[Congressional Record (Bound Edition), Volume 148 (2002), Part 9]
[Senate]
[Pages 12381-12388]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENT ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. HAGEL:
  S. 2712. A bill to authorize economic and democratic development 
assistance for Afghanistan and to authorize military assistance for 
Afghanistan and certain other foreign countries; to the Committee on 
Foreign Relations.
  Mr. HAGEL. 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:

                                S. 2712

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITION.

       (a) Short Title.--This Act may be cited as the 
     ``Afghanistan Freedom Support Act of 2002''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents; definition.

TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN

Sec. 101. Declaration of policy.
Sec. 102. Purposes of assistance.
Sec. 103. Principles of assistance.
Sec. 104. Authorization of assistance.
Sec. 105. Coordination of assistance.
Sec. 106. Administrative provisions.
Sec. 107. Authorization of appropriations.

TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN 
               COUNTRIES AND INTERNATIONAL ORGANIZATIONS

Sec. 201. Support for security during transition in Afghanistan.
Sec. 202. Authorization of assistance.
Sec. 203. Eligible foreign countries and eligible international 
              organizations.
Sec. 204. Reimbursement for assistance.
Sec. 205. Authority to provide assistance.
Sec. 206. Promoting secure delivery of humanitarian and other 
              assistance in Afghanistan.
Sec. 207. Sunset.

   TITLE III--ADDITIONAL REQUIREMENTS WITH RESPECT TO ASSISTANCE FOR 
                              AFGHANISTAN

Sec. 301. Prohibition on United States involvement in poppy cultivation 
              or illicit narcotics growth, production, or trafficking.

[[Page 12382]]

Sec. 302. Requirement to report by certain United States officials.
Sec. 303. Report by the President.

       (c) Definition.--In this Act, the term ``Government of 
     Afghanistan'' includes--
       (1) the government of any political subdivision of 
     Afghanistan; and
       (2) any agency or instrumentality of the Government of 
     Afghanistan.

TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN

     SEC. 101. DECLARATION OF POLICY.

       Congress makes the following declarations:
       (1) The United States and the international community 
     should support efforts that advance the development of 
     democratic civil authorities and institutions in Afghanistan 
     and the establishment of a new broad-based, multi-ethnic, 
     gender-sensitive, and fully representative government in 
     Afghanistan.
       (2) The United States, in particular, should provide its 
     expertise to meet immediate humanitarian and refugee needs, 
     fight the production and flow of illicit narcotics, and aid 
     in the reconstruction of Afghanistan's agriculture, health 
     care, civil service, financial, and educational systems.
       (3) By promoting peace and security in Afghanistan and 
     preventing a return to conflict, the United States and the 
     international community can help ensure that Afghanistan does 
     not again become a source for international terrorism.
       (4) The United States should support the objectives agreed 
     to on December 5, 2001, in Bonn, Germany, regarding the 
     provisional arrangement for Afghanistan as it moves toward 
     the establishment of permanent institutions and, in 
     particular, should work intensively toward ensuring the 
     future neutrality of Afghanistan, establishing the principle 
     that neighboring countries and other countries in the region 
     do not threaten or interfere in one another's sovereignty, 
     territorial integrity, or political independence, including 
     supporting diplomatic initiatives to support this goal.
       (5) The special emergency situation in Afghanistan, which 
     from the perspective of the American people combines 
     security, humanitarian, political, law enforcement, and 
     development imperatives, requires that the President should 
     receive maximum flexibility in designing, coordinating, and 
     administering efforts with respect to assistance for 
     Afghanistan and that a temporary special program of such 
     assistance should be established for this purpose.
       (6) To foster stability and democratization and to 
     effectively eliminate the causes of terrorism, the United 
     States and the international community should also support 
     efforts that advance the development of democratic civil 
     authorities and institutions in the broader Central Asia 
     region.

     SEC. 102. PURPOSES OF ASSISTANCE.

