, and other activities in support of free and fair
elections in East Timor; and
(7) promote the development of the rule of law.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to the
President to carry out this section $25,000,000 for the fiscal year
2003.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are authorized
to remain available until expended.
SEC. 633. MULTILATERAL ASSISTANCE.
The Secretary of the Treasury shall instruct the United States
executive director at each international financial institution to which
the United States is a member to use the voice, vote, and influence of
the United States to support economic and democratic development in
East Timor.
SEC. 634. TRADE AND INVESTMENT ASSISTANCE.
(a) OPIC.--The President should initiate negotiations with the
Government of East Timor 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 2003.
(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. 635. GENERALIZED SYSTEM OF PREFERENCES.
As soon as possible after the enactment of this Act, the United
States Trade Representative and the Commissioner of Customs should send
an assessment team to East Timor to compile a list of duty-free
eligible products so that the Government of East Timor can begin the
process of applying for General System of Preference benefits.
SEC. 636. AUTHORITY FOR RADIO BROADCASTING.
The Broadcasting Board of Governors should broadcast to East Timor
in an appropriate language or languages.
SEC. 637. 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 180 days after the date of the
enactment of this Act, the President shall transmit to the
appropriate congressional committees 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)(2), 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. 638. REPORTING REQUIREMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and every 12 months thereafter for the next five
years, the Secretary shall prepare and transmit to the appropriate
congressional committees a report that contains the information
described in subsection (b).
(b) Information.--The report required by subsection (a) shall
include--
(1) developments in East Timor's political and economic
situation in the period covered by the report, including an
evaluation of any elections which have occurred in East Timor and
the refugee reintegration process in East Timor;
(2) in the initial report, a 3-year plan for United States
foreign assistance to East Timor in accordance with section 632,
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 3-year period;
(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 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, or the Trade and Development Agency during the
period of time since the previous report;
(5) a comprehensive study and report on 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
(6) statistical data drawn from other sources on economic
growth, health, education, and distribution of resources in East
Timor.
Subtitle D--Clean Water for the Americas Partnership
SEC. 641. SHORT TITLE.
This subtitle may be cited as the ``Clean Water for the Americas
Partnership Act of 2002''.
SEC. 642. DEFINITIONS.
In this subtitle:
(1) Joint project.--The term ``joint project'' means a project
between a United States association or nonprofit entity and a Latin
American or Caribbean association or nongovernmental organization.
(2) Latin american or caribbean nongovernmental organization.--
The term ``Latin American or Caribbean nongovernmental
organization'' includes any institution of higher education, any
private nonprofit entity involved in international education
activities, or any research institute or other research
organization, based in the region.
(3) Region.--The term ``region'' refers to the region comprised
of the member countries of the Organization of American States
(other than the United States and Canada).
(4) United states association.--The term ``United States
association'' means a business league described in section
501(c)(6) of the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(6)), and exempt from taxation under section 501(a) of such
Code (26 U.S.C. 501(a)).
(5) United states nonprofit entity.--The term ``United States
nonprofit entity'' includes any institution of higher education (as
defined in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)), any private nonprofit entity involved in
international education activities, or any research institute or
other research organization, based in the United States.
SEC. 643. ESTABLISHMENT OF PROGRAM.
The President is authorized to establish a program which shall be
known as the ``Clean Water for the Americas Partnership''.
SEC. 644. ENVIRONMENTAL ASSESSMENT.
The President is authorized to conduct a comprehensive assessment
of the environmental problems in the region to determine--
(1) which environmental problems threaten human health the
most, particularly the health of the urban poor;
(2) which environmental problems are most threatening, in the
long-term, to the region's natural resources;
(3) which countries have the most pressing environmental
problems; and
(4) whether and to what extent there is a market for United
States environmental technology, practices, knowledge, and
innovations in the region.
SEC. 645. ESTABLISHMENT OF TECHNOLOGY AMERICA CENTERS.
(a) Authority To Establish.--The President, acting through the
Director General of the United States and Foreign Commercial Service of
the Department of Commerce, is authorized to establish Technology
America Centers (TEAMs) in the region to serve the entire region and,
where appropriate, to establish TEAMs in urban areas of the region to
focus on urban environmental problems.
(b) Functions.--The TEAMs would link United States private sector
environmental technology firms with local partners, both public and
private, by providing logistic and information support to United States
firms seeking to find local partners and opportunities for
environmental projects. TEAMs should emphasize assisting United States
small businesses.
(c) Location.--In determining whether to locate a TEAM in a
country, the President, acting through the Director General of the
United States and Foreign Commercial Service of the Department of
Commerce, shall take into account the country's need for logistic and
informational support and the opportunities presented for United States
firms in the country. A TEAM may be located in a country without regard
to whether a mission of the United States Agency for International
Development is established in that country.
SEC. 646. PROMOTION OF WATER QUALITY, WATER TREATMENT SYSTEMS, AND
ENERGY EFFICIENCY.
Subject to the availability of appropriations, the President is
authorized to provide matching grants to United States associations and
United States nonprofit entities for the purpose of promoting water
quality, water treatment systems, and energy efficiency in the region.
The grants shall be used to support joint projects, including
professional exchanges, academic fellowships, training programs in the
United States or in the region, cooperation in regulatory review,
development of training materials, the establishment and development in
the region of local chapters of the associations or nonprofit entities,
and the development of online exchanges.
SEC. 647. GRANTS FOR PREFEASIBILITY STUDIES WITHIN A DESIGNATED
SUBREGION.
(a) Grant Authority.--
(1) In general.--Subject to the availability of appropriations,
the Director of the Trade and Development Agency is authorized to
make grants for prefeasibility studies for water projects in any
country within a single subregion or in a single country designated
under paragraph (2).
(2) Designation of subregion.--The Director of the Trade and
Development Agency shall designate in advance a single subregion or
a single country for purposes of paragraph (1).
(b) Matching Requirement.--The Director of the Trade and
Development Agency may not make any grant under this section unless
there are made available non-Federal contributions in an amount equal
to not less than 25 percent of the amount of Federal funds provided
under the grant.
(c) Limitation Per Single Project.--With respect to any single
project, grant funds under this section shall be available only for the
prefeasibility portion of that project.
(d) Definitions.--In this section:
(1) Prefeasibility.--The term ``prefeasibility'' means, with
respect to a project, not more than 25 percent of the design phase
of the project.
(2) Subregion.--The term ``subregion'' means an area within the
region and includes areas such as Central America, the Andean
region, and the Southern cone.
SEC. 648. CLEAN WATER TECHNICAL SUPPORT COMMITTEE.
(a) In General.--The President is authorized to establish a Clean
Water Technical Support Committee (in this section referred to as the
``Committee'') to provide technical support and training services for
individual water projects.
(b) Composition.--The Committee shall consist of international
investors, lenders, water service providers, suppliers, advisers, and
others with a direct interest in accelerating development of water
projects in the region.
(c) Functions.--Members of the Committee shall act as field
advisers and may form specialized working groups to provide in-country
training and technical assistance, and shall serve as a source of
technical support to resolve barriers to project development.
SEC. 649. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
President $10,000,000 for each of the fiscal years 2003, 2004, and 2005
to carry out this subtitle.
(b) Availability of Funds.--Funds appropriated pursuant to
subsection (a) are authorized to remain available until expended.
SEC. 650. REPORT.
Eighteen months after the establishment of the program pursuant to
section 643, the President shall submit a report to the appropriate
congressional committees containing--
(1) an assessment of the progress made in carrying out the
program established under this subtitle; and
(2) any recommendations for the enactment of legislation to
make changes in the program established under this subtitle.
SEC. 651. TERMINATION DATE.
(a) In General.--Except as provided in subsection (b), the
authorities of this subtitle shall terminate 3 years after the date of
establishment of the program described in section 643.
(b) Exception.--In lieu of the termination date specified in
subsection (a), the termination required by that subsection shall take
effect five years after the date of establishment of the program
described in section 643 if, prior to the termination date specified in
subsection (a), the President determines and certifies to the
appropriate congressional committees that it would be in the national
interest of the United States to continue the program described in such
section 643 for an additional 2-year period.
SEC. 652. EFFECTIVE DATE.
This subtitle shall take effect 90 days after the date of enactment
of this Act.
Subtitle E--Freedom Investment Act of 2002
SEC. 661. SHORT TITLE.
This subtitle may be cited as the ``Freedom Investment Act of
2002''.
SEC. 662. PURPOSES.
The purposes of this subtitle are the following:
(1) To underscore that promoting and protecting human rights is
in the national interests of the United States and is consistent
with American values and beliefs.
(2) To establish a goal of devoting one percent of the funds
available to the Department under ``Diplomatic and Consular
Programs'', other than such funds that will be made available for
worldwide security upgrades and information resource management, to
enhance the ability of the United States to promote respect for
human rights and the protection of human rights defenders.
SEC. 663. HUMAN RIGHTS ACTIVITIES AT THE DEPARTMENT OF STATE.
(a) Increasing Resources and Importance of Human Rights.--It is the
sense of Congress that--
(1) the budget for the Bureau of Democracy, Human Rights, and
Labor for fiscal years 2003 and 2004 should be substantially
increased so that beginning in fiscal year 2005, and each fiscal
year thereafter, not less than 1 percent of the amounts made
available to the Department under the heading ``Diplomatic and
Consular Programs'', other than amounts made available for
worldwide security upgrades and information resource management,
should be made available for salaries and expenses of the Bureau of
Democracy, Human Rights, and Labor; and
(2) any assignment of an individual to a political officer
position at a United States mission abroad that has the primary
responsibility for monitoring human rights developments in a
foreign country should be made upon the recommendation of the
Assistant Secretary of State for Democracy, Human Rights, and Labor
in conjunction with the head of the Department's regional bureau
having primary responsibility for that country.
(b) Plan Related to Human Rights Activities.--Not later than 180
days after the date of enactment of this Act, the Secretary shall
submit to the appropriate congressional committees a report containing
a plan for the Department designed to achieve the following objectives:
(1) Improving the integration of human rights policy into the
Department's overall policy formulation and implementation.
(2) Achieving closer communication and policy coordination
between the Bureau of Democracy, Human Rights, and Labor and the
regional bureaus of the Department, both within the United States
and at overseas posts.
(3) Assigning individuals recommended by the Bureau of
Democracy, Human Rights, and Labor, in conjunction with the
relevant Department regional bureau, to political officer positions
at United States missions abroad that have the primary
responsibility for monitoring human rights developments in foreign
countries.
SEC. 664. HUMAN RIGHTS AND DEMOCRACY FUND.
(a) Establishment of Fund.--There is established a Human Rights and
Democracy Fund (in this section referred to as the ``Fund'') to be
administered by the Assistant Secretary of State for Democracy, Human
Rights, and Labor.
(b) Purposes of Fund.--The purposes of the Fund shall be--
(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 foreign countries;
and
(5) to carry out such other related activities as are
consistent with paragraphs (1) through (4).
(c) Funding.--
(1) In general.--Of the amounts made available to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961 for
fiscal year 2003, $21,500,000 is authorized to be available to the
Fund for carrying out the purposes described in subsection (b).
Amounts made available to the Fund under this paragraph shall also
be deemed to have been made available under section 116(e) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(e)).
(2) Allocation of funds for the documentation center of
cambodia.--Of the amount authorized to be available to the Fund
under paragraph (1) for fiscal year 2003, $1,000,000 is authorized
to be available for the Documentation Center of Cambodia for the
purpose of collecting, cataloguing, and disseminating information
about the atrocities committed by the Khmer Rouge against the
Cambodian people.
(3) Father john kaiser memorial fund.--Of the amount authorized
to be available to the Fund under paragraph (1) for fiscal year
2003, $500,000 is authorized to be available to advance the
extraordinary work and values of Father John Kaiser with respect to
solving ethnic conflict and promoting government accountability and
respect for human rights. The amount made available under this
paragraph may be referred to as the ``Father John Kaiser Memorial
Fund''.
SEC. 665. 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 the report
indicates 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
fourth sentence the following: ``Such report shall also include, for
each country with respect to which the report indicates 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.''.
(c) Separate Report.--The information to be included in the report
required by sections 116(d) and 502B(b) of the Foreign Assistance Act
of 1961 pursuant to the amendments made by subsections (a) and (b) may
be submitted by the Secretary as a separate report. If the Secretary
elects to submit such information as a separate report, such report
shall be submitted not later than 30 days after the date of submission
of the report required by section 116(d) and 502B(b) of the Foreign
Assistance Act of 1961.
Subtitle F--Elimination and Streamlining of Reporting Requirements
SEC. 671. ELIMINATION OF CERTAIN REPORTING REQUIREMENTS.
The following provisions of law are hereby repealed:
(1) Economic policy and trade practices.--Section 2202 of the
Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4711).
(2) Annual reports on economic and social growth.--Section 574
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1996 (22 U.S.C. 2394 note).
(3) Reporting requirements regarding certain leases of real
property.--Section 488(a)(3) of the Foreign Assistance Act of 1961
(22 U.S.C. 2291g(3); relating to reporting requirements regarding
certain leases of real property).
(4) Reporting requirements regarding placement of senior
foreign service personnel.--Section 324 of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal
Years 2000 and 2001 (section 324 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-437).
SEC. 672. BIENNIAL REPORTS ON PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.
(a) Conversion of annual reports to biennial reports.--Section
133(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2152c(d)) is
amended--
(1) in the subsection heading, by striking ``Annual Report''
and inserting ``Biennial Reports''; and
(2) in paragraph (1)--
(A) in the text above subparagraph (A), by striking ``an
annual report'' and inserting ``a biennial report'';
(B) in subparagraph (A), by striking ``prior year'' and
inserting ``preceding two-year period''; and
(C) in subparagraph (B), by striking ``prior year'' and
inserting ``preceding two-year period''.
(b) Transition.--The first biennial report under section 133(d) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2152c(d)), as amended by
subsection (a), is required to be submitted not later than two years
after the date of submission of the last annual report required under
such section 133 (as in effect before the date of enactment of this
Act).
Subtitle G--Other Matters
SEC. 681. AMENDMENTS TO THE INTERNATIONAL RELIGIOUS FREEDOM ACT OF
1998.
(a) Violations of Religious Freedom.--Section 102(b)(1)(B) of the
International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)(B))
is amended by inserting ``including policies that discriminate against
particular religious groups or members of such groups,'' after ``the
existence of government policies violating religious freedom,''.
(b) 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.--
``(A) In general.--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.
``(B) Presidential appointments.--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.
``(C) Appointments by the president pro tempore of the
senate.--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.
``(D) Appointments by the speaker of the house of
representatives.--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.
``(E) Appointments to 1-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.
