[Congressional Record Volume 148, Number 121 (Monday, September 23, 2002)]
[House]
[Pages H6422-H6470]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     CONFERENCE REPORT ON H.R. 1646

  Mr. HYDE submitted the following conference report and statement on 
the bill (H.R. 1646), to authorize appropriations for the Department of 
State for fiscal years 2002 and 2003, and for other purposes:

                  Conference Report (H. Rept. 107-671)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     1646), to authorize appropriations for the Department of 
     State for fiscal years 2002 and 2003, and for other purposes, 
     having met, after full and free conference, have agreed to 
     recommend and do recommend to their respective Houses as 
     follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment to the text and an amendment to the title as 
     follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     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.

[[Page H6423]]

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.

[[Page H6424]]

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.

   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.

[[Page H6425]]

       (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,

[[Page H6426]]

     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.''.

[[Page H6427]]

     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

[[Page H6428]]

     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.

[[Page H6429]]

     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

[[Page H6430]]

     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 
     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

[[Page H6431]]

       (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),

[[Page H6432]]

     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:

``7.5.....................................  After December 31, 2000.''
 

       (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

[[Page H6433]]

     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:

[[Page H6434]]

       ``(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

[[Page H6435]]

     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

[[Page H6436]]

     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).

[[Page H6437]]

       (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).

[[Page H6438]]

       (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--

[[Page H6439]]

       (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

[[Page H6440]]

     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

[[Page H6441]]

     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--

[[Page H6442]]

       (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.

[[Page H6443]]

       (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.''.

[[Page H6444]]

     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:

[[Page H6445]]

       ``(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.

[[Page H6446]]

       (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--

[[Page H6447]]

       (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.
   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

[[Page H6448]]

       (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

[[Page H6449]]

     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.

[[Page H6450]]

       (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

[[Page H6451]]

     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.

[[Page H6452]]

     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.
       And the Senate agree to the same.
       Amend the title so as to read: ``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.''.
       And the Senate agree to the same.

     From the Committee on International Relations, for 
     consideration of the House bill and the Senate amendment, and 
     modifications committed to conference:
     Henry Hyde,
     Christopher H. Smith,
     Tom Lantos,
     Howard L. Berman,
     Ileana Ros-Lehtinen,
     From the Committee on the Judiciary for consideration of 
     sections 234, 236, 709, 710, and 844 and section 404 of the 
     Senate amendment, and modifications committed to conference:

[[Page H6453]]

     F. James Sensenbrenner,
     John Conyers, Jr.,
                                Managers on the Part of the House.

     Joe Biden,
     Paul S. Sarbanes,
     Chris Dodd,
     John F. Kerry,
     Jesse Helms,
     Dick Lugar,
     Chuck Hagel,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 1646) to authorize 
     appropriations for the Department of State for fiscal years 
     2002 and 2003, and for other purposes, submit the following 
     joint statement in the House and the Senate in explanation of 
     the effect of the action agreed upon by the managers and 
     recommended in the accompanying conference report:

        Foreign Relations Authorization Act for Fiscal Year 2003

                Title I--Authorization of Appropriations

     Sec. 111. Administration of Foreign Affairs
       This section authorizes appropriations under the heading 
     ``Administration of Foreign Affairs'' for fiscal year 2003. 
     This section authorizes a total of $4,970,890,000 for fiscal 
     year 2003.
       Sec. 111(a)(1) Diplomatic and Consular Programs. This 
     section authorizes $4,030,023,000 for fiscal year 2003. Of 
     the amounts authorized by this section $564,000,000 is for 
     worldwide security upgrades; $20,000,000 is for the Bureau of 
     Democracy, Human Rights and Labor; and $2,000,000 is for 
     recruitment of minority groups.
       Sec. 111(a)(2) authorizes $200,000,000 for fiscal year 2003 
     for the Capital Investment Fund.
       Sec. 111(a)(3) authorizes $555,000,000 for fiscal year 2003 
     for Embassy Security, Construction and Maintenance. These 
     funds are in addition to funds authorized to be appropriated 
     for this purpose by section 604 of the Admiral James W. Nance 
     and Meg Donovan Foreign Relations Authorization Act FY 2000 
     and 2001.
       Sec. 111(a)(4) authorizes $9,000,000 for fiscal year 2003 
     for Representation Allowances.
       Sec. 111(a)(5) authorizes $11,000,000 for fiscal year 2003 
     for Protection of Foreign Missions and Officials.
       Sec. 111(a)(6) authorizes $15,000,000 for fiscal year 2003 
     for Emergencies in the Diplomatic and Consular Service.
       Sec. 111(a)(7) authorizes $1,250,000 in fiscal year 2003 
     for Repatriation Loans.
       Sec. 111(a)(8) authorizes $18,817,000 for fiscal year 2003 
     for Payment to the American Institute in Taiwan.
       Sec. 111(a)(9) authorizes $30,800,000 for fiscal year 2003 
     for the Office of the Inspector General.
       Subsection (b) provides that funds authorized by subsection 
     (a)(5) are authorized to remain available until September 30, 
     2004.
     Sec. 112. United States educational, cultural, and public 
         diplomacy programs
       This section authorizes appropriations totaling 
     $260,000,000 for fiscal year 2003 for Fulbright and other 
     educational and cultural exchange programs.
       Sec. 112(1)(A) authorizes $135,000,000 for Fulbright 
     Academic Exchange Programs. Of the amounts authorized, 
     $5,000,000 is authorized for the Vietnam Fulbright Academic 
     Exchange Program. Also of the amounts authorized, $1,000,000 
     is for the New Century Scholars Initiative--HIV/AIDS.
       Sec. 112(1)(B) authorizes $125,000,000 for fiscal year 2003 
     for other educational and cultural exchange programs. Of the 
     amounts authorized, $500,000 is for Tibetan Exchanges, 
     $500,000 is for East Timorese Scholarships, $500,000 is for 
     Montenegro Parliamentary Development, $750,000 is for South 
     Pacific Exchanges, $750,000 is for the Israel-Arab Peace 
     Partners Program and, $500,000 is for Sudanese scholarships.
     Sec. 112(2) National Endowment for Democracy
       Authorizes $42,000,000 for fiscal year 2003 for the 
     National Endowment for Democracy. Of the amounts authorized, 
     $1,000,000 is available for Reagan-Fascell Democracy Fellows.
     Sec. 112(3) East-West Center
       Authorizes $15,000,000 for fiscal year 2003 for the East-
     West Center.
     Sec. 112(4) North-South Center
       Authorizes $2,500,000 for fiscal year 2003 for the North-
     South Center.
     Sec. 113. Contributions to international organizations
       Sec. 113(a) authorizes $891,378,000 for fiscal year 2003 
     for assessed contributions to international organizations.
       Sec. 113(b) authorizes $725,981,000 for fiscal year 2003 
     for assessed contributions to international peacekeeping.
       Sec. 113(c), (d), (e). These sections include restrictions 
     or limits on UN funding for framework treaties, technical 
     provisions regarding foreign currency exchange rates, and 
     refunds of excess contributions to international 
     organizations which have been carried in previous Acts.
     Sec. 114. International commissions
       Authorizes $66,385,000 for fiscal year 2003 for U.S. 
     contributions to the International Boundary and Water 
     Commission, United States and Mexico; the International 
     Boundary Commission, United States and Canada; the 
     International Joint Commission; and the International 
     Fisheries Commission. These funds enable the United States to 
     meet its obligations as a participant in international 
     commissions including those dealing with American boundaries 
     and related matters with Canada and Mexico and international 
     fisheries commissions.
     Sec. 115. Migration and Refugee Assistance
       Authorizes $820,000,000 for fiscal year 2003 for Migration 
     and Refugee Assistance. This section enables the Secretary of 
     State to provide assistance and make contributions 
     for migrants and refugees, including contributions to 
     international organizations such as the United Nations 
     High Commissioner for Refugees and the International 
     Committee for the Red Cross, and through private volunteer 
     agencies, governments, and bilateral assistance, as 
     authorized by law.
       This section also includes subauthorizations for Tibetan 
     refugees in India and Nepal, refugees resettling in Israel, 
     and humanitarian assistance for displaced Burmese.
     Sec. 116. Grants to the Asia Foundation
       Authorizes $15,000,000 for fiscal year 2003 for grants to 
     the Asia Foundation.
       Mobile library. The Managers take note of the actions taken 
     by the U.S. Interests Section in Havana, Cuba to use a 
     portion of the funds allocated for outreach to independent 
     organizations inside the island and expansion of independent 
     libraries, to establish a mobile library that will ensure 
     broader distribution of approved materials to pro-democracy 
     forces throughout the island.


    Subtitle B--United States International Broadcasting Activities

     Sec. 121. Authorization of appropriations
       Sec. 121(a)(1) authorizes $485,823,000 for fiscal year 2003 
     for international broadcasting operations. Of the amounts 
     authorized, $35,000,000 is authorized for Radio Free Asia.
       Sec. 121(2) authorizes $13,740,000 for fiscal year 2003 for 
     Broadcasting Capital Improvements.
       Sec. 121(3) authorizes $25,923,000 for fiscal year 2003 for 
     Broadcasting to Cuba.
       Sec. 121(b) continues authorization for broadcasting to the 
     PRC and neighboring countries.
       Sec. 121(c) authorizes an additional $20,000,000 for fiscal 
     year 2003 for the Middle East Radio Network of Voice of 
     America.
       Mobile library. The Managers take note of the actions taken 
     by the U.S. Interests Section in Havana, Cuba to use a 
     portion of the funds allocated for outreach to independent 
     organizations inside the island and expansion of independent 
     libraries, to establish a mobile library that will ensure 
     broader distribution of approved materials to pro-democracy 
     forces throughout the island.

        Title II--Department of State Authorities and Activities

     Sec. 201. Emergency evacuation services
       Under current law, the State Department has authority to 
     use appropriated funds to evacuate private U.S. citizens (and 
     accompanying dependents or guardians), as well as third-
     country nationals, when their lives are endangered by war, 
     civil unrest, or natural disaster. This section clarifies the 
     Department's authority to retain reimbursements for emergency 
     evacuation services from private U.S. citizens and third-
     country nationals.
     Sec. 202. Special agent authorities
       This section makes three changes to the authorities of 
     Diplomatic Security (DS) Agents. First, paragraph (1) gives 
     such agents authority to obtain and execute search and arrest 
     warrants as well as obtain and serve subpoenas and summonses 
     issued under the authority of the United States. Under 
     current law, agents may exercise these authorities only for 
     offenses involving passport and visa cases. This limitation 
     may handicap agents, for example, who are carrying out their 
     protective functions in a situation in which an individual 
     wanted on a federal warrant poses a threat to the protected 
     person. The broader authority provided in this section is 
     similar to authority possessed by numerous law enforcement 
     agents throughout the federal government. Paragraph (2) makes 
     a technical correction to section 37(a) of the State 
     Department Basic Authorities Act to make clear that a 
     Secretary of State named by a ``President-elect'' is entitled 
     to protection by Diplomatic Security agents. Paragraph (3) 
     gives DS agents the authority to make arrests without warrant 
     for any federal offense committed in their presence, or for 
     any felony cognizable under the law of the United States if 
     the agents have reasonable grounds to believe that the person 
     has committed or is committing such felony. Under current 
     law, agents may exercise this authority in limited 
     circumstances. As with paragraph (1), this provision gives DS 
     agents the same authority granted to numerous other federal 
     law enforcement agents.
       Subsection (b) provides that the exercise of certain 
     authorities contained in section 37(a) of the State 
     Department Basic Authorities Act shall be subject to an 
     agreement with the Attorney General, the Secretary of State, 
     and the Secretary of the Treasury.
       Subsection (c) provides that the authorities in paragraph 2 
     and 5 of such subsection may not be exercised until the 
     Secretary of State submits the agreement described above to 
     the appropriate committees and publishes a notice in the 
     Federal Register.
     Sec. 203. International Litigation Fund
       This section allows the State Department to be reimbursed 
     for costs associated with

[[Page H6454]]

     representing American citizens or companies in international 
     claims. The section would allow the Department to deduct and 
     retain 1.5% of payments of at least $100,000 up to $5 
     million, and 1% of payments above $5 million received by the 
     Department from foreign governments or foreign entities as a 
     result of the Department's pursuit of claims on behalf of 
     U.S. citizens or others. The funds so retained would be 
     placed into the International Litigation Fund, which was 
     established by Congress in 1994 to provide a dependable and 
     flexible source of funds for expenses relating to preparing 
     or prosecuting a proceeding before an international tribunal, 
     or a claim by or against a foreign government or other 
     foreign entity. The Fund has no dedicated source of money; 
     rather, it is dependent on voluntary contributions, transfers 
     from other agencies, or reprogrammings. Similar deductions 
     are taken from Iran-U.S. Claims Tribunal awards of the 
     Foreign Claims Settlement Commission.
     Sec. 204. State Department records of overseas deaths of U.S. 
         citizens from unnatural causes
       This section requires the Secretary of State to collect 
     certain information regarding the deaths of U.S. citizens 
     when those deaths result from non-natural causes. This 
     information will be maintained in a data base on a country-
     by-country basis and will be available to the public.
       This section is intended to provide specific information to 
     potential travelers about deaths of American citizens 
     overseas when those deaths result from non-natural causes. 
     The current Consular Information Sheets tend to warn of 
     generalized dangers, such as ``Several tourists have been 
     killed or injured in jet-ski accidents, particularly when 
     participating in group tours.'' The information provided 
     must be specific enough to alert the U.S. public to 
     potential dangers to enable the reader to make an informed 
     decision. The Managers intend that this section will be 
     applied in a manner consistent with the Privacy Act. The 
     section requires that the information be gathered to the 
     ``maximum extent practicable.'' This should be read as a 
     rule of reason. Consular officials should gather 
     information from reports presented directly to them, from 
     media reports, and from other sources. They are not 
     required, for the purposes of this section, to engage in 
     exhaustive investigations.
     Sec. 205. Foreign relations historical series
       This provision makes two amendments to increase reporting 
     to Congress on the implementation of Title IV of the State 
     Department Basic Authorities Act, relating to the Foreign 
     Relations of the United States Historical Series. In 1991, 
     Congress enacted Title IV out of concern for the timeliness 
     and historical accuracy of the series, and mandated that it 
     be a ``thorough, accurate and reliable documentary record of 
     major U.S. foreign policy decisions and significant U.S. 
     diplomatic activity.'' Title IV requires, among other things, 
     that the Secretary ensure that volumes in the series be 
     published not more than 30 years after the events recorded. A 
     decade after the law was enacted, the Department remains out 
     of compliance with this provision. These reporting 
     requirements will facilitate oversight by Congress of 
     implementation of Title IV.
     Sec. 206. Expansion of eligibility for award of certain 
         construction contracts
       This section would amend eligibility limitations for award 
     of certain contracts for construction, alteration, or repair 
     of State Department buildings and grounds abroad. Currently, 
     bidder qualifications are determined on the basis of 
     nationality of ownership, evidence that the bidder has 
     performed similar construction work in the United States, and 
     other criteria. The amendment would modify the ``similar 
     construction work'' criterion to include work performed at a 
     U.S. diplomatic or consular establishment abroad, thus 
     enlarging the pool of potentially qualified bidders.
     Sec. 207. International Chancery Center
       This section amends section 1 of the International Center 
     Act to establish an account in the Treasury into which 
     advances from foreign governments and international 
     organizations may be deposited and whose proceeds may be 
     invested in public debt obligations. Currently, such advances 
     are held in a public bank account.
     Sec. 208. Travel to Great Lakes fisheries meetings
       This section makes a change to the Great Lakes Fishery Act 
     of 1956 to increase from 5 to 10 the number of government 
     officials permitted to travel to the annual meeting. This 
     section is needed to reflect a change in the meeting 
     structure for the Great Lakes Fisheries Commission (GLFC), 
     which promotes environmental protection and economic 
     development among the Great Lakes member states and Canada. 
     When section 4 of the Great Lakes Fisheries Act of 1956 was 
     originally enacted, the GLFC held two annual meetings per 
     year with five members of the Great Lakes Fisheries Advisory 
     Committee attending each meeting. The GLFC now holds only one 
     annual meeting. This provision will permit the State 
     Department to fund the travel of up to 10 members of the 
     advisory committee to the one annual meeting.
     Sec. 209. Correction of Fishermen's Protective Act of 1967
       This section makes a technical correction to section 7 of 
     the Fishermen's Protective Act of 1967 (P.L. 83-680), which 
     was enacted to deter foreign governments from seizing U.S. 
     commercial fishing vessels based on claims to a fisheries 
     jurisdiction not recognized by the United States. One of the 
     State Department's primary responsibilities under the Act is 
     to administer funds from which reimbursement could be sought 
     by U.S. vessel owners. Recent amendments erroneously 
     transferred certain responsibilities from the Secretary of 
     the Interior to the Secretary of Commerce, rather than to the 
     Secretary of State.
     Sec. 210. Use of funds received by International Boundary and 
         Water Commission
       This provision permits the U.S. Section of the 
     International Boundary and Water Commission to receive 
     reimbursements from the North American Development Bank and 
     the Border Environment Cooperation Committee.
     Sec. 211. Fee collections relating to intercountry adoptions 
         and affidavits of support
       This section amends Section 403 of the Intercountry 
     Adoption Act of 2000 and Section 232 of the Foreign Relations 
     Authorization Act, Fiscal Years 2000 and 2001. These 
     amendments permit the expenditure of funds collected by the 
     Department under those statutory provisions.
     Sec. 212. Annual reports on compliance with the Hague 
         Convention on the civil aspects of international child 
         abduction
       This section makes permanent the reporting requirement 
     enacted in Section 2803(a) of the Foreign Affairs Reform and 
     Restructuring Act of 1998 pertaining to compliance with the 
     Hague Convention on the Civil Aspects of International Child 
     Abduction.
       The Managers are alarmed by the State Department's 
     continuing lack of success in serious child abduction cases 
     involving Germany, Sweden and many other countries. Success 
     should be determined by whether the reunion of left-behind 
     parent and abducted child has occurred. Establishment of 
     child abduction commissions, study groups and other bodies 
     are no substitute for reunions.
       The State Department's performance in assisting Americans 
     whose children have been wrongfully taken or retained abroad 
     is hampered by the lack of involvement and personal diplomacy 
     by chiefs of mission. It is also hampered by relegation of 
     consular issues to a second tier of importance by Department 
     and embassy Managers. This must change.
       The Managers expect that the annual report will address the 
     primary issue as to whether a parent-child reunion occurred 
     as a separate and distinct matter from the issue of whether 
     the case has been resolved. The Managers also expect that the 
     State Department's child abduction report will be made 
     available on the State Department's web page. The report 
     should also be disseminated to all state and local 
     governments, to ensure that child abduction issues are 
     taken into account by these authorities as appropriate.
       The Managers considered amending the child abduction 
     reporting requirement in order to address concerns raised 
     regarding previous reports. However, the Managers decided to 
     simply extend the requirement for a report indefinitely, with 
     the expectation that the State Department will respond to the 
     concerns stated above.
     Sec. 213. Repeal of provision regarding housing for foreign 
         agricultural attache
       This section repeals Section 738 of the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2001 (P.L. 106-387) limiting the 
     authority of the State Department to sell overseas property.
     Sec. 214. United States policy with respect to Jerusalem as 
         the capital of Israel
       This section contains four provisions related to the 
     recognition of Jerusalem as Israel's capital. It urges the 
     President to immediately begin the process of relocating the 
     U.S. Embassy in Israel to Jerusalem. It bars the use of funds 
     for the operation of the U.S. consulate in Jerusalem unless 
     the consulate is under the supervision of the U.S. Ambassador 
     to Israel. It denies funds for the publication of official 
     U.S. government documents listing capital cities unless they 
     identify Jerusalem as the capital of Israel. Finally, it 
     allows U.S. citizens born in Jerusalem to have Israel listed, 
     upon request, as their place of birth on passports.
     Sec. 215. Report concerning efforts to promote Israel's 
         diplomatic relations with other countries
       This section requires the Secretary of State to submit a 
     report concerning United States efforts to promote Israel's 
     diplomatic relations with other countries. The report is 
     required not later than 60 days after the date of the 
     enactment of this Act.
     Sec. 216. Continuation of reporting requirements
       This section continues reports initially enacted in 1998 
     relating to Saudi claims, the implementation of the LIBERTAD 
     Act, and deaths of Americans by terrorist activities.