       The purposes of assistance authorized by this title are--
       (1) to help assure the security of the United States and 
     the world by reducing or eliminating the likelihood of 
     violence against United States or allied forces in 
     Afghanistan and to reduce the chance that Afghanistan will 
     again be a source of international terrorism;
       (2) to support the continued efforts of the United States 
     and the international community to address the humanitarian 
     crisis in Afghanistan and among Afghan refugees in 
     neighboring countries;
       (3) to fight the production and flow of illicit narcotics, 
     to control the flow of precursor chemicals used in the 
     production of heroin, and to enhance and bolster the 
     capacities of Afghan governmental authorities to control 
     poppy cultivation and related activities;
       (4) to help achieve a broad-based, multi-ethnic, gender-
     sensitive, and fully representative government in Afghanistan 
     that is freely chosen by the people of Afghanistan and that 
     respects the human rights of all Afghans, particularly women, 
     including authorizing assistance for the rehabilitation and 
     reconstruction of Afghanistan with a particular emphasis on 
     meeting the educational, health, and sustenance needs of 
     women and children to better enable their full participation 
     in Afghan society;
       (5) to support the Government of Afghanistan in its 
     development of the capacity to facilitate, organize, develop, 
     and implement projects and activities that meet the needs of 
     the Afghan people;
       (6) to foster the participation of civil society in the 
     establishment of the new Afghan government in order to 
     achieve a broad-based, multiethnic, gender-sensitive, fully 
     representative government freely chosen by the Afghan people, 
     without prejudice to any decisions which may be freely taken 
     by the Afghan people about the precise form in which their 
     government is to be organized in the future;
       (7) to support the reconstruction of Afghanistan through, 
     among other things, programs that create jobs, facilitate 
     clearance of landmines, and rebuild the agriculture sector, 
     the health care system, and the educational system of 
     Afghanistan; and
       (8) to include specific resources to the Ministry for 
     Women's Affairs of Afghanistan to carry out its 
     responsibilities for legal advocacy, education, vocational 
     training, and women's health programs.

     SEC. 103. PRINCIPLES OF ASSISTANCE.

       The following principles should guide the provision of 
     assistance authorized by this title:
       (1) Terrorism and narcotics control.--Assistance should be 
     designed to reduce the likelihood of harm to United States 
     and other allied forces in Afghanistan and the region, the 
     likelihood of additional acts of international terrorism 
     emanating from Afghanistan, and the cultivation, production, 
     trafficking, and use of illicit narcotics in Afghanistan.
       (2) Role of women.--Assistance should increase the 
     participation of women at the national, regional, and local 
     levels in Afghanistan, wherever feasible, by enhancing the 
     role of women in decisionmaking processes, as well as by 
     providing support for programs that aim to expand economic 
     and educational opportunities and health programs for women 
     and educational and health programs for girls.
       (3) Afghan ownership.--Assistance should build upon Afghan 
     traditions and practices. The strong tradition of community 
     responsibility and self-reliance in Afghanistan should be 
     built upon to increase the capacity of the Afghan people and 
     institutions to participate in the reconstruction of 
     Afghanistan.
       (4) Stability.--Assistance should encourage the restoration 
     of security in Afghanistan, including, among other things, 
     the disarmament, demobilization, and reintegration of 
     combatants, and the establishment of the rule of law, 
     including the establishment of a police force and an 
     effective, independent judiciary.
       (5) Coordination.--Assistance should be part of a larger 
     donor effort for Afghanistan. The magnitude of the 
     devastation--natural and man-made--to institutions and 
     infrastructure make it imperative that there be close 
     coordination and collaboration among donors. The United 
     States should endeavor to assert its leadership to have the 
     efforts of international donors help achieve the purposes 
     established by this title.

     SEC. 104. AUTHORIZATION OF ASSISTANCE.

