[Congressional Record Volume 148, Number 146 (Wednesday, November 13, 2002)]
[Senate]
[Pages S10889-S10893]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. GRAMM:
  S. 3150. A bill to authorize negotiation of free trade agreements 
with Turkey, and for other purposes; to the Committee on Finance.
      By Mr. GRAMM:
  S. 3151. A bill to authorize negotiation of free trade agreements 
with Afghanistan, and for other purposes; to the Committee on Finance.
  Mr. GRAMM. Mr. President, today I am introducing legislation to 
authorize the President to negotiate free trade agreements with the 
countries of Turkey and Afghanistan. Trade is a powerful engine in the 
promotion of prosperity and in the strengthening of freedom. The more 
we promote trade, the more we benefit and the more our trading partners 
benefit.
  The legislation builds upon the Bipartisan Trade Promotion Authority 
Act of 2002, enacted earlier in the year. Within the structure of that 
Act, each of these bills would give the sanction of the Congress to 
undertaking free trade negotiations with Turkey and with Afghanistan. 
That sanction would remain in place for five years, ample time to 
conclude these important agreements.
  Turkey has correctly been called the eastern anchor of NATO, an ally 
of the United States across some five decades in the effort to keep the 
world free. Turkey is a secular nation with a predominantly Muslim 
population and historic ties to the United States. For nearly one 
hundred years Turkey has served as an important force for modernization 
in the eastern Mediterranean and central Asian area.
  Turkey's successes have provided important examples to many of the 
new nations of the former Soviet union located on the southern border 
of Russia. As these nations map out their future, they do so with 
frequent reference to the experience of Turkey. A free trade agreement 
with Turkey would mean that we would be a lasting, positive part of 
that future, contributing to Turkey's continued growth and democratic 
development, and influence that would be sure to have a beneficial 
effect on Turkey's neighbors. Such an agreement would operate well in 
light of our existing free trade agreements with Israel and with 
Jordan.
  Afghanistan is at an historical turning point. What better way to 
rebuild the Afghan economy and set the Afghan people firmly on the road 
to prosperity than with a free trade agreement with the United States?
  In addition, history has shown the powerful effect of trade and other 
economic freedoms in creating a stable basis for the growth and 
maintenance of political freedom. In Germany, Italy, Japan, Taiwan, 
South Korea, Chile, and elsewhere, we have seen authoritarian regimes 
replaced by stable, free societies preceded by the growth of trade and 
economic freedom. A free trade agreement between the United States and 
Afghanistan can and should be a powerful tool in our efforts to bring 
peace and prosperity to a land that has known little of either.
  I ask unanimous consent that the text of the two bills be printed in 
the Record.
  There being no objection, the bills were ordered to be printed in the 
Record, as follows:

                                S. 3150

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Turkey Free Trade Agreement 
     Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The economic prosperity of the United States and Turkey 
     will increase by reducing trade barriers between the 2 
     countries.
       (2) Trade protection endangers economic prosperity in the 
     United States and Turkey and undermines civil liberty and 
     constitutionally limited government.
       (3) The successful establishment of a North American Free 
     Trade Area sets the pattern for the reduction of trade 
     barriers throughout the world, enhancing prosperity in place 
     of the cycle of increasing trade barriers and deepening 
     poverty that results from a resort to protectionism and trade 
     retaliation.
       (4) The reduction of government interference in the foreign 
     and domestic sectors of a nation's economy and the 
     concomitant promotion of economic opportunity and freedoms 
     promote civil liberty and constitutionally limited 
     government.
       (5) Countries that observe a consistent policy of free 
     trade, the promotion of free enterprise and other economic 
     freedoms (including effective protection of private property 
     rights), and the removal of barriers to foreign direct 
     investment, in the context of constitutionally limited 
     government and minimal interference in the economy, will 
     follow the surest and most effective prescription to 
     alleviate poverty and provide for economic, social, and 
     political development.

     SEC. 3. FREE TRADE AREA FOR TURKEY.

       (a) In General.--The President shall take action to 
     initiate negotiations to obtain trade agreements with Turkey, 
     the terms of which provide for the reduction and ultimate 
     elimination of tariffs and other nontariff barriers to trade.
       (b) Reciprocal Basis.--An agreement entered into under 
     subsection (a) shall be reciprocal and provide mutual 
     reductions in trade barriers to promote trade, economic 
     growth, and employment.

     SEC. 4. FAST-TRACK CONSIDERATION OF IMPLEMENTING BILLS.