  Subtitle B--Educational, Cultural, and Public Diplomacy Authorities

     Sec. 221. Fulbright-Hays authorities
       This provision amends subsection 112(d) of the Mutual 
     Educational and Cultural Exchange Act of 1961, as amended 
     (``Fulbright-Hays Act''), to clarify that the Bureau of 
     Educational and Cultural Affairs may administer programs 
     authorized by several other Acts to the extent such programs 
     are consistent with the purposes of the Fulbright-Hays Act.

[[Page H6455]]

     Sec. 222. Extension of requirement for scholarships for 
         Tibetans and Burmese
       This section extends the authorization for the exchange and 
     scholarship programs for Tibetan and Burmese exiles 
     (contained in Public Law 104-319) through fiscal year 2003.
     Sec. 223. Plan related to public diplomacy activities
       This section requires the Secretary of State to submit a 
     plan for integrating public diplomacy policy into overall 
     policy formulation and implementation, for improving 
     coordination and communication between public diplomacy 
     officers and the State Department's regional bureaus, and 
     between public diplomacy officers and the Under Secretary of 
     State for Public Diplomacy. At present, public diplomacy 
     considerations are not always adequately addressed in the 
     formulation and implementation of policy, policy coordination 
     is minimal, and public diplomacy officers lack direct 
     channels of communication to the Assistant Secretaries in the 
     regional bureaus or to the Under Secretary for Public 
     Diplomacy.
     Sec. 224. Advisory Committee on Cultural Diplomacy
       This section establishes, on a temporary basis, an advisory 
     committee on cultural diplomacy to assist the Undersecretary 
     for Public Diplomacy and the Assistant Secretary for 
     Educational and Cultural Affairs in devising initiatives to 
     expand such programming and increase the use of public-
     private partnerships to fund such programming. The conference 
     committee believes that expansion of cultural diplomacy--the 
     presentation of creative, visual and performing arts abroad--
     could have significant benefits to U.S. diplomacy. 
     Unfortunately, direct funding for such programs has declined 
     considerably in recent years. Under Section 105(f) of the 
     Fulbright-Hays Act, the Department has authority to accept 
     funds from the private sector for such activities. The 
     Managers urge the Department and the Advisory Committee to 
     explore ways of increasing private sector support for such 
     programming. The Managers urge the Secretary to consider 
     candidates nominated by organizations such as the National 
     Assembly of State Art Agencies, the Association of Performing 
     Arts Presenters, and Americans for the Arts.
     Sec. 225. Allocation of funds for ``American Corners'' in the 
         Russian Federation
       This section authorizes $500,000 for fiscal year 2003 for 
     ``American Corners'' centers in host libraries in the Russian 
     Federation. A number of such centers already exist. The 
     Managers believe that the inclusion of information about 
     United States history, government, culture and values in 
     Russian libraries and access to computers and the Internet in 
     these centers will enhance U.S. programs of assistance and 
     increase Russian citizens' awareness about the United States.
     Sec. 226. Report relating to Commission on Security and 
         Cooperation in Europe
       This section rewrites and updates a current reporting 
     requirement of the Department of State to the Commission on 
     Security and Cooperation in Europe, a joint Executive-
     Congressional commission.
     Sec. 227. Amendments to the Vietnam Education Foundation Act 
         of 2000
       This section makes technical amendments to the Vietnam 
     Education Foundation Act of 2000, including clarification of 
     the duties of the Foundation's Board of Directors and the 
     status and tenure of its members.
     Sec. 228. Ethical issues in international health
       This section requires the Secretary to fund 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). 
     Subsection (b) requires the Secretary to coordinate such 
     programs that may be conducted by USAID and other federal 
     agencies. The Managers intend that these exchanges will 
     help develop expertise in countries where pharmaceutical 
     companies conduct human and other trials so that the 
     developing country has the ability to evaluate the design 
     of such trials.
     Sec. 229. Conforming amendments
       This section contains several technical and conforming 
     amendments which were overlooked in recent Foreign Relations 
     Authorization Acts.


                    Subtitle C--Consular Authorities

     231. Report on visa issuance to inadmissable aliens
       Under current law, the Department of State reports to 
     Congress periodically about non-immigrant visa applications 
     which are refused because the applicant is ineligible under 
     section 212(a)(3) of the Immigration and Nationality Act, 
     relating to security and other grounds. This section adds a 
     requirement that the Department report twice a year on visas 
     issued pursuant to waivers of ineligibility under Section 
     212(a)(3), including so-called ``silent'' waivers. As with 
     the current report under Section 51(a) of the Basic 
     Authorities Act, this report may be submitted in classified 
     form.
     Sec. 232. Denial of entry into United States of Chinese and 
         other nationals engaged in coerced organ or bodily tissue 
         transplantation
       This section prohibits the issuance of a U.S. visa and the 
     entry into the United States to any person who has been 
     directly involved with the coercive transplantation of human 
     organs or bodily tissue unless there are substantial grounds 
     for believing that this individual has discontinued his or 
     her involvement with, and support for, such practices. The 
     visa denial must be based upon ``credible and specific 
     information.'' The prohibition does not apply to a head of 
     state, head of government, or cabinet-level minister. The 
     provision may be waived by the Secretary of State when it is 
     in the national interest to do so. The Managers are concerned 
     about continued reports of involuntary organ harvesting in 
     nations such as the People's Republic of China. A recent 
     study by the Laogai Research Foundation suggests that a 
     number of Chinese doctors who have received specialized 
     medical training in the United States may have been involved 
     in the practice of harvesting organs from executed prisoners 
     without permission from the potential donors or their 
     families.
     Sec. 233. Processing of visa applications
       This section states that (1) it shall be the policy of the 
     State Department to process visa applications of immediate 
     relatives and fiances of U.S. citizens within 30 days of 
     receiving all necessary documents; and (2) it should be the 
     policy of the Department to process applications sponsored by 
     someone other than an immediate relative within 60 days.
     Sec. 234. Machine readable visas
       This section provides a cap on the use of funds collected 
     by the State Department for machine readable visas for fiscal 
     year 2003. Funds exceeding $460 million may only be used 
     subject to reprogramming.


                   Subtitle D--Migration and Refugees

     Sec. 241. Prohibition on funding the involuntary return of 
         refugees
       Subsection 241(a) makes permanent a provision of current 
     law contained in previous Foreign Relations Authorization 
     Acts prohibiting the use of funds appropriated to the State 
     Department for the involuntary return of refugees to 
     countries in which they have a well-founded fear of 
     persecution, except on grounds recognized as precluding 
     refugee protection under the 1951 Convention and 1967 
     Protocol. The provision does not prohibit funding for the 
     return of persons who had been found to be non-refugees by a 
     process genuinely calculated to identify and protect 
     refugees.
       Subsection 241(b) requires that notice be given to the 
     appropriate congressional committees prior to use of funds 
     appropriated to the State Department for the involuntary 
     return of any person. The subsection provides a limited 
     exception in cases where prior notice is impracticable due to 
     an emergency involving a threat to human life. The notice 
     provision provides an opportunity for congressional oversight 
     to ensure that the prohibition on funding the return of 
     refugees is strictly observed. The managers recognize that 
     activities described in this section may require expedition 
     and that the notice required by this section may therefore be 
     provided in whatever way is most appropriate under the 
     circumstances. The notice required by this section may be 
     written or oral, may be provided whether or not Congress is 
     in session, and in appropriate cases may be provided in 
     classified form. The notice provision does not require the 
     Department to delay any return pending congressional approval 
     or review.
       Subsection(c) makes clear that the provisions of this 
     section do not apply to the return of persons pursuant to 
     removal proceedings under the Immigration and Nationality Act 
     or to extradition proceedings, because the law governing 
     these activities provides adequate protections for persons 
     subject to these proceedings, including an opportunity to be 
     heard on any claim that he or she would face persecution upon 
     return.
       Subsection (d) defines ``effect the involuntary return'' as 
     requiring by means of physical force or circumstances 
     amounting to a threat thereof a person to return to a country 
     against his or her will, regardless of whether the person is 
     present in the U.S. and regardless of whether the U.S. acts 
     directly or through an agent. The language ``regardless of 
     whether the United States acts directly or through an agent'' 
     applies to situations in which the United States contracts 
     with, makes arrangements with, or funds another government or 
     an organization to carry out a project or activity on its 
     behalf. The Managers do not intend it to apply to situations 
     in which the United States contributes funds to another 
     government or an organization as part of a general or special 
     appeal or program and in which United States funds will be 
     commingled with those of other contributors.
       This provision applies only to funds appropriated to the 
     Department including the Diplomatic and Consular Programs 
     account and the International Narcotics Control and Law 
     Enforcement account. It does not apply to any funds 
     transferred to the Department from other federal agencies. 
     However, the Managers expect that the Department will 
     notify the appropriate congressional committees as soon as 
     practicable of any case in which the Department uses 
     transferred funds to effect involuntary returns, so that 
     the committees may decide whether further legislation is 
     necessary.
     Sec. 242. U.S. membership in the International Organization 
         for Migration
       This section provides Congressional approval of certain 
     amendments to the constitution of the International 
     Organization for Migration (IOM). These amendments were 
     adopted in 1998 by the IOM governing body, of which the 
     United States is a member. The proposed amendments to the IOM

[[Page H6456]]

     constitution concern four issues of internal IOM governance.
     Sec. 243. Report on overseas refugee processing
       This section requires a report on overseas processing of 
     refugees for admission to the United States. In particular, 
     the report should assess the needs of refugees who do not 
     currently have access to U.S. resettlement programs, despite 
     the dramatic decline in U.S. refugee admissions over the last 
     decade. With respect to refugee groups and profiles that 
     should be carefully considered in connection with the 
     preparation of this report, the Managers adopt by reference 
     the explanatory material for section 252 in the House 
     International Relations Committee report (107-57) on H.R. 
     1646.

    Title III--Organization and Personnel of the Department of State


                   Subtitle A--Organizational Matters

     Sec. 301. Comprehensive workforce plan
       This section requires the State Department to submit to 
     Congress a comprehensive workforce plan within 6 months of 
     the date of enactment. It also requires that the Department 
     develop within 1 year of the date of enactment a domestic 
     staffing model to assist in determining workforce needs in 
     future years. The Managers are concerned that the Department 
     has failed to devote sufficient attention to workforce 
     planning. In particular, the Managers are dismayed at the 
     Department's apparent inability to match staffing 
     requirements to meet the policy needs of overseas posts and 
     stateside offices. This requires dramatically improved 
     coordination between the post mission plans, the regional 
     bureaus policy priorities, and the Bureau of Personnel.
     Sec. 302. ``Rightsizing'' overseas posts
       This section requires the Department to establish both an 
     internal and an interagency task force to review issues of 
     overseas staffing presence. This follows through on numerous 
     reports, including that of the Overseas Presence Advisory 
     Panel, that details the need to ``right size'' overseas 
     posts--i.e., staffing the post to the mission. Reports on the 
     progress of each of these task forces are required.
     Sec. 303. Qualifications of certain officers of the 
         Department of State
       This section amends Section 1 of the State Department Basic 
     Authorities Act of 1956 to require the officer with primary 
     responsibility for international narcotics and law 
     enforcement, or that officer's principal deputy, to have 
     substantial professional qualifications in the fields of 
     management and Federal law enforcement or international 
     narcotics policy.


                     Subtitle B--Personnel Matters

     Sec. 311. Thomas Jefferson Star for Foreign Service
       In 1999, Congress created the ``Foreign Service Star'' to 
     honor U.S. government employees killed or wounded in the line 
     of duty overseas. This provision amends the name of the award 
     to ``Thomas Jefferson Star for Foreign Service.'' The change 
     was requested by the State Department. The award is 
     authorized for all personnel serving at overseas missions.
     Sec. 312. Presidential Rank Awards
       This provision amends the Foreign Service Act of 1980 in 
     order to restore parity between Senior Foreign Service and 
     Senior Executive Service Presidential Awards. This parity was 
     lost upon enactment of a provision in the FY 1999 Treasury 
     and General Government Appropriations Act which altered the 
     system for awards to senior executives in the civil service, 
     but neglected to make a similar change for Senior Foreign 
     Service Officers.
     Sec. 313. Foreign Service National Savings Fund
       This section amends Section 408 of the Foreign Service Act 
     to explicitly authorize the Department of the Treasury to 
     hold foreign national retirement funds and accumulated 
     interest. Section 408 provides that the employees hired by 
     the Department and other agencies overseas are compensated 
     based on prevailing wage rates and compensation practices to 
     the extent consistent with public interest. In particular, 
     section 408 explicitly provides the authority for such 
     agencies and their locally engaged staff to make payments to 
     a trust or other fund in a financial institution in order to 
     finance future benefits for such staff. The Department 
     believes that having the Department of Treasury act as a 
     financial institution to hold the funds contributed by the 
     agencies and their locally engaged staff (i.e., the funds 
     contributed based on prevailing practice or the funds 
     voluntarily contributed by the locally engaged staff) would 
     provide a safe and secure means of ensuring the overseas 
     staff's retirement needs are adequately met.
     Sec. 314. Clarification of separation for cause
       This section revises section 610 of the Foreign Service Act 
     of 1980, related to separation from the Service for cause, to 
     make the provision more comprehensible. Several recent 
     amendments to Section 610 have necessitated this change. This 
     section is not intended to make substantive changes to 
     Section 610.
     Sec. 315. Dependents on family visitation travel
       This section provides Foreign Service families who are 
     separated because of an assignment to an unaccompanied post 
     greater flexibility in arranging authorized family visits. 
     Currently only the Foreign Service Officer may travel to 
     visit family within a certain dollar limitation. This 
     provision would allow for other family members to be 
     authorized to travel in order to meet on authorized family 
     visits at locations other than their home leave addresses.
     Sec. 316. Health education and disease prevention programs
       This section amends Section 904(b) of the Foreign Service 
     Act of 1980 in order that the Department may better allow its 
     medical professionals to provide counseling and educational 
     materials to foreign national employees of U.S. missions 
     concerning diseases to which they are exposed but that may 
     not be attributable to the workplace. The Office of Medical 
     Services currently provides on-the-job illness and injury 
     services for locally-engaged staff. This provision permits 
     the Department to provide health information and counseling. 
     This is not intended to include any activities contrary to 
     U.S. government policy on family planning.
     Sec. 317. Correction of time limitations for grievance filing
       This section amends section 1104(a) of the Foreign Service 
     Act of 1980 to correct a drafting error made in the most 
     recent Foreign Relations Authorization Act (P.L. 106-113). 
     This is a technical correction. The literal requirement of 
     the 1999 amendment--that a grievance involving a supervisor 
     be filed ``in no case less than two years after the 
     occurrence giving rise to the grievance''--imposes a waiting 
     period, contrary to the intent of Congress.
     Sec. 318. Training authorities
       This section would make permanent a pilot program 
     authorized in 1998 at the Foreign Service Institute (FSI) 
     which permitted the FSI to provide, on a reimbursable or 
     advance-of-funds basis, appropriate training and related 
     services to employees of U.S. companies which do business 
     abroad, and to family members of such employees, when such 
     training is in the national interest. The pilot program also 
     authorized training, on a reimbursable basis, to Members of 
     Congress or the Judiciary and employees of the legislative 
     and judicial branches. This section requires a report every 
     other year, so Congress can monitor the situation and ensure 
     that such training is not interfering with the primary 
     mission of the FSI.
     Sec. 319. Unaccompanied air baggage
       This section relates to unaccompanied air baggage of 
     dependent personnel. Under current law, dependent children 
     (of government personnel) on educational travel are allowed 
     to ship up to 250 pounds of baggage between the United States 
     and the employee's post. The law, however, does not cover any 
     storage of effects. Thus, students often spend much of the 
     summer without their baggage because it is in transit either 
     to or from the post. The provision would allow dependent 
     children who attend school in the United States the option of 
     either leaving their belongings in short-term commercial 
     storage in the United States, if there is no additional cost, 
     instead of shipping their baggage to post. Local storage is a 
     common-sense alternative.
     Sec. 320. Emergency medical advance payments
       In 1999, Congress provided agencies the authority to 
     advance up to three months' pay to an employee assigned or 
     located outside of the United States on government 
     authorization (i.e., on temporary duty), when the employee or 
     family member must undergo certain medical treatments abroad. 
     Such authority is extended to foreign national employees and 
     non-family member United States citizen employees hired 
     abroad when such individuals need medical care while they are 
     located outside their country of employment on U.S. 
     Government authorization.
     Sec. 321. Retirement credit for certain government service 
         preformed abroad
       Because of changes made in 1986 to federal retirement law, 
     individuals who worked for the Department of State in U.S. 
     missions abroad under part-time, intermittent or temporary 
     (``PIT'') appointments after January 1, 1989, were not 
     eligible to pay into a federal retirement system for that 
     service, or receive credit for that service, in order to 
     improve their future retirement situations. The Department of 
     State amended its regulations in 1998 to cover PIT 
     appointees. The amendment created an inequity for PIT 
     appointees who were employed between 1989 and 1998, since 
     that employment time could not be ``purchased'' or credited 
     toward any federal retirement system. This section is 
     intended to remedy this inequity by permitting individuals 
     with creditable service as PIT appointees between 1989 and 
     1998 to receive credit and make a deposit into the Federal 
     Employees Retirement System for all or part of that period. 
     It also recognizes the value added by PIT appointees, who are 
     generally the dependents of Foreign Service or U.S. Armed 
     Forces members, to official operations abroad. The Managers 
     believe that this remedy addresses a basic inequity, however 
     unintended, created by various changes to federal retirement 
     law.
     Sec. 322. Computation of Foreign Service retirement annuities 
         as if locality pay were made to overseas stationed 
         Foreign Service members
       This section addresses a retirement and pay issued 
     identified by the State Department. At present, ``locality 
     pay''--which is provided to employees serving in the United 
     States--is included in the calculation of Foreign Service 
     retirement. Foreign Service Officers serving overseas do not 
     receive locality pay. Thus, as they near retirement, they 
     have a significant financial incentive to seek