       (a) In General.--The President is authorized to provide 
     assistance for Afghanistan for the following activities:
       (1) Urgent humanitarian needs.--To assist in meeting the 
     urgent humanitarian needs of the people of Afghanistan, 
     including assistance such as--
       (A) emergency food, shelter, and medical assistance;
       (B) clean drinking water and sanitation;
       (C) preventative health care, including childhood 
     vaccination, therapeutic feeding, maternal child health 
     services, and infectious diseases surveillance and treatment;
       (D) family tracing and reunification services; and
       (E) clearance of landmines.
       (2) Repatriation and resettlement of refugees and 
     internally displaced persons.--To assist refugees and 
     internally displaced persons as they return to their home 
     communities in Afghanistan and to support their reintegration 
     into those communities, including assistance such as--
       (A) assistance identified in paragraph (1);
       (B) assistance to communities, including those in 
     neighboring countries, that have taken in large numbers of 
     refugees in order to rehabilitate or expand social, health, 
     and educational services that may have suffered as a result 
     of the influx of large numbers of refugees;
       (C) assistance to international organizations and host 
     governments in maintaining security by screening refugees to 
     ensure the exclusion of armed combatants, members of foreign 
     terrorist organizations, and other individuals not eligible 
     for economic assistance from the United States; and
       (D) assistance for voluntary refugee repatriation and 
     reintegration inside Afghanistan and continued assistance to 
     those refugees who are unable or unwilling to return, and 
     humanitarian assistance to internally displaced persons, 
     including those persons who need assistance to return to 
     their homes, through the United Nations High Commissioner for 
     Refugees and other organizations charged with providing such 
     assistance.
       (3) Counternarcotics efforts.--(A) To assist in the 
     eradication of poppy cultivation, the disruption of heroin 
     production, and the reduction of the overall supply and 
     demand for illicit narcotics in Afghanistan and the region, 
     with particular emphasis on assistance to--
       (i) eradicate opium poppy, establish crop substitution 
     programs, purchase nonopium products from farmers in opium-
     growing areas, quick-impact public works programs to divert 
     labor from narcotics production, develop projects directed 
     specifically at narcotics production, processing, or 
     trafficking areas to provide incentives to cooperation in 
     narcotics suppression activities, and related programs;
       (ii) establish or provide assistance to one or more 
     entities within the Government of Afghanistan, including the 
     Afghan State High Commission for Drug Control, and to provide 
     training and equipment for the entities, to help enforce 
     counternarcotics laws in Afghanistan and limit illicit 
     narcotics growth, production, and trafficking in Afghanistan;

[[Page 12383]]