``(F) Appointments to 2-year terms.--Each appointment of a
member to a two-year term shall identify the member succeeded
thereby, and each such term shall end on May 14 of the year
that is at least two years after the expiration of the previous
term, regardless of the date of the appointment to the
Commission.''.
(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) 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.''.
(e) Authorizations of Appropriations.--Section 207(a) of such Act
(22 U.S.C. 6435(a)) is amended by inserting ``for the fiscal year
2003'' after ``$3,000,000''.
(f) Procurement of Nongovernmental Services.--The third sentence of
section 208(c)(1) of such Act (22 U.S.C. 6435a(c)(1)) is amended to
read as follows: ``The Commission may procure temporary and
intermittent services under the authority of section 3109(b) of title
5, United States Code, except that the Commission may not expend more
than $100,000 in any fiscal year to procure such services.''.
(g) Revised Termination Date of Commission.--Section 209 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6436) is amended
by striking ``May 14, 2003'' and inserting ``September 30, 2011''.
SEC. 682. 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 (22
U.S.C. 7105(a)(1)) 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.
``(D) The safe integration or 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 developing or increasing programs to
assist families of victims in locating, repatriating, and
treating their trafficked family members, in assisting the
voluntary repatriation of these family members or their
integration or resettlement into appropriate communities, and
in providing them with treatment.''.
(b) Authorization of Appropriations.--Section 113 of the Victims of
Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7110) 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)--
(i) by striking ``there are authorized to be
appropriated to the Secretary of State'' and inserting
``there is authorized to be appropriated to the Secretary
of State for each of the fiscal years 2001, 2002, and
2003''; and
(ii) by striking ``for fiscal year 2001'' and inserting
``for such fiscal year''; 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. 683. 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(d)), as amended by
section 665(a) of this Act, is further amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10)(A) wherever applicable, a description of the nature and
extent--
``(i) of the compulsory 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) that such individuals take a direct part in
hostilities;
``(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 such
government of individuals under the age of 18 as soldiers, as
determined to be appropriate by the Secretary.''.
(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 compulsory 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
nature and extent that such individuals take a direct part in
hostilities, (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 such government of individuals under the age of
18 as soldiers, as determined to be appropriate by the Secretary of
State.''.
SEC. 684. EXTENSION OF AUTHORITY FOR CAUCUS ON INTERNATIONAL NARCOTICS
CONTROL.
Section 814(i) of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (Public Law 99-93) is amended by striking ``2002''
and inserting ``2005''.
SEC. 685. PARTICIPATION OF SOUTH ASIAN COUNTRIES IN INTERNATIONAL LAW
ENFORCEMENT.
The Secretary 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. 686. 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 striking ``or July 27, 2000'' and inserting ``June 6,
2000, July 27, 2000, or January 16, 2002''.
SEC. 687. REPORTS ON PARTICIPATION BY SMALL BUSINESSES IN PROCUREMENT
CONTRACTS OF USAID.
(a) 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) For each of the fiscal years 2000, 2001, and 2002:
(A) The total number of the contracts that were awarded by
the Agency to--
(i) all small businesses;
(ii) small business concerns owned and controlled by
socially and economically disadvantaged individuals;
(iii) small business concerns owned and controlled by
women;
(iv) small businesses participating in the program
under section 8(a) of such Act (15 U.S.C. 637(a)); and
(v) qualified HUBZone small business concerns.
(B) The percentage of all contracts awarded by the Agency
that were awarded to the small businesses in each category of
small businesses specified in clauses (i) through (v) of
subparagraph (A), as computed on the basis of dollar amounts.
(C) Of all contracts awarded by the Agency for performance
in the United States, the percentage of the contracts that were
awarded to the small businesses in each category of small
businesses specified in clauses (i) through (v) of subparagraph
(A), as computed on the basis of dollar amounts.
(D) To the extent available--
(i) the total number of grant and cooperative
agreements that were made by the Agency to the small
businesses in each category of small businesses specified
in clauses (i) through (v) of subparagraph (A);
(ii) the percentage of all grant and cooperative
agreements awarded by the Agency that were awarded to small
businesses in each category of small businesses specified
in clauses (i) through (v) of subparagraph (A), as computed
on the basis of dollar amounts; and
(iii) of all grant and cooperative agreements made by
the Agency to entities in the United States, the percentage
of the grant and cooperative agreements that were awarded
to small businesses in each category of small businesses
specified in clauses (i) through (v) of subparagraph (A),
as computed on the basis of dollar amounts.
(E) To the extent available--
(i) the total dollar amount of all subcontracts entered
into with the small businesses in each category specified
in clauses (i) through (v) of subparagraph (A) by the prime
contractors for contracts entered into by the Agency; and
(ii) the percentage of all contracts entered into by
the Agency that were performed under subcontracts described
in clause (i), as computed on the basis of dollar amounts.
(2) An analysis of any specific industries or sectors that are
underrepresented by small businesses in the awarding of contracts
by the Agency and, to the extent such information is available,
such analysis pertaining to the making of grants and cooperative
agreements by the Agency.
(3) A specific plan of outreach, including measurable
achievement milestones, to increase the total number of contracts
that are awarded by the Agency, and the percentage of all contracts
awarded by the Agency (computed on the basis of dollar amount) that
are awarded, to--
(A) all small businesses;
(B) small business concerns owned and controlled by
socially and economically disadvantaged individuals;
(C) small business concerns owned and controlled by women;
(D) small businesses participating in the program under
section 8(a) of such Act (15 U.S.C. 637(a)); and
(E) qualified HUBZone small business concerns,
in order to meet the statutory and voluntary targets established by
the Agency and the Small Business Administration, with a particular
focus on the industries or sectors identified in paragraph (2).
(4) Any other information the Administrator determines
appropriate.
(b) Plan To Increase Small Business Contracting.--The plan required
for the report under subsection (a)(3) shall include the following
matters:
(1) Proposals and milestones that apply to all contracts
entered into by or on behalf of the Agency in Washington, D.C., and
proposals and milestones that apply to all contracts entered into
by or on behalf of the Agency by offices outside Washington, D.C.
(2) Proposals and milestones of the Agency to increase the
amount of subcontracting to businesses described in such subsection
(a)(3) by the prime contractors of the Agency.
(3) With the milestones described in paragraph (2), a
description of how the Administrator plans to use the failure of a
prime contractor to meet goals as a ranking factor for evaluating
any other submission from the contractor for future contracts by
the Agency.
(c) Annual Reports.--Not later than January 31, 2004, January 31,
2005, and January 31, 2006, the Administrator shall submit to the
designated congressional committees a report for the preceding fiscal
year that contains a description of the percentage of total contract
and grant and cooperative agreement dollar amounts that were entered
into by the Agency, and the total number of contracts and grants and
cooperative agreements that were awarded by the Agency, to small
businesses in each category specified in clauses (i) through (v) of
subsection (a)(1)(A) during such fiscal year. The report for a fiscal
year shall include, separately stated for contracts and grant and
cooperative agreements entered into by the Agency, the percentage of
the contracts and grant and cooperative agreements, respectively, that
were awarded to small businesses in each such category, as computed on
the basis of dollar amounts. The report shall also include a
description of achievements toward measurable milestones for direct
contracts of the Agency entered into by offices outside of Washington,
D.C., and for subcontracting by prime contractors of the Agency.
(d) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Agency.--The term ``Agency'' means the United States Agency
for International Development.
(3) Designated congressional committees.--The term ``designated
congressional committees'' means--
(A) the Committee on International Relations and the
Committee on Small Business of the House of Representatives;
and
(B) the Committee on Foreign Relations and the Committee on
Small Business of the Senate.
SEC. 688. PROGRAM TO IMPROVE BUILDING CONSTRUCTION AND PRACTICES IN
LATIN AMERICAN COUNTRIES.
(a) In General.--The President, acting through the Administrator of
the United States Agency for International Development, is authorized,
under such terms and conditions as the President may determine, to
carry out a program to improve building construction codes and
practices in Ecuador, El Salvador, and other Latin American countries
(in this section referred to as the ``program'').
(b) Program Description.--
(1) In general.--The program shall be in the form of grants to,
or contracts with, organizations described in paragraph (2) to
support the following activities:
(A) Training.--Training of appropriate professionals in
Latin America from both the public and private sectors to
enhance their understanding of building and housing codes and
standards.
(B) Translation and distribution.--Translating and
distributing in the region detailed construction manuals, model
building codes, and publications from organizations described
in paragraph (2), including materials that address zoning,
egress, fire and life safety, plumbing, sewage, sanitation,
electrical installation, mechanical installation, structural
engineering, and seismic design.
(C) Other assistance.--Offering other relevant assistance
as needed, such as helping government officials develop seismic
micro-zonation maps or draft pertinent legislation, to
implement building codes and practices that will help improve
the resistance of buildings and housing in the region to
seismic activity and other natural disasters.
(2) Covered organizations.--Grants and contracts provided under
this section shall be carried out through United States
organizations with expertise in the areas described in paragraph
(1), including the American Society of Testing Materials, the
Underwriters Laboratories, the American Society of Mechanical
Engineers, the American Society of Civil Engineers, the American
Society of Heating, Refrigeration, and Air Conditioning Engineers,
the International Association of Plumbing and Mechanical Officials,
the International Code Council, and the National Fire Protection
Association.
SEC. 689. 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 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. 690. 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) Since 1949 the Magen David Adom Society 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, the only such national
organization denied membership in the Movement.
(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 Society in the International
Red Cross Movement.
SEC. 691. 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 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. 692. 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. 693. 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 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. 694. REPORTS ON ACTIVITIES IN COLOMBIA.
(a) Report on Reform Activities.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, and not later than April 1 of each year
thereafter, the Secretary 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 or the
Department of Defense in 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 12-month period.
(B) An estimated timetable for the conduct of such
activities in the subsequent 12-month period.
(C) An explanation of any delay in meeting timetables
contained in the previous report 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 Colombia by United States businesses that have
entered into agreements with the Department or the Department of
Defense 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 180 days after the date of the
enactment of this Act, and not later than April 1 of each year
thereafter, the Secretary shall submit to the appropriate
congressional committees a report on the activities of United
States businesses that have entered into agreements in the previous
12-month period with the Department or the Department of Defense to
carry out counternarcotics activities in 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 and
the Department of Defense to each such business for such
activities.
(C) A written statement justifying the decision by the
Department and the Department of Defense 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 person (including any corporation,
partnership, or other organization) that is subject to the
jurisdiction of the United States or organized under the laws of
the United States, but does not include any person (including any
corporation, partnership, or other organization) that performs
contracts involving personal services.
SEC. 695. REPORT ON UNITED STATES-SPONSORED ACTIVITIES IN COLOMBIA.
(a) Findings.--Congress makes the following findings:
(1) Heroin originating from Colombia is beginning to dominate
the illicit market of that narcotic in the United States partly
because law enforcement has struggled to interdict effectively what
is often voluminous importations of small quantities of Colombia's
inexpensive and pure heroin.
(2) 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 in the United States, according to Federal
law enforcement officials.
(3) 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.
(4) As a result of Plan Colombia-related activities, drug
traffickers, guerrillas, and paramilitary groups have made
incursions from Colombia into Ecuador, increasing the level of
violence and delinquency in the border region.
(b) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees which sets forth a statement of
policy and comprehensive strategy for United States activities in
Colombia related to--
(1) the eradication of all opium cultivation at its source in
Colombia; and
(2) the impact of Plan Colombia on Ecuador and the other
adjacent countries to Colombia.
SEC. 696. REPORT ON EXTRADITION POLICY AND PRACTICE.
Not later than May 1, 2003, the Secretary shall submit a report to
the appropriate congressional committees on extradition practice
between the United States and governments of foreign countries with
which the United States has an extradition relationship. The report
shall include--
(1) an aggregate list, by country, of--
(A) the number of extradition requests made by the United
States to that country in 2002; and
(B) the number of fugitives extradited by that country to
the United States in 2002;
(2) an aggregate list, by country, of--
(A) the number of extradition requests made by that country
to the United States in 2002; and
(B) the number of fugitives extradited by the United States
to that country in 2002;
(3) any other relevant information regarding difficulties the
United States has experienced in obtaining the extradition of
fugitives (including a discussion of the unwillingness of treaty
partners to extradite nationals or where fugitives may face capital
punishment or life imprisonment); and
(4) a summary of the Department's efforts in 2002 to negotiate
new or revised extradition treaties, and its agenda for such
negotiations in 2003.
SEC. 697. SPECIAL COURT FOR SIERRA LEONE.
(a) Finding.--Congress finds that prompt establishment of a Special
Court for Sierra Leone is an important step in restoring a credible
system of justice and accountability for the crimes committed in Sierra
Leone and would contribute to the process of national reconciliation in
that country.
(b) Sense of Congress.--It is the sense of Congress that the United
States should support the Truth and Reconciliation Commission in Sierra
Leone, including through assistance in the collection of human rights
data relevant to the Commission's work.
(c) Allocation of Funds.--Of the amounts made available to the
Department of State for fiscal year 2003, there is authorized to be
available $5,000,000 to support the Special Court for Sierra Leone.
(d) Extension of Rewards Program.--Section 102 of Public Law 105-
323, as amended (22 U.S.C. 2708 note), is further amended--
(1) in subsection (a), by inserting ``the Special Court of
Sierra Leone'' after ``by,''; and
(2) in subsection (c), by adding at the end the following new
paragraph:
``(3) For the purposes of subsection (a), the Statute of the
Special Court for Sierra Leone means the Statute contained in the Annex
to the Agreement Between the United Nations and the Government of
Sierra Leone on the Establishment of a Special Court for Sierra
Leone.''.
SEC. 698. UNITED STATES ENVOY FOR PEACE IN SUDAN.
There should continue to be a United States Envoy for Peace in
Sudan until the full implementation of a comprehensive settlement to
the conflict in Sudan that is acceptable to the parties to the
conflict.
SEC. 699. TRANSFER OF PROSCRIBED WEAPONS TO PERSONS OR ENTITIES IN THE
WEST BANK AND GAZA.
(a) Determination Regarding Transfers.--If the President
determines, based on a preponderance of the evidence, that a foreign
person or entity has knowingly transferred proscribed weapons to
Palestinian entities in the West Bank or Gaza, then, for the period
specified in subsection (b), no assistance may be provided to the
person or entity under part II of the Foreign Assistance Act of 1961
and no sales of defense articles or defense services may be made to the
person or entity under section 23 of the Arms Export Control Act.
(b) Duration of Prohibition.--The period referred to in subsection
(a) is the period commencing on the date on which a notification of a
determination under subsection (a) is submitted to the appropriate
congressional committees and ending on the date that is two years after
such date.