[[Page H6457]]

     assignment to Washington, D.C. This often deprives overseas 
     posts of the more experienced officers. Under this section, 
     an officer, while serving overseas, will have his or her 
     annuity calculated as if he or she were actually receiving 
     locality pay.
     Sec. 323. Plan for improving recruitment of veterans into the 
         Foreign Service
       This section requires the Secretary of State to submit a 
     plan to improve the recruitment of veterans to serve as 
     candidates for the Foreign Service. The Managers believe that 
     the United States armed forces provide a largely untapped 
     recruitment pool of qualified individuals with international 
     experience, as well as writing, reporting and analytical 
     skills.
     Sec. 324. Report concerning minority employment
       This section requires a report on the status of minority 
     recruitment and promotion efforts in the Department of State 
     for both the Civil and Foreign Service. It is similar to a 
     provision adopted in the Foreign Relations Authorization Act, 
     Fiscal Years 1998 and 1999, and adds a requirement for 
     information regarding recruitment and promotion of the Civil 
     Service to the preexisting provision.
     Sec. 325. Use of funds authorized for minority recruitment
       This section requires the Department to provide additional 
     information on minority recruitment efforts at the 
     Department. Subsection (a) provides that amounts 
     specifically authorized for minority recruitment under 
     section 111 shall be used only for activities directly 
     related to minority recruitment. Salaries of employees 
     involved in recruitment efforts are not to be counted 
     toward that amount. Subsection (b) provides that the State 
     Department must expand its recruitment efforts to 25 
     percent of Historically Black Colleges and Universities 
     and 25 percent of Hispanic-serving institutions, as 
     defined by law. Subsection (c) requires the Secretary to 
     establish a database relating to efforts to recruit 
     members of minority groups into the Foreign and Civil 
     Service and to report on the evaluation of efforts to 
     recruit such individuals. The Managers are concerned that 
     the Department has not made enough progress in recruiting 
     and promoting members of minority groups to serve in the 
     Foreign and Civil Service. The Managers incorporate by 
     reference the description of the provision in the House 
     passed version of H.R. 1646, section 343, in House Report 
     107-57.
     Sec. 326. Assignments and details of personnel to the 
         American Institute in Taiwan
       This section authorizes the detail of U.S. government 
     employees to the American Institute in Taiwan (AIT) if the 
     Secretary determines it is in the national interest to do so. 
     Former federal employees who work at AIT have sometimes been 
     disadvantaged by comparison to employees who remain in 
     federal service without a break in service. The grievance 
     rights of separated Foreign Service Officers who work at AIT 
     are far more restricted; former Civil Service employees at 
     AIT cannot apply for ``State only'' vacancies upon their 
     return; and eligible family members working at AIT cannot 
     earn credit toward retirement. This section corrects that 
     situation.
     Sec. 327. Annual reports on foreign language competence
       This section changes the date related to a report on 
     foreign language competence. This change converts the report 
     from a calender year to a fiscal year basis and alters the 
     required date of submission of the report.
     Sec. 328. Travel of children of members of the Foreign 
         Service assigned abroad
       This section amends Section 901 of the Foreign Service Act 
     to provide a child under 21 with the additional flexibility 
     regarding authorized travel when the child is separated from 
     his or her parents.

                 Title IV--International Organizations

     Sec. 401. Payment of the third installment of arrearages
       This section amends several conditions that must be 
     certified pursuant to section 941 in the United Nations 
     Reform Act of 1999 to pay the third and last installment of 
     arrearages to the UN and other international organizations 
     under that Act. This section would ``de-link'' all UN 
     agencies allowing arrearage payments to each international 
     organization upon certification of the conditions established 
     for that particular agency, without linking such payments to 
     the certification of conditions for other organizations. This 
     section would also facilitate certification of other ``year 
     three'' conditions.
     Sec. 402. Limitation on the U.S. share of assessments for UN 
         peacekeeping operations in calendar years 2001 through 
         2004
       This section amends section 404(b)(2) of the Foreign 
     Relations Authorization Act, FY94 and FY95, which places a 
     cap of 25 percent on the rate of payment by the U.S. of UN 
     assessments for peacekeeping. This would allow full payment 
     for those assessments in calendar years 2001 through 2004 at 
     the following rates: 28.15 percent for calender year 2001; 
     27.90 percent for calender year 2002 and; 27.40 for calender 
     year 2003 and 2004. This cap of 25 percent would be restored 
     after 2004.
     Sec. 403. Limitation on the U.S. share of assessments for UN 
         regular budget
       This provision codifies the 22 percent cap on the U.S. 
     assessment rate for the UN regular budget--as negotiated by 
     the then-UN Ambassador Holbrooke in December of 2000. It is 
     consistent with a condition enacted in the United Nations 
     Reform Act of 1999.
     Sec. 404. Promotion of sound financial practices by the UN
       This provision notes that the U.S. pays its dues to the UN 
     regular budget at least ten months late every year and that 
     other countries have begun to adopt a similar practice. This 
     late payment of U.S. dues results in the UN engaging in 
     unsound budgetary practices. It states the sense of the 
     Congress that the U.S. should initiate a process to 
     synchronize the payment of its assessment to the UN, its 
     affiliated agencies and other international organizations 
     over a multi-year period so the U.S. can resume paying its 
     dues at the beginning of each calendar year. It authorizes 
     such sums as may be necessary to carry out this policy.
     Sec. 405. Reports to Congress on UN activities
       This section amends the UN Participation Act by eliminating 
     the requirement to submit quarterly reports on U.S. 
     participation in UN peacekeeping operations. It preserves the 
     requirement for an annual report and consolidates 
     requirements for two annual reports on U.S. financial 
     contributions to international organizations.
     Sec. 406. Use of secret ballots within the UN
       This section requires a report regarding the use of secret 
     ballots within the UN and its specialized agencies. This 
     report shall also include a determination whether the use of 
     these ballots serves the interests of the U.S.
     Sec. 407. Sense of Congress relating to Membership of the 
         U.S. in UNESCO
       This section expresses the sense of Congress that the 
     President should, in light of his announcement that the U.S. 
     will rejoin the United Nations Educational, Scientific, and 
     Cultural Organization, submit a report describing the merits 
     of renewing U.S. membership in this organization and 
     projecting the costs of such membership.
     Sec. 408 U.S. membership on the UN Commission on Human Rights 
         and International Narcotics Control Board
       This section urges the U.S. to make every reasonable effort 
     at the UN to secure a seat for the U.S. on the U.N. 
     Commission on Human Rights, and for a U.S. national on the 
     UN International Narcotics Control Board and to prevent 
     membership on the Commission by any member state that, in 
     the judgment of the Secretary, consistently violates 
     internationally recognized human rights or has engaged in 
     severe violations of religious freedom in that country.
     Sec. 409. Plan for enhanced Department of State efforts to 
         place U.S. nationals in positions of employment in the UN 
         and its specialized agencies
       This section calls for the Secretary of State to submit a 
     report containing a plan describing the steps the Department 
     will take to increase American representation in the UN and 
     its specialized agencies.

          Title V--U.S. International Broadcasting Activities

     Sec. 501. Modification of limitation on grant amounts to RFE/
         RL, Inc
       This section amends a current limit on grants to RFE/RL, 
     Inc., raising it from $75 million per year to $85 million in 
     fiscal year 2003.
     Sec. 502. Pay parity for senior executives of RFE/RL, Inc
       Under current law, RFE/RL grant funds may not be used to 
     pay any salary or compensation in excess of the rate level IV 
     of the Executive Schedule. The Broadcasting Board of 
     Governors has interpreted this provision as placing a cap on 
     the salaries of senior Managers of RFE/RL at the rate of pay 
     for Executive Level IV, exclusive of locality pay. RFE/RL 
     senior executives are not federal employees and do not 
     receive locality pay under the Federal Employee Pay 
     Comparability Act of 1990 (which provides for locality 
     adjustments in certain high-cost areas). In order to provide 
     pay parity for these senior employees, this provision would 
     permit up to three senior RFE/RL Managers based in Washington 
     to receive a salary benefit equivalent to the comparable 
     Senior Executive Service salary with locality pay.
     Sec. 503. Authority to contract for local broadcasting 
         services outside the United States
       This section amends current law relating to authority to 
     enter into contracts for certain capabilities. Under current 
     law, the Broadcasting Board of Governors may enter into 
     contracts for periods not to exceed 7 years for circuit 
     capacity to distribute radio and television programs. This 
     section provides authority to enter into contracts for up to 
     10 years in order to acquire local broadcasting services 
     outside the United States.
     Sec. 504. Personal services contracting pilot program
       This section provides the International Broadcasting Bureau 
     (IBB) with the authority to implement a pilot program to 
     utilize personal services contracts in the United States. The 
     authority is capped at 60 employees at any one time.
     Sec. 505. Travel by Voice of America correspondents
       This section exempts Voice of America (VOA) correspondents 
     from the security responsibilities of the Secretary of State 
     under Section 103 of the Diplomatic Security Act

[[Page H6458]]

     and from the Chief of Mission responsibilities in Section 207 
     of the Foreign Service Act of 1980. Although VOA 
     correspondents are on the federal payroll, they are unique in 
     that they are working journalists. Accordingly, their 
     independent decisions on when and where to cover the news 
     should not be governed by other considerations. The Managers 
     expects that the VOA Director will take appropriate steps to 
     ensure that VOA correspondents do not take undue risks that 
     threaten their personal security.
     Sec. 506. Reports on broadcasting personnel
       This section requires the Broadcasting Board of Governors 
     to submit a report on its efforts to diversify the workforce 
     at the International Broadcasting Agency.
     Sec. 507. Conforming amendments
       This section makes technical and conforming amendments to 
     the U.S. International Broadcasting Act to correct technical 
     errors made in previous Foreign Relations Authorization Acts.

                   Title VI--Miscellaneous Provisions


         Subtitle A--Middle East Peace Commitments Act of 2002

     Sec. 601. Short title
       This subtitle is the ``Middle East Peace Commitments Act of 
     2002.''
       Sec. 602. Findings
       This section describes the most basic commitments made by 
     Palestine Liberation Organization (PLO) in an exchange of 
     letters between the late Prime Minister Yitzhak Rabin and 
     Chairman Yasser Arafat on September 13, 1993. These 
     commitments include resolving outstanding issues through 
     peaceful means, renouncing terrorism and violence, and 
     assuming responsibility over all PLO personnel.
     Sec. 603. Reports
       This section requires the President to make a determination 
     and to report every six months (initially 60 days after 
     enactment of the legislation) on whether the PLO and/or the 
     Palestinian Authority (PA) are abiding by their commitments 
     as specified in Section 602.
     Sec. 604. Imposition of sanctions
       This section provides that, if it is determined (in the 
     Section 603 report) that the PLO and/or the PA are not in 
     compliance with the commitments specified in Section 602, 
     then the President is required to impose at least one of four 
     sanctions for a period of at least six months. The possible 
     sanctions are: deny U.S. visas to PLO and PA officials, 
     downgrade the status of the PLO office in Washington to an 
     information office as existed before the Oslo accords, 
     designate the PLO or its constituent groups as terrorist 
     organizations, and cut off non-humanitarian U.S. assistance 
     to the West Bank and Gaza. The President is allowed to waive 
     the sanctions requirement upon making a determination that 
     such a waiver is in the national security interest of the 
     United States.


                        Subtitle B--Tibet Policy

       This subtitle lays out a comprehensive approach for 
     American policy toward Tibet. The Committee believes that 
     this statement of policy is warranted due to the failure of 
     the Government of the People's Republic of China to preserve 
     the distinct ethnic, cultural and religious identity of the 
     Tibetan people and to enter into a dialog with the Dalai Lama 
     or his representatives to reach a negotiated agreement on 
     Tibet.
     Sec. 611. Short title
       This section entitles this subtitle as the ``Tibetan Policy 
     Act of 2002.''
     Sec. 612. Statement of purpose
       This section states the purpose of this subtitle: to 
     support the aspirations of the Tibetan people to safeguard 
     their distinct identity.
     Sec. 613. Tibet negotiations
       This section urges the President and Secretary of State to 
     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, 
     and to provide an annual report to the Congress on steps 
     taken to encourage this dialogue and the status of 
     discussions between the Government of China and the Dalai 
     Lama. The Managers note that the Dalai Lama's special 
     representative held talks with Chinese officials in Beijing 
     and in Lhasa, Tibet, in September 2002, and hope that these 
     talks will lead to a meaningful dialogue.
     Sec. 614. Reporting on Tibet
       This section mandates that a separate section on Tibet be 
     included in the annual human rights report and the annual 
     religious freedom report submitted by the Department of State 
     to the Congress.
     Sec. 615. Congressional Executive Commission on the People's 
         Republic of China
       This section amends the U.S.-China Relations Act of 2000 to 
     include as issues to be considered by the Congressional-
     Executive Commission on the People's Republic of China (1) a 
     description of the status of negotiations between the 
     Government of the PRC and the Dalai Lama; and (2) measures 
     taken to safeguard Tibet's distinct identity.
     Sec. 616. Economic development on the Tibetan plateau
       Subsection (a) of this section states that 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. The 
     Managers note that in 1980 Chinese Party Secretary Hu Yaobang 
     formulated the Six Point Program for Tibet, which stated that 
     the ``Tibetan people's habits, customs, history and culture 
     must be respected,'' that ``all ideas that ignore and weaken 
     Tibetan culture are wrong,'' and that ``Tibet should lay down 
     laws, rules and regulations according to its special 
     characteristics to protect the right of national autonomy and 
     its special national interests.'' Recognizing that the Dalai 
     Lama is not seeking independence for Tibet, that in 1979 Deng 
     Xiaoping offered to negotiate on all issues other than 
     independence, and that President Jiang Zemin has stated that 
     the door to negotiations is open if the Dalai Lama accepts 
     that Tibet is an inseparable part of China, the Conference 
     believes that the adoption by the current Chinese government 
     of the principles formulated by Hu Yaobang would improve the 
     potential for meaningful negotiations with the Dalai Lama and 
     have a positive impact on United States-China relations. 
     Subsection (b) mandates that the United States use its voice 
     and vote in international financial institutions to support 
     projects in Tibet designed in accordance with a set of 
     principles, enumerated in subsection (d), that are designed 
     to raise the standard of living for the Tibetan people and to 
     make them self-sufficient. Subsection (c) states that Export-
     Import Bank and the Trade and Development Agency should 
     support projects following these principles. Subsection (d) 
     enumerates the principles which are to serve as guidelines 
     for the projects that international financial institutions, 
     non-governmental organizations and the U.S. government should 
     support in Tibet.
     Sec. 617. Release of prisoners and access to prisons
       This section states that the President and Secretary of 
     State should request the Government of the PRC to immediately 
     release all Tibetan political prisoners including those known 
     to be seriously ill and seek access for international 
     humanitarian organizations to Tibetan prisoners.
     Sec. 618. Establishment of a U.S. branch office in Lhasa, 
         Tibet
       This section urges the Secretary of State to make best 
     efforts to establish an office in Lhasa, Tibet, to monitor 
     developments in Tibet.
     Sec. 619. Requirement for Tibetan language training
       This section mandates that Tibetan language training be 
     available to Foreign Service Officers and to make every 
     effort to assign a Tibetan-speaking officer to the U.S. 
     consulate in the PRC that monitors developments in Tibet.
     Sec. 620. Religious persecution in Tibet
       This section states that the U.S. Ambassador to China 
     should seek to meet with the 11th Panchen Lama and request 
     his release by the Government of the PRC.
     Sec. 621. United States Special Coordinator for Tibetan 
         Issues
       This section mandates the establishment within the 
     Department of State of a United States Special Coordinator 
     for Tibetan Issues and outlines the central objective and 
     duties of the Special Coordinator.