       (iii) train and provide equipment for customs, police, and 
     other border control entities in Afghanistan and the region 
     relating to illicit narcotics interdiction and relating to 
     precursor chemical controls and interdiction to help disrupt 
     heroin production in Afghanistan and the region;
       (iv) continue the annual opium crop survey and strategic 
     studies on opium crop planting and farming in Afghanistan; 
     and
       (v) reduce demand for illicit narcotics among the people of 
     Afghanistan, including refugees returning to Afghanistan.
       (B) For each of the fiscal years 2002 through 2005, 
     $15,000,000 of the amount made available to carry out this 
     title is authorized to be made available for a contribution 
     to the United Nations Drug Control Program for the purpose of 
     carrying out activities described in clauses (i) through (v) 
     of subparagraph (A). Amounts made available under the 
     preceding sentence are in addition to amounts otherwise 
     available for such purposes.
       (4) Reestablishment of food security, rehabilitation of the 
     agriculture sector, improvement in health conditions, and the 
     reconstruction of basic infrastructure.--To assist in 
     expanding access to markets in Afghanistan, to increase the 
     availability of food in markets in Afghanistan, to 
     rehabilitate the agriculture sector in Afghanistan by 
     creating jobs for former combatants, returning refugees, and 
     internally displaced persons, to improve health conditions, 
     and assist in the rebuilding of basic infrastructure in 
     Afghanistan, including assistance such as--
       (A) rehabilitation of the agricultural infrastructure, 
     including irrigation systems and rural roads;
       (B) extension of credit;
       (C) provision of critical agricultural inputs, such as 
     seeds, tools, and fertilizer, and strengthening of seed 
     multiplication, certification, and distribution systems;
       (D) improvement in the quantity and quality of water 
     available through, among other things, rehabilitation of 
     existing irrigation systems and the development of local 
     capacity to manage irrigation systems;
       (E) livestock rehabilitation through market development and 
     other mechanisms to distribute stocks to replace those stocks 
     lost as a result of conflict or drought;
       (F) mine awareness and demining programs and programs to 
     assist mine victims, war orphans, and widows;
       (G) programs relating to infant and young child feeding, 
     immunizations, vitamin A supplementation, and prevention and 
     treatment of diarrheal diseases and respiratory infections;
       (H) programs to improve maternal and child health and 
     reduce maternal and child mortality;
       (I) programs to improve hygienic and sanitation practices 
     and for the prevention and treatment of infectious diseases, 
     such as tuberculosis and malaria;
       (J) programs to reconstitute the delivery of health care, 
     including the reconstruction of health clinics or other basic 
     health infrastructure, with particular emphasis on health 
     care for children who are orphans;
       (K) programs for housing, rebuilding urban infrastructure, 
     and supporting basic urban services; and
       (L) disarmament, demobilization, and reintegration of armed 
     combatants into society, particularly child soldiers.
       (5) Reestablishment of afghanistan as a viable nation-
     state.--(A) To assist in the development of the capacity of 
     the Government of Afghanistan to meet the needs of the people 
     of Afghanistan through, among other things, support for the 
     development and expansion of democratic and market-based 
     institutions, including assistance such as--
       (i) support for international organizations that provide 
     civil advisers to the Government of Afghanistan;
       (ii) support for an educated citizenry through improved 
     access to basic education, with particular emphasis on basic 
     education for children who are orphans, with particular 
     emphasis on basic education for children;
       (iii) programs to enable the Government of Afghanistan to 
     recruit and train teachers, with special focus on the 
     recruitment and training of female teachers;
       (iv) programs to enable the Government of Afghanistan to 
     develop school curriculum that incorporates relevant 
     information such as landmine awareness, food security and 
     agricultural education, human rights awareness, and civic 
     education;
       (v) support for the activities of the Government of 
     Afghanistan to draft a new constitution, other legal 
     frameworks, and other initiatives to promote the rule of law 
     in Afghanistan;
       (vi) support to increase the transparency, accountability, 
     and participatory nature of governmental institutions, 
     including programs designed to combat corruption and other 
     programs for the promotion of good governance;
       (vii) support for an independent media;
       (viii) programs that support the expanded participation of 
     women and members of all ethnic groups in government at 
     national, regional, and local levels;
       (ix) programs to strengthen civil society organizations 
     that promote human rights and support human rights 
     monitoring;
       (x) support for national, regional, and local elections and 
     political party development;
       (xi) support for the effective administration of justice at 
     the national, regional, and local levels, including the 
     establishment of a responsible and community-based police 
     force; and
       (xii) support for establishment of a central bank and 
     central budgeting authority.
       (B) For each of the fiscal years 2003 through 2005, not 
     less than $10,000,000 of the amount made available to carry 
     out this title should be made available for the purposes of 
     carrying out a traditional Afghan assembly or ``Loya Jirga'' 
     and for support for national, regional, and local elections 
     and political party development under subparagraph (A)(x).
       (6) Market economy.--To support the establishment of a 
     market economy, the establishment of private financial 
     institutions, the adoption of policies to promote foreign 
     direct investment, the development of a basic 
     telecommunication infrastructure, and the development of 
     trade and other commercial links with countries in the region 
     and with the United States, including policies to--
       (A) encourage the return of Afghanistan citizens or 
     nationals living abroad who have marketable and business-
     related skills;
       (B) establish financial institutions, including credit 
     unions, cooperatives, and other entities providing 
     microenterprise credits and other income-generation programs 
     for the poor, with particular emphasis on women;
       (C) facilitate expanded trade with countries in the region;
       (D) promote and foster respect for basic workers' rights 
     and protections against exploitation of child labor; and
       (E) provide financing programs for the reconstruction of 
     Kabul and other major cities in Afghanistan.
       (b) Limitation.--
       (1) In general.--Amounts made available to carry out this 
     title (except amounts made available for assistance under 
     paragraphs (1) through (3) and subparagraphs (F) through (I) 
     of paragraph (4) of subsection (a)) may be provided only if 
     the President first determines and certifies to Congress with 
     respect to the fiscal year involved that substantial progress 
     has been made toward adopting a constitution and establishing 
     a democratically elected government for Afghanistan.
       (2) Waiver.--
       (A) In general.--The President may waive the application of 
     paragraph (1) if the President first determines and certifies 
     to Congress that it is important to the national interest of 
     the United States to do so.
       (B) Contents of certification.--A certification transmitted 
     to Congress under subparagraph (A) shall include a written 
     explanation of the basis for the determination of the 
     President to waive the application of paragraph (1).