       (a) In General.--Notwithstanding the prenegotiation 
     notification and consultation requirement described in 
     section 2104(a) of the Bipartisan Trade Promotion Authority 
     Act of 2002 (19 U.S.C. 3804(a)), subsection (b) shall apply 
     to any agreement negotiated under section 3(a), subject to 
     subsection (c).
       (b) Treatment of Agreements.--Subject to subsection (c), in 
     the case of any agreement to which subsection (a) applies--
       (1) the applicability of the trade authorities procedures 
     to implementing bills shall be determined without regard to 
     the requirements of section 2104(a) of the Bipartisan Trade 
     Promotion Authority Act of 2002 (19 U.S.C. 3804(a)) (relating 
     only to 90 days notice prior to initiating negotiations), and 
     any procedural disapproval resolution under section 
     2105(b)(1)(B) of such Act shall not be in order on the basis 
     of a failure or refusal to comply with the provisions of 
     section 2104(a) of such Act; and
       (2) the President shall, as soon as feasible after the 
     commencement of negotiations under section 3(a)--
       (A) notify the Congress of such negotiations, the specific 
     United States objectives in the negotiations, and whether the 
     President is seeking a new agreement or changes to an 
     existing agreement; and
       (B) before and after submission of the notice, consult 
     regarding the negotiations with the committees referred to in 
     section 2104(a)(2) of such Act and the Congressional 
     Oversight Group convened under section 2107 of such Act.
       (c) Termination of Authority.--The authority of this 
     section shall apply only to agreements entered into before 
     January 1, 2008.
                                 ______
                                 

                                S. 3151

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Afghanistan Free Trade 
     Agreement Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The economic prosperity of the United States and 
     Afghanistan will increase by reducing trade barriers.
       (2) Trade protection endangers economic prosperity in the 
     United States and Afghanistan and undermines civil liberty 
     and constitutionally limited government.
       (3) Free trade between the United States and Afghanistan 
     will help in strengthening of Afghanistan's economic 
     security.
       (4) The successful establishment of a North American Free 
     Trade Area sets the pattern for the reduction of trade 
     barriers throughout the world, enhancing prosperity in place 
     of the cycle of increasing trade barriers, and deepening 
     poverty that results from a resort to protectionism and trade 
     retaliation.
       (5) The reduction of government interference in the foreign 
     and domestic sectors of a nation's economy and the 
     concomitant promotion of economic opportunity and freedoms 
     promote civil liberty and constitutionally limited 
     government.

[[Page S10890]]

       (6) Countries that observe a consistent policy of free 
     trade, the promotion of free enterprise and other economic 
     freedoms (including effective protection of private property 
     rights), and the removal of barriers to foreign direct 
     investment, in the context of constitutionally limited 
     government and minimal interference in the economy, will 
     follow the surest and most effective prescription to 
     alleviate poverty and provide for economic, social, and 
     political development.

     SEC. 3. FREE TRADE AGREEMENT WITH AFGHANISTAN.

       (a) In General.--The President shall take action to 
     initiate negotiations to obtain trade agreements with 
     Afghanistan, the terms of which provide for the reduction and 
     ultimate elimination of tariffs and other nontariff barriers 
     to trade.
       (b) Reciprocal Basis.--An agreement entered into under 
     subsection (a) shall be reciprocal and provide mutual 
     reductions in trade barriers to promote trade, economic 
     growth, and employment.

     SEC. 4. FAST-TRACK CONSIDERATION OF IMPLEMENTING BILLS.

       (a) In General.--Notwithstanding the prenegotiation 
     notification and consultation requirement described in 
     section 2104(a) of the Bipartisan Trade Promotion Authority 
     Act of 2002 (19 U.S.C. 3804(a)), subsection (b) shall apply 
     to any agreement negotiated under section 3(a), subject to 
     subsection (c).
       (b) Treatment of Agreements.--Subject to subsection (c), in 
     the case of any agreement to which subsection (a) applies--
       (1) the applicability of the trade authorities procedures 
     to implementing bills shall be determined without regard to 
     the requirements of section 2104(a) of the Bipartisan Trade 
     Promotion Authority Act of 2002 (19 U.S.C. 3804(a)) (relating 
     only to 90 days notice prior to initiating negotiations), and 
     any procedural disapproval resolution under section 
     2105(b)(1)(B) of such Act shall not be in order on the basis 
     of a failure or refusal to comply with the provisions of 
     section 2104(a) of such Act; and
       (2) the President shall, as soon as feasible after the 
     commencement of negotiations under section 3(a)--
       (A) notify the Congress of such negotiations, the specific 
     United States objectives in the negotiations, and whether the 
     President is seeking a new agreement or changes to an 
     existing agreement; and
       (B) before and after submission of the notice, consult 
     regarding the negotiations with the committees referred to in 
     section 2104(a)(2) of such Act and the Congressional 
     Oversight Group convened under section 2107 of such Act.
       (c) Termination of Authority.--The authority of this 
     section shall apply only to agreements entered into before 
     January 1, 2008.
                                 ______
                                 