     Subtitle C--East Timor Transition to Independence Act of 2002

       This subtitle specifies steps to be taken by the U.S. 
     government to facilitate the transition of East Timor to 
     independence. The Managers believe that it is in the 
     interests of the United States to help the people of East 
     Timor, who voted overwhelmingly for independence from 
     Indonesia in August 1999, to realize their aspirations for a 
     stable, prosperous democratic nation.
     Sec. 631. Short title
       This section entitles this subtitle as the ``East Timor 
     Transition to Independence Act of 2002.''
     Sec. 632. Bilateral assistance
       This section authorizes $25 million for fiscal year 2003 
     for programs in East Timor.
     Sec. 633. Multilateral assistance
       This section mandates that the United States use its voice, 
     vote and influence at each of the international financial 
     institutions of which it is a member to support economic and 
     democratic development in East Timor.
     Sec. 634. Trade and investment assistance
       Subsection (a) of this section urges the President of the 
     Overseas Private Investment Corporation (OPIC) to initiate 
     negotiations with the Government of East Timor to enter into 
     a new agreement authorizing OPIC to carry out programs with 
     respect to East Timor. Subsection (b) authorizes $1 million 
     to the Trade and Development Agency to carry out programs in 
     East Timor. Subsection (c) encourages the U.S. Export-Import 
     Bank to expand its activities with respect to East Timor.
     Sec. 635. Generalized System of Preferences
       This section urges the U.S. Trade Representative and the 
     Customs Commissioner to send an assessment team to East Timor 
     to determine what products from East Timor would be eligible 
     for benefits under the Generalized System of Preferences.
     Sec. 636. Authority for radio broadcasting
       This section provides that the Broadcasting Board of 
     Governors should broadcast to East Timor in an appropriate 
     language or languages.
     Sec. 637. Security assistance for East Timor
       Subsection (a) of this section requires the President to 
     conduct a study and report to

[[Page H6459]]

     the appropriate Congressional committees on the extent to 
     which East Timor's security needs can be met through 
     provision of excess defense articles and on the extent to 
     which international military education and training (IMET) 
     assistance will enhance the professionalism of the armed 
     forces of East Timor. Subsection (b) authorizes the provision 
     of excess defense articles and IMET pending a certification 
     that East Timor has established independent armed forces and 
     that assisting those forces will promote U.S. national 
     interests and human rights and professionalization of the 
     armed services in East Timor.
     Sec. 638. Reporting requirement
       This section requires the Secretary of State to transmit a 
     report within 180 days of enactment, and annually thereafter 
     for five years, on various developments with respect to East 
     Timor including the specific steps taken by U.S. agencies to 
     assist East Timor.


      Subtitle D--Clean Water for the Americas Partnership of 2002

     Sec. 641. Short title
       This section entitles the subtitle as the ``Clean Water for 
     the Americas Partnership Act of 2002.''
     Sec. 642. Definitions
       This section defines terms used in the subtitle.
     Sec. 643. Establishment of program
       This section authorizes the President to establish a Clean 
     Water for the Americas Partnership.
     Sec. 644. Environmental assessment
       This section authorizes the President to conduct a 
     comprehensive environmental assessment in the region to 
     determine the most severe environmental problems threatening 
     human health, which countries have them, and whether there is 
     a market for the U.S. environmental industry in the region.
     Sec. 645. Establishment of American technology centers
       This section authorizes the President to establish 
     Technology America Centers (TEAMs) in the region to link the 
     U.S. environmental technology industry with local partners by 
     providing logistic and information support to U.S. firms 
     seeking opportunities for environmental projects.
     Sec. 646. Promotion of water quality, water treatment 
         systems, and energy efficiency
       This section authorizes the President to provide matching 
     grants to U.S. associations and non-profits for the purpose 
     of promoting water quality, water treatment and energy 
     efficiency in the region. These grants shall be used to 
     support professional exchanges, academic fellowships, 
     training programs, development of local chapters of 
     associations or non-profits, and online exchanges.
     Sec. 647. Grants for feasibility studies within a designated 
         subregion
       This section authorizes 75/25 matching grants, through the 
     Trade and Development Agency, for ``pre-feasibility studies'' 
     for water projects within a subregion or an individual 
     country of the Latin America/Caribbean region. These grants 
     would provide potential investors in environmental projects, 
     primarily water projects such as water treatment plants, a 
     ``jump-start'' in getting these projects off the ground.
     Sec. 648. Clean Water Technical Support Committee
       This section authorizes the President to establish a Clean 
     Water Technical Support Committee to provide technical 
     support for water projects in the region.
     Sec. 649. Authorization of appropriations
       This section authorizes $10 million for each of the fiscal 
     years 2003 through 2005.
     Sec. 650. Report
       This section mandates a report to within two years of 
     establishment of the program under Sec. 643 containing an 
     assessment of the progress made in this program and any 
     recommendations for legislative changes.
     Sec. 651. Termination date
       This section terminates the authorities provided by this 
     subtitle three years after the establishment of the program, 
     unless the President certifies that it would be in the 
     national interest to maintain the program for an additional 
     two-year period.
     Sec. 652. Effective date
       This section sets the effective date of this subtitle as 90 
     days after the date of enactment.


               Subtitle E--Freedom Investment Act of 2002

     Section 661. Short Title
       This section entitles this subtitle as the Freedom 
     Investment Act of 2002.
     Sec. 662. Purposes
       This section states that the purposes of this subtitle are 
     to: underscore that promoting and protecting human rights is 
     in the national interest of the United States; is consistent 
     with American values and beliefs; and to establish a goal of 
     devoting one percent of the State Department's operating 
     budget to enhancing 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
       This section expresses the sense of Congress that the 
     budget for the Bureau of Democracy, Human Rights and Labor 
     (DRL) should be substantially increased so that beginning in 
     fiscal year 2005, one percent of the State Department's 
     operating budget should be available for such bureau. It also 
     expresses the sense of Congress that 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 for Democracy, Human Rights and Labor in 
     conjunction with the head of the Department's regional bureau 
     having primary responsibility for that country. This section 
     also requires the Secretary to submit a plan for the 
     Department to (1) improve integration of human rights policy 
     into the Department's overall policy formulation and 
     implementation, (2) achieve closer communication and policy 
     coordination between DRL and the regional bureau, including 
     between DRL and personnel at overseas posts, and (3) to 
     assign persons in the manner described above.
       With respect to funding, the Managers intend that the 
     Department take seriously the goals established by this 
     section. For the last few years the Department has been 
     pressed to substantially increase the resources devoted to 
     human rights in general and the DRL bureau in particular. The 
     Managers believe this trend must continue so as to meet the 
     goal defined above.
       The Managers also believe that the Department needs to 
     ensure that human rights concerns are considered at every 
     level of decision making within the Department, from the 
     country desk to the Secretary of State. While there has been 
     some movement towards achieving this goal since the mid-
     1990's, the Managers intend that the Department think 
     creatively in finding new ways to ensure that human rights is 
     an integral component of U.S. foreign policy. In particular, 
     the Managers believe that there needs to be more 
     communication between DRL and the regional bureaus, which 
     often have day-to-day operational responsibilities with 
     respect to human rights matters, and most importantly, more 
     direct communication between DRL and officers in the field. 
     At a minimum the DRL Bureau needs to concur in any 
     recommendation to assign a person to the particular position 
     overseas. By giving such a role to the DRL Bureau, the 
     Managers believe that Foreign Service Officers will be more 
     likely to seek positions in DRL, since the Bureau will be 
     able to further their career development. The Managers expect 
     that in countries that have significant human rights 
     problems, DRL would have a role in the assignment of senior 
     positions responsible for such issues.
     Section 664. Human Rights and Democracy Fund
       This section authorizes $21,500,000 for the Human Rights 
     and Democracy Fund from funds appropriated under the 
     ``Economic Support Fund'' account. The Managers expect that 
     this fund shall continue to be administered by the DRL 
     bureau, as is the case today. The provision also contains a 
     specific authorization for the Documentation Center of 
     Cambodia and a Father John Kaiser Memorial Fund.
     Section 665. Reports on actions taken by the United States to 
         encourage respect for human rights
       Subsection (a) of this section amends sections 116 and 502B 
     of the Foreign Assistance Act to require that the report 
     mandated by such sections include additional information with 
     respect to each country for which the report indicates that 
     extra-judicial killings, torture, or other serious violations 
     of human rights have occurred. For each such country, the 
     Department is required to report the extent to which the 
     United States has taken or will take action to encourage an 
     end to such practices. Subsection (b) of this section 
     provides that reports on such matters may be submitted in a 
     separate report.
       The Mangers intend that the reporting required by the 
     amendments in this section be a serious and substantial 
     report outlining a specifically tailored strategy for each 
     country where there is substantial evidence indicating that 
     the human rights abuses described in the section have 
     occurred.


   Subtitle F--Elimination and Streamlining of Reporting Requirements

     Sec. 671. Elimination of certain reporting requirements
       This section eliminates several reporting requirements.
     Sec. 672. Biennial reports on programs to encourage good 
         governance
       This section changes the annual report required to a 
     biennial report.


                       Subtitle G--Other Matters

     Sec. 681. Amendments to the International Religious Freedom 
         Act of 1998
       This section makes revisions to the International Religious 
     Freedom Act of 1998 related to the Commission on 
     International Religious Freedom created by the Act.
       Subsection (a) amends the reporting requirement in the 
     International Religious Freedom Act of 1998 to include 
     information on discrimination against particular religious 
     groups or members of such groups. In particular, the Managers 
     are concerned about the use of ``sect filters'' as a 
     violation of religious freedom as indicated in senate report 
     107-60, page 33.
       Subsection (b) provides for staggered terms for Commission 
     members.
       Subsection (c) alters the date of the election of the Chair 
     of the Commission.
       Subsection (d) relates to vacancies.
       Subsection (e) authorizes $3,000,000 in fiscal year 2003.

[[Page H6460]]

       Subsection (f) provides limited authority to procure non-
     governmental services.
       Subsection (g) extends the Commission to 2011.
     Sec. 682. Amendments to the Victims of Trafficking and 
         Violence Protection Act of 2000
       This section amends the Trafficking Victims Protection Act 
     (Title I of the Victims of Trafficking and Violence 
     Protection Act of 2000) to make clear that programs of 
     assistance to foreign victims shall include, to the 
     maximum extent practical, support to non-governmental 
     organizations in foreign countries that provide protection 
     and assistance to trafficking victims; for education and 
     training of trafficking victims; for safe and voluntary 
     integration or reintegration, as appropriate, of victims 
     into families and/or communities; and for programs that 
     assist families in locating their family members who are 
     trafficking victims and in helping them to return to their 
     homes, to integrate into the communities in which they are 
     living, or to resettle in safe third countries, according 
     to the wishes of the victim. This section also authorizes 
     funding for fiscal year 2003 for programs and activities 
     under the Trafficking Victims Protection Act.
     Sec. 683. Annual Human Rights Country Reports on Child 
         Soldiers
       This section amends sections 116(d) and 502B of the Foreign 
     Assistance Act of 1961 to require that the State Department's 
     Country Reports on Human Rights Practices includes 
     information related to each country's compliance with the 
     standards set forth in the Optional Protocol to the 
     Convention on the Rights of the Child on the Involvement of 
     Children in Armed Conflict.
     Sec. 684. Extension of authority for Caucus on International 
         Narcotics Control
       This section extends the authorization of the Senate Caucus 
     on International Narcotics Control through September 30, 
     2005.
     Sec. 685. Participation of South Asia countries in 
         international law enforcement
       This section provides that the Secretary of State shall 
     ensure, where practicable, that appropriate government 
     officials from countries in the South Asia region shall be 
     eligible to attend courses at the International Law 
     Enforcement Academies 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
       This section modifies section 2002 of the Victims of 
     Trafficking and Violence Protection Act, which facilitates 
     collection of damage awards imposed by certain judgments of 
     United States courts against state sponsors of terrorism by 
     amending (a)(2)(A)(ii) of that section to make additions to 
     the persons covered by that section.
     Sec. 687. Reports on participation by small businesses in 
         procurement contracts of USAID
       Concerns have been expressed regarding the amount of 
     procurement by USAID from small business and small businesses 
     owned and controlled by women and socially and economically 
     disadvantaged individuals, among others. This section is 
     intended to obtain additional information beyond the 
     information that USAID has filed with the Small Business 
     Administration regarding these matters.
     Sec. 688. Program to improve building construction and 
         practices in Latin American countries
       To limit the economic and social cost of future natural 
     disasters in the region, this section authorizes the 
     President to carry out a program to improve building codes 
     and practices in Latin America by: training appropriate 
     professionals from the region in building codes, practices, 
     and standards; translating American building and life safety 
     codes into Spanish; and providing other relevant assistance 
     as needed, including helping local government officials 
     develop seismic micro-zonation maps.
       While El Salvador and Ecuador are initial candidates for 
     the activities authorized in this section, the Managers 
     encourage the Administration to extend this program to other 
     Latin American countries, as needed. The Managers also expect 
     that the Administrator of the United States Agency for 
     International Development will consider implementing the 
     program through organizations which are not-for-profits 
     standards development organizations, as defined in OMB 
     Circular A119, to the maximum extent practicable, and possess 
     the relevant experience with the Spanish language.
     Sec. 689. Sense of Congress relating to HIV/AIDS and UN 
         peacekeeping operations
       This section expresses the sense of Congress that the 
     President should direct the Secretary of State and the U.S. 
     Representative to the U.N. to urge the UN to adopt an HIV/
     AIDS mitigation strategy as a component of UN peacekeeping 
     operations. The Managers acknowledge the dangers associated 
     with the use of peacekeeping forces that contain personnel 
     infected with HIV/AIDS, especially when peacekeeping forces 
     are usually deployed to areas already suffering from the 
     disruption of social, economic, and civil order. This section 
     urges the President to focus special diplomatic emphasis on 
     the establishment of an HIV/AIDS mitigation strategy to be a 
     component of standard UN peacekeeping procedures in order to 
     minimize and, if possible eliminate, these additional 
     dangers. The Managers believe that such a strategy could 
     include specialized training for local officials in 
     particularly hard-hit regions, such as East and Southern 
     Africa, by USAID and similar organizations.
     Sec. 690. Sense of Congress relating to Magen David Adom 
         Society
       This section recognizes that the Magen David Adom Society 
     is the national humanitarian society in the State of Israel 
     and that it follows all the principles of the International 
     Red Cross and Red Crescent Movement. 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 as its symbol. The section 
     states that 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; 
     (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
       This section expresses the sense of Congress that the 
     Secretary of State should give favorable consideration to 
     requests by the Director of the Peace Corps to allow the 
     Peace Corps to maintain offices in locations separate from 
     the United States embassy to the degree consistent with 
     security considerations.
     Sec. 692. Sense of Congress relating to resolution of Taiwan 
         Strait issue
       This section expresses the sense of Congress that Taiwan is 
     a democracy and it is the policy of the U.S. that a 
     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
       This section expresses 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 as manner 
     as it is displayed at United States embassies, consulates, 
     and official residences throughout the world.
     Sec. 694. Reports on activities in Colombia
       This section requires the Secretary of State to submit two 
     separate reports to Congress on U.S.-funded activities in 
     Colombia. The first report will summarize U.S. efforts to 
     promote alternative development, recovery and resettlement of 
     internally displaced persons, judicial reform, the peace 
     process, and human rights. The report also will establish 
     timetables for these activities, justify delays in meeting 
     previous timetables, and identify corrective measures to 
     prevent future delays.
       The second report relates to the activities of U.S. 
     businesses that have entered into agreements with the 
     Departments of State and Defense to administer counter-
     narcotics programs in Colombia. Given the crucial role of 
     U.S. businesses in carrying out the counter-narcotics 
     objectives of Plan Colombia and its successor programs, the 
     Managers hope that this report will encourage the 
     Administration to be more forthcoming as to the specifics of 
     its partnership with U.S. businesses in Plan Colombia-related 
     activities and the Administration's plans to transfer 
     operational control of same to the appropriate Colombian 
     authorities.
     Sec. 695. Report on United States-sponsored activities in 
         Colombia
       This section requires the Secretary of State to provide the 
     Congress with a report outlining a comprehensive strategy to 
     eradicate all opium cultivation in Colombia and the impact of 
     Plan Colombia on neighboring countries.
     Sec. 696. Report on extradition policy and practice
       This section requires a report on extradition practices. 
     The Managers attache great importance to international law 
     enforcement assistance, in particular as the war on terrorism 
     proceeds. The Managers take note of important steps forward 
     achieved recently by the Departments of State and Justice in 
     the field of extradition. In particular, the Managers are 
     aware that these Departments have concluded extradition 
     agreements with several South American countries that require 
     the extradition of nationals. This substantial achievement 
     represents a major departure from the normal practice of 
     civil law countries. These agreements eliminate a major 
     bilateral law enforcement irritant where they are in force, 
     and the Managers hope that this practice will be emulated by 
     treaty partners in Europe and elsewhere.
     Sec. 697. Special Court for Sierra Leone.
       This section authorizes appropriations of $5 million in 
     fiscal year 2003 to support the Special Court for Sierra 
     Leone. This section also authorizes rewards for information 
     that leads to the arrest of persons indicted by the Special 
     Court.
     Sec. 698. United States Envoy for Peace in Sudan
       This section states that there should continue to be a 
     United States Envoy for Peace