(c) Report.--In conjunction with the report required under title
VIII of the P.L.O. Commitments Compliance Act of 1989 (Public Law 101-
246), the President shall submit a report to the appropriate
congressional committees on transfers reviewed pursuant to subsection
(a).
(d) Definition.--In this section, the term ``proscribed weapons''
means arms, ammunition, and equipment the transfer of which is not in
compliance with the Agreement on the Gaza Strip and the Jericho Area of
May 4, 1994, its annexes, or subsequent agreements between Israel and
the PLO, or Palestinian Authority, as appropriate.
SEC. 700. SENSE OF CONGRESS RELATING TO ARSENIC CONTAMINATION IN
DRINKING WATER IN BANGLADESH.
(a) Findings.--Congress finds that--
(1) beginning in 1993, naturally occurring inorganic arsenic
contamination of water began to be confirmed in Bangladesh in tube-
wells installed in the 1970s, when standard water testing did not
include arsenic tests;
(2) because health effects of ingesting arsenic-contaminated
drinking water appear slowly, preventative measures are critical to
preventing future contamination in the Bangladeshi population; and
(3) health effects of exposure to arsenic include skin lesions,
skin cancer, and mortality from internal cancers.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary should--
(1) 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 in
Bangladesh, including drawing arsenic out of the existing tube-
wells and finding alternate sources of water; and
(2) submit a report to the appropriate congressional committees
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. 701. POLICING REFORM AND HUMAN RIGHTS IN NORTHERN IRELAND.
(a) Congressional Statement of Policy.--Congress--
(1) supports independent judicial public inquiries into the
murders of defense attorneys Patrick Finucane and Rosemary Nelson
as a way to instill confidence in the Police Service of Northern
Ireland; and
(2) continues to urge the United Kingdom to take appropriate
action to protect defense lawyers and human rights defenders in
Northern Ireland.
(b) Decommissioning Weapons.--Congress--
(1) calls on the Irish Republican Army to continue and complete
the decommissioning of all their arms and explosives; and
(2) calls for--
(A) the decommissioning of all weapons held by
paramilitaries on all sides, such as the Provisional Irish
Republican Army (PIRA), the Real Irish Republican Army (RIRA),
the Continuity Irish Republican Army (CIRA), the Loyalist
Volunteer Force (LVF), the Orange Volunteers (OV), the Red Hand
Defenders (RHD), the Ulster Defense Association/Ulster Freedom
Fighters (UDA/UFF), the Ulster Volunteer Force (UVF); and
(B) the immediate cessation of paramilitary punishment
attacks and exiling.
(c) Support for Global War on Terrorism.--Congress recognizes the
United Kingdom's commitment to support the United States in a global
war on terrorism.
(d) Report on Policing Reform and Human Rights in Northern
Ireland.--Not later than 60 days after the date of the enactment of
this Act, the President shall submit a report to the appropriate
congressional committees on the following:
(1) The extent to which the Governments of the United Kingdom
and Ireland have 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, including
the effectiveness of such procedures, in the new Police Service of
Northern Ireland.
(2) The status of the investigations into the murders of
Patrick Finucane, Rosemary Nelson, and Robert Hammill, including
the extent to which progress has been made on recommendations for
independent judicial public inquiries into these murders.
(3) All decommissioning acts taken to date by the Irish
Republican Army, including the quantity and precise character of
what the IRA decommissioned, as reported and verified by the
International Commission on Decommissioning.
(4) All acts of decommissioning taken by other paramilitary
organizations, including a description of all weapons and
explosives decommissioned.
(5) A description of the measures taken to ensure that the
programs described under subsection (e) comply with the
requirements of that subsection.
(e) Compliance With Prior Provisions.--Any training or exchange
program conducted by the Federal Bureau of Investigation or any other
Federal law enforcement agency for the Police Service of Northern
Ireland or its members shall--
(1) be necessary to improve the professionalism of policing in
Northern Ireland;
(2) be necessary to advance the peace process in Northern
Ireland;
(3) include in the curriculum a significant human rights
component; and
(4) only be provided to Police Service of Northern Ireland
(PSNI) members who have been subject to a vetting procedure
established by the Department and the Department of Justice to
ensure that such program does not include PSNI members who there
are substantial ground for believing have committed or condoned
violations of internationally recognized human rights, including
any role in the murder of Patrick Finucane or Rosemary Nelson or
other violence or serious threat of violence against defense
attorneys in Northern Ireland.
SEC. 702. ANNUAL REPORTS ON UNITED STATES-VIETNAM HUMAN RIGHTS DIALOGUE
MEETINGS.
Not later than December 31 of each year or 60 days after the second
United States-Vietnam human rights dialogue meeting held in a calendar
year, whichever is earlier, the Secretary shall submit to the
appropriate congressional committees a report covering the issues
discussed at the previous two meetings and describing to what extent
the Government of Vietnam has made progress during the calendar year
toward achieving the following objectives:
(1) Improving the Government of Vietnam's commercial and
criminal codes to bring them into conformity with international
standards, including the repeal of the Government of Vietnam's
administrative detention decree (Directive 31/CP).
(2) Releasing political and religious activists who have been
imprisoned or otherwise detained by the Government of Vietnam, and
ceasing surveillance and harassment of those who have been
released.
(3) Ending official restrictions on religious activity,
including implementing the recommendations of the United Nations
Special Rapporteur on Religious Intolerance.
(4) Promoting freedom for the press, including freedom of
movement of members of the Vietnamese and foreign press.
(5) Improving prison conditions and providing transparency in
the penal system of Vietnam, including implementing the
recommendations of the United Nations Working Group on Arbitrary
Detention.
(6) Respecting the basic rights of indigenous minority groups,
especially in the central and northern highlands of Vietnam.
(7) Respecting the basic rights of workers, including working
with the International Labor Organization to improve mechanisms for
promoting such rights.
(8) Cooperating with requests by the United States to obtain
full and free access to persons who may be eligible for admission
to the United States as refugees or immigrants, and allowing such
persons to leave Vietnam without being subjected to extortion or
other corrupt practices.
SEC. 703. SENSE OF CONGRESS REGARDING HUMAN RIGHTS VIOLATIONS IN
INDONESIA.
It is the sense of Congress that the Government of Indonesia
should--
(1) demonstrate substantial progress toward ending human rights
violations by the armed forces in Indonesia (TNI);
(2) terminate any TNI support for and cooperation with
terrorist organizations, including Laskar Jihad and militias
operating in the Malukus, Central Sulawesi, West Papua (Irian
Jaya), and elsewhere;
(3) investigate and prosecute those responsible for human
rights violations, including TNI officials, members of Laskar
Jihad, militias, and other terrorist organizations; and
(4) make concerted and demonstrable efforts to find and
prosecute those responsible for the murders of Papuan leader Theys
Elvay, Acehnse human rights advocate Jafar Siddiq Hamzah, and
United States citizens Edwin L. Burgon and Ricky L. Spier.
SEC. 704. 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 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 10,000,000,000 deutsche marks 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'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 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.
SEC. 705. SENSE OF CONGRESS ON RETURN OF PORTRAITS OF HOLOCAUST VICTIMS
TO THE ARTIST DINA BABBITT.
(a) Findings.--Congress finds that--
(1) Dina Babbitt (formerly known as Dinah Gottliebova), a
United States citizen has requested the return of watercolor
portraits she painted while suffering a 1\1/2\-year-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 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; and
(7) this continued injustice can be righted through cooperation
between agencies of the United States and Poland.
(b) Sense of Congress.--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 7 watercolor portraits Dina Babbitt painted, while
suffering a 1\1/2\-year-long internment at the Auschwitz death
camp, and return them to her;
(3) urges the Secretary to make immediate diplomatic efforts to
facilitate the transfer of the 7 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 7 original paintings to Dina Babbitt as
expeditiously as possible.
SEC. 706. INTERNATIONAL DRUG CONTROL CERTIFICATION PROCEDURES.
During any fiscal year, funds that would otherwise be withheld from
obligation or expenditure under section 490 of the Foreign Assistance
Act of 1961 may be obligated or expended beginning October 1 of such
fiscal year provided that:
(1) Report.--Not later than September 15 of the previous fiscal
year the President has submitted to the appropriate congressional
committees a report identifying each country determined by the
President to be a major drug transit country or major illicit drug
producing country as defined in section 481(e) of the Foreign
Assistance Act of 1961.
(2) Designation and justification.--In each report under
paragraph (1), the President shall also--
(A) designate each country, if any, identified in such
report that has failed demonstrably, during the previous 12
months, to make substantial efforts--
(i) to adhere to its obligations under international
counternarcotics agreements; and
(ii) to take the counternarcotics measures set forth in
section 489(a)(1) of the Foreign Assistance Act of 1961;
and
(B) include a justification for each country so designated.
(3) Limitation on assistance for designated countries.--In the
case of a country identified in a report under paragraph (1) that
is also designated under paragraph (2) in the report, United States
assistance may be provided to such country in the subsequent fiscal
year only if the President determines and reports to the
appropriate congressional committees that--
(A) provision of such assistance to the country in such
fiscal year is vital to the national interests of the United
States; or
(B) subsequent to the designation being made under
paragraph (2)(A), the country has made substantial efforts--
(i) to adhere to its obligations under international
counternarcotics agreements; and
(ii) to take the counternarcotics measures set forth in
section 489(a)(1) of the Foreign Assistance Act of 1961.
(4) International counternarcotics agreement defined.--In this
section, the term ``international counternarcotics agreement''
means--
(A) the United Nations Convention Against Illicit Traffic
in Narcotic Drugs and Psychotropic Substances; or
(B) any bilateral or multilateral agreement in force
between the United States and another country or countries that
addresses issues relating to the control of illicit drugs, such
as--
(i) the production, distribution, and interdiction of
illicit drugs;
(ii) demand reduction;
(iii) the activities of criminal organizations;
(iv) international legal cooperation among courts,
prosecutors, and law enforcement agencies (including the
exchange of information and evidence);
(v) the extradition of nationals and individuals
involved in drug-related criminal activity;
(vi) the temporary transfer for prosecution of
nationals and individuals involved in drug-related criminal
activity;
(vii) border security;
(viii) money laundering;
(ix) illicit firearms trafficking;
(x) corruption;
(xi) control of precursor chemicals;
(xii) asset forfeiture; and
(xiii) related training and technical assistance,
and includes, where appropriate, timetables and objective and
measurable standards to assess the progress made by participating
countries with respect to such issues.
(5) Application.--(A) Section 490 (a) through (h) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291j(a)-(h)) shall not
apply during any fiscal year with respect to any country identified
in the report required by paragraph (1) of this section.
(B) Notwithstanding paragraphs (1) through (5)(A) of this
section, the President may apply the procedures set forth in
section 490 (a) through (h) of the Foreign Assistance Act of 1961
during any fiscal year with respect to any country determined to be
a major drug transit country or major illicit drug producing
country as defined in section 481(e) of the Foreign Assistance Act
of 1961.
(6) Statutory construction.--Nothing in this section supersedes
or modifies the requirement in section 489(a) of the Foreign
Assistance Act of 1961 (with respect to the International Narcotics
Control Strategy Report) for the transmittal of a report not later
than March 1, each fiscal year under that section.
(7) Transition rule.--For funds obligated or expended under
this section in fiscal year 2003, the date for submission of the
report required by paragraph (1) of this section shall be at least
15 days before funds are obligated or expended.
(8) Effective date.--This section shall take effect upon the
date of enactment of this Act into law and shall remain in effect
thereafter unless Congress enacts subsequent legislation repealing
such section.
DIVISION B--SECURITY ASSISTANCE ACT OF 2002
TITLE X--GENERAL PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Security Assistance Act of
2002''.
SEC. 1002. DEFINITIONS.
In this division:
(1) Defense article.--The term ``defense article'' has the
meaning given the term in section 47(3) of the Arms Export Control
Act (22 U.S.C. 2794 note).
(2) Defense service.--The term ``defense service'' has the
meaning given the term in section 47(4) of the Arms Export Control
Act (22 U.S.C. 2794 note).
(3) Excess defense article.--The term ``excess defense
article'' has the meaning given the term in section 644(g) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2403(g)).
TITLE XI--VERIFICATION OF ARMS CONTROL AND NONPROLIFERATION AGREEMENTS
SEC. 1101. VERIFICATION AND COMPLIANCE BUREAU PERSONNEL.
(a) In General.--Of the amount authorized to be appropriated by
section 111(a)(1)(A), $14,000,000 is authorized to be available for the
Bureau of Verification and Compliance of the Department of State for
Bureau-administered activities, including the Key Verification Assets
Fund and to upgrade Bureau spaces for certification as a Sensitive
Compartmented Information Facility (SCIF).
(b) Additional Personnel.--In addition to the amount made available
under subsection (a), $1,800,000 is authorized to be available for the
fiscal year 2003 from the Department's American Salaries Account, for
the purpose of hiring new personnel to carry out the Bureau's
responsibilities, as set forth in section 112 of the Arms Export
Control and Nonproliferation Act of 1999 (113 Stat. 1501A-486), as
enacted into law by section 1000(a)(7) of Public Law 106-113, including
the assignment of one full-time person to the Bureau to manage the
document control, tracking, and printing requirements of the Bureau's
operation in a SCIF.
SEC. 1102. KEY VERIFICATION ASSETS FUND.
Of the total amount made available to the Department for fiscal
year 2003, $7,000,000 is authorized to be available within the
Verification and Compliance Bureau's account to carry out section 1111
of the Arms Control and Nonproliferation Act of 1999 (113 Stat. 1501A-
486), as enacted into law by section 1000(a)(7) of Public Law 106-113.
SEC. 1103. REVISED VERIFICATION AND COMPLIANCE REPORTING REQUIREMENTS.
Section 403(a) of the Arms Control and Disarmament Act (22 U.S.C.
2593a(a)) is amended by striking ``January 31'' and inserting ``April
15''.
TITLE XII--MILITARY AND RELATED ASSISTANCE
Subtitle A--Foreign Military Sales and Financing Authorities
SEC. 1201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the President for grant
assistance under section 23 of the Arms Export Control Act (22 U.S.C.
2763) and for the subsidy cost, as defined in section 502(5) of the
Federal Credit Reform Act of 1990, of direct loans under such section
$4,107,200,000 for fiscal year 2003.
SEC. 1202. RELATIONSHIP OF FOREIGN MILITARY SALES TO UNITED STATES
NONPROLIFERATION INTERESTS.
(a) Authorized Purposes.--The first sentence of section 4 of the
Arms Export Control Act (22 U.S.C. 2754) is amended by inserting ``for
preventing or hindering the proliferation of weapons of mass
destruction and of the means of delivering such weapons,'' after
``self-defense,''.