      By Mr. GRASSLEY (for himself and Mr. Baucus):
  S. 3154. A bill to amend the Internal Revenue Code of 1986 to combat 
fuel excise tax fraud; to the Committee on Finance.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. TRANSFER BY REGISTERED PIPELINE OR VESSEL REQUIRED 
                   FOR FUEL TAX EXEMPTION OF BULK TRANSFERS TO 
                   REGISTERED TERMINALS OR REFINERIES.

       (a) In General.--Section 4081(a)(1)(B) of the Internal 
     Revenue Code of 1986 (relating to exemption for bulk 
     transfers to registered terminals or refineries) is amended--
       (1) by inserting ``by pipeline or vessel'' after 
     ``transferred in bulk'', and
       (2) by inserting ``, the operator of the pipeline or 
     vessel,'' after ``the taxable fuel''.
       (b) Civil Penalty for Carrying Taxable Fuels by 
     Nonregistered Pipelines or Vessels.--
       (1) In general.--Part II of subchapter B of chapter 68 of 
     the Internal Revenue Code of 1986 (relating to assessable 
     penalties) is amended by adding at the end the following new 
     section:

     ``SEC. 6717. CARRYING TAXABLE FUELS BY NONREGISTERED 
                   PIPELINES OR VESSELS.

       ``(a) Imposition of Penalty.--If any taxable fuel (as 
     defined in section 4083(a)(1)) is willfully carried by 
     pipeline or vessel the operator of which is not registered 
     under section 4101, then such operator shall pay a penalty in 
     addition to the tax (if any).
       ``(b) Amount of Penalty.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     amount of the penalty under subsection (a) on each act shall 
     be $10,000.
       ``(2) Multiple violations.--In determining the penalty 
     under subsection (a) on any person, paragraph (1) shall be 
     applied by increasing the amount in paragraph (1) by the 
     product of such amount and the number of prior penalties (if 
     any) imposed by this section on such person (or a related 
     person or any predecessor of such person or related person).
       ``(c) Joint and Several Liability.--
       ``(1) In general.--If a penalty is imposed under this 
     section on any business entity, each officer, employee, or 
     agent of such entity or other contracting party who willfully 
     participated in any act giving rise to such penalty shall be 
     jointly and severally liable with such entity for such 
     penalty.
       ``(2) Affiliated groups.--If a business entity described in 
     paragraph (1) is part of an affiliated group (as defined in 
     section 1504(a)), the parent corporation of such entity shall 
     be jointly and severally liable with such entity for the 
     penalty imposed under this section.''.
       (2) Clerical amendment.--The table of sections for part II 
     of subchapter B of chapter 68 of such Code is amended by 
     adding at the end the following new item:
``Sec. 6717. Carrying taxable fuels by nonregistered pipelines or 
              vessels.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2003.

     SEC. 2. RETURNS FILED ELECTRONICALLY.

       (a) In General.--Section 4083 of the Internal Revenue Code 
     of 1986 (relating to definitions; special rule; 
     administrative authority) is amended by adding at the end the 
     following new subsection:
       ``(d) Returns Required to be Filed Electronically.--
       ``(1) Fuel.--Any registered operator of a terminal, 
     refinery, pipeline, or vessel, or any registered dealer in 
     aviation fuel, having more than 25 transactions in a month 
     shall file by electronic format any return required by the 
     Secretary for the tracking of fuel.
       ``(2) Vehicles.--Any person required to file a return under 
     section 4481 having at least 25 vehicles shall file such 
     return by electronic format.''.
       (b) Format for Filing.--The Secretary of the Treasury shall 
     describe the electronic format for filing--
       (1) in the case of returns described in section 4083(d)(1) 
     of the Internal Revenue Code of 1986 (as added by subsection 
     (a)), not later than 30 days after the date of the enactment 
     of this Act, and
       (2) in the case of returns described in section 4083(d)(2) 
     of such Code (as so added), not later than 90 days after such 
     date.
       (c) Effective Date.--The amendment made by this section 
     shall apply to returns due after the date the Secretary of 
     the Treasury describes the format for filing under subsection 
     (b).