[[Page H6461]]

     in Sudan until there is a comprehensive settlement to the 
     conflict in Sudan.
     Sec. 699. Transfer of proscribed weapons to persons or 
         entities in the West Bank and Gaza
       This section authorizes certain sanctions against foreign 
     persons or entities which knowingly transfer certain weapons 
     to Palestinian entities in the West Bank or Gaza.
     Sec. 700. Sense of Congress relating to arsenic contamination 
         in drinking water in Bangladesh
       This section expresses the sense of Congress that the 
     Secretary of State should work with appropriate United States 
     Government agencies, national laboratories, universities in 
     the United States, the Government of Bangladesh, 
     international financial institutions and organizations, and 
     international donors to identify a long-term solution to the 
     arsenic-contaminated drinking water problem in Bangladesh. It 
     also requests a report on proposals to bring arsenic-free 
     drinking water 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
       This section reiterates the commitment of the Congress to 
     promote respect for human rights by all parties in Northern 
     Ireland. It calls for independent judicial public inquiries 
     into the killings of defense lawyers Rosemary Nelson and 
     Patrick Finucane and for the government of the United Kingdom 
     to take appropriate measures to protect defense lawyers and 
     human rights defenders, as well as for the decommissioning of 
     weapons by the Irish Republican Army all other paramilitary 
     groups and an end to punishment attacks and exiling by such 
     groups. The section also requires the President to submit a 
     report on the extent to which the governments of the United 
     Kingdom and the Republic of Ireland have implemented the 
     recommendations of the Patten Commission with respect to 
     policing reform, on the status of investigations into the 
     deaths of Rosemary Nelson, Patrick Finucane, and Robert 
     Hammill, and on the status of decommissioning of weapons by 
     the Irish Republican Army and other paramilitary 
     organizations. Finally, the section sets forth conditions on 
     training or exchanges conducted by United States law 
     enforcement agencies for the Police Service of Northern 
     Ireland (PSNI) or its members to ensure that such programs 
     promote the peace process and the professionalism of 
     policing and does not include PSNI members who there are 
     substantial grounds for believing have committed or 
     condoned human rights violations.
     Sec. 702. Annual report on United States-Vietnam human rights 
         dialogue meetings
       This section requires an annual report on the issues 
     discussed at meetings of the United States-Vietnam human 
     rights dialogues, and to what extent the Vietnamese 
     government has made progress on certain human rights issues, 
     including the following: improving commercial and criminal 
     codes, releasing those imprisoned or detained on political or 
     religious grounds, ending official restrictions on religious 
     activity, promoting freedom of the press, improving prison 
     conditions, respecting the rights of indigenous minority 
     groups and of workers, and cooperating with U.S. requests to 
     obtain access to those seeking to come to the United States 
     as refugees or emigrants. The Managers believe that the 
     bilateral dialogue can be an effective means of bringing 
     about improvements in Vietnam's human rights policies if U.S. 
     officials make concerted efforts to place specific issues and 
     cases on the table and encourage the government of Vietnam to 
     respond with concrete steps.
     Sec. 703. Sense of Congress regarding human rights violations 
         in Indonesia
       This section expresses a sense of Congress that the 
     Government of Indonesia should demonstrate progress toward 
     ending human rights violations by the armed forces and make 
     efforts to find and prosecute those responsible for the 
     murders of Papuan leader Theys Eluay and Acehnese human 
     rights advocate Jafar Siddiq Hamzah, and U.S. citizens Edwin 
     L. Burgon and Ricky L. Spier.
     Sec. 704. Report concerning the German Foundation 
         ``Remembrance, Responsibility, and the Future''
       This section directs the Secretary of State to report on 
     the status of the agreement between the government of the 
     United States and the Federal Republic of Germany concerning 
     the Foundation that was established to distribute Holocaust 
     era insurance claims and payments to Holocaust survivors who 
     were forced into labor or slave labor. This report shall be 
     submitted to appropriate congressional committees, either in 
     writing or orally, within 180 days after the enactment of 
     this Act, and every 180 days thereafter.
     Sec. 705. Sense of Congress on return of portraits of 
         Holocaust victims to the artist Dina Babbitt
       This section expresses the sense of the Congress that the 
     President and Secretary of State should make all efforts 
     necessary to retrieve the original seven watercolor portraits 
     painted by Dina Babbitt that are held by the Auschwitz-
     Birkenau State Museum.
     Sec. 706. International drug control certification procedures
       This section provides an alternative mechanism to Section 
     490 of Chapter 8 of part I of the Foreign Assistance Act of 
     1961 (relating to annual drug certification procedures). That 
     mechanism requires the submission of a report to Congress by 
     September 15 of the previous fiscal year setting forth the 
     names of countries determined by the President to be major 
     drug-transit or major illicit drug producers as defined in 
     section 481(e) of the Foreign Assistance Act of 1961. In such 
     reports the President must identify which, if any countries, 
     included in the report have ``demonstrably failed'' to adhere 
     to obligations under international counter narcotics 
     agreements or have failed to take the counter narcotics 
     measures set forth in section 489(a)(1) of the Foreign 
     Assistance Act of 1961 and give a rationale for such 
     determinations.
       The section also prohibits any country so identified from 
     receiving U.S. assistance in the subsequent fiscal year 
     unless the President determines that the continuation of 
     assistance is vital to U.S. national interests, or after the 
     initial determination on September 15 of the previous fiscal 
     year, the President subsequently determines that such country 
     is in fact adhering to its international obligations with 
     respect to counter narcotics matters. Once the requirements 
     of this section are fulfilled, funds that would be otherwise 
     withheld pursuant to section 490 are available for obligation 
     or expenditure on or after October 1 of the next fiscal year. 
     If a report is filed pursuant to this section, section 490 
     (a) through (h) of the Foreign Assistance Act of 1961 will no 
     longer apply in the new fiscal year for countries otherwise 
     covered by that section which have been included in the 
     report required under paragraph (1).
       The section also contains a transition rule for fiscal year 
     2003 setting the date for the transmission of the report 
     required under paragraph 1 of this section at not less than 
     15 days prior to the obligation or expenditure of any funds 
     that would otherwise be withheld pursuant to Section 490 of 
     the Foreign Assistance Act of 1961. Section 490 (a) through 
     (h) would not apply in FY 2003 for any country included in 
     this report.
       Notwithstanding the above, this section would also allow 
     the President to apply Section 490 (a)-(h) of the Foreign 
     Assistance Act of 1961 to any country determined to be a 
     major drug transit or illicit drug producing country as 
     defined in section 481(e) of that Act, at his discretion. The 
     Managers believe that under either alternative, if a major 
     drug producer or major transit country fails to qualify for 
     assistance, and the President does not determine that the 
     provision of assistance is nonetheless vital to U.S. national 
     interests, then the President must also direct that United 
     States Executive Directors to each multilateral bank to vote 
     against loans or other utilization of funds to such country 
     from such institutions as described in Sec. 490(a)(2) of the 
     Foreign Assistance Act of 1961.
       The Managers believe that the addition of this alternative 
     approach gives the President more flexibility to implement a 
     successful U.S. counter-narcotics policy.

              Division B--Security Assistance Act of 2002

                      Title X--General Provisions

     Sec. 1001. Short Title
       This section designates the short title of Division B.
     Sec. 1002. Definitions
       This section provides definitions for purposes of Division 
     B.

 Title XI--Verification of Arms Control and Nonproliferation Agreement

     Sec. 1101. Verification and Compliance Bureau personnel
       This section authorizes $14,000,000 for fiscal year 2003 
     for the Bureau of Verification and Compliance. In addition, 
     this section authorizes an additional $1,800,000 in fiscal 
     year 2003 for the purpose of hiring new personnel to carry 
     out the Bureau's responsibilities including the assignment of 
     one full-time person in the Bureau to manage the document 
     control, tracking, and printing requirements of the Bureau's 
     operation in a Sensitive Compartmented Information Facility 
     (SCIF).
       The Bureau of Verification and Compliance in the Department 
     of State has been unable, with its current personnel and its 
     wide responsibilities (which include some services of common 
     concern for other bureaus), to fully support compliance 
     analysis and enforcement, as well as U.S. negotiations in 
     which verification is an important issue. The Managers 
     therefore authorize a larger budget than requested for this 
     Bureau, including $1.8 million for additional personnel, 
     which should remedy the problem.
       The Managers applaud the Department of State for the 
     improvement in the content of its congressionally-mandated 
     nonproliferation reports; further improvement, however, is 
     still needed. For example, the Managers expect the 
     Verification and Compliance Bureau to address countries' 
     compliance with their legal and political nonproliferation 
     commitments, consistent with that Bureau's original statutory 
     mandate. The intent of section 2(a)(1)(B) of the Iran 
     Nonproliferation Act of 2000 (P.L. 106-178) was to cover 
     items that would contribute to the nuclear, chemical, and 
     biological weapons capabilities, and the ballistic missile 
     capabilities, of Iran. The reference in that Act to the 
     Missile Technology Control Regime (MTCR) Annexes was not 
     meant to imply that the report under that Act should cover 
     only the transfer of components meeting every Annex 
     criterion. Rather, items of the general type listed in the 
     Annexes, which could also be

[[Page H6462]]

     used in MTCR-class missiles, should also be covered, 
     consistent with section 2(a)(2) of the Act.
     Sec. 1102. Key Verification Assets Fund
       This section authorizes $7,000,000 in fiscal year 2003 for 
     the purposes of funding the Key Verification Assets Fund.
       The Key Verification Assets Fund has had limited funding 
     since it was created pursuant to section 1111 of the Arms 
     Control and Nonproliferation Act of 1999, but has 
     demonstrated an ability to leverage the work of other 
     departments and agencies in technical aspects of arms control 
     verification. Too often, Department of State funds are 
     required to keep other departments' or agencies' verification 
     assets functioning. While this is a valid and vital use of 
     the Key Verification Assets Fund, the Managers hope that much 
     of the increased funding authorized in this section can be 
     used to promote improved verification, rather than merely to 
     prevent significant degradation of U.S. verification 
     capabilities.
     Sec. 1103. Revised verification and compliance reporting 
         requirements
       This section modifies the date by which a report on arms 
     control, nonproliferation and disarmament, and compliance is 
     due. Under current law, the report is due on January 31st of 
     each year. This objective has rarely been achieved, if ever. 
     The Managers expect the deadline of April 15th set by this 
     section to be a more realistic date and urge the executive 
     branch to honor this revised requirement.

               Title XII--Military and Related Assistance


      Subtitle A--Foreign Military Sales and Financing Authorities

     Sec. 1201. Authorization of appropriations
       This section authorizes $4,107,200,000 for fiscal year 2003 
     for Foreign Military Financing (FMF), which is the executive 
     branch's requested amount.
     Sec. 1202. Relationship of foreign military sales to the U.S. 
         nonproliferation interests
       This section amends section 4 of the Arms Export Control 
     Act (AECA) to expand the purposes for which foreign military 
     sales may be provided. This section also amends the AECA to 
     provide a statutory definition of the term, ``weapons of mass 
     destruction.''
       Section 4 of the Arms Export Control Act permits U.S. arms 
     sales or leases ``solely for internal security, for 
     legitimate self-defense, to permit the recipient country to 
     participate in regional or collective arrangements or 
     measures consistent with the Charter of the United Nations, 
     or otherwise to permit the recipient country to participate 
     in collective measures requested by the United Nations for 
     the purpose of maintaining or restoring international peace 
     and security, or for the purpose of enabling foreign military 
     forces in less-developed friendly countries to construct 
     public works and to engage in other activities helpful to the 
     economic and social development of such friendly countries.'' 
     The Managers' amendment to that section makes clear that such 
     sales or leases are also permitted for preventing or 
     hindering the proliferation of weapons of mass destruction 
     and the means for delivering such weapons. The urgent and 
     significant nature of these threats to U.S. national security 
     makes it necessary to marshal all available programs, 
     including arms transfers, as appropriate, to halt 
     proliferation.
     Sec. 1203. Official reception and representation expenses
       This section amends section 43(c) of the Arms Export 
     Control Act (22 U.S.C. 2792) to increase the annual limit on 
     the amount of funds that may be expended for official 
     reception and representation expenses under the Arms Export 
     Control Act from $72,500 to $86,500. Reception and 
     representational expenses are an important part of the 
     successful conduct of the Security Cooperation Program. Since 
     1993, the amount authorized for these expenses has remained 
     at the same ceiling of $72,500.
       An additional increase for representational and 
     entertainment expenses was sought by the Department of 
     Defense through the fiscal year 2002 budget request for the 
     Foreign Military Financing (FMF) Program, which is included 
     in the Foreign Operations Appropriation. That FMF request, 
     combined with section 1203, results in the total 
     representational fund budget used by the Security Cooperation 
     Organizations, to include the Security Assistance Offices 
     (SAOs). Since 1993, an additional 33 SAOs have been opened. 
     These additional 33 SAOs require new representational funding 
     that is comparable to what SAOs in other countries receive, 
     which is $2,000 per office. The Department of Defense has 
     indicated that section 1203 will result in no additional 
     costs to that Department.
     Sec. 1204. Arms Export Control Act prohibition on 
         transactions with countries that have repeatedly provided 
         support for acts of international terrorism
       This section modifies section 40 of the Arms Export Control 
     Act (AECA), which prohibits transactions with countries that 
     have repeatedly provided support for acts of international 
     terrorism.
       Section 40 of the AECA (22 U.S.C. 2780) prohibits various 
     arms transactions with certain countries, and subsection (d) 
     of that section applies those limits to any country that the 
     Secretary of State determines has repeatedly provided support 
     for acts of international terrorism. Such acts shall include 
     all activities that the Secretary determines willfully aid or 
     abet the international proliferation of nuclear explosive 
     devices to individuals or groups or willfully aid or abet an 
     individual or groups in acquiring unsafeguarded special 
     nuclear material.
       The Managers believe that willfully aiding or abetting the 
     proliferation of chemical, biological, or radiological agents 
     to individuals or groups is an activity equally deserving of 
     sanction under section 40 of AECA. Inclusion of the term, 
     ``radiological agents,'' is not meant to bar legitimate and 
     legal transfers of radiological material, such as nuclear 
     reactor fuel or medical or industrial isotopes, for purely 
     peaceful purposes. The Managers do intend, however, that if a 
     country contributes to the proliferation of such materials to 
     be used as or in radiological weapons, or with the knowledge 
     or reason to believe that they would be so used, then section 
     40 of AECA should be applied.
     Sec. 1205. Congressional notification of small arms and light 
         weapons license approval; reports
       This section amends section 36(c) of the Arms Export 
     Control Act (AECA) to require that arms transfers consisting 
     of defense articles that are firearms controlled under 
     category I of the United States Munitions List be notified to 
     the Congress, if such proposed transfers are valued at 
     $1,000,000 or more.
       This section also includes three reporting requirements. 
     First, this section amends section 40 of the AECA to require 
     the executive branch to report on the numbers, range, and 
     findings of end-use monitoring of U.S. transfers of small and 
     light weapons. Second, this section amends section 655 of the 
     Foreign Assistance Act to require additional information on 
     small arms and light weapons including the aggregate dollar 
     value and quantity of semiautomatic assault weapons or spare 
     parts for such weapons that were licensed for export during 
     the period covered by the report required by section 655. And 
     third, this section requires a one-time report on activities 
     of registered arms brokers.
     Sec. 1206. Treatment of Taiwan relating to transfers of 
         defense articles and defense services
       This section requires that Taiwan shall be treated as 
     though it were designated a major non-NATO ally for the 
     purposes of the transfer or possible transfer of defense 
     articles or defense services under the Arms Export Control 
     Act, the Foreign Assistance Act or any other provision of 
     law.


       Subtitle B--International Military Education and Training

     Sec. 1211. Authorization of appropriations
       This section authorizes $85,000,000 for fiscal year 2003 
     for the International Military Education and Training (IMET) 
     program. This level of funding is an increase of $5,000,000 
     over the executive branch's request for fiscal year 2003, 
     which reflects the Managers' strong support for the IMET 
     program.
     Sec. 1212. Human rights violations
       This section requires additional reporting to the Congress 
     regarding human rights violations by participants in the 
     International Military Education and Training (IMET) program.
       Current U.S. law requires that prospective IMET 
     participants be screened to ensure that they do not have 
     records of human rights violations. There is no requirement, 
     however, to monitor their human rights records after 
     receiving U.S. training. Last year, Congress mandated a new 
     Department of Defense database on IMET participants after 
     December 31, 2000, which does not require new collection of 
     information but should help the Defense Department to keep 
     track of the training it provides, and where its former 
     students go as their careers progress. One justification for 
     the IMET program is that it provides human rights training 
     and a consciousness about respecting human rights in its 
     participants, who presumably will be more respectful of human 
     rights concerns in their own countries. This provision will 
     allow the executive branch and the Congress to better assess 
     the impact of IMET human rights training.
       The Managers believe that if a former IMET participant is 
     found to have been involved in a human rights violation, 
     reported in the Department of State's annual human rights 
     report, that person's previous IMET training should be 
     reported to the Congress. To assist the Secretary of State in 
     determining whether there was any such involvement, section 
     1212 authorizes the Secretary to obtain from the Secretary of 
     Defense, annually, any IMET participant database information 
     with respect to a list containing the names of foreign 
     personnel or military units. If it should be determined, as a 
     result, that a former IMET participant was involved in a 
     human rights violation, the Department of Defense shall 
     update its IMET participant database to reflect that 
     information. This process will give policymakers--and 
     especially the Department of Defense itself--new information 
     with which to evaluate and improve the effectiveness of IMET 
     courses.
     Sec. 1213. Participation in post-undergraduate flying 
         training and tactical leadership programs
       This section amends chapter 5 of the Foreign Assistance Act 
     to provide the authority for the President to enter into 
     bilateral or multilateral agreements with friendly foreign 
     countries for the cooperative furnishing of post-
     undergraduate flying and tactical leadership training on a 
     non-reimbursable basis at facilities in Southwest Asia.
       The Managers believe that providing this authority to the 
     President will allow the

[[Page H6463]]

     United States to better utilize the Gulf Air Warfare Center 
     located in the United Arab Emirates. Access to this center 
     will allow the United States to maintain influence with 
     counterparts in the region, and will provide U.S. forces with 
     access to an unparalleled training and range facility.
       The Managers expect that the executive branch will work to 
     ensure that the agreements between the U.S. and certain 
     countries in Southwest Asia will be based on the equitable 
     provision of support and services. The Managers intend that 
     the language provided which allows a waiver for the 
     requirement of equitable support and services should be used 
     sparingly, if at all.