(b) Definition of ``Weapons of Mass Destruction''.--Section 47 of
the Arms Export Control Act (22 U.S.C. 2794) is amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(10) `weapons of mass destruction' has the meaning provided
by section 1403(1) of the Defense Against Weapons of Mass
Destruction Act of 1996 (title XIV of Public Law 104-201; 110 Stat.
2717; 50 U.S.C. 2302(1)).''.
SEC. 1203. 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. 1204. ARMS EXPORT CONTROL ACT PROHIBITION ON TRANSACTIONS WITH
COUNTRIES THAT HAVE REPEATEDLY PROVIDED SUPPORT FOR ACTS
OF INTERNATIONAL TERRORISM.
The second sentence of section 40(d) of the Arms Export Control Act
(22 U.S.C. 2780(d)) is amended--
(1) by striking ``groups or'' and inserting ``groups,''; and
(2) by inserting before the period the following: ``, or
willfully aid or abet the efforts of an individual or group to use,
develop, produce, stockpile, or otherwise acquire chemical,
biological, or radiological weapons''.
SEC. 1205. CONGRESSIONAL NOTIFICATION OF SMALL ARMS AND LIGHT WEAPONS
LICENSE APPROVALS; REPORTS.
(a) Congressional Notification of Export License Approvals.--
Section 36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)) is
amended by inserting ``(or, in the case of a defense article that is a
firearm controlled under category I of the United States Munitions
List, $1,000,000 or more)'' after ``$50,000,000 or more''.
(b) Report.--Section 40A(c) of the Arms Export Control Act (22
U.S.C. 2785(c)) is amended by inserting before the period the
following: ``and the numbers, range, and findings of end-use monitoring
of United States transfers of small arms and light weapons''.
(c) Annual Military Assistance Reports.--Section 655(b)(3) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2415(b)(3)) is amended by
inserting before the period at the end the following: ``, including, in
the case of defense articles that are firearms controlled under
category I of the United States Munitions List, a statement of the
aggregate dollar value and quantity of semiautomatic assault weapons,
or spare parts for such weapons, the manufacture, transfer, or
possession of which is unlawful under section 922 of title 18, United
States Code, that were licensed for export during the period covered by
the report''.
(d) Report on Arms Brokering.--Not later than June 30, 2003, the
Secretary shall submit a report to the appropriate congressional
committees on activities of registered arms brokers, which shall
discuss--
(1) the role of such brokers in the United States and other
countries;
(2) United States law, regulations, and policy regarding arms
brokers;
(3) violations of the Arms Export Control Act;
(4) United States resources and personnel devoted to the
monitoring of arms brokers;
(5) any needed changes in law, regulation, policy, or
resources; and
(6) any implications for the regulation of arms brokers in
other countries.
SEC. 1206. TREATMENT OF TAIWAN RELATING TO TRANSFERS OF DEFENSE
ARTICLES AND DEFENSE SERVICES.
Notwithstanding any other provision of law, for purposes of the
transfer or possible 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 though it were designated a major
non-NATO ally (as defined in section 644(q) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2403(q)).
Subtitle B--International Military Education and Training
SEC. 1211. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the President $85,000,000
for fiscal year 2003 to carry out chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to
international military education and training).
SEC. 1212. HUMAN RIGHTS VIOLATIONS.
(a) Annual Report.--Chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq.) is amended by adding at the end
the following new section:
``SEC. 549. HUMAN RIGHTS REPORT.
``(a) In General.--Not later than March 1 of each year, the
Secretary of State shall submit to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate a
report describing, to the extent practicable, any involvement of a
foreign military or defense ministry civilian participant in education
and training activities under this chapter in a violation of
internationally recognized human rights reported under section 116(d)
of this Act subsequent to such participation.
``(b) Form.--The report described in subsection (a) shall be in
unclassified form, but may include a classified annex.''.
(b) Records Regarding Foreign Participants.--Section 548 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347g) is amended--
(1) by striking ``In'' and inserting:
``(a) Development and Maintenance of Database.--In''; and
(2) by adding at the end the following new subsections:
``(b) Annual List of Foreign Personnel.--For the purposes of
preparing the report required pursuant to section 549 of this Act, the
Secretary of State may annually request the Secretary of Defense to
provide information contained in the database, with respect to a list
submitted to the Secretary of Defense by the Secretary of State, that
contains the names of foreign personnel or military units. To the
extent practicable, the Secretary of Defense shall provide, and the
Secretary of State may take into account, the information contained in
the database, if any, relating to the Secretary of State's submission.
``(c) Updating of Database.--If the Secretary of State determines
and reports to Congress under section 549 of this Act that a foreign
person identified in the database maintained pursuant to this section
was involved in a violation of internationally recognized human rights,
the Secretary of Defense shall ensure that the database is updated to
contain such fact and all relevant information.''.
SEC. 1213. PARTICIPATION IN POST-UNDERGRADUATE FLYING TRAINING AND
TACTICAL LEADERSHIP PROGRAMS.
Section 544 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347c)
is amended by adding at the end the following new subsection:
``(c)(1) The President is authorized to enter into cooperative
arrangements providing for the participation of foreign and United
States military and civilian defense personnel in post-undergraduate
flying training and tactical leadership programs at training locations
in Southwest Asia without charge to participating foreign countries,
and without charge to funds available to carry out this chapter
(notwithstanding section 632(d) of this Act). Such training must
satisfy common requirements with the United States for post-
undergraduate flying and tactical leadership training.
``(2) Cooperative arrangements under this subsection shall require
an equitable contribution of support and services from each
participating country. The President may waive the requirement for an
equitable contribution of a participating foreign country if he
determines that to do so is important to the national security
interests of the United States.
``(3) Costs incurred by the United States shall be charged to the
current applicable appropriations accounts or funds of the
participating United States Government agencies.''.
Subtitle C--Assistance for Select Countries
SEC. 1221. ASSISTANCE FOR ISRAEL AND EGYPT.
(a) Authorization of Appropriations for Israel.--Section 513 of the
Security Assistance Act of 2000 (Public Law 106-280) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``2001 and 2002'' and inserting ``2002
and 2003''; and
(ii) by adding at the end the following new sentence:
``Such funds are authorized to be made available on a grant
basis as a cash transfer.'';
(B) by adding at the end the following new paragraph:
``(3) Additional esf assistance for fiscal year 2003.--Only for
fiscal year 2003, in addition to the amount computed under
paragraph (2) for that fiscal year, an additional amount of
$200,000,000 is authorized to be made available for ESF assistance
for Israel, notwithstanding section 531(e) or 660(a) of the Foreign
Assistance Act of 1961, for defensive, nonlethal, antiterrorism
assistance, which amount shall be considered, for purposes of
subsection (d), as an amount appropriated by an Act making
supplemental appropriations.'';
(2) in subsection (c)(1), by striking ``2001 and 2002'' and
inserting ``2002 and 2003'';
(3) in subsection (c)(3), by striking ``Funds authorized'' and
all that follows through ``later'' and inserting: ``Funds
authorized to be available for Israel under subsection (b)(1) and
paragraph (1) of this subsection for fiscal years 2002 and 2003
shall be disbursed not later than 30 days after the date of
enactment of an Act making appropriations for foreign operations,
export financing, and related programs for fiscal year 2002, and
not later than 30 days after the date of enactment of an Act making
appropriations for foreign operations, export financing, and
related programs for fiscal year 2003, or October 31 of the
respective fiscal year, whichever is later.''; and
(4) in subsection (c)(4)--
(A) by striking ``fiscal year 2001'' and inserting ``fiscal
years 2002 and 2003''; and
(B) by striking ``$520,000,000'' and inserting
``$535,000,000 for fiscal year 2002 and not less than
$550,000,000 for fiscal year 2003''.
(b) Authorization of Appropriations for Egypt.--Section 514 of the
Security Assistance Act of 2000 (Public Law 106-280) is amended--
(1) by striking ``2001 and 2002'' each place it appears and
inserting ``2002 and 2003''; and
(2) in subsection (e), by striking ``Funds estimated'' and all
that follows through ``and'' at the end of paragraph (2) and
inserting the following: ``Funds estimated to be outlayed for Egypt
under subsection (c) during fiscal years 2002 and 2003 shall be
disbursed to an interest-bearing account for Egypt in the Federal
Reserve Bank of New York not later than 30 days after the date of
enactment of an Act making appropriations for foreign operations,
export financing, and related programs for fiscal year 2002, and
not later than 30 days after the date of enactment of an Act making
appropriations for foreign operations, export financing, and
related programs for fiscal year 2003, or by October 31 of the
respective fiscal year, whichever is later, provided that--
``(1) withdrawal of funds from such account shall be made only
on authenticated instructions from the Defense Finance and
Accounting Service of the Department of Defense;
``(2) in the event such account is closed, the balance of the
account shall be transferred promptly to the appropriations account
for the Foreign Military Financing Program.''.
SEC. 1222. SECURITY ASSISTANCE FOR GREECE AND TURKEY.
(a) In General.--Of the amount made available for the fiscal year
2003 to carry out chapter 5 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2347 et seq.)--
(1) $1,120,000 for fiscal year 2003 is authorized to be
available for Greece; and
(2) $2,800,000 for fiscal year 2003 is authorized to be
available for Turkey.
(b) Use for Professional Military Education.--Of the amounts
available under paragraphs (1) and (2) of subsection (a) for fiscal
year 2003, $500,000 of each such amount should be available for
purposes of professional military education.
(c) Use for Joint Training.--It is the sense of Congress that, to
the maximum extent practicable, amounts available under subsection (a)
that are used in accordance with subsection (b) should be used for
joint training of Greek and Turkish officers.
(d) Repeal.--Effective October 1, 2002, section 512 of the Security
Assistance Act of 2000 (Public Law 106-280; 114 Stat. 856) is repealed.
SEC. 1223. SECURITY ASSISTANCE FOR CERTAIN OTHER COUNTRIES.
(a) FMF for Certain Other Countries.--Of the total amount made
available for the fiscal year 2003 under section 23 of the Arms Export
Control Act (22 U.S.C. 2763), the following amounts are authorized to
be available on a grant basis for the following countries:
(1) The baltic states.--For all of the Baltic states of
Estonia, Latvia, and Lithuania, $22,000,000.
(2) Bulgaria.--For Bulgaria, $11,000,000.
(3) The czech republic.--For the Czech Republic, $11,000,000.
(4) Georgia.--For Georgia, $7,000,000.
(5) Hungary.--For Hungary, $11,000,000.
(6) Jordan.--For Jordan, $198,000,000.
(7) Malta.--For Malta, $1,150,000.
(8) The philippines.--For the Philippines, $25,000,000.
(9) Poland.--For Poland, $16,000,000.
(10) Romania.--For Romania, $12,000,000.
(11) Slovakia.-- For Slovakia, $9,000,000.
(12) Slovenia.--For Slovenia, $5,000,000.
(b) IMET.--Of the amount made available for the fiscal year 2003 to
carry out chapter 5 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2347 et seq.), the following amounts are authorized to be
available for the following countries:
(1) The baltic states.--For all of the Baltic states of
Estonia, Latvia, and Lithuania, $3,300,000.
(2) Bulgaria.--For Bulgaria, $1,370,000.
(3) The czech republic.--For the Czech Republic, $1,900,000.
(4) Georgia.--For Georgia, $1,200,000.
(5) Hungary.--For Hungary, $1,900,000.
(6) Jordan.--For Jordan, $4,000,000.
(7) Malta.--For Malta, $350,000.
(8) The philippines.--For the Philippines, $2,000,000.
(9) Poland.--For Poland, $2,000,000.
(10) Romania.--For Romania, $1,500,000.
(11) Slovakia.--For Slovakia, $950,000.
(12) Slovenia.--For Slovenia, $950,000.
(c) Repeals.--Sections 511 (a) and (b) and 515 of the Security
Assistance Act of 2000 are repealed.
SEC. 1224. ASSISTANCE TO LEBANON.
(a) Prohibition.--Notwithstanding any other provision of law,
$10,000,000 of the amounts made available for fiscal year 2003 or any
subsequent fiscal year that are allocated for assistance to Lebanon
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) may not be
obligated unless and until 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 armed forces have been
deployed.
(b) Requirement Relating to Funds Withheld.--Notwithstanding any
other provision of law, any funds withheld pursuant to subsection (a)
may not be programmed in order to be used for a purpose other than for
assistance to Lebanon until the last month of the fiscal year in which
the authority to obligate such funds lapses.
Subtitle D--Excess Defense Article and Drawdown Authorities
SEC. 1231. EXCESS DEFENSE ARTICLES FOR CERTAIN COUNTRIES.
(a) Authority.--Notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during the fiscal year
2003 funds available to the Department of Defense may be expended for
crating, packing, handling, and transportation of excess defense
articles transferred under the authority of section 516 of such Act to
Albania, Bulgaria, Croatia, Estonia, Former Yugoslavia Republic of
Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania,
Moldova, Mongolia, Pakistan, Romania, Slovakia, Slovenia, Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan.
(b) Sense of Congress.--It is the sense of Congress that the
authority provided under this section should be utilized only for those
countries demonstrating a genuine commitment to democracy and human
rights.
SEC. 1232. ANNUAL LISTING OF POSSIBLE EXCESS DEFENSE ARTICLES.
Section 25(a) of the Arms Export Control Act (22 U.S.C. 2765(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (12)(B);
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following:
``(13) a list of weapons systems that are significant military
equipment (as defined in section 47(9) of this Act), and numbers
thereof, that are believed likely to become available for transfer
as excess defense articles during the next 12 months; and''.
SEC. 1233. 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'';
(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. 1234. 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''.
Subtitle E--Other Political-Military Assistance
SEC. 1241. DESTRUCTION OF SURPLUS WEAPONS STOCKPILES.
Of the funds authorized to be appropriated to the President for
fiscal year 2003 to carry out chapters 1 and 10 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), relating to
development assistance, up to $10,000,000 is authorized to be made
available for the destruction of surplus stockpiles of small arms,
light weapons, and other munitions.
Subtitle F--Antiterrorism Assistance
SEC. 1251. AUTHORIZATION OF APPROPRIATIONS.
Section 574(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2349aa-4(a)) is amended by striking ``and $73,000,000 for fiscal year
2002'' and inserting ``, $73,000,000 for fiscal year 2002, and
$64,200,000 for fiscal year 2003''.
Subtitle G--Other Matters
SEC. 1261. ADDITIONS TO UNITED STATES WAR RESERVE STOCKPILES FOR
ALLIES.
Section 514(b)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)) is amended to read as follows:
``(2)(A) The value of such additions to stockpiles of defense
articles in foreign countries shall not exceed $100,000,000 for fiscal
year 2003.
``(B) Of the amount specified in subparagraph (A) for fiscal year
2003, not more than $100,000,000 may be made available for stockpiles
in the State of Israel.''.