     SEC. 3. TAX ON SALE OF DIESEL FUEL WHETHER SUITABLE FOR USE 
                   OR NOT IN A DIESEL-POWERED VEHICLE OR TRAIN.

       (a) In General.--Section 4083(a)(3) of the Internal Revenue 
     Code of 1986 (defining diesel fuel) is amended by adding at 
     the end the following new sentence: ``For purposes of section 
     4081(a)(1)(A)(iv), such term includes any liquid (other than 
     gasoline) sold or offered for sale whether or not such fuel 
     is suitable for such use.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 4. CIVIL PENALTY FOR REFUSAL OF ENTRY.

       (a) In General.--Part II of subchapter B of chapter 68 of 
     the Internal Revenue Code of 1986 (relating to assessable 
     penalties), as amended by this Act, is amended by adding at 
     the end the following new section:

     ``SEC. 6718. REFUSAL OF ENTRY.

       ``In addition to any criminal penalty provided by law, in 
     the case of any person with the intent to transport and 
     distribute untaxed, adulterated fuel mixtures or to transport 
     and distribute dyed diesel for taxable use, if such person 
     refuses to admit entry or refuses to permit any other action 
     by the Secretary authorized by section 4083(c)(1), then such 
     person shall pay a penalty of $1,000 for such refusal.''.
       (b) Conforming Amendments.--
       (1) Section 4083(c)(3) of the Internal Revenue Code of 1986 
     is amended--
       (A) by striking ``entry.--The penalty'' and inserting: 
     ``entry.--
       ``(A) Forfeiture.--The penalty'', and
       (B) by adding at the end the following new subparagraph:
       ``(B) Civil penalty.--For a civil penalty for the refusal 
     to admit entry or other refusal to permit an action by the 
     Secretary authorized by paragraph (1), see section 6718.''.
       (2) The table of sections for part II of subchapter B of 
     chapter 68 of such Code, as amended by this Act, is amended 
     by adding at the end the following new item:

``Sec. 6718. Refusal of entry.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2003.

     SEC. 5. DISPLAY OF REGISTRATION.

       (a) In General.--Section 4101 of the Internal Revenue Code 
     of 1986 (relating to registration and bond) is amended by 
     adding at the end the following new subsection:
       ``(e) Display of Registration.--Every person required by 
     the Secretary to register under this section with respect to 
     tax imposed by section 4041(a)(1), 4081, or 4091 shall 
     receive and display proof of registration on vessels used in 
     transporting fuel.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2003.

     SEC. 6. UNTAXED ADULTERATED FUEL MIXTURES TREATED AS DYED 
                   FUELS UNDER PENALTY PROVISION.

       (a) In General.--Section 6715(c)(1) of the Internal Revenue 
     Code of 1986 (defining dyed fuel) is amended by inserting ``, 
     any dyed

[[Page S10891]]

     diesel fuel or kerosene which has been chemically altered in 
     an attempt to remove the dye, or any other adulterated fuel 
     mixture not previously taxed'' after ``section 4082''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 7. TAX AT POINT OF ENTRY WHERE IMPORTER NOT REGISTERED.

       (a) In General.--Section 4081(a)(1) of the Internal Revenue 
     Code of 1986 (relating to tax on entry, removal, or sale) is 
     amended by adding at the end the following new subparagraph:
       ``(C) Tax at entry where importer not registered.--
       ``(i) In general.--For purposes of subparagraph (A)(iii), 
     if the person entering the taxable fuel is not registered 
     under section 4101, the imposition of the tax is at the time 
     and point of entry.
       ``(ii) Jeopardy assessment.--The collection of any tax 
     imposed on fuel described in clause (i) shall be deemed to be 
     in jeopardy and the Secretary shall make an immediate 
     assessment under section 6862.
       ``(iii) Enforcement of assessment.--The fuel described in 
     clause (i) and the vehicle or vessel in which such fuel was 
     transported shall be detained for the period ending with--

       ``(I) the filing of a bond by the importer of record under 
     section 6863(a), or
       ``(II) if such a bond is not filed within the 5-day period 
     beginning with such detaining, the sale of such fuel as 
     provided under section 6336.''.

       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 8. MODIFICATIONS OF TAX ON USE OF CERTAIN VEHICLES.