          Subtitle C--Security Assistance for Select Countries

     Sec. 1221. Security assistance for Israel and Egypt
       This section modifies provisions in current law to 
     authorize Foreign Military Financing (FMF) and Economic 
     Support Funds (ESF) at funding levels and under terms and 
     conditions consistent with the executive branch's request for 
     such programs for fiscal year 2003.
       Beginning in fiscal year 2001, the United States began to 
     reduce Economic Support Funds (ESF) assistance to the 
     countries of Israel and Egypt and to replace 50 percent of 
     the reductions in ESF for Israel with an increase in the 
     Foreign Military Financing (FMF) funds for that country. 
     Section 1221 continues that process.
       The Managers also note that this section authorizes 
     $200,000,000 in ESF for Israel for fiscal year 2003 for 
     defensive, nonlethal antiterrorism assistance.
     Sec. 1222. Security assistance for Greece and Turkey
       This section authorizes assistance under the International 
     Military Education and Training (IMET) program for fiscal 
     year 2003 for Greece and Turkey.
       This section continues policies established previously, 
     notably in section 512 of the Security Assistance Act of 2000 
     (P.L. 106-280).
     Sec. 1223. Security assistance for certain other countries
       This section authorizes assistance for Foreign Military 
     Financing (FMF) and International Military Education and 
     Training (IMET) for fiscal year 2003 for selected countries.
       The Managers believe that it is important to specify 
     security assistance amounts for a number of countries of 
     particular concern. In this year's bill, FMF and IMET amounts 
     are specified for the Baltic states, Bulgaria, the Czech 
     Republic, Georgia, Hungary, Jordan, Malta, the Philippines, 
     Poland, Romania, Slovakia and Slovenia. Funding levels for 
     these countries are at or slightly above the executive 
     branch's request for fiscal year 2003.
     Sec. 1224. Assistance to Lebanon
       This section addresses U.S. assistance for Lebanon. Under 
     this section, $10,000,000 of the Economic Support Funds (ESF) 
     allocated to Lebanon must be withheld for fiscal year 2003 
     and for all subsequent fiscal years unless and until the 
     President certifies to the appropriate congressional 
     committees for each fiscal year 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. The withheld 
     funds may not be reprogrammed for any other purpose until the 
     last month of the fiscal year in which the authority to 
     obligate such funds lapses.
       This provision is intended to persuade the Government of 
     Lebanon to meet its obligation under UN Security Council 
     Resolution 425, which calls for restoration of the Government 
     of Lebanon's ``effective authority'' in Southern Lebanon, in 
     the wake of Israel's May 2000 withdrawal from Southern 
     Lebanon. The Israeli withdrawal and compliance with UNSCR 425 
     was certified by the UN Secretary-General and the UN Security 
     Council President. The Government of Lebanon's failure to 
     comply with UNSCR 425 has resulted in significant control of 
     the border by Hizballah, which has initiated numerous attacks 
     on Israeli soldiers and soil, resulting in several deaths and 
     casualties. Allowing an organization designated as a foreign 
     terrorist organization to operate on the Lebanese border 
     during the war on terrorism is highly destabilizing in this 
     volatile region.


      Subtitle D--Excess Defense Article and Drawdown Authorities

     Sec. 1231. Excess defense articles for certain countries
       This section authorizes funds of the Department of Defense 
     to be expended for packing and shipping of excess defense 
     articles (EDA) under section 516 of the Foreign Assistance 
     Act.
       The EDA program enables the United States to meet foreign 
     policy objectives while simultaneously supporting U.S. 
     friends and allies by improving their defense capabilities 
     and enhancing interoperability, and to reduce U.S. stocks of 
     excess equipment. Most Central and Southern European and 
     Newly Independent States countries urgently seek U.S. EDA to 
     replace former Soviet equipment as both a political statement 
     and a way to enhance interoperability with NATO. In addition, 
     certain countries, such as Estonia, Latvia and Lithuania, 
     continue to require EDA as they build their defense forces 
     from zero. Unfortunately, most of these countries cannot 
     afford the packing, crating, handling and transportation 
     (PCH&T) costs associated with EDA as they convert to market 
     economies. Without extended authority to assume those costs, 
     the EDA program becomes virtually unavailable to these 
     countries.
       In the Fiscal Year 2000 and 2001 Foreign Relations 
     Authorization Act, Title XII--Security Assistance, sections 
     1211 and 1212, contained in the Fiscal Year 2001 
     Appropriations Act, P.L. 106-113, such authority was granted 
     for fiscal year 2000 and fiscal year 2001 for EDA provided to 
     Estonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Latvia, 
     Lithuania, Moldova, Poland, Slovakia, Ukraine, and 
     Uzbekistan. The same authority was provided for Mongolia for 
     fiscal year 2001 and fiscal year 2002 in the Security 
     Assistance Act of 2000, Section 707, P.L. 106-80.
       Section 1231 extends these current authorities to fiscal 
     year 2003 for certain specified Central and Southern European 
     and certain other countries. Newly included countries include 
     India, Pakistan, Tajikistan and Turkmenistan, all of which 
     have offered assistance in the war on international 
     terrorism.
     Sec. 1232. Annual listing of possible excess defense articles
       This section amends section 25 of the Arms Export Control 
     Act (AECA) to require that the annual ``Javits report'' of 
     possible arms transfers for the coming year include a list 
     and amount of weapons systems that are significant military 
     equipment that the executive branch believes are likely to 
     become available for transfer as excess defense articles 
     (EDA) during the next 12 months.
       The Managers realize that often it is difficult to 
     determine in advance what defense articles will become 
     available for transfer as EDA and do not expect perfection in 
     an annual listing of such articles. As new significant 
     military equipment is deployed by the United States armed 
     forces, however, the systems it replaces can become available 
     at a predictable rate. Given the increasing strategic role 
     that the transfer of EDA plays in U.S. relations with other 
     countries, the Managers believe that such transfers should be 
     the product of interagency strategic thinking and planning. 
     In order to encourage such a process, section 1232 mandates 
     this new reporting requirement.
     Sec. 1233. Leases of defense articles for foreign countries 
         and international organizations
       This section modifies section 61 of the Arms Export Control 
     Act (AECA) to provide authority to the President to enter 
     into leases for defense articles from the stocks of the 
     Department of Defense for fixed periods of time longer than 
     five years in instances where the defense articles require 
     major refurbishment work prior to delivery to the lessor 
     foreign country or international organization.
       Section 2796(b) of title 22, U.S.C., currently provides 
     that the President may lease defense articles from the stocks 
     of the Department of Defense to eligible foreign countries 
     and international organizations for a fixed duration of not 
     more than five years. Some defense articles require major 
     refurbishment work prior to delivery to the eligible foreign 
     country or international organization. By including the time 
     needed to complete this required refurbishment work in the 
     five-year limit on the overall lease, the actual amount of 
     time the eligible party has the beneficial use of the leased 
     defense article is often significantly reduced. Section 1233 
     provides authority to the President to enter into such leases 
     for fixed periods of time longer than five years, with the 
     period of time for which a particular lease may exceed five 
     years being defined by the time required to perform the 
     required refurbishment work. The recipient of the leased 
     defense article will pay for the actual cost of the 
     refurbishment work.
       In recent years, as an economical and expeditious way to 
     acquire modern defense capabilities to meet their defense 
     requirements in the near term, several NATO allies have 
     sought leases of nonexcess U.S. military fighter aircraft, 
     ships, and tanks that needed major refurbishment. As a 
     result, these allies have committed millions of dollars for 
     the refurbishment work, as well as for the actual lease 
     payments for the defense articles. In addition, they agree to 
     return the refurbished defense articles in as good a 
     condition as when they received them, while taking into 
     consideration normal wear and tear. These major 
     refurbishments may take 18 months or even more, such as with 
     military fighter aircraft. Including the refurbishment time 
     in the five-year lease limit can and often does seriously 
     impact the actual beneficial time of use by the recipient.
       In addition, adding a definition of ``major refurbishment 
     work'' clearly identifies the specific activity that is 
     acceptable outside the five-year lease limit and articulates 
     the minimum period of time for such activity. The specific 
     activity must be ``major refurbishment work,'' and the 
     minimum period of time for such activity is established at 
     six months. The time required to complete the major 
     refurbishment work, rather than the costs associated with 
     this activity, must be the defining point, because it is the 
     delay in delivery and the subsequent reduced amount of time 
     of beneficial use by the recipient that is the major concern.

[[Page H6464]]

     Sec. 1234. Priority with respect to transfer of excess 
         defense articles
       This section amends section 516 of the Foreign Assistance 
     Act to require that the Philippines, along with other 
     eligible countries pursuant to that section, receive priority 
     with respect to the delivery of excess defense articles.


            Subtitle E--Other Political-Military Assistance

     Sec. 1241. Destruction of surplus weapons stockpiles
       This section authorizes that of the assistance made 
     available in fiscal year 2003 to carry out chapters 1 and 10 
     of part I of the Foreign Assistance Act (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.
       From time to time, the United States has supported programs 
     in developing countries to buy back and/or destroy small 
     arms, light weapons, and other munitions that might otherwise 
     be used in criminal activities or ethnic conflicts. Such 
     programs can be especially useful in a country that is 
     emerging from a period of civil war, as was the case in the 
     country of Mali a few years ago when a U.S.-assisted gun buy-
     back program succeeded in removing from circulation a large 
     number of weapons.
       The Managers believe that carefully chosen programs of this 
     sort should be encouraged. Since such programs may be vital 
     to giving a country the stability that is needed for social 
     and economic development, the Managers believe also that the 
     judicious use of development assistance funds for this 
     purpose is warranted. The small arms destruction program is 
     expected to receive $2,000,000 in fiscal year 2003 from the 
     funds allotted to ``Nonproliferation, Anti-terrorism, 
     Demining, and Related Programs.'' Section 1241 does not 
     require that additional funds be made available to this 
     program, but does give the Secretary that option. The 
     Managers believe that these funds should not detract from 
     existing or planned developmental or assistance projects 
     using funds under this chapter of the Foreign Assistance Act.


                  Subtitle F--Antiterrorism Assistance

     Sec. 1251. Authorization of appropriations
       This section authorizes $73,000,000 for fiscal year 2002 
     and $64,200,000 for fiscal year 2003 for antiterrorism 
     assistance, which reflect the executive branch's request.
       The Managers express their strong continued support for the 
     Department of State's antiterrorism assistance programs, 
     which play an important role in improving other countries' 
     ability to protect U.S. diplomatic and military personnel 
     overseas.
     Sec. 1261. Additions to United States war reserves stockpiles 
         for allies
       This section amends section 514 of the Foreign Assistance 
     Act to provide authority to transfer excess munitions items 
     in the value of $100,000,000 to the war reserve stockpile 
     (WRSA) in Israel.
       The Managers note that providing authority to enhance the 
     WRSA in Israel supports the European Command's (USEUCOM) 
     strategy of forward engagement and assists the defense of 
     Israel.
     Sec. 1262. Revised military assistance reporting requirements
       This section amends section 656 of the Foreign Assistance 
     Act (FAA) to make clear that the annual foreign military 
     training report does not apply to any NATO ally, Australia, 
     Japan or New Zealand, unless one of the appropriate 
     committees of Congress has specifically requested in writing 
     the inclusion of such country in the report. As a matter of 
     practice, each committee will file such written request 
     regarding a country if either the chairman or the ranking 
     minority member of that committee determines that such a 
     request is advisable.
       In addition, this section eliminates two reporting 
     requirements. First, this section amends section 655 of the 
     FAA to delete that portion of the annual military assistance 
     report which requires information relating to military 
     imports. And second, this section amends section 36 of the 
     Arms Export Control Act to delete a portion of a report which 
     requires estimates of U.S. military personnel, U.S. 
     Government civilian personnel and U.S. civilian contract 
     personnel in foreign countries assisting in the 
     implementation of security assistance programs.
     Sec. 1263. Consultation with Congress with regard to Taiwan
       This section requires the President to provide biannual 
     detailed briefings and consult with the Congress regarding 
     U.S. security assistance to Taiwan, including the provision 
     of defense articles and defense services.
       The purpose of this provision is to embed in permanent law 
     the briefing and consultation process with regard to arms 
     transfers to Taiwan that has been required in annual 
     appropriations laws and that reflects the current practice 
     adopted by the executive branch.

       Title XIII--Nonproliferation and Export Control Assistance


                     Subtitle A--General Provisions

     Sec. 1301. Authorization of appropriations
       This section authorizes $162,000,000 for fiscal year 2003 
     for Nonproliferation and Export Control Assistance. Of this 
     amount, $2,000,000 is authorized for section 584 of the 
     Foreign Assistance Act of 1961, as added by section 1303 of 
     this Act, and $65,000,000 for fiscal year 2003 for science 
     and technology centers in the independent states of the 
     former Soviet Union. Finally, $382,400,000 is authorized for 
     fiscal year 2003 for ``Nonproliferation, Anti-terrorism, 
     Demining, and Related Programs.''
     Sec. 1302. Nonproliferation technology acquisition programs 
         for friendly foreign countries
       The Managers have consistently supported programs to 
     improve the border security and export control services of 
     friendly foreign countries. Providing reasonably 
     sophisticated detection equipment to those countries can help 
     stem the flow of materials usable in weapons of mass 
     destruction, whether they are radioactive materials or 
     equipment for the manufacture of chemical weapons. To this 
     end, section 1302 authorizes the Department of State to spend 
     up to $5 million annually to buy nuclear, chemical, and 
     biological detection systems for other countries' export 
     control services, as well as $10 million a year for x-ray 
     systems to image sea-cargo containers. The Managers do not 
     intend for these programs to take away from any existing 
     programs or authorities. Rather, these are intended to be two 
     very specific additions to the nonproliferation and export 
     control tool kit.
       To make effective use of these funds, however, the 
     Secretary should develop and budget for a multiyear training 
     plan to assist foreign personnel in the utilization of these 
     detection systems. Although multiyear training will not be 
     required in every case, it will in some; and follow-up 
     training to ensure proper use and maintenance of the 
     equipment will guard against the provision of equipment that 
     is never used or that falls quickly into disrepair. The 
     provision requires the Secretary to submit annual reports for 
     four years to the Senate Foreign Relations and House 
     International Relations Committees describing the systems 
     provided and the progress, status, and budget for a multiyear 
     training program to operate those systems.
     Sec. 1303. International nonproliferation and export control 
         training
       The Department of State, working with other U.S. Government 
     agencies and with governments and non-governmental 
     organizations in friendly countries, has done much to improve 
     export control law, regulations, procedures, and equipment 
     around the world--and most notably in the independent states 
     of the former Soviet Union. The Managers have supported these 
     programs and worked to expand them. The Managers believe that 
     such training, and especially training conducted in the 
     United States where participants can observe a sophisticated 
     export control system firsthand, deserves specific attention 
     in the law. Section 1303 therefore adds nonproliferation 
     export control training to the activities specifically 
     authorized by Chapter 9 of Part II of the Foreign Assistance 
     Act.
       Education and training conducted under this section shall 
     be of a technical nature, emphasizing techniques for 
     detecting, deterring, monitoring, interdicting, and 
     countering proliferation. The Managers see education and 
     training in export control law, regulation, organization, and 
     procedures as fully compliant with this requirement, although 
     we must also train foreign personnel in detection and 
     investigative techniques. The Managers also intend that this 
     section not interfere with education and training programs 
     that take place overseas. Rather, it reflects the Managers' 
     belief that one important element in export control training 
     consists of exposing participants to how our own export 
     control system combines effectiveness with adherence to 
     democratic principles and the rule of law.
     Sec. 1304. Relocation of scientists
       From 1992 through its expiration in 1996, the Soviet 
     Scientists Immigration Act (P.L. 102-509) allowed a total of 
     up to 750 highly skilled scientists and their families to be 
     admitted to the United States without meeting the normal 
     requirement that an alien's services in the sciences, arts, 
     or business be sought by an employer in the United States. 
     Section 1304 revives this law for another 4 years and 
     increases to 950 the total number of such scientists who, 
     over the two 4-year periods, having met criteria set by the 
     Attorney General, may be so admitted. The Attorney General is 
     directed to consult with other departments and agencies to 
     determine whether any changes are needed in the regulations 
     governing this program, and use of this provision is denied 
     to a scientist who has previously been granted the status of 
     an alien lawfully admitted for permanent residence.
     Sec. 1305. International Atomic Energy Agency regular budget 
         assessments
       The International Atomic Energy Agency (IAEA) is a 
     particularly important international organization. It 
     furthers U.S. national security objectives by helping to 
     prevent the proliferation of nuclear weapons material, 
     especially through its work on effective verification and 
     safeguards measures. The Department of State has concluded 
     that the IAEA ``is a critical and effective instrument for 
     verifying compliance with international nuclear 
     nonproliferation agreements, and serves as an essential 
     barrier to the spread of nuclear weapons.'' The organization 
     is poised to become even more active and important, moreover, 
     as more countries sign the new model safeguards protocol that 
     grants the IAEA the right to inspect undeclared facilities, 
     and as the nuclear