SEC. 1262. REVISED MILITARY ASSISTANCE REPORTING REQUIREMENTS.
(a) Exception for Certain Countries.--Section 656(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2416(a)) is amended--
(1) by striking ``(a) Annual Report.--Not'' and inserting the
following:
``(a) Annual Report.--
``(1) In general.--Not''; and
(2) by adding at the end the following:
``(2) Exception for certain countries.--Paragraph (1) does not
apply to any NATO member, Australia, Japan, or New Zealand, unless
one of the appropriate congressional committees has specifically
requested, in writing, inclusion of such country in the report.
Such request shall be made not later than 90 calendar days prior to
the date on which the report is required to be transmitted.''.
(b) Annual Military Assistance Reports.--Section 655 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2415) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(c) Quarterly Reports on Government-To-Government Arms Exports.--
Section 36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is
amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8), (9), (10), (11), (12), and
(13) as paragraphs (7), (8), (9), (10), (11), and (12),
respectively.
SEC. 1263. CONSULTATION WITH CONGRESS WITH REGARD TO TAIWAN.
Beginning 180 days after the date of enactment of this Act, and
every 180 days thereafter, the President shall provide detailed
briefings to and consult with the appropriate congressional committees
regarding the United States security assistance to Taiwan, including
the provision of defense articles and defense services.
TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
Subtitle A--General Provisions
SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--Section 585 of the Foreign Assistance Act of
1961 (22 U.S.C. 2349bb-4) is amended--
(1) in subsection (a), by striking all after ``chapter'' and
inserting ``$162,000,000 for fiscal year 2003.''; and
(2) in subsection (c)--
(A) in the subsection heading by striking ``Fiscal Year
2001''; and
(B) by striking ``2001'' and inserting ``2002''.
(b) Suballocations.--Of the amount authorized to be appropriated to
the President for fiscal year 2003 by section 585 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2349bb-4)--
(1) $2,000,000 is authorized to be available for such fiscal
year for the purpose of carrying out section 584 of the Foreign
Assistance Act of 1961, as added by section 1303 of this Act; and
(2) $65,000,000 for fiscal year 2003 are authorized to be
available for science and technology centers in the independent
states of the former Soviet Union.
(c) Conforming Amendment.--Section 302 of the Security Assistance
Act of 2000 (Public Law 106-280; 114 Stat. 853) is repealed.
(d) Further Authorization.--There is authorized to be appropriated
under ``Nonproliferation, Anti-terrorism, Demining, and Related
Programs'' $382,400,000 for fiscal year 2003.
SEC. 1302. NONPROLIFERATION TECHNOLOGY ACQUISITION PROGRAMS FOR
FRIENDLY FOREIGN COUNTRIES.
(a) In General.--For the purpose of enhancing the nonproliferation
and export control capabilities of friendly countries, of the amount
authorized to be appropriated for fiscal year 2003 by section 585 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb et seq.), the
Secretary is authorized to make available--
(1) $5,000,000 for the procurement and provision of nuclear,
chemical, and biological detection systems, including spectroscopic
and pulse echo technologies; and
(2) $10,000,000 for the procurement and provision of x-ray
systems capable of imaging sea-cargo containers.
(b) Reports on Training Program.--
(1) Initial report.--Not later than March 31, 2003, the
Secretary shall submit a report to the appropriate congressional
committees setting forth his plans and budget for a multiyear
training program to train foreign personnel in the utilization of
the systems described in subsection (a).
(2) Subsequent reports.--Not later than March 31, 2004, and
annually thereafter for the next three years, the Secretary shall
submit a report to the appropriate congressional committees
describing the progress, current status, and budget of that
training program and of the provision of those systems.
SEC. 1303. INTERNATIONAL NONPROLIFERATION AND EXPORT CONTROL TRAINING.
Chapter 9 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2349bb et seq.) is amended--
(1) by redesignating sections 584 and 585 as sections 585 and
586, respectively; and
(2) by inserting after section 583 the following:
``SEC. 584. INTERNATIONAL NONPROLIFERATION EXPORT CONTROL TRAINING.
``(a) General Authority.--The President is authorized to furnish,
on such terms and conditions consistent with this chapter (but whenever
feasible on a reimbursable basis), education and training to
appropriate military and civilian personnel of foreign countries for
the purpose of enhancing the nonproliferation and export control
capabilities of such personnel through their attendance in special
courses of instruction conducted by the United States.
``(b) Administration of Courses.--The Secretary of State shall have
overall responsibility for the development and conduct of international
nonproliferation education and training programs under this section,
and may utilize other departments and agencies of the United States, as
appropriate, to recommend personnel for the education and training and
to administer specific courses of instruction.
``(c) Purposes.--Education and training activities conducted under
this section shall be--
``(1) of a technical nature, emphasizing techniques for
detecting, deterring, monitoring, interdicting, and countering
proliferation;
``(2) designed to encourage effective and mutually beneficial
relations and increased understanding between the United States and
friendly countries; and
``(3) designed to improve the ability of friendly countries to
utilize their resources with maximum effectiveness, thereby
contributing to greater self-reliance by such countries.
``(d) Priority to Certain Countries.--In selecting personnel for
education and training pursuant to this section, priority should be
given to personnel from countries determined by the Secretary of State
to be countries frequently transited by proliferation-related shipments
of cargo.''.
SEC. 1304. RELOCATION OF SCIENTISTS.
(a) Reinstatement of Classification Authority.--Section 4 of the
Soviet Scientists Immigration Act of 1992 (Public Law 102-509; 106
Stat. 3316; 8 U.S.C. 1153 note) is amended by striking subsection (d)
and inserting the following:
``(d) Duration of Authority.--The authority under subsection (a)
shall be in effect during the following periods:
``(1) The period beginning on the date of the enactment of this
Act and ending 4 years after such date.
``(2) The period beginning on the date of the enactment of the
Security Assistance Act of 2002 and ending 4 years after such
date.''.
(b) Limitation on Number of Scientists Eligible for Visas Under
Authority.--Section 4(c) of such Act (8 U.S.C. 1153 note) is amended by
striking ``750'' and inserting ``950''.
(c) Limitation on Eligibility.--Section 4(a) of that Act (8 U.S.C.
1153 note) is amended by adding at the end the following new sentence:
``A scientist is not eligible for designation under this subsection if
the scientist has previously been granted the status of an alien
lawfully admitted for permanent residence (as defined in section
101(a)(20) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(20)).''.
(d) Consultation Requirement.--The Attorney General shall consult
with the Secretary, the Secretary of Defense, the Secretary of Energy,
and the heads of other appropriate agencies of the United States
regarding--
(1) previous experience in implementing the Soviet Scientists
Immigration Act of 1992; and
(2) any changes that those officials would recommend in the
regulations prescribed under that Act.
SEC. 1305. INTERNATIONAL ATOMIC ENERGY AGENCY REGULAR BUDGET
ASSESSMENTS AND VOLUNTARY CONTRIBUTIONS.
(a) Findings.--Congress makes the following findings:
(1) The Department has concluded that the International Atomic
Energy Agency (in this section referred to as the ``IAEA'') is a
critical and effective instrument for verifying compliance with
international nuclear nonproliferation agreements, and that it
serves as an essential barrier to the spread of nuclear weapons.
(2) The IAEA furthers United States national security
objectives by helping to prevent the proliferation of nuclear
weapons material, especially through its work on effective
verification and safeguards measures.
(3) The IAEA can also perform a critical role in monitoring and
verifying aspects of nuclear weapons reduction agreements between
nuclear weapons states.
(4) The IAEA has adopted a multifaceted action plan, to be
funded by voluntary contributions, to address the threats posed by
radioactive sources that could be used in a radiological weapon and
will be the leading international agency in this effort.
(5) As the IAEA has negotiated and developed more effective
verification and safeguards measures, it has experienced
significant real growth in its mission, especially in the vital
area of nuclear safeguards inspections.
(6) Nearly two decades of zero budget growth have affected the
ability of the IAEA to carry out its mission and to hire and retain
the most qualified inspectors and managers, as evidenced in the
decreasing proportion of such personnel who hold doctorate degrees.
(7) Increased voluntary contributions by the United States will
be needed if the IAEA is to increase its safeguards activities and
also to implement its action plan to address the worldwide risks
posed by lost or poorly secured radioactive sources.
(8) Although voluntary contributions by the United States
lessen the IAEA's budgetary constraints, they cannot readily be
used for the long-term capital investments or permanent staff
increases necessary to an effective IAEA safeguards regime.
(9) The recent United States decision to accept a 25 percent
IAEA regular budget assessment was based upon a correct
interpretation of existing law. It was not the intent of Congress
that the United States contributions to all United Nations-related
organizations and activities be reduced pursuant to the Admiral
James W. Nance and Meg Donovan Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001 (as enacted into law by section
1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-405 et seq.),
which sets 22 percent assessment rates as benchmarks for the
general United Nations budget, the Food and Agricultural
Organization, the World Health Organization, and the International
Labor Organization. Rather, contributions for an important and
effective agency such as the IAEA should be maintained at levels
commensurate with the criticality of its mission.
(10) The Secretary should negotiate a gradual and sustained
increase in the regular budget of the International Atomic Energy
Agency, which should begin with the 2004 budget.
(b) Authorization of Appropriations.--Of the funds authorized to be
appropriated for Nonproliferation, Anti-terrorism, Demining, and
Related Programs there is authorized to be appropriated $60,000,000 for
fiscal year 2003 for a United States voluntary contribution to the
International Atomic Energy Agency, including for the purpose of
implementing the Protection Against Nuclear Terrorism program adopted
by the International Atomic Energy Agency Board of Governors in March
2002.
SEC. 1306. 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 adding at the end 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 weapons listed on the Wassenaar
Arrangement Munitions List of July 12, 1996, or any subsequent revision
of that list''.
SEC. 1307. AMENDMENTS TO THE NORTH KOREA THREAT REDUCTION ACT OF 1999.
(a) Restrictions.--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 ``nuclear
material, facilities, components, or other goods, services, or
technology that would be subject to such agreement,'' each of the two
places it appears and inserting ``specified nuclear item,''.
(b) Specified Nuclear Item Defined.--Section 823 of the North Korea
Threat Reduction Act of 1999 is amended by inserting at the end the
following:
``(5) Specified nuclear item.--The term `specified nuclear
item' includes--
``(A) nuclear material, facilities, components, or other
goods, services, or technology the transfer of which to North
Korea would be required by the Atomic Energy Act of 1954 to be
subject to an agreement for cooperation, as defined in section
11 b. of that Act (42 U.S.C. 2014 b.), between the United
States and North Korea; and
``(B) components that are listed on Annex A or Annex B to
the Nuclear Suppliers Group Guidelines for the Export of
Nuclear Material, Equipment and Technology (published by the
International Atomic Energy Agency as Information Circular
INFCIRC/254/Rev. 5/Part 1, or any subsequent revision
thereof).''.
SEC. 1308. ANNUAL REPORTS ON THE PROLIFERATION OF MISSILES AND
ESSENTIAL COMPONENTS OF NUCLEAR, BIOLOGICAL, CHEMICAL,
AND RADIOLOGICAL WEAPONS.
(a) Report.--Not later than March 1, 2003, and annually thereafter,
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, chemical or radiological weapons (in this section referred
to as ``NBC weapons'') to any country other than a country referred to
in subsection (d) that is seeking to possess or otherwise acquire such
weapons, technology, or materials, or other system that the Secretary
or the Secretary of Defense has reason to believe could be used to
develop, acquire, or deliver NBC weapons.
(b) Matters To Be Included.--Each such report shall include--
(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 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 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 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 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 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 or the Secretary of Defense has reason to believe
could be used to deliver NBC weapons.
(4) A listing of those persons and countries that 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, New Zealand, Norway, Poland, Portugal, Spain, Turkey, the
United Kingdom, and the United States.
(e) Classification of Report.--The Secretary 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 Committee 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; 110 Stat. 3009-171).
(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. 1309. THREE-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 3-year international arms control and
nonproliferation strategy. The strategy shall contain the following:
(1) A 3-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--Russian Federation Debt Reduction for Nonproliferation
SEC. 1311. SHORT TITLE.
This subtitle may be cited as the ``Russian Federation Debt for
Nonproliferation Act of 2002''.
SEC. 1312. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) It is in the vital security interests of the United States
to prevent the spread of weapons of mass destruction to additional
states or to terrorist organizations, and to ensure that other
nations' obligations to modify their stockpiles of such arms in
accordance with treaties, executive agreements, or political
commitments are fulfilled.
(2) In particular, it is in the vital national security
interests of the United States to ensure that--
(A) all stocks of nuclear weapons and weapons-usable
nuclear material in the Russian Federation are secure and
accounted for;
(B) stocks of nuclear weapons and weapons-usable nuclear
material that are excess to military needs in the Russian
Federation are monitored and reduced;
(C) any chemical or biological weapons, related materials,
and facilities in the Russian Federation are destroyed;
(D) the Russian Federation's nuclear weapons complex is
reduced to a size appropriate to its post-Cold War missions,
and its experts in weapons of mass destruction technologies are
shifted to gainful and sustainable civilian employment;
(E) the Russian Federation's export control system blocks
any proliferation of weapons of mass destruction, the means of
delivering such weapons, and materials, equipment, know-how, or
technology that would be used to develop, produce, or deliver
such weapons; and
(F) these objectives are accomplished with sufficient
monitoring and transparency to provide confidence that they
have in fact been accomplished and that the funds provided to
accomplish these objectives have been spent efficiently and
effectively.
(3) United States programs should be designed to accomplish
these vital objectives in the Russian Federation as rapidly as
possible, and the President should develop and present to Congress
a plan for doing so.
(4) Substantial progress has been made in United States-Russian
Federation cooperative programs to achieve these objectives, but
much more remains to be done to reduce the urgent risks to United
States national security posed by the current state of the Russian
Federation's weapons of mass destruction stockpiles and complexes.
(5) The threats posed by inadequate management of weapons of
mass destruction stockpiles and complexes in the Russian Federation
remain urgent. Incidents in years immediately preceding 2001, which
have been cited by the Russia Task Force of the Secretary of Energy
Advisory Board, include--
(A) a conspiracy at one of the Russian Federation's largest
nuclear weapons facilities to steal nearly enough highly
enriched uranium for a nuclear bomb;
(B) an attempt by an employee of the Russian Federation's
premier nuclear weapons facility to sell nuclear weapons
designs to agents of Iraq and Afghanistan; and
(C) the theft of radioactive material from a Russian
Federation submarine base.
(6) Addressing these threats to United States and world
security will ultimately consume billions of dollars, a burden that
will have to be shared by the Russian Federation, the United
States, and other governments, if these threats are to be
neutralized.