       (a) Increase in Rate of tax.--The table contained in 
     section 4481(a) of the Internal Revenue Code of 1986 
     (relating to imposition of tax) is amended by striking 
     ``$550'' and inserting ``$600''.
       (b) No Proration of Tax Unless Vehicle is Destroyed or 
     Stolen.--
       (1) In general.--Section 4481(c) of the Internal Revenue 
     Code of 1986 (relating to proration of tax) is amended to 
     read as follows:
       ``(c) Proration of Tax Where Vehicle Destroyed or Stolen.--
       ``(1) In general.--If in any taxable period a highway motor 
     vehicle is destroyed or stolen before the first day of the 
     last month in such period and not subsequently used during 
     such taxable period, the tax shall be reckoned 
     proportionately from the first day of the month in such 
     period in which the first use of such highway motor vehicle 
     occurs to and including the last day of the month in which 
     such highway motor vehicle was destroyed or stolen.
       ``(2) Destroyed.--For purposes of paragraph (1), a highway 
     motor vehicle is destroyed if such vehicle is damaged by 
     reason of an accident or other casualty to such an extent 
     that it is not economic to rebuild.''.
       (2) Display of Tax Certificate.--Paragraph (2) of section 
     4481(d) of such Code (relating to one tax liability for 
     period) is amended to read as follows:
       ``(2) Display of tax certificate.--Every person, agency, or 
     instrumentality which pays the tax imposed under this section 
     with respect to a highway motor vehicle shall, not later than 
     October 1 with respect to each taxable period, receive and 
     display on such vehicle a proof of payment decal.''.
       (3) Conforming amendments.--
       (A) Section 6156 of such Code (relating to installment 
     payment of tax on use of highway motor vehicles) is repealed.
       (B) The table of sections for subchapter A of chapter 62 of 
     such Code is amended by striking the item relating to section 
     6156.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable periods beginning after the date of 
     the enactment of this Act.

     SEC. 9. ADDITIONAL RULES REGARDING INSPECTIONS OF RECORDS.

       (a) Provision of Copies of Records.--Section 4102 of the 
     Internal Revenue Code of 1986 (relating to inspection of 
     records by local officers) is amended by inserting ``, and 
     copies shall be furnished upon request of,'' after 
     ``inspection by''.
       (b) Inspection By Other Enforcement Agencies.--Section 4102 
     of the Internal Revenue Code of 1986, as amended by 
     subsection (a), is amended by inserting ``, and information 
     on returns required to be filed with respect to taxes under 
     section 4481 shall be open to inspection by officers of any 
     State agency charged with the registration and licensing of 
     vehicles described in such section and officers of any other 
     Federal or State agency charged with the enforcement of 
     Federal or State law regarding motor fuels or criminal 
     activities regarding motor fuels'' after ``section 4083)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 10. AUTHORITY TO INSPECT ON-SITE RECORDS.

       (a) In General.--Section 4083(c)(1)(A) of the Internal 
     Revenue Code of 1986 (relating to administrative authority) 
     is amended by striking ``and'' at the end of clause (i) and 
     by inserting after clause (ii) the following new clause:
       ``(iii) inspecting any books and records to determine the 
     names and addresses of the persons selling or purchasing such 
     fuel, and''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 11. PROHIBITION OF ADMINISTRATIVE REVIEW OF PENALTY FOR 
                   TAXABLE USE OF DYED DIESEL FUEL.