[[Page H6465]]

     weapons states seek its help in verifying warhead or fissile 
     material storage or destruction agreements. In addition, in 
     March 2002, the IAEA established an important new program to 
     reduce the risks of nuclear or radiological terrorism.
       Nearly two decades of ``zero budget growth'' have impaired 
     the ability of the IAEA to carry out its mission and to hire 
     and retain the most qualified inspectors and Managers. The 
     proportion of safeguards inspectors who hold doctorate 
     degrees has fallen from 32 percent in 1985 to 19 percent in 
     2000. In June 2001, IAEA Director General Dr. Mohamed El 
     Baradei told his Board of Governors that zero real growth had 
     left the safeguards mission underfunded by $20 million in the 
     regular budget, which ``led to a situation where . . . we are 
     in a position to carry out only adequate safeguards, not 
     optimum safeguards, owing to our inability to modernize 
     equipment and make full use of available new technologies.'' 
     Voluntary contributions by the United States lessen the 
     IAEA's budgetary constraints, but they cannot readily be used 
     for the long-term capital investments or permanent staff 
     increases necessary for an effective IAEA safeguards regime.
       In light of these real problems in an agency upon which the 
     United States depends to enforce the Nuclear Nonproliferation 
     Treaty, the Managers believe that a gradual and sustained 
     increase in the IAEA's regular budget is needed. The Managers 
     also believe that more of that budget should be devoted to 
     nuclear nonproliferation activities, but this cannot be 
     achieved unless the total increases as well.
       The IAEA's 2003 regular budget has already been fixed, so 
     no increase in that budget can be achieved before 2004. Given 
     the urgency of attending to materials that pose a risk of 
     being used in nuclear or radiological terrorism, notably 
     research reactor fuels that use fissile material and 
     ``orphaned'' radioactive sources, this section authorizes a 
     $10,000,000 increase in the United States voluntary 
     contribution to the IAEA for 2003.
       The Managers have been informed of the Administration's 
     decision no longer to insist that its approximate share of 
     the IAEA budget be reduced from 25 percent to 22 percent, in 
     keeping with reductions that are required by law in our 
     contributions to most United Nations organizations. Section 
     308 makes clear that 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 (contained in 
     Appendix G of P.L. 106-113), 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 
     like the IAEA should be maintained at levels commensurate 
     with the criticality of their missions.
     Sec. 1306. Amendments to the Iran Nonproliferation Act of 
         2000
       This section specifies in greater detail the content of the 
     reports to the Congress that are required pursuant to the 
     Iran Nonproliferation Act of 2000. It also makes clear that 
     if a person only transfers to Iran advanced conventional 
     weapons covered by section 2(a)(1)(E) of the Act, that person 
     is not automatically exempt from sanctions. This amendment to 
     section 5(a)(2) of the Act is in keeping with the original 
     intent of Congress.
     Sec. 1307. Amendments to the North Korea Threat Reduction Act 
         of 1999
       This section amends Section 822(a) of the North Korea 
     Threat Reduction Act of 1999 (Subtitle B of title VIII of 
     division A of HR 3427, as enacted into law by section 
     1000(a)(7)) by substituting for the existing listing of 
     facilities, components, goods and so forth, the term 
     ``specified nuclear item,'' which is further defined as 
     such material, facilities, components, goods, services or 
     technology which would be subject to an Agreement for 
     Cooperation if exported to North Korea; and components 
     that are listed in Annex A or B to the Nuclear Suppliers 
     Group Guidelines.
     Sec. 1308. Annual report on the proliferation of missiles and 
         essential components of nuclear, biological, and chemical 
         weapons
       This section consolidates four existing reporting 
     requirements into one annual report on the proliferation of 
     missiles and nuclear, biological and chemical weapons.


   Subtitle B--Russian Federation Debt Reduction for Nonproliferation

     Sec. 1311. Short title
       This section states the short title as ``Russian Federation 
     Debt for Nonproliferation Act of 2002.''
     Sec. 1312. Findings and purposes
       This section sets forth findings regarding the United 
     States' security interest in preventing the spread of weapons 
     of mass destruction and reducing world stockpiles of such 
     weapons, especially in the Russian Federation. Among the 
     findings are that existing nonproliferation assistance 
     programs have made substantial progress, but that the threats 
     posed by inadequate management of weapons of mass destruction 
     stockpiles and complexes in the Russian Federation remain 
     urgent, especially the threat that weapons of mass 
     destruction materials or technology will be sold or stolen 
     and diverted to rogue states or terrorists.
       New funding streams are needed for programs to stem these 
     threats, and the burden will have to be shared by the Russian 
     Federation, the United States, and other governments. The 
     Russian Federation assumed the Soviet Union's debts and owes 
     roughly $2.7 billion to the United States and perhaps ten 
     times that amount to other advanced industrialized countries. 
     Debt reduction could be designed to provide additional 
     funding for nonproliferation and arms reduction initiatives, 
     and this funding could be especially large if U.S. friends 
     and allies were to follow the U.S. lead in this regard. The 
     bold June 2002 decision of the G-8 at its Kananaskis meeting 
     to provide the Russian Federation ``10 plus 10 over 10''--
     $10,000,000,000 in U.S. nonproliferation assistance and 
     $10,000,000,000 in assistance from the other members over 10 
     years--includes the possibility of member states using debt 
     reduction as a means of financing this assistance.
       This section also states that it is in the vital national 
     security interests of the United States that: all stocks of 
     nuclear weapons and weapons-usable nuclear material in the 
     Russian Federation are secure and accounted for; stocks of 
     nuclear weapons and weapons-usable nuclear material that are 
     excess to military needs in the Russian Federation are 
     monitored and reduced; any chemical or biological weapons, 
     related materials, and facilities in the Russian Federation 
     are destroyed; 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; 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 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.
       Subsection (b) states that the purposes of this subtitle 
     are 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, 
     and to help ensure that the resources made available to the 
     Russian Federation are targeted to the accomplishment of 
     these objectives. This subsection also states that the intent 
     is to allow the use of additional resources for these 
     purposes. Specifically, the Managers do not intend that debt 
     reduction be used as a substitute for current direct 
     assistance to nonproliferation programs in the Russian 
     Federation.
     Sec. 1313. Definitions
       Section 1313 defines five terms of art. In particular, in 
     this subtitle, the term ``appropriate congressional 
     committees'' means the Committee on International Relations 
     and the Committee on Appropriations of the House of 
     Representatives, and the Committee on Foreign Relations and 
     the Committee on Appropriations of the Senate.
     Sec. 1314. Authority to reduce the Russian Federation's 
         Soviet-era debt obligations to the United States
       The Russian Federation has assumed the debts owed by the 
     former Soviet Union, including roughly $480,000,000 in Lend-
     Lease debt dating back to U.S. assistance during World War II 
     and $2,240,000,000 in debt owed to the United States as a 
     result of credits extended under Title I of the Agricultural 
     Trade Development and Assistance Act of 1954. Section 1314 
     authorizes the President to reduce this debt after notifying 
     the appropriate congressional committees of his intention at 
     least 15 days in advance of any formal determination to do 
     so, and allocates such sums as may be necessary in fiscal 
     year 2003 for the cost of reduction in this debt. Debt 
     reduction may be implemented upon entry into force of a 
     ``Russian Federation Nonproliferation Investment Agreement'' 
     authorized under section 1315. The authority provided by this 
     section shall be available only to the extent, however, 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 this section are made in advance.
       The Managers understand that any debt reduction agreement 
     reached pursuant to this subtitle is likely to involve the 
     full value of the Russian Federation's Soviet-era official 
     debt to the United States. The purpose of the debt reduction 
     will be to provide new funds for nonproliferation programs in 
     the Russian Federation, rather than to provide debt relief to 
     a country that is, after all, meeting its international 
     financial obligations. The Managers hope, therefore, that any 
     debt reduction agreement will encompass not only the face 
     value of the debt, but also the interest or other debt 
     servicing charges that would otherwise be owed.
     Sec. 1315. Russian Federation nonproliferation investment 
         agreement
       This section authorizes the President, in consultation with 
     other appropriate officials of the Federal Government, to 
     enter into a ``Russian Federation Nonproliferation Investment 
     Agreement'' with the Russian Federation concerning the use of 
     the funds saved by that country as a result of any debt 
     reduction provided pursuant to this subtitle. The Managers 
     intend that such an agreement govern any debt reduction 
     provided pursuant to sections 1314.

[[Page H6466]]

       The Managers are especially cognizant of the need to ensure 
     that funds provided through Russian Federation debt reduction 
     be invested in nonproliferation programs or projects in an 
     efficient and transparent manner. The Russian Federation 
     Nonproliferation Investment Agreement shall therefore ensure 
     that: (1) an amount equal to the value of the debt reduced 
     pursuant to this subtitle will be made available for agreed 
     nonproliferation programs and projects; (2) each such program 
     or project will be approved by the President; (3) 
     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 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 a given 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.
       Further, this subsection expresses 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; the United States and the Russian Federation 
     should consider commissioning the 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; and the Agreement should 
     provide for significant penalties if agreed funds are 
     misappropriated, or if the President is unable to certify for 
     two consecutive years that Russia 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, as 
     required in section 1317.
     Sec. 1316. Independent media and the rule of law
       The United States has an important interest in encouraging 
     the development of an independent media sector and the rule 
     of law in the Russian Federation. Such developments would 
     help develop Russian involvement in and cooperation with 
     Western political and economic institutions, thereby 
     increasing Russia's economic well-being and its likelihood of 
     maintaining nonproliferation programs on its own (through 
     increased transparency and a decreased incentive to profit 
     from illicit technology sales). They would also make it less 
     likely that a rogue operation to engage in proliferation 
     could ever go undetected or unexposed.
       Section 1316 therefore provides that up to 10 percent of 
     the funds saved by the Russian Federation as a result of any 
     debt relief provided pursuant to this subtitle may be used to 
     promote a vibrant, independent media sector and the rule of 
     law in the Russian Federation. The mechanism for this would 
     be 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 the management of the 
     endowment, its funds, and the Center's programs. While the 
     President is not obligated to use the authority provided by 
     this section, given events in Russia over the past year, in 
     which independent media outlets have been closed or placed 
     under government control, the Managers strongly urge the 
     executive branch to explore exercising this authority.
     Sec. 1317. Restrictions on debt reduction authority
       The overarching framework for debt-for-nonproliferation 
     under this subtitle is that benefits to the Russian 
     Federation that flow from debt reduction and devoting the 
     funds saved to nonproliferation programs are greater than any 
     similar benefits gained from the proliferation of sensitive 
     items and technologies to state sponsors of terrorism. As 
     such, the first condition of any debt reduction is the need 
     for the Russian Federation to stem the flow of sensitive 
     goods, technologies, material, and know-how related to the 
     research, design, development, and production of weapons of 
     mass destruction and the means to deliver them to countries 
     that have been determined by the Secretary of State to have 
     repeatedly provided support for acts of international 
     terrorism. In particular, the Managers are most concerned 
     regarding the proliferation of dual-use nuclear and missile 
     goods, technologies, materials, and know-how to Iran. Section 
     1317 therefore conditions section 1314 concerning the 
     authority to grant debt reduction by requiring the President 
     to certify to the appropriate committees of Congress that the 
     Russian Federation has made and continues to make ``material 
     progress'' toward that end before any debt reduction can be 
     provided. For this purpose, 'material progress' is defined as 
     significant, measurable, and demonstrable reductions in 
     Russian proliferation as measured on an annual basis. Until 
     that certification can be made, no debt reduction can be 
     provided, unless the President waives this requirement 
     pursuant to the provisions of subsection (c).
       This section also states in subsection (b) that if in any 
     subsequent annual report to Congress submitted pursuant to 
     section 1317 the President cannot certify that the Russian 
     Federation continues to meet the condition required in 
     subsection (a), then the authorities granted under this 
     subtitle may not be exercised and funds may not be expended, 
     unless and until such certification is made to the 
     appropriate congressional committees. Under subsection (c), 
     the President may waive the requirements of subsections (a) 
     and (b) for a given fiscal year if the President determines 
     that the imposition of those requirements in that fiscal year 
     would be detrimental to the national interest of the United 
     States and so reports to the appropriate committees of 
     Congress.
     Sec. 1318. Discussion of Russian Federation debt reduction 
         for nonproliferation with other creditor states
       Western countries, other than the United States, hold 
     roughly 90 percent of the Russian Federation's Soviet-era 
     official bilateral debt. Were these countries to join with 
     the United States in allowing this debt to be used for 
     nonproliferation programs in the Russian Federation, the 
     funds available for such purposes would be greatly enhanced. 
     Section 1318 expresses the sense of Congress that the 
     President and other appropriate officials designated by the 
     President should pursue discussions with other creditor 
     states to: ensure 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 reach 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
       This section expresses 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. 
     This interagency committee is intended to coordinate all U.S. 
     Government nonproliferation programs in the former Soviet 
     Union and will be best situated to provide efficient and 
     effective oversight and management of both existing 
     nonproliferation programs and programs or projects resulting 
     from any debt reduction.
     Sec. 1320. Consultations with Congress
       This section requires the President to 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
       This section requires the President, no later than December 
     31, 2003, and annually by December 31 of each subsequent 
     year, to 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 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 continues to meet 
     the condition required by section 1317(a) and an explanation 
     as to why such certification was or was not made.


          Subtitle C--Nonproliferation Assistance Coordination

     Sec. 1331. Short title
       This section states that this subtitle may be cited as the 
     ``Nonproliferation Assistance Coordination Act of 2002.''
     Sec. 1332. Findings
       This section states the findings of Congress. United States 
     nonproliferation efforts in the independent states of the 
     former Soviet Union have achieved important results in 
     keeping weapons of mass destruction and related material, 
     technology and knowledge out of the hands of terrorists and 
     rogue states. The many U.S. programs are managed by several 
     departments, however, and repeated studies have cited a lack 
     of effective coordination. For example, the Russia Task Force 
     of the Secretary of Energy Advisory Board, chaired by former 
     Senator (and now Ambassador) Howard Baker and former

[[Page H6467]]

     White House counsel Lloyd Cutler, said of these programs: 
     ``Coordination within and among U.S. Government agencies is 
     insufficient and must be improved.'' (Cited in Howard Baker 
     and Lloyd Cutler, Co-Chairs, Russia Task Force, Secretary of 
     Energy Advisory Board, A Report Card on the Department of 
     Energy's Nonproliferation Programs with Russia, January 10, 
     2001, p. 23.)
       The Administration formed an interagency mechanism for its 
     review of these programs, and the Managers believe that a 
     similar approach is needed for continuing high-level 
     coordination among programs. Private sector spending and 
     foreign investment are increasingly important sources of 
     employment for ex-weapons scientists in the former Soviet 
     Union. Some of these efforts are channeled through U.S. 
     Government or U.S.-supported institutions like the Department 
     of Energy's Initiatives for Proliferation Prevention 
     program, the State Department's International Science and 
     Technology Centers program and the Cooperative Research 
     and Development Foundation. The Managers also believe that 
     nongovernmental efforts, like those of Ted Turner's 
     Nuclear Threat Initiative, will also play an important 
     role, however, and the U.S. Government should coordinate 
     its efforts with those of the private sector.
     Sec. 1333. Definitions
       This section defines terms used in this subtitle. It 
     defines the term ``independent states of the former Soviet 
     Union'' to have the meaning given the term in section 3 of 
     the FREEDOM Support Act (22 U.S.C. 5801). ``Appropriate 
     committees of Congress'' is defined to mean 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
       This section directs the President to establish a mechanism 
     to coordinate U.S. efforts in formulating and carrying out 
     programs for achieving nonproliferation and threat reduction. 
     This mechanism shall include: representatives designated, 
     respectively, by the Secretaries of State, Defense, Energy, 
     and Commerce, the Attorney General, and the Director of the 
     Office of Homeland Security or such successor department or 
     agency; and any other executive branch official the President 
     selects. Each department or agency representative should, to 
     the maximum extent possible, have been appointed by the 
     President with the advice and consent of the Senate. The 
     President shall designate the chair of the coordination 
     mechanism, and the chair may invite the head of any other 
     department or agency to send a representative to participate 
     from time to time in the activities of the coordinating 
     committee.
     Sec. 1335. Purposes and authority
       This section directs that the interagency coordination 
     mechanism should have the authority to commission analyses on 
     issues relating to coordination of nonproliferation 
     assistance programs within the U.S. Government, between the 
     U.S. public and private sectors, and between the United 
     States and other countries. Within the U.S. Government, the 
     coordination mechanism should provide guidance to coordinate, 
     de-conflict and maximize the utility of nonproliferation 
     assistance programs. It should also consider and make 
     recommendations, as necessary, to the President and Congress 
     regarding proposals for new legislation or regulations 
     relating to U.S. nonproliferation efforts in the independent 
     states of the former Soviet Union. Given the large number of 
     departments and congressional committees with a role in this 
     effort, it will be especially useful for the Administration 
     to bring agencies together and make coherent recommendations 
     regarding the increased nonproliferation efforts that are 
     clearly required today. As the aforementioned Baker-Cutler 
     task force stated in its report to the Secretary of Energy, 
     ``[t]he most urgent unmet national security threat to the 
     United States today is the danger that weapons of mass 
     destruction or weapons-usable material in Russia could be 
     stolen and sold to terrorists or hostile nation-states and 
     used against American troops abroad or citizens at home.'' 
     (P. iii)
     Sec. 1336. Administrative support
       This section directs that 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 in carrying out its functions and 
     activities established pursuant to section 1334.
     Sec. 1337. Confidentiality of information
       This section assures that information which has been 
     submitted or received in confidence shall not be publicly 
     disclosed, except to the extent required by law, and such 
     information shall be used by the coordination mechanism only 
     for the purpose of carrying out the functions and activities 
     set forth in this subtitle. This section does not, in and of 
     itself, exempt such information from the Freedom of 
     Information Act. It is intended, rather, to underscore the 
     need for departmental representatives to discuss candidly the 
     successes and shortfalls of their nonproliferation assistance 
     programs and to enable committee members to ``think outside 
     the box'' in formulating guidance for executive branch 
     programs and recommendations to the President and Congress.
     Sec. 1338. Statutory construction
       Section 1338 makes clear that the Nonproliferation 
     Assistance Coordination Act of 2002 does not remove the 
     existing authority of any U.S. department or agency over 
     nonproliferation efforts in the independent states of the 
     former Soviet Union. The interagency coordination mechanism 
     is not to be an operational agency. This subtitle does not 
     give it the budgetary authority vested in the executive 
     branch departments or in the Office of Management and Budget. 
     Neither does this subtitle apply 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
       Section 1339 stipulates that not later than 120 days after 
     each inauguration of a President of the United States of 
     America, the President shall submit a report to the Congress 
     on his or her 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.