(7) The creation of new funding streams could accelerate
progress in reducing these threats to United States security and
help the government of the Russian Federation to fulfill its
responsibility for secure management of its weapons stockpiles and
complexes as United States assistance phases out.
(8) The Russian Federation has a significant foreign debt, a
substantial proportion of which it inherited from the Soviet Union.
(9) Past debt-for-environment exchanges, in which a portion of
a country's foreign debt is canceled in return for certain
environmental commitments or payments by that country, suggest that
a debt-for-nonproliferation exchange with the Russian Federation
could be designed to provide additional funding for
nonproliferation and arms reduction initiatives.
(10) Most of the Russian Federation's official bilateral debt
is held by United States allies that are advanced industrial
democracies. Since the issues described pose threats to United
States allies as well, United States leadership that results in a
larger contribution from United States allies to cooperative threat
reduction activities will be needed.
(11) At the June 2002 meeting of the G-8 countries, agreement
was achieved on a G-8 Global Partnership against the Spread of
Weapons and Materials of Mass Destruction, under which the advanced
industrial democracies committed to contribute $20,000,000,000 to
nonproliferation programs in the Russian Federation during a 10-
year period, with each contributing country having the option to
fund some or all of its contribution through reduction in the
Russian Federation's official debt to that country.
(12) The Russian Federation's Soviet-era official debt to the
United States is estimated to be $480,000,000 in Lend-Lease debt
and $2,250,000,000 in debt as a result of credits extended under
title I of the Agricultural Trade Development and Assistance Act of
1954 (7 U.S.C. 1701 et seq.).
(b) Purposes.--The purposes of this subtitle are--
(1) to facilitate the accomplishment of the United States
objectives described in the findings set forth in subsection (a) by
providing for the use of a portion of the Russian Federation's
foreign debt to fund nonproliferation programs, thus allowing the
use of additional resources for these purposes; and
(2) to help ensure that the resources made available to the
Russian Federation are targeted to the accomplishment of the United
States objectives described in the findings set forth in subsection
(a).
SEC. 1313. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations and the
Committee on Appropriations of the House of Representatives;
and
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(2) Cost.--The term ``cost'' has the meaning given that term in
section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5)).
(3) Russian federation nonproliferation investment agreement or
agreement.--The term ``Russian Federation Nonproliferation
Investment Agreement'' or ``Agreement'' means the agreement between
the United States and the Russian Federation entered into under
section 1315(a).
(4) Soviet-era debt.--The term ``Soviet-era debt'' means debt
owed as a result of loans or credits provided by the United States
(or any agency of the United States) to the Union of Soviet
Socialist Republics under the Lend Lease Act of 1941 or the
Commodity Credit Corporation Charter Act.
(5) State sponsor of international terrorism.--The term ``state
sponsor of international terrorism'' means those countries that
have been determined by the Secretary of State, for the purposes of
section 40 of the Arms Export Control Act, section 620A of the
Foreign Assistance Act of 1961, or section 6(j) of the Export
Administration Act of 1979, to have repeatedly provided support for
acts of international terrorism.
SEC. 1314. AUTHORITY TO REDUCE THE RUSSIAN FEDERATION'S SOVIET-ERA DEBT
OBLIGATIONS TO THE UNITED STATES.
(a) Authority To Reduce Debt.--
(1) In general.--Upon the entry into force of a Russian
Federation Nonproliferation Investment Agreement, the President may
reduce amounts of Soviet-era debt owed by the Russian Federation to
the United States (or any agency or instrumentality of the United
States) that are outstanding as of the last day of the fiscal year
preceding the fiscal year for which appropriations are available
for the reduction of debt, in accordance with this subtitle.
(2) Limitation.--The authority provided by paragraph (1) shall
be available only to the extent that appropriations for the cost
(as defined in section 502(5) of the Federal Credit Reform Act of
1990) of reducing any debt pursuant to such subsection are made in
advance.
(3) Supersedes existing law.--The authority provided by
paragraph (1) may be exercised notwithstanding section 620(r) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2370(r)) or section
321 of the International Development and Food Assistance Act of
1975.
(b) Implementation.--
(1) Delegation of authority.--The President may delegate any
authority conferred upon the President in this subtitle to the
Secretary of State.
(2) Establishment of terms and conditions.--Consistent with
this subtitle, the President shall establish the terms and
conditions under which loans and credits may be reduced pursuant to
subsection (a).
(3) Implementation.--In exercising the authority of subsection
(a), the President--
(A) shall notify--
(i) the Department of State, with respect to
obligations of the former Soviet Union under the Lend Lease
Act of 1941; and
(ii) the Commodity Credit Corporation, with respect to
obligations of the former Soviet Union under the Commodity
Credit Corporation Act;
(B) shall direct the cancellation of old obligations and
the substitution of new obligations consistent with the Russian
Federation Nonproliferation Investment Agreement; and
(C) shall direct the appropriate agency to make an
adjustment in the relevant accounts to reflect the new debt
treatment.
(4) Deposit of repayments.--All repayments of outstanding loan
amounts under subsection (a) that are not designated under a
Russian Federation Nonproliferation Investment Agreement shall be
deposited in the United States Government accounts established for
repayments of the original obligations.
(5) Not treated as foreign assistance.--Any reduction of
Soviet-era debt pursuant to this subtitle shall not be considered
assistance for the purposes of any provision of law limiting
assistance to a country.
(c) Authorization of Appropriation.--
(1) In general.--For the cost (as defined in section 502(5) of
the Federal Credit Reform Act of 1990) of modifying any Soviet-era
debt obligation pursuant to subsection (a), there are authorized to
be appropriated to the President such sums as may be necessary.
(2) Availability of funds.--Amounts appropriated pursuant to
paragraph (1) are authorized to remain available until expended.
SEC. 1315. RUSSIAN FEDERATION NONPROLIFERATION INVESTMENT AGREEMENT.
(a) In General.--
(1) In general.--The President is authorized to enter into an
agreement with the Russian Federation under which an amount equal
to the value of the debt reduced pursuant to section 1314 will be
used to promote the nonproliferation of weapons of mass destruction
and the means of delivering such weapons. An agreement entered into
under this section may be referred to as the ``Russian Federation
Nonproliferation Investment Agreement''.
(2) Congressional notification.--The President shall notify the
appropriate congressional committees at least 15 days in advance of
the United States entering into a Russian Federation
Nonproliferation Investment Agreement.
(b) Content of the Agreement.--The Russian Federation
Nonproliferation Investment Agreement shall ensure that--
(1) an amount equal to the value of the debt reduced pursuant
to this subtitle will be made available by the Russian Federation
for agreed nonproliferation programs and projects;
(2) each program or project funded pursuant to the Agreement
will be approved by the President;
(3) the administration and oversight of nonproliferation
programs and projects will incorporate best practices from
established threat reduction and nonproliferation assistance
programs;
(4) each program or project funded pursuant to the Agreement
will be subject to monitoring and audits conducted by or for the
United States Government to confirm that agreed funds are expended
on agreed projects and meet agreed targets and benchmarks;
(5) unobligated funds for investments pursuant to the Agreement
will not be diverted to other purposes;
(6) funds allocated to programs and projects pursuant to the
Agreement will not be subject to any taxation by the Russian
Federation;
(7) all matters relating to the intellectual property rights
and legal liabilities of United States firms in any project will be
agreed upon before the expenditure of funds would be authorized for
that project; and
(8) not less than 75 percent of the funds made available for
each nonproliferation program or project under the Agreement will
be spent in the Russian Federation.
(c) Use of Existing Mechanisms.--It is the sense of Congress that,
to the extent practicable, the boards and administrative mechanisms of
existing threat reduction and nonproliferation programs should be used
in the administration and oversight of programs and projects under the
Agreement.
(d) Joint Auditing.--It is the sense of Congress that the United
States and the Russian Federation should consider commissioning the
United States General Accounting Office and the Russian Chamber of
Accounts to conduct joint audits to ensure that the funds saved by the
Russian Federation as a result of any debt reduction are used
exclusively, efficiently, and effectively to implement agreed programs
or projects pursuant to the Agreement.
(e) Structure of the Agreement.--It is the sense of Congress that
the Agreement should provide for significant penalties--
(1) if funds obligated for approved programs or projects are
determined to have been misappropriated; and
(2) if the President is unable to make the certification
required by section 1317(a) for two consecutive years.
SEC. 1316. INDEPENDENT MEDIA AND THE RULE OF LAW.
Notwithstanding section 1315 (a)(1) and (b)(1), up to 10 percent of
the amount equal to the value of the debt reduced pursuant to this
subtitle may be used to promote a vibrant, independent media sector and
the rule of law in the Russian Federation through an endowment to
support the establishment of a ``Center for an Independent Press and
the Rule of Law'' in the Russian Federation, which shall be directed by
a joint United States-Russian Board of Directors in which the majority
of members, including the chairman, shall be United States personnel,
and which shall be responsible for management of the endowment, its
funds, and the Center's programs.
SEC. 1317. RESTRICTION ON DEBT REDUCTION AUTHORITY.
(a) Proliferation to State Sponsors of Terrorism.--Subject to the
provisions of subsection (c), the debt reduction authority provided by
section 1314 may not be exercised unless and until the President
certifies to the appropriate congressional committees that the Russian
Federation has made material progress in stemming the flow of sensitive
goods, technologies, material, and know-how related to the design,
development, and production of weapons of mass destruction and the
means to deliver them to state sponsors of international terrorism.
(b) Annual Determination.--If, in any annual report to Congress
submitted pursuant to section 1321, the President cannot certify that
the Russian Federation continues to meet the condition required in
subsection (a), then, subject to the provisions of subsection (c), the
debt reduction authority provided by section 1314 may not be exercised
unless and until such certification is made to the appropriate
congressional committees.
(c) Presidential Waiver.--The President may waive the requirements
of subsection (a) or (b) for a fiscal year if the President--
(1) determines that application of the subsection for a fiscal
year would be counter to the national interest of the United
States; and
(2) so reports to the appropriate congressional committees.
SEC. 1318. DISCUSSION OF RUSSIAN FEDERATION DEBT REDUCTION FOR
NONPROLIFERATION WITH OTHER CREDITOR STATES.
It is the sense of Congress that the President and such other
appropriate officials as the President may designate should pursue
discussions with other creditor states with the objectives of--
(1) ensuring that other advanced industrial democracies,
especially the largest holders of Soviet-era Russian debt, dedicate
significant proportions of their bilateral official debt with the
Russian Federation or equivalent amounts of direct assistance to
the G-8 Global Partnership against the Spread of Weapons and
Materials of Mass Destruction, as agreed upon in the Statement by
G-8 Leaders on June 27, 2002; and
(2) reaching agreement, as appropriate, to establish a unified
Russian Federation official debt reduction fund to manage and
provide financial transparency for the resources provided by
creditor states through debt reductions.
SEC. 1319. IMPLEMENTATION OF UNITED STATES POLICY.
It is the sense of Congress that implementation of debt-for-
nonproliferation programs with the Russian Federation should be
overseen by the coordinating mechanism established pursuant to section
1334 of this Act.
SEC. 1320. CONSULTATIONS WITH CONGRESS.
The President shall consult with the appropriate congressional
committees on a periodic basis to review the implementation of this
subtitle and the Russian Federation's eligibility for debt reduction
pursuant to this subtitle.
SEC. 1321. ANNUAL REPORTS TO CONGRESS.
Not later than December 31, 2003, and not later than December 31 of
each year thereafter, the President shall prepare and transmit to
Congress a report concerning actions taken to implement this subtitle
during the fiscal year preceding the fiscal year in which the report is
transmitted. The report on a fiscal year shall include--
(1) a description of the activities undertaken pursuant to this
subtitle during the fiscal year;
(2) a description of the nature and amounts of the loans
reduced pursuant to this subtitle during the fiscal year;
(3) a description of any agreement entered into under this
subtitle;
(4) a description of the progress during the fiscal year of any
projects funded pursuant to this subtitle;
(5) a summary of the results of relevant audits performed in
the fiscal year; and
(6) a certification, if appropriate, that the Russian
Federation continued to meet the condition required by section
1317(a), and an explanation of why the certification was or was not
made.
Subtitle C--Nonproliferation Assistance Coordination
SEC. 1331. SHORT TITLE.
This subtitle may be cited as the ``Nonproliferation Assistance
Coordination Act of 2002''.
SEC. 1332. FINDINGS.
Congress finds that--
(1) United States nonproliferation efforts in the independent
states of the former Soviet Union have achieved important results
in ensuring that weapons of mass destruction, weapons-usable
material and technology, and weapons-related knowledge remain
beyond the reach of terrorists and weapons-proliferating states;
(2) although these efforts are in the United States national
security interest, the effectiveness of these efforts has suffered
from a lack of coordination within and among United States
Government agencies;
(3) increased spending and investment by the United States
private sector on nonproliferation efforts in the independent
states of the former Soviet Union, specifically, spending and
investment by the United States private sector in job creation
initiatives and proposals for unemployed Russian Federation weapons
scientists and technicians, are making an important contribution in
ensuring that knowledge related to weapons of mass destruction
remains beyond the reach of terrorists and weapons-proliferating
states; and
(4) increased spending and investment by the United States
private sector on nonproliferation efforts in the independent
states of the former Soviet Union make advisable the establishment
of a coordinating body to ensure that United States public and
private efforts are not in conflict, and to ensure that public
spending on efforts by the independent states of the former Soviet
Union is maximized to ensure efficiency and further United States
national security interests.
SEC. 1333. DEFINITIONS.
(a) Independent States of the Former Soviet Union.--In this
subtitle, the term ``independent states of the former Soviet Union''
has the meaning given the term in section 3 of the FREEDOM Support Act
(22 U.S.C. 5801).
(b) Appropriate Committees of Congress.--In this subtitle, the term
``the appropriate committees of Congress'' means the Committees on
Foreign Relations, Armed Services, and Appropriations of the Senate and
the Committees on International Relations, Armed Services, and
Appropriations of the House of Representatives.
SEC. 1334. ESTABLISHMENT OF COMMITTEE ON NONPROLIFERATION ASSISTANCE.
(a) In General.--The President shall establish a mechanism to
coordinate, with the maximum possible effectiveness and efficiency, the
efforts of United States Government departments and agencies engaged in
formulating policy and carrying out programs for achieving
nonproliferation and threat reduction.
(b) Membership.--The coordination mechanism established pursuant to
subsection (a) shall include--
(1) representatives designated by--
(A) the Secretary of State;
(B) the Secretary of Defense;
(C) the Secretary of Energy;
(D) the Secretary of Commerce;
(E) the Attorney General; and
(F) the Director of the Office of Homeland Security, or the
head of a successor department or agency; and
(2) such other executive branch officials as the President may
select.