       (a) In General.--Section 6406 of the Internal Revenue Code 
     of 1986 (relating to prohibition of administrative review of 
     decisions) is amended--
       (1) by striking ``In the absence'' and inserting ``(a) In 
     General.--In the absence'', and
       (2) by adding at the end the following new subsection:
       ``(b) Penalty Decision Regarding Taxable Use of Dyed Diesel 
     Fuel.--In the absence of fraud or mistake in chemical 
     analysis or mathematical calculation, if the findings of fact 
     by chemical analysis show the presence of dye in diesel fuel 
     being used on the highway, the assertion of the penalty under 
     section 6715 shall not be subject to appeal to or review by 
     any other administrative or accounting officer, employee, or 
     agent of the United States.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
      By Mr. HELMS:
  S. 3155. A bill to authorize the President to establish and maintain 
the Foreign Language and Cultural Institute program; to the Committee 
on Foreign Relations.
  Mr. HELMS. Mr. President, I am today introducing a bill entitled the 
Language Mastery Support Act of 2002. I don't expect this Senate to act 
on it this year, but I hope and believe it can serve as a model for the 
108th Congress.
  This bill addresses the dangerous shortage of government officials 
who possess critical foreign languages skills and expert knowledge of 
foreign cultures. A report issue this year by the General Accounting 
Office concluded that foreign language skills are critical to the 
success of our diplomatic and intelligence agencies and that the 
shortage of skilled personnel has adversely affected American law 
enforcement, intelligence, counter-terrorism, diplomatic and military 
efforts.
  The end of the Cold War and the rise of terrorism have exacerbated 
this problem because the most serious shortages involved those 
languages found in Asia and the Middle East. In fact, we have received 
warning signals. For example, the disclosure that intercepts of 
suspected terrorists were translated long after the events they 
discussed had taken place should be viewed with alarm.
  Even before 9/11, Senator Cochran referred to a ``crisis in federal 
language capabilities'' when the intelligence community disclosed that 
the United States could be faced with a ``technical surprise'' because 
thousands of foreign scientific papers could not be translated due to 
the lack of skilled translators.
  Our governments has experienced this shortage of skilled personnel 
going back to the beginning of the Cold War. Intermittent attempts to 
solve the problem over the years have left us with an accumulation of 
patchwork fixes. As the recent GAO report demonstrates clearly, this 
approach has not succeeded. It is time to take a fresh approach and 
seek a broader, long-term solution.
  This bill will establish a national program in our academic 
institutions that encourages students to pursue critical language 
skills, supports their academic careers and provides a clear employment 
path to Federal agencies. It does so by making maximum use of existing 
academic programs and facilities with minimal additional resources.
  Students enrolled in this program would be required to meet certain 
academic standards for which they would receive reasonable stipends, 
equivalent to those provided under the ROTC program.
  During the academic summers, under this legislation, participants 
would receive specialized training at underutilization Federal and 
academic facilities, instructed by a faculty composed of both Federal 
Government and civilian instructors. The participants could also travel 
to overseas posts for so-called ``immersion'' training in foreign 
languages and cultures at U.S. diplomatic and military facilities.
  At the beginning of their senior year, participants would receive 
offers of employment from interests Federal agencies which they must 
accept or reject within 30 days. This would allow their processing to 
be completed by the time they graduate, allowing them to enter the 
Federal workforce without the current delays attributable to security 
clearances and administrative processing.
  The program would be embodied in an Institute. This Institute would 
not

[[Page S10892]]

be composed of bricks and mortar but of a nationwide enrollment of 
students at colleges and universities who would receive specialized 
training during their academic summers. The Institute would be run by a 
Chairman of the Board, appointed by the President. The Chairman would 
be supported by a Board composed of representatives from each of the 
participating Federal agencies. Staff would be minimal and provided by 
the participating agencies.
  Each agency would still be able to set its own qualifications issue 
its own employment offers and maintain its own security requirements. 
But it could do so in a manner that is competitive with private 
industry employment opportunities that are available to graduates, 
after an opportunity to evaluate potential employees throughout the 
course of their involvement in the Institute and with the added benefit 
of the financial incentive that the Institute would provide.
  This program will broaden the pool of available candidates for 
Federal employment, allow Federal agencies to compete efficiently for 
these skilled language specialists and make Federal employment more 
attractive.
  So far, we have avoided serious consequences from the lack of 
language skills in the Federal Government. This bill constitutes a new 
approach to this problem. It is long overdue and desperately needed. I 
ask that each of my colleagues give it prompt and serious 
consideration.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 3155