     Subtitle D--Iran Nuclear Proliferation Prevention Act of 2002

     Sec. 1341. Short title
       This section states that this subtitle may be cited as the 
     ``Iran Nuclear Proliferation Act of 2002.''
     Sec. 1342. Withholding of voluntary contributions to the IAEA 
         for programs and projects in Iran
       This section amends Section 307 of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2227) 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.)''
     Sec. 1343. Annual review by Secretary of State of programs 
         and projects of the IAEA; U.S. opposition to certain 
         programs and projects of the agency
       This section directs the Secretary to 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 (U.S.C. 2227(a)) and shall determine 
     if such programs and projects are consistent with United 
     States nuclear nonproliferation and safety goals. The 
     Secretary shall also, not later than one year after the date 
     of enactment of this Act, and on an annual basis thereafter 
     for five years, submit to Congress a report containing the 
     results of this review.
       This section also directs the Secretary to 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
       This section requires that, 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 time frame 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. 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
       This section states 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. Pursuant to section 307 of 
     the Foreign Assistance Act, the Managers note the continued 
     restrictions in that provision regarding Cuba which include 
     limitations on U.S. funding for IAEA technical cooperation 
     activities in that country.

[[Page H6468]]

         Title XIV--Expediting the Munitions Licensing Process

     Sec. 1401. License officer staffing
       This section authorizes $10,000,000 for fiscal year 2003 to 
     be appropriated for ``Diplomatic and Consular Programs'' for 
     salaries and expenses of the Office of Defense Trade Controls 
     of the Department. This section also requires that, 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. It is 
     important to note that, given the qualitative differences 
     between individual cases (e.g., in their technical 
     complexity), the caseload for some license review officers 
     might appropriately be significantly fewer than 40 cases per 
     week.
       Finally, given the priority placed on expedited license 
     reviews in recent years by the Department of Defense, this 
     section states that the Secretary of Defense should ensure 
     that 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
       This section directs that of the amount authorized to be 
     appropriated under the appropriations account of the 
     Department entitled ``Capital Investment Fund'' for fiscal 
     year 2003, $4,000,000 is authorized to be available for the 
     Office of Defense Trade Controls of the Department for the 
     modernization of information management.
     Sec. 1403. Information management priorities
       Sec. 1403 requires the Secretary to establish a secure, 
     Internet-based system for the filing and review of 
     applications for export of United States Munitions List 
     items. Of the amount made available pursuant to section 1402, 
     $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 the Export Control Automated Support System of the 
     Department of Commerce, the Foreign Disclosure and Technology 
     Information System and the USXPORTS systems of the Department 
     of Defense, the Export Control System of the Central 
     Intelligence Agency, and the Proliferation Information 
     Network System of the Department of Energy.
     Sec. 1404. Improvements to the automated export system
       Section 1404 mandates that the Secretary of Commerce, with 
     the concurrence of the Secretary of State and the Secretary 
     of the Treasury, publish regulations in the Federal Register 
     to require, upon the effective date of those regulations, 
     filing through the Automated Export System for the remainder 
     of exports that were not covered by regulations issued 
     pursuant to section 1252(b) of the Security Assistance Act of 
     1999 (113 Stat. 1501A at 1536, as enacted into law by section 
     1000(a)(7) of Public Law 106-113; 13 U.S.C. 301 note).
       This section also requires the Secretary of State to 
     conclude an information-sharing arrangement with the heads of 
     the United States Customs Service and the Census Bureau to 
     adjust the Automated Export System to parallel information 
     currently collected by the Department of State.
       This section also significantly increases the penalties for 
     failure to file export declarations through the Automated 
     Export System and for knowingly failing to file or filing 
     misleading export information through the Shippers Export 
     Declaration (or any successor document) or the Automated 
     Export System. It sets forth procedures for civil penalty 
     imposition by the Department of Commerce, but permits other 
     agencies to use their own procedures if the Secretary of 
     Commerce delegates enforcement functions to them. It also 
     authorizes the Secretary of Commerce to designate officers or 
     employees of the Office of Export Enforcement to conduct 
     investigations pursuant to chapter 9 of title 13 of the U.S. 
     Code (on the census). 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. The Commissioner of Customs is given 
     similar authority to designate officers or employees of the 
     Customs Service to enforce the provisions of this chapter, or 
     to conduct investigations pursuant to this chapter. Finally, 
     this section authorizes the Secretary of Commerce to 
     promulgate regulations for the implementation and enforcement 
     of this section. The criminal fines provided for in this 
     section are exempted from the provisions of section 3571 of 
     title 18, United States Code. A clerical amendment to the 
     table of sections at the beginning of chapter 9 of title 13, 
     United States Code, strikes the item relating to section 305 
     and inserts, ``305. Penalties for unlawful export information 
     activities.''
     Sec. 1405. Adjustment of threshold amounts for congressional 
         review purposes
       Pursuant to section 36 of the Arms Export Control Act, the 
     Senate Committee on Foreign Relations and the House 
     International Relations Committee receive prior notice of 
     hundreds of arms sales each year. As inflation and improved 
     technology have raised the cost of weapons systems, the old 
     dollar thresholds in the law have forced the reporting of 
     more and more export licenses that are of no substantive 
     interest to either committee, but that necessarily subject 
     U.S. companies to additional delays due to the requirement 
     for congressional consideration.
       This section sets new prior notice thresholds of 
     $25,000,000 for major defense equipment and $100,000,000 for 
     other items, and $300,000,000 for design and construction 
     services, which will apply to most sales to NATO members, 
     Australia, Japan or New Zealand. The one exception will be 
     sales to one or more of those countries that incorporate a 
     new or increased sales territory that includes a country 
     outside of that group. The Managers believe that approval of 
     such a sales territory is tantamount to approving future 
     sales to the listed countries, and sometimes such third-
     country sales pose security or policy concerns. The Managers 
     note that discussions on the issue of notification thresholds 
     with the Department of State and the Department of Defense 
     will continue in the coming year.
     Sec. 1406. Congressional notification of removal of items 
         from the munitions list
       This section requires the President to provide 30 days' 
     notice to the Congress in accordance with the procedures 
     applicable to reprogramming justifications under section 
     634A(a) of the Foreign Assistance Act of 1961 of any items 
     proposed to be removed from the Munitions List. The Defense 
     Trade Security Initiative calls for a review of the Munitions 
     List every 4 years. The Managers understand that the 
     Administration is currently reviewing a portion of the list 
     to determine if items warrant removal from the list. While 
     the recent completion of the review of one-quarter of the 
     Munitions List did not remove any items to the detriment of 
     U.S. national security, the Managers believe that the 
     oversight responsibilities of Congress with regard to the 
     sale of lethal military arms would be prudently exercised by 
     the opportunity to review under these procedures any proposed 
     deletions to the Munitions List. The Managers trust that 
     continued consultation with the Department of State over the 
     ongoing review of and changes to the Munitions List will 
     allow any alterations to the Munitions List to occur without 
     undue delay, controversy, or diminution of U.S. national 
     security.

            Title XV--National Security Assistance Strategy

     Sec. 1501. Briefing on the strategy
       Foreign Military Financing (FMF), transfers of excess 
     defense articles (EDA), and International Military Education 
     and Training (IMET) are justified not simply in military 
     terms, but as contributions to the overall national security 
     of the United States. The fact that they are authorized in 
     the Foreign Assistance Act of 1961 and the Arms Export 
     Control Act reflects a recognition that they are intended 
     primarily to serve foreign policy objectives.
       It can be most difficult, however, to keep foreign policy 
     objectives in the forefront when the details of program 
     implementation involve detailed issues of military efficiency 
     at home and abroad. The Managers believe that the State 
     Department must develop a national security assistance 
     strategy that integrates the FMF, EDA and IMET programs, on a 
     country-by-country basis, into the National Security Strategy 
     of the United States. This will bring greater coherence to 
     those programs and ensure that they achieve maximum benefits 
     for U.S. foreign policy. The Managers appreciate the fact 
     that relevant officials are trying to impose greater 
     strategic and policy discipline on these programs, and they 
     expect to see tangible results in this regard.
       This section directs that, no later that March 31, 2003, 
     officials of the Department of State 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: (a) 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; (b) the number of out-years considered in the 
     strategy; (c) 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; (d) how a national security 
     assistance strategy is being implemented regarding specific 
     countries; (e) any programmatic changes adopted or expected 
     as a result of adopting a strategic approach to security 
     assistance policymaking; (f) any obstacles encountered in 
     formulating or implementing a national security assistance 
     strategy; and (g) any resources or legislative needs 
     highlighted by this process. It is especially important to 
     include similar programs other than FMF, EDA, and IMET, so 
     that uniform policy and standards are maintained over all 
     such programs.
     Sec. 1502. Security assistance surveys
       This section encourages the Secretary of State to use 
     security assistance surveys in the preparation of a national 
     security assistance strategy. This section also authorizes 
     $2,000,000 to be available to the Secretary to

[[Page H6469]]

     conduct security assistance surveys, or request such surveys 
     by the Department of Defense or other U.S. agencies on a 
     reimbursable basis.

                  Title XVI--Miscellaneous Provisions

     Sec. 1601. Nuclear and missile nonproliferation in south Asia
       The war against terrorism has made South Asia a military 
     theater of operations and has produced new, cooperative 
     relations between the United States and both India and 
     Pakistan. It has not reduced, however, the risk that this 
     region will contribute to the proliferation, or even the use, 
     of nuclear weapons. Indeed, concern over the security of 
     special nuclear material in South Asia has been heightened by 
     the increased tension in the area. In promulgating a 
     statement of United States policy on nonproliferation 
     objectives in South Asia, the Managers intend that the 
     executive branch maintain and demonstrate a high priority for 
     these concerns. Osama bin Laden's efforts to acquire weapons 
     of mass destruction make clear that nonproliferation is now 
     part and parcel of the war on terrorism, and not a subsidiary 
     issue. The Committee also intends that all U.S. policy and 
     actions on nuclear issues in South Asia be consistent with 
     United States obligations under the Treaty on the Non-
     Proliferation of Nuclear Weapons (21 U.S.T. 483) and with 
     past U.S. policy on these matters.
       To this end, subsection (a) states that it shall be the 
     policy of the United States, consistent with its obligations 
     under the Treaty on the Non-Proliferation of Nuclear Weapons, 
     to encourage and work with the governments of India and 
     Pakistan to achieve nonproliferation objectives by September 
     30, 2003, including: the continuation of a nuclear testing 
     moratorium; a commitment not to deploy nuclear weapons or 
     ballistic missiles that can carry nuclear weapons and to 
     restrain the ranges and types of missiles developed or 
     deployed; agreement by both governments to bring their export 
     controls in accord with the guidelines established by the 
     major international nonproliferation regimes; 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; and bilateral meetings between senior Indian and 
     Pakistani officials to discuss security issues and establish 
     confidence-building measures with respect to nuclear policies 
     and programs.
       Subsection (b) states that it shall be the policy of the 
     United States, consistent with its obligations under the 
     Treaty on the Nonproliferation of Nuclear Weapons, 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).
       Finally, this section requires the President to submit, not 
     later than March 1, 2003, 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
       One area in which policy and science both benefit from 
     close collaboration is seismology--the study of disturbances 
     in the earth's crust. Scientists measure seismic waves 
     primarily to study earthquakes and to differentiate them from 
     rock falls and man-made explosions. Public benefits from this 
     work have included a better understanding of earthquakes, 
     improved ability to warn of possible tsunamis so that people 
     can move to higher ground, monitoring of volcanos for public 
     safety purposes, improved techniques to locate oil reserves, 
     and the detection and characterization of nuclear weapons 
     tests. Data gathered for national security reasons can in 
     turn be of great use to science. Pursuant to the 
     Comprehensive Nuclear Test-Ban Treaty, an International 
     Monitoring System (IMS) is being put in place that will link 
     170 seismic monitoring stations, including some that are new 
     or in locations to which outside observers have not 
     previously had access. The United States participates in the 
     development of the IMS and receives near-real time data from 
     the seismic and other sensors in that system.
       These data, if made available to scientists in a timely 
     fashion, would improve worldwide earthquake monitoring 
     capabilities. Combining IMS data with seismological data from 
     sites outside the IMS will, in turn, enable scientists to 
     assist governments--including our own--in determining whether 
     an unusual seismic event was a nuclear weapons test. The 
     United States has pressed for near-real time release of IMS 
     data to the public, but has not achieved international 
     consensus in favor of that.
       The Managers believe that more must be done to bring about 
     the timely release of these data. The case for letting all 
     the world's experts obtain these data in a timely fashion is 
     one that every country should understand: more complete data 
     and competitive analysis decrease the risk that an event will 
     be misinterpreted. And if, as appears to be the case, nearly 
     all countries accept this argument, then they ought to act 
     upon that, either through appropriate international 
     organizations or through separate bilateral or multilateral 
     agreements regarding each country's data.
       Section 1602 directs the head of the Air Force Technical 
     Applications Center (AFTAC) to make available to the public, 
     as soon as possible after receipt, all raw seismological data 
     provided to the United States Government by any international 
     monitoring organization that is directly responsible for 
     seismological monitoring. AFTAC is the U.S. Government agency 
     that gathers these data, so its director is an appropriate 
     official to release them.
     Sec. 1603. Detailing U.S. governmental personnel to 
         international arms control and nonproliferation 
         organizations
       United States Government personnel have performed important 
     work for international organizations over the years. One 
     well-known example was UNSCOM, the United Nations Special 
     Commission in Iraq, which conducted inspections in that 
     country in an effort to locate and destroy weapons of mass 
     destruction capabilities. Such details of U.S. personnel 
     serve both our own national interest and the world's need for 
     technical and logistical expertise in these crucial 
     organizations. Too often, however, the personnel detailed to 
     international organizations find that their careers suffer 
     because they have spent months or years away from their home 
     offices and outside normal personnel career paths. This 
     section directs the Secretary of State to develop measures 
     whereby U.S. personnel may be detailed to international arms 
     control and nonproliferation organizations without having 
     their careers suffer, and to report to the appropriate 
     committees no later than May 1, 2003, on measures taken.
     Sec. 1604. Diplomatic presence overseas
       As the events since September 11, 2001, have made all too 
     clear, antiterrorism and nonproliferation are increasingly 
     important elements of American foreign and national security 
     policy. These are not issues that America can handle alone. 
     Rather, we must enlist other nations to do their part as 
     well, both at home and in international fora. To meet the 
     challenges of the 21st century, U.S. missions overseas must 
     have high-level personnel who have both language training and 
     substantive expertise in nonproliferation and political 
     military affairs.
       This section authorizes the Secretary of State to create 
     the position of Counselor for Nonproliferation and Political 
     Military Affairs at U.S. missions overseas, to be filled by 
     career Civil Service officers or Foreign Service officers who 
     will receive, as a rule, 10 months of special substantive or 
     language training before assuming their posts.
     Sec. 1605. Compliance with the Chemical Weapons Convention
       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. 
     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)). 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 
     Organization for the Prevention of Chemical Weapons (OPCW). 
     The only United States laboratory currently designated by the 
     OPCW is the United States Army Edgewood Forensic Science 
     Laboratory.
       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 section 304 of the Chemical Weapons 
     Convention Implementation Act of 1998 (22 U.S.C. 6724), the 
     United States must possess, at a minimum, a second OPCW-
     designated laboratory. The possession of a second laboratory 
     is especially necessary in view of the potential for a 
     challenge inspection to be initiated against the United 
     States by a foreign nation. 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 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.
       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. The 
     Managers believe that, in order to safeguard samples taken on 
     U.S. territory and bolster the legitimacy of the analysis of 
     those samples, thereby protecting the proprietary and 
     business interests of U.S. firms, and to promote similar 
     transparency and confidence when inspections are conducted 
     abroad, one of the

[[Page H6470]]

     United States designated laboratories should not be a U.S. 
     Government facility.
       This section therefore requires that the United States 
     National Authority, by June 1, 2003, select a nongovernmental 
     laboratory to pursue designation by the OPCW. A report is 
     required by March 1, 2003, detailing a plan for securing OPCW 
     designation of a third United States laboratory by December 
     1, 2004. With three designated U.S. laboratories, the OPCW 
     could randomly send a real sample to two laboratories and a 
     false sample to the third, so that a laboratory would never 
     be sure what sample it was analyzing. This approach, which is 
     in keeping with OPCW intent worldwide, would reduce 
     significantly the value of any espionage information that a 
     country or company might hope to gain by infiltrating a 
     laboratory.

            Title XVII--Authority to Transfer Naval Vessels

     Sec. 1701. Authority to transfer naval vessels to certain 
         foreign countries
       This section authorizes the President 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).
       This section also authorizes the President 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).
       This section also states that 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.
       This section states further that 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.
       This section also directs that, for a vessel transferred on 
     a grant basis to Turkey, 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.
       This section also directs that, 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, be performed at a 
     shipyard located in the United States, including a United 
     States Navy shipyard.
       Finally, 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.

     From the Committee on International Relations, for 
     consideration of the House bill and the Senate amendment, and 
     modifications committed to conference:
     Henry Hyde,
     Christopher H. Smith,
     Tom Lantos,
     Howard L. Berman,
     Ileana Ros-Lehtinen,
     From the Committee on the Judiciary for consideration of 
     sections 234, 236, 709, 710, and 844 and section 404 of the 
     Senate amendment, and modifications committed to conference:
     F. James Sensenbrenner,
     John Conyers, Jr.,
                                Managers on the Part of the House.

     Joe Biden,
     Paul S. Sarbanes,
     Chris Dodd,
     John F. Kerry,
     Jesse Helms,
     Dick Lugar,
     Chuck Hagel,
     Managers on the Part of the Senate.

                          ____________________