(c) Level of Representation.--To the maximum extent possible, each
department or agency's representative designated pursuant to subsection
(b)(1) shall be an official of that department or agency who has been
appointed by the President with the advice and consent of the Senate.
(d) Chair.--The President shall designate an official to direct the
coordination mechanism established pursuant to subsection (a). The
official so designated may invite the head of any other department or
agency of the United States to designate a representative of that
department or agency to participate from time to time in the activities
of the Committee.
SEC. 1335. PURPOSES AND AUTHORITY.
(a) Purposes.--
(1) In general.--The primary purpose of the coordination
mechanism established pursuant to section 1334 of this Act should
be--
(A) to exercise continuing responsibility for coordinating
worldwide United States nonproliferation and threat reduction
efforts to ensure that they effectively implement United States
policy; and
(B) to enhance the ability of participating departments and
agencies to anticipate growing nonproliferation areas of
concern.
(2) Program monitoring and coordination.--The coordination
mechanism established pursuant to section 1334 of this Act should
have primary continuing responsibility within the executive branch
of the Government for--
(A) United States nonproliferation and threat reduction
efforts, and particularly such efforts in the independent
states of the former Soviet Union; and
(B) coordinating the implementation of United States policy
with respect to such efforts.
(b) Authority.--In carrying out the responsibilities described in
subsection (a), the coordination mechanism established pursuant to
section 1334 of this Act should have, at a minimum, the authority to--
(1) establish such subcommittees and working groups as it deems
necessary;
(2) direct the preparation of analyses on issues and problems
relating to coordination within and among United States departments
and agencies on nonproliferation and threat reduction efforts;
(3) direct the preparation of analyses on issues and problems
relating to coordination between the United States public and
private sectors on nonproliferation and threat reduction efforts,
including coordination between public and private spending on
nonproliferation and threat reduction programs and coordination
between public spending and private investment in defense
conversion activities of the independent states of the former
Soviet Union;
(4) provide guidance on arrangements that will coordinate,
deconflict, and maximize the utility of United States public
spending on nonproliferation and threat reduction programs, and
particularly such efforts in the independent states of the former
Soviet Union;
(5) encourage companies and nongovernmental organizations
involved in nonproliferation efforts of the independent states of
the former Soviet Union or other countries of concern to
voluntarily report these efforts to it;
(6) direct the preparation of analyses on issues and problems
relating to the coordination between the United States and other
countries with respect to nonproliferation efforts, and
particularly such efforts in the independent states of the former
Soviet Union; and
(7) consider, and make recommendations to the President with
respect to, proposals for such new legislation or regulations
relating to United States nonproliferation efforts as may be
necessary.
SEC. 1336. ADMINISTRATIVE SUPPORT.
All United States departments and agencies shall provide, to the
extent permitted by law, such information and assistance as may be
requested by the coordination mechanism established pursuant to section
1334 of this Act, in carrying out its functions and activities under
this subtitle.
SEC. 1337. CONFIDENTIALITY OF INFORMATION.
Information which has been submitted to or received by the
coordination mechanism established pursuant to section 1334 of this Act
in confidence shall not be publicly disclosed, except to the extent
required by law, and such information shall be used by it only for the
purpose of carrying out the functions set forth in this subtitle.
SEC. 1338. STATUTORY CONSTRUCTION.
Nothing in this subtitle--
(1) applies to the data-gathering, regulatory, or enforcement
authority of any existing United States department or agency over
nonproliferation efforts in the independent states of the former
Soviet Union, and the review of those efforts undertaken by the
coordination mechanism established pursuant to section 1334 of this
Act shall not in any way supersede or prejudice any other process
provided by law; or
(2) applies to any activity that is reportable pursuant to
title V of the National Security Act of 1947 (50 U.S.C. 413 et
seq.).
SEC. 1339. REPORTING AND CONSULTATION.
(a) Presidential Report.--Not later than 120 days after each
inauguration of a President, the President shall submit a report to the
Congress on his general and specific nonproliferation and threat
reduction objectives and how the efforts of executive branch agencies
will be coordinated most effectively, pursuant to section 1334 of this
Act, to achieve those objectives.
(b) Consultation.--The President should consult with and brief,
from time to time, the appropriate committees of Congress regarding the
efficacy of the coordination mechanism established pursuant to section
1334 of this Act in achieving its stated objectives.
Subtitle D--Iran Nuclear Proliferation Prevention Act of 2002
SEC. 1341. SHORT TITLE.
This subtitle may be cited as the ``Iran Nuclear Proliferation
Prevention Act of 2002''.
SEC. 1342. 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)(1) Notwithstanding subsection (c), if the Secretary of State
determines that programs and projects of the International Atomic
Energy Agency in Iran are inconsistent with United States nuclear
nonproliferation and safety goals, will provide Iran with training or
expertise relevant to the development of nuclear weapons, or are being
used as a cover for the acquisition of sensitive nuclear technology,
the limitations of subsection (a) shall apply to such programs and
projects, and the Secretary of State shall so notify the appropriate
congressional committees (as defined in section 3 of the Foreign
Relations Authorization Act, Fiscal Year 2003).
``(2) A determination made by the Secretary of State under
paragraph (1) shall be effective for the 1-year period beginning on the
date of the determination.''.
SEC. 1343. ANNUAL REVIEW BY SECRETARY OF STATE OF PROGRAMS AND PROJECTS
OF THE INTERNATIONAL ATOMIC ENERGY AGENCY; UNITED STATES
OPPOSITION TO CERTAIN PROGRAMS AND PROJECTS OF THE
AGENCY.
(a) Annual Review.--
(1) In general.--The Secretary shall undertake a comprehensive
annual review of all programs and projects of the International
Atomic Energy Agency (IAEA) 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 one year after the date of
enactment of this Act, and on an annual basis thereafter for five
years, the Secretary shall submit to 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 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. 1344. REPORTING REQUIREMENTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and on an annual basis thereafter for five
years, the Secretary, in consultation with the United States
representative to the International Atomic Energy Agency, shall prepare
and submit to Congress a report that contains--
(1) a description of the total amount of annual assistance to
Iran from the International Atomic Energy Agency;
(2) a list of Iranian officials in leadership positions at the
Agency;
(3) the expected timeframe for the completion of the nuclear
power reactors at the Bushehr nuclear power plant;
(4) a summary of the nuclear materials and technology
transferred to Iran from the Agency in the preceding year that
could assist in the development of Iran's nuclear weapons program;
and
(5) 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 those
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. 1345. SENSE OF CONGRESS.
It is the sense of Congress that the President 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 XIV--EXPEDITING THE MUNITIONS LICENSING PROCESS
SEC. 1401. LICENSE OFFICER STAFFING.
(a) Funding.--Of the amount authorized to be appropriated by
section 111(a)(1)(A), $10,000,000 is authorized to be available for
salaries and expenses of the Office of Defense Trade Controls of the
Department.
(b) Assignment of License Review Officers.--Effective January 1,
2003, the Secretary shall assign to the Office of Defense Trade
Controls of the Department a sufficient number of license review
officers to ensure that the average weekly caseload for each officer
does not routinely 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. 1402. FUNDING FOR DATABASE AUTOMATION.
Of the amount authorized to be appropriated by section 111(a)(2),
$4,000,000 is authorized to be available for the Office of Defense
Trade Controls of the Department for the modernization of information
management systems.
SEC. 1403. INFORMATION MANAGEMENT PRIORITIES.
(a) Objective.--The Secretary shall establish a secure, Internet-
based system for the filing and review of applications for export of
Munitions List items.
(b) Establishment of an Electronic System.--Of the amount made
available pursuant to section 1402 of this Act, $3,000,000 is
authorized to be available to fully automate the Defense Trade
Application System, and to ensure that the system--
(1) is a secure, electronic system for the filing and review of
Munitions List license applications;
(2) is accessible by United States companies through the
Internet for the purpose of filing and tracking their Munitions
List license applications; and
(3) is capable of exchanging data with--
(A) the Export Control Automated Support System of the
Department of Commerce;
(B) the Foreign Disclosure and Technology Information
System and the USXPORTS systems of the Department of Defense;
(C) the Export Control System of the Central Intelligence
Agency; and
(D) the Proliferation Information Network System of the
Department of Energy.
(c) Munitions List Defined.--In this section, the term ``Munitions
List'' means the United States Munitions List of defense articles and
defense services controlled under section 38 of the Arms Export Control
Act (22 U.S.C. 2778).
SEC. 1404. IMPROVEMENTS TO THE AUTOMATED EXPORT SYSTEM.
(a) Contribution to the Automated Export System.--Of the amount
provided under section 1402 of this Act, $250,000 is authorized to be
available for the purpose of--
(1) providing the Department with full access to the Automated
Export System;
(2) ensuring that the system is modified to meet the needs of
the Department, if such modifications are consistent with the needs
of other United States Government agencies; and
(3) providing operational support.
(b) Mandatory Filing.--The Secretary of Commerce, with the
concurrence of the Secretary of State and the Secretary of Treasury,
shall publish regulations in the Federal Register to require, upon the
effective date of those regulations, that all persons who are required
to file export information under chapter 9 of title 13, United States
Code, file such information through the Automated Export System.
(c) Requirement for Information Sharing.--The Secretary shall
conclude an information-sharing arrangement with the heads of the
United States Customs Service and the Census Bureau--
(1) to allow the Department to access information on controlled
exports made through the United States Postal Service; and
(2) to adjust the Automated Export System to parallel
information currently collected by the Department.
(d) Secretary of Treasury Functions.--Section 303 of title 13,
United States Code, is amended by striking ``, other than by mail,''.
(e) Filing Export Information, Delayed Filings, Penalties for
Failure To File.--Section 304 of title 13, United States Code, is
amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``the penal sum of
$1,000'' and inserting ``a penal sum of $10,000''; and
(B) in the third sentence, by striking ``a penalty not to
exceed $100 for each day's delinquency beyond the prescribed
period, but not more than $1,000,'' and inserting ``a penalty
not to exceed $1,000 for each day's delinquency beyond the
prescribed period, but not more than $10,000 per violation'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Any person, other than a person described in subsection (a),
required to submit export information, shall file such information in
accordance with any rule, regulation, or order issued pursuant to this
chapter. In the event any such information or reports are not filed
within such prescribed period, the Secretary of Commerce (and officers
of the Department of Commerce specifically designated by the Secretary)
may impose a civil penalty not to exceed $1,000 for each day's
delinquency beyond the prescribed period, but not more than $10,000 per
violation.''.
(f) Additional Penalties.--
(1) In general.--Section 305 of title 13, United States Code,
is amended to read as follows:
``SEC. 305. PENALTIES FOR UNLAWFUL EXPORT INFORMATION ACTIVITIES.
``(a) Criminal Penalties.--
``(1) Failure to file; submission of false or misleading
information.--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) Furtherance of illegal activities.--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) Forfeiture penalties.--Any person who is convicted under
this subsection shall, in addition to any other penalty, be subject
to forfeiting to the United States--
``(A) any of that person's interest in, security of, claim
against, or property or contractual rights of any kind in the
goods or tangible items that were the subject of the violation;
``(B) any of that person's interest in, security of, claim
against, or property or contractual rights of any kind in
tangible property that was used in the export or attempt to
export that was the subject of the violation; and
``(C) any of that person's property constituting, or
derived from, any proceeds obtained directly or indirectly as a
result of the violation.
``(b) Civil Penalties.--The Secretary (and officers of the
Department of Commerce specifically designated by the Secretary) may
impose a civil penalty not to exceed $10,000 per violation on any
person violating the provisions of this chapter or any rule,
regulation, or order issued thereunder, except as provided in section
304. Such penalty may be in addition to any other penalty imposed by
law.
``(c) Civil Penalty Procedure.--
``(1) In general.--Whenever 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) Commencement of civil actions.--If any person fails to
pay a civil penalty imposed under this chapter, the Secretary may
request 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 date 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) Remission or mitigation of penalties.--The Secretary may
remit or mitigate any penalties imposed under paragraph (1) if, in
the Secretary's opinion--
``(A) the penalties were incurred without willful
negligence or fraud; or
``(B) other circumstances exist that justify a remission or
mitigation.
``(4) Applicable law for delegated functions.--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) Deposit of payments in general fund of the treasury.--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) By the secretary of commerce.--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) By the commissioner of customs.--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. 1405. ADJUSTMENT OF THRESHOLD AMOUNTS FOR CONGRESSIONAL REVIEW
PURPOSES.
(a) In General.--The Arms Export Control Act is amended--
(1) in section 3(d) (22 U.S.C. 2753(d))--
(A) in paragraphs (1) and (3)(A), by striking ``The
President may not'' and inserting ``Subject to paragraph (5),
the President may not''; and
(B) by adding at the end of the following new paragraph:
``(5) In the case of a transfer to a member country of the North
Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand
that does not authorize a new sales territory that includes any country
other than such countries, the limitations on consent of the President
set forth in paragraphs (1) and (3)(A) shall apply only if the transfer
is--
``(A) a transfer of major defense equipment valued (in terms of
its original acquisition cost) at $25,000,000 or more; or
``(B) a transfer of defense articles or defense services valued
(in terms of its original acquisition cost) at $100,000,000 or
more).'';
(2) in section 36 (22 U.S.C. 2776)--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``(1) In the case
of'' and inserting ``(1) Subject to paragraph (6), in the
case of'';
(ii) in paragraph (5)(C), by striking ``(C) If'' and
inserting ``(C) Subject to paragraph (6), if''; and
(iii) by adding at the end of the following new
paragraph:
``(6) The limitation in paragraph (1) and the requirement in
paragraph (5)(C) shall apply in the case of a letter of offer to sell
to a member country of the North Atlantic Treaty Organization (NATO) or
Australia, Japan, or New Zealand that does not authorize a new sales
territory that includes any country other than such countries only if
the letter of offer involves--
``(A) the sale of major defense equipment under this Act for,
or the enhancement or upgrade of major defense equipment at a cost
of, $25,000,000 or more, as the case may be; and
``(B) the sale of defense articles or services for, or the
enhancement or upgrade of defense articles or services at a cost
of, $100,000,000 or more, as the case may be; or
``(C) the sale of design and construction services for, or the
enhancement or upgrade of design and construction services at a
cost of, $300,000,000 or more, as the case may be.''; and
(B) in subsection (c)--
(i) in paragraph (1), by striking ``(1) In the case
of'' and inserting ``(1) Subject to paragraph (5), in the
case of''; and
(ii) by adding at the end the following new paragraph:
``(5) In the case of an application by a person (other than with
regard to a sale under section 21 or 22 of this Act) for a license for
the export to a member country of the North Atlantic Treaty
Organization (NATO) or Australia, Japan, or New Zealand that does not
authorize a new sales territory that includes any country other than
such countries, the limitations on the issuance of the license set
forth in paragraph (1) shall apply only if the license is for export
of--
``(A) major defense equipment sold under a contract in the
amount of $25,000,000 or more; or
``(B) defense articles or defense services sold under a
contract in the amount of $100,000,000 or more.'';
(3) in section 63(a) (22 U.S.C. 2796b(a))--
(A) by striking ``In the case of'' and inserting ``(1)
Subject to paragraph (2), in the case of''; and
(B) by adding at the end the following new paragraph:
``(2) In the case of an agreement described in paragraph (1) that
is entered into with a member country of the North Atlantic Treaty
Organization (NATO) or Australia, Japan, or New Zealand, the
limitations in paragraph (1) shall apply only if the agreement involves
a lease or loan of--
``(A) major defense equipment valued (in terms of its
replacement cost less any depreciation in its value) at $25,000,000
or more; or
``(B) defense articles valued (in terms of their replacement
cost less any depreciation in their value) at $100,000,000 or
more.''; and
(4) in section 47 (22 U.S.C. 2794), as amended by section
1202(b) of this Act--
(A) by striking ``and'' at the end of paragraph (9);
(B) by striking the period at the end of paragraph (10) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(11) `Sales territory' means a country or group of countries
to which a defense article or defense service is authorized to be
reexported.''.