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Language Mastery Support Act 
     of 2002''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to establish a program of study 
     and overseas training in critical foreign languages and 
     cultures, including the establishment of a Foreign Language 
     and Cultural Institute, in order to--
       (1) increase in Federal Government service the number of 
     persons possessing critical skills that are in short supply;
       (2) create a pool of prospective candidates for employment 
     in those agencies of the Federal Government that rely on 
     significant levels of overseas assignments;
       (3) provide monetary and employment incentives for 
     candidates to participate in the program;
       (4) facilitate the identification of potential Federal 
     Government employees with the pool of prospective candidates;
       (5) provide additional opportunities for candidate 
     development and evaluation;
       (6) substantially shorten the delay between identification 
     of a desirable candidate and entry upon service by the 
     candidate;
       (7) minimize the necessity for training during the initial 
     period of employment;
       (8) provide for ``cross-fertilization'' through the 
     incorporation of both private sector and Government 
     instructors in the faculty of the Institute;
       (9) reduce the underutilization of existing Government and 
     educational facilities; and
       (10) achieve these objectives for a minimal cost, that 
     would be partially offset by a reduction in the amount of 
     initial training provided by participating agencies for new 
     employees.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Approved facilities.--The term ``approved facilities'' 
     means--
       (A) excess Government facilities, including former military 
     installations; and
       (B) institutions of higher education that are underutilized 
     in the summer months.
       (2) Board.--The term ``Board'' means the Interagency 
     Critical Foreign Languages and Cultures Board established by 
     section 4(c).
       (3) Critical foreign languages and cultures.--The term 
     ``critical foreign languages and cultures'' means foreign 
     languages and cultures--
       (A) identified by the Board as necessary for the effective 
     implementation of United States national security policy; and
       (B) with respect to which there exists a shortage of 
     skilled personnel among the personnel of participating 
     agencies.
       (4) Institute.--The term ``Institute'' means the program 
     established under section 4(a).
       (5) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (6) Participant.--The term ``participant'' means a person 
     who is enrolled in the Institute.
       (7) Participating agency.--The term ``participating 
     agency'' means the Department of State, the Department of 
     Defense, the Central Intelligence Agency, the Defense 
     Intelligence Agency, the National Security Agency, and the 
     Federal Bureau of Investigation.
       (8) Participation agreement.--The term ``participation 
     agreement'' means an agreement between the Institute and a 
     person otherwise eligible for enrollment in the Institute 
     under which--
       (A) the person agrees--
       (i) to respond to any offer of employment extended by a 
     participating agency, not later than 30 days after the 
     commencement of the participant's final academic year, by 
     accepting or rejecting such employment; and
       (ii) to serve in that agency for a period not less than the 
     period specified in the agreement; and
       (B) the Institute agrees to provide the allowances 
     established by the Board pursuant to section 4(g)(1).

     SEC. 4. ESTABLISHMENT OF THE INSTITUTE.

       (a) In General.--To carry out the purpose of section 2, the 
     President is authorized to establish and maintain a study and 
     training program described in section 5 that shall be known 
     as the ``Foreign Language and Cultural Institute''.
       (b) Implementation.--The President shall exercise the 
     authority of subsection (a) through the Interagency Critical 
     Foreign Languages and Cultures Board established in 
     subsection (c).
       (c) Establishment of Interagency Board.--
       (1) Establishment.--There is established an Interagency 
     Critical Foreign Languages and Cultures Board that shall 
     consist of seven members, as follows:
       (A) One member appointed by the President from among 
     individuals in the private sector having expertise in matters 
     within the purpose of this Act, who shall serve as Chairman 
     of the Board.
       (B) Six members, of whom one each shall be an official of a 
     participating agency, who shall be designated by the head of 
     the agency to serve on the Board.
       (2) Duties of the board.--The Board shall, under the 
     supervision of the Chairman--
       (A) develop the curriculum of the Institute;
       (B) provide policy recommendations to the President 
     regarding the administration of the Institute;
       (C) establish procedures for the operation of the 
     Institute; and
       (D) provide oversight for the operation of the Institute.
       (3) Terms.--The term of office for the Chairman and for 
     each other member of the Board shall be three years.
       (4) Compensation.--
       (A) In general.--Except as provided in subparagraphs (B) 
     and (C), each member of the Board shall serve without 
     compensation.
       (B) Compensation of the chairman.--The Chairman shall be 
     paid at the rate of basic pay for positions classified at 
     level III of the Executive Schedule under section 5314 of 
     title 5, United States Code.
       (C) Travel expenses.--The members of the Board 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 service for the Board.
       (5) Administrative support.--The Secretary of State shall 
     provide such staff personnel and other administrative 
     services as may be necessary to support the Board. Additional 
     staff may be provided by participating agencies.

     SEC. 5. PROGRAM DESCRIPTION.

       (a) Regular Program.--Each participant in the Institute 
     shall undertake a program of study and training in critical 
     foreign languages and cultures that shall primarily consist 
     of courses of study or training taken at accredited 
     institutions of higher learning during the normal academic 
     year.
       (b) Supplemental Instruction.--
       (1) In general.--The program described in subsection (a) 
     shall be supplemented by instruction at Institute facilities 
     approved by the Board, at least one of which shall be located 
     in each major geographic region in the United States.
       (2) Program periods.--Such supplemental instruction shall 
     be given through the Institute during specified periods in 
     each of three consecutive years, as follows:
       (A) For the first year of participation, courses of study 
     taken during the summer period between the participant's 
     sophomore and junior undergraduate years.
       (B) For the second year of participation, courses of study 
     or training which may include training at diplomatic missions 
     or consular posts, taken during the summer period between the 
     participant's junior and senior undergraduate years or at 
     such times as the Board may determine.
       (C) For the third year of participation, courses of study, 
     or training which may include training at diplomatic or 
     consular posts, taken during the summer period that follows 
     award of a baccalaureate or equivalent degree to the 
     participant or at such times as the Board may determine.
       (3) Additional activities.--Supplemental instruction under 
     this subsection may include such other activities as the 
     Board may determine. The Board may modify the instruction 
     provided for under subparagraph (A), (B), or (C) of paragraph 
     (2).
       (c) Eligibility.--To be enrolled as a participant in the 
     Institute a person shall--
       (1) be a citizen of the United States;
       (2) be enrolled as a sophomore, junior, or senior in an 
     institution of higher education

[[Page S10893]]

     or graduate of such an institution during the preceding year;
       (3) be selected for participation in the Institute under 
     procedures prescribed by the Board; and
       (4) have entered into a participation agreement pursuant to 
     procedures established by the Board.
       (d) Conditional Offer of Employment.--
       (1) In general.--If a participating agency elects to employ 
     a participant, the agency shall extend to the participant, 
     not later than the commencement of the final academic year of 
     the participant, an offer of employment in the agency 
     conditioned upon satisfactory completion of the Institute 
     program by the participant as specified in the participation 
     agreement.
       (2) Statutory construction.--Nothing in this Act is 
     intended to alter or restrict any qualifications for 
     employment established by any of the participating agencies.
       (e) Successful Completion.--The Board shall establish 
     criteria to be met by participants the satisfaction of which 
     shall entitle participants to a certificate acknowledging 
     their satisfactory completion of the Institute program.
       (f) Curriculum.--
       (1) In general.--The Board shall develop the Institute 
     curriculum and shall assign such personnel provided under 
     section 4(c)(4) as may be necessary for instruction under the 
     curriculum and for adequate administrative support. In 
     addition, the Board is authorized under section 3109(b) of 
     title 5, United States Code, to enter into contracts with 
     instructors employed at institutions of higher education or 
     equivalent institutions and for other services necessary to 
     provide for the establishment and operation of the Institute.
       (2) Supplemental instruction.--With the prior approval of 
     the Board, a participant may enroll in courses of study at 
     institutions of higher education with advanced syllabi in 
     foreign affairs, languages, economics, religion, art, and 
     history in lieu of one of the periods of instruction provided 
     for under paragraph (1), (2), or (3) of subsection (b).
       (g) Financial Assistance.--
       (1) Stipend.--The Board shall establish a schedule of 
     stipends to be provided to program participants to offset the 
     costs of tuition, fees, and books, not to exceed the 
     comparable allowances established for the Reserve Officer 
     Training Corps pursuant to section 209 of title 37, United 
     States Code.
       (2) Debt relief.--
       (A) In general.--The head of a participating agency that 
     employs an individual who has satisfactorily completed the 
     Institute program is authorized to provide for the repayment 
     of student loans made to the participant for expenses 
     incurred while the participant was enrolled in the Institute.
       (B) Factors for exercise of discretion.--In determining 
     whether, or to what extent, to provide loan repayment under 
     subparagraph (A), the head of the participating agency shall 
     consider the individual's length of Government service, 
     acceptance of hardship postings, possession of critical 
     foreign languages and cultural skills, and proficiency in 
     critical foreign languages.

     SEC. 6. ANNUAL REPORT.

       Not later than December 1 of each year, the Chairman of the 
     Board shall submit to the Committee on Foreign Relations of 
     the Senate and the Committee on International Relations of 
     the House of Representatives a report that--
       (1) summarizes the activities of the Institute over the 
     previous academic year ending on September 30;
       (2) describes the programs planned for the current and 
     succeeding two academic years; and
       (3) provides statistical data on--
       (A) the number of applicants for participation in the 
     Institute;
       (B) the number of participants enrolled in the Institute;
       (C) the number of participants who have successfully 
     completed the Institute program;
       (D) the number of employment offers extended to 
     participants from participating agencies;
       (E) the number of employment offers accepted by 
     participants;
       (F) the costs associated with the operations of the 
     Institute, together with an itemization of the costs 
     associated with the operations of the Board; and
       (G) any other information that the Chairman of the Board 
     determines to be useful for evaluating the operations of the 
     Institute.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     the President $7,500,000 for the fiscal year 2003 to carry 
     out this Act.
       (b) Availability of Funds.--Amounts appropriated pursuant 
     to subsection (a) are authorized to remain available until 
     expended.

                          ____________________