(b) Licenses for Exports to India and Pakistan.--Section 9001(e) of
the Department of Defense Appropriations Act, Fiscal Year 2000 (Public
Law 106-79) is amended by adding at the end the following: ``The
application of these requirements shall be subject to the dollar amount
thresholds specified in that section.''.
SEC. 1406. CONGRESSIONAL NOTIFICATION OF REMOVAL OF ITEMS FROM THE
MUNITIONS LIST.
Section 38(f)(1) of the Arms Export Control Act (22 U.S.C.
2778(f)(1)) is amended by striking the third sentence and inserting the
following: ``The President may not remove any item from the Munitions
List until 30 days after the date on which the President has provided
notice of the proposed removal to the Committee on International
Relations of the House of Representatives and to the Committee on
Foreign Relations of the Senate in accordance with the procedures
applicable to reprogramming notifications under section 634A(a) of the
Foreign Assistance Act of 1961. Such notice shall describe the nature
of any controls to be imposed on that item under any other provision of
law.''.
TITLE XV--NATIONAL SECURITY ASSISTANCE STRATEGY
SEC. 1501. BRIEFING ON THE STRATEGY.
Not later than March 31, 2003, officials of the Department and the
Department of Defense shall brief the appropriate congressional
committees regarding their plans and progress in formulating and
implementing a national security assistance strategy. This briefing
shall include--
(1) a description of how, and to what extent, the elements of
the strategy recommended in section 501(b) of the Security
Assistance Act of 2000 (22 U.S.C. 2305(b)) have been or will be
incorporated in security assistance plans and decisions;
(2) the number of out-years considered in the strategy;
(3) a description of the actions taken to include the programs
listed in section 501(c) of the Security Assistance Act of 2000 (22
U.S.C. 2305(c)), as well as similar programs of military training
or other assistance to the military or security forces of a foreign
country;
(4) a description of how a national security assistance
strategy is being implemented regarding specific countries;
(5) a description of any programmatic changes adopted or
expected as a result of adopting a strategic approach to security
assistance policymaking;
(6) a description of any obstacles encountered in formulating
or implementing a national security assistance strategy; and
(7) a description of any resource or legislative needs
highlighted by this process.
SEC. 1502. SECURITY ASSISTANCE SURVEYS.
(a) Utilization.--The Secretary should utilize security assistance
surveys in preparation of a national security assistance strategy
pursuant to section 501 of the Security Assistance Act of 2000 (22
U.S.C. 2305).
(b) Funding.--Of the amount made available for the fiscal year 2003
under section 23 of the Arms Export Control Act (22 U.S.C. 2763),
$2,000,000 is authorized to be available to the Secretary to conduct
security assistance surveys, or to request such surveys, on a
reimbursable basis, by the Department of Defense or other United States
Government agencies. Such surveys shall be conducted consistent with
the requirements of section 26 of the Arms Export Control Act (22
U.S.C. 2766).
TITLE XVI--MISCELLANEOUS PROVISIONS
SEC. 1601. NUCLEAR AND MISSILE NONPROLIFERATION IN SOUTH ASIA.
(a) United States Policy.--It shall be the policy of the United
States, consistent with its obligations under the Treaty on the Non-
Proliferation of Nuclear Weapons (21 U.S.T. 483), to encourage and work
with the governments of India and Pakistan to achieve the following
objectives by September 30, 2003:
(1) Continuation of a nuclear testing moratorium.
(2) Commitment not to deploy nuclear weapons.
(3) Commitment not to deploy ballistic missiles that can carry
nuclear weapons and to restrain the ranges and types of missiles
developed or deployed.
(4) Agreement by both governments to bring their export
controls in accord with the guidelines and requirements of the
Nuclear Suppliers Group.
(5) Agreement by both governments to bring their export
controls in accord with the guidelines and requirements of the
Zangger Committee.
(6) Agreement by both governments to bring their export
controls in accord with the guidelines, requirements, and annexes
of the Missile Technology Control Regime.
(7) Establishment of a modern, effective system to control the
export of sensitive dual-use items, technology, technical
information, and materiel that can be used in the design,
development, or production of weapons of mass destruction and
ballistic missiles.
(8) Conduct of bilateral meetings between Indian and Pakistani
senior officials to discuss security issues and establish
confidence-building measures with respect to nuclear policies and
programs.
(b) Further United States Policy.--It shall also be the policy of
the United States, consistent with its obligations under the Treaty on
the Nonproliferation of Nuclear Weapons (21 U.S.T. 483), to encourage,
and, where appropriate, to work with, the Governments of India and
Pakistan to achieve not later than September 30, 2003, the
establishment by those governments of modern, effective systems to
protect and secure their nuclear devices and materiel from unauthorized
use, accidental employment, or theft. Any such dialogue with India or
Pakistan would not be represented or considered, nor would it be
intended, as granting any recognition to India or Pakistan, as
appropriate, as a nuclear weapon state (as defined in the Treaty on the
Non-Proliferation of Nuclear Weapons).
(c) Report.--Not later than March 1, 2003, the President shall
submit to the appropriate congressional committees a report describing
United States efforts to achieve the objectives listed in subsections
(a) and (b), the progress made toward the achievement of those
objectives, and the likelihood that each objective will be achieved by
September 30, 2003.
SEC. 1602. REAL-TIME PUBLIC AVAILABILITY OF RAW SEISMOLOGICAL DATA.
The head of the Air Force Technical Applications Center shall make
available to the public, immediately upon receipt or as soon after
receipt as is practicable, all raw seismological data provided to the
United States Government by any international monitoring organization
that is directly responsible for seismological monitoring.
SEC. 1603. DETAILING UNITED STATES GOVERNMENTAL PERSONNEL TO
INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION
ORGANIZATIONS.
(a) In General.--The Secretary, in consultation with the
Secretaries of Defense and Energy and the heads of other relevant
United States departments and agencies, as appropriate, should develop
measures to improve the process by which United States Government
personnel may be detailed to international arms control and
nonproliferation organizations without adversely affecting the pay or
career advancement of such personnel.
(b) Report Required.--Not later than May 1, 2003, the Secretary
shall submit a report to the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the House of
Representatives setting forth the measures taken under subsection (a).
SEC. 1604. DIPLOMATIC PRESENCE OVERSEAS.
(a) Purpose.--The purpose of this section is to--
(1) elevate the stature given United States diplomatic
initiatives relating to nonproliferation and political-military
issues; and
(2) develop a group of highly specialized, technical experts
with country expertise capable of administering the
nonproliferation and political-military affairs functions of the
Department.
(b) Authority.--To carry out the purposes of subsection (a), the
Secretary is authorized to establish the position of Counselor for
Nonproliferation and Political Military Affairs in United States
diplomatic missions overseas, to be filled by individuals who are
career Civil Service officers or Foreign Service officers committed to
follow-on assignments in the Nonproliferation Bureau or the Political
Military Affairs Bureau of the Department.
(c) Training.--After being selected to serve as Counselor, any
person so selected shall spend not less than 10 months in language
training courses at the Foreign Service Institute, or in technical
courses administered by the Department of Defense, the Department of
Energy, or other appropriate departments and agencies of the United
States, except that such requirement for training may be waived by the
Secretary.
SEC. 1605. COMPLIANCE WITH THE CHEMICAL WEAPONS CONVENTION.
(a) Findings.--Congress makes the following findings:
(1) On April 24, 1997, the Senate provided its advice and
consent to ratification of the Chemical Weapons Convention subject
to the condition, among others, that the President certify that no
sample collected in the United States pursuant to the Convention
will be transferred for analysis to any laboratory outside the
territory of the United States.
(2) Congress enacted the same condition into law as section
304(f)(1) of the Chemical Weapons Convention Implementation Act of
1998 (22 U.S.C. 6724(f)(1)).
(3) Part II, paragraph 57, of the Verification Annex of the
Convention requires that all samples requiring off-site analysis
under the Convention shall be analyzed by at least two laboratories
that have been designated as capable of conducting such testing by
the OPCW.
(4) The only United States laboratory currently designated by
the OPCW is the United States Army Edgewood Forensic Science
Laboratory.
(5) In order to comply with the Chemical Weapons Convention,
the certification submitted pursuant to condition (18) of the
resolution of ratification of the Chemical Weapons Convention, and
the requirements of section 304(f)(1) of the Chemical Weapons
Convention Implementation Act of 1998 (22 U.S.C. 6724(f)(1)), the
United States must possess, at a minimum, a second OPCW-designated
laboratory.
(6) The possession of a second OPCW-designated laboratory is
necessary in view of the potential for a challenge inspection to be
initiated against the United States by a foreign nation.
(7) The possession of a third OPCW-designated laboratory would
enable the OPCW to implement its normal sample analysis procedures,
which randomly assign real and manufactured samples so that no
laboratory knows the origin of a given sample.
(8) To qualify as a designated laboratory, a laboratory must be
certified under ISO Guide 25 or a higher standard and complete
three proficiency tests. The laboratory must have the full
capability to handle substances listed on Schedule 1 of the Annex
on Schedules of Chemicals of the Chemical Weapons Convention. In
order to handle such substances in the United States, a laboratory
also must operate under a bailment agreement with the United States
Army.
(9) Several existing United States commercial laboratories have
approved quality control systems, already possess bailment
agreements with the United States Army, and have the capabilities
necessary to obtain OPCW designation.
(10) In order to bolster the legitimacy of United States
analysis of samples taken on its national territory, it is
preferable that one designated laboratory not be a United States
Government facility.
(b) Establishment of Non-Governmental Designated Laboratory.--
(1) Report.--Not later than March 1, 2003, the United States
National Authority, as designated under section 101 of the Chemical
Weapons Convention Implementation Act of 1998 (22 U.S.C. 6711)
(referred to in this section as the ``National Authority''), shall
submit to the appropriate congressional committees a report
detailing a plan for securing OPCW designation of a nongovernmental
United States laboratory by December 1, 2004.
(2) Directive.--Not later than June 1, 2003, the National
Authority shall select, through competitive procedures, a
nongovernmental laboratory within the United States to pursue
designation by the OPCW.
(3) Delegation.--The National Authority may delegate the
authority and administrative responsibility for carrying out
paragraph (2) to one or more of the heads of the agencies described
in section 101(b)(2) of the Chemical Weapons Convention
Implementation Act of 1998 (22 U.S.C. 6711(b)(2)).
(c) Definitions.--In this section:
(1) Chemical weapons convention or convention.--The term
``Chemical Weapons Convention'' or ``Convention'' means the
Convention on the Prohibition of Development, Production,
Stockpiling and Use of Chemical Weapons and on Their Destruction,
Opened for Signature and Signed by the United States at Paris on
January 13, 1993, including the following protocols and memorandum
of understanding:
(A) The Annex on Chemicals.
(B) The Annex on Implementation and Verification.
(C) The Annex on the Protection of Confidential
Information.
(D) The Resolution Establishing the Preparatory Commission
for the Organization for the Prohibition of Chemical Weapons.
(E) The Text on the Establishment of a Preparatory
Commission.
(2) OPCW.--The term ``OPCW'' means the Organization for the
Prohibition of Chemical Weapons established under the Convention.
TITLE XVII--AUTHORITY TO TRANSFER NAVAL VESSELS
SEC. 1701. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Transfers by Grant.--The President is authorized to transfer
vessels to foreign countries on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j) as follows:
(1) Poland.--To the Government of Poland, the OLIVER HAZARD
PERRY class guided missile frigate WADSWORTH (FFG 9).
(2) Turkey.--To the Government of Turkey, the KNOX class
frigates CAPODANNO (FF 1093), THOMAS C. HART (FF 1092), DONALD B.
BEARY (FF 1085), McCANDLESS (FF 1084), REASONER (FF 1063), and
BOWEN (FF 1079).
(b) Transfers by Sale.--The President is authorized to transfer
vessels to foreign governments and foreign governmental entities on a
sale basis under section 21 of the Arms Export Control Act (22 U.S.C.
2761) as follows:
(1) Mexico.--To the Government of Mexico, the NEWPORT class
tank landing ship FREDERICK (LST 1184).
(2) Taiwan.--To the Taipei Economic and Cultural Representative
Office in the United States (which is the Taiwan instrumentality
designated pursuant to section 10(a) of the Taiwan Relations Act),
the KIDD class guided missile destroyers KIDD (DDG 993), CALLAGHAN
(DDG 994), SCOTT (DDG 995), and CHANDLER (DDG 996).
(3) Turkey.--To the Government of Turkey, the OLIVER HAZARD
PERRY class guided missile frigates ESTOCIN (FFG 15) and SAMUEL
ELIOT MORISON (FFG 13).
(c) 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.
(d) Costs of Transfers on Grant Basis.--Any expense incurred by the
United States in connection with a transfer authorized by this section
shall be charged to the recipient (notwithstanding section 516(e)(1) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(1))) in the case
of a transfer authorized to be made on a grant basis under subsection
(a).
(e) Waiver Authority.--For a vessel transferred on a grant basis
pursuant to authority provided by subsection (a)(2), the President may
waive reimbursement of charges for the lease of that vessel under
section 61(a) of the Arms Export Control Act (22 U.S.C. 2796(a)) for a
period of one year before the date of the transfer of that vessel.
(f) 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 shipyard located in the United States,
including a United States Navy shipyard.
(g) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the two-year period
beginning on the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.