     SEC. 105. COORDINATION OF ASSISTANCE.

       (a) In General.--The President is strongly urged to 
     designate, within the Department of State, a coordinator who 
     shall be responsible for--
       (1) designing an overall strategy to advance United States 
     interests in Afghanistan;
       (2) ensuring program and policy coordination among agencies 
     of the United States Government in carrying out the policies 
     set forth in this title;
       (3) pursuing coordination with other countries and 
     international organizations with respect to assistance to 
     Afghanistan;
       (4) ensuring that United States assistance programs for 
     Afghanistan are consistent with this title;
       (5) ensuring proper management, implementation, and 
     oversight by agencies responsible for assistance programs for 
     Afghanistan; and
       (6) resolving policy and program disputes among United 
     States Government agencies with respect to United States 
     assistance for Afghanistan.
       (b) Rank and Status of the Coordinator.--The coordinator 
     designated under subsection (a) shall have the rank and 
     status of ambassador.

     SEC. 106. ADMINISTRATIVE PROVISIONS.

       (a) Applicable Administrative Authorities.--Except to the 
     extent inconsistent with the provisions of this title, the 
     administrative authorities under chapters 1 and 2 of part III 
     of the Foreign Assistance Act of 1961 shall apply to the 
     provision of assistance under this title to the same extent 
     and in the same manner as such authorities apply to the 
     provision of economic assistance under part I of such Act.
       (b) Use of the Expertise of Afghan-Americans.--In providing 
     assistance authorized by this title, the President should--
       (1) maximize the use, to the extent feasible, of the 
     services of Afghan-Americans who have expertise in the areas 
     for which assistance is authorized by this title; and
       (2) in the awarding of contracts and grants to implement 
     activities authorized under this title, encourage the 
     participation of such Afghan-Americans (including 
     organizations employing a significant number of such Afghan-
     Americans).
       (c) Donations of Manufacturing Equipment; Use of Land Grant 
     Colleges and

[[Page 12384]]

     Universities.--In providing assistance authorized by this 
     title, the President, to the maximum extent practicable, 
     should--
       (1) encourage the donation of appropriate excess or 
     obsolete manufacturing and related equipment by United States 
     businesses (including small businesses) for the 
     reconstruction of Afghanistan; and
       (2) utilize research conducted by United States land grant 
     colleges and universities and the technical expertise of 
     professionals within those institutions, particularly in the 
     areas of agriculture and rural development.
       (d) Administrative Expenses.--Not more than 5 percent of 
     the amount made available to a Federal department or agency 
     to carry out this title for a fiscal year may be used by the 
     department or agency for administrative expenses in 
     connection with such assistance.
       (e) Monitoring.--
       (1) Comptroller general.--The Comptroller General shall 
     monitor the provision of assistance under this title.
       (2) Inspector general of usaid.--
       (A) In general.--The Inspector General of the United States 
     Agency for International Development shall conduct audits, 
     inspections, and other activities, as appropriate, associated 
     with the expenditure of the funds to carry out this title.
       (B) Funding.--Not more than $1,500,000 of the amount made 
     available to carry out this title for a fiscal year shall be 
     made available to carry out subparagraph (A).
       (f) Congressional Notification Procedures.--Funds made 
     available to carry out this title may not be obligated until 
     15 days after notification of the proposed obligation of the 
     funds has been provided to the congressional committees 
     specified in section 634A of the Foreign Assistance Act of 
     1961 in accordance with the procedures applicable to 
     reprogramming notifications under that section.

     SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the President to carry out this title $300,000,000 for each 
     of the fiscal years 2002 through 2004, and $250,000,000 for 
     fiscal year 2005. Amounts authorized to be appropriated 
     pursuant to the preceding sentence for fiscal year 2002 are 
     in addition to amounts otherwise available for assistance for 
     Afghanistan.
       (b) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations under subsection (a) are--
       (1) authorized to remain available until expended; and
       (2) in addition to funds otherwise available for such 
     purposes, including, with respect to food assistance under 
     section 104(a)(1), funds available under title II of the 
     Agricultural Trade Development and Assistance Act of 1954, 
     the Food for Progress Act of 1985, and section 416(b) of the 
     Agricultural Act of 1949.

TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN 
               COUNTRIES AND INTERNATIONAL ORGANIZATIONS

     SEC. 201. SUPPORT FOR SECURITY DURING TRANSITION IN 
                   AFGHANISTAN.

       It is the sense of Congress that, during the transition to 
     a broad-based, multi-ethnic, gender-sensitive, fully 
     representative government in Afghanistan, the United States 
     should support--
       (1) the development of a civilian-controlled and centrally-
     governed standing Afghanistan army that respects human rights 
     and prohibits the use of children as soldiers or combatants;
       (2) the creation and training of a professional civilian 
     police force that respects human rights; and
       (3) a multinational security force in Afghanistan.

     SEC. 202. AUTHORIZATION OF ASSISTANCE.

       (a) Types of Assistance.--
       (1) In general.--(A) To the extent that funds are 
     appropriated in any fiscal year for the purposes of this Act, 
     the President may provide, consistent with existing United 
     States statutes, defense articles, defense services, counter-
     narcotics, crime control and police training services, and 
     other support (including training) to the Government of 
     Afghanistan.
       (B) To the extent that funds are appropriated in any fiscal 
     year for these purposes, the President may provide, 
     consistent with existing United States statutes, defense 
     articles, defense services, and other support (including 
     training) to eligible foreign countries and eligible 
     international organizations.
       (C) The assistance authorized under subparagraph (B) shall 
     be used for directly supporting the activities described in 
     section 203.
       (2) Drawdown authority.--The President is authorized to 
     direct the drawdown of defense articles, defense services, 
     and military education and training for the Government of 
     Afghanistan, eligible foreign countries, and eligible 
     international organizations.
       (3) Authority to acquire by contract or otherwise.--The 
     assistance authorized under paragraphs (1) and (2) and under 
     Public Law 105-338 may include the supply of defense 
     articles, defense services, counter-narcotics, crime control 
     and police training services, other support, and military 
     education and training that are acquired by contract or 
     otherwise.
       (b) Amount of Assistance.--The aggregate value (as defined 
     in section 644(m) of the Foreign Assistance Act of 1961) of 
     assistance provided under subsection (a)(2) may not exceed 
     $300,000,000, provided that such limitation shall be 
     increased by any amounts appropriated pursuant to the 
     authorization of appropriations in section 204(b)(1).

     SEC. 203. ELIGIBLE FOREIGN COUNTRIES AND ELIGIBLE 
                   INTERNATIONAL ORGANIZATIONS.

       (a) Eligibility for Assistance.--
       (1) In general.--Except as provided in paragraph (2), a 
     foreign country or international organization shall be 
     eligible to receive assistance under section 202 if such 
     foreign country or international organization is 
     participating in or directly supporting United States 
     military activities authorized under Public Law 107-40 or is 
     participating in military, peacekeeping, or policing 
     operations in Afghanistan aimed at restoring or maintaining 
     peace and security in that country.
       (2) Exception.--No country the government of which has been 
     determined by the Secretary of State to have repeatedly 
     provided support for acts of international terrorism under 
     section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2371), section 6(j)(1) of the Export Administration Act of 
     1979 (50 U.S.C. App. 2405(j)(1)), or section 40(d) of the 
     Arms Export Control Act (22 U.S.C. 2780(d)) shall be eligible 
     to receive assistance under section 202.
       (b) Waiver.--The President may waive the application of 
     subsection (a)(2) if the President determines that it is 
     important to the national security interest of the United 
     States to do so.

     SEC. 204. REIMBURSEMENT FOR ASSISTANCE.

       (a) In General.--Defense articles, defense services, and 
     military education and training provided under section 
     202(a)(2) shall be made available without reimbursement to 
     the Department of Defense except to the extent that funds are 
     appropriated pursuant to the authorization of appropriations 
     in subsection (b)(1).
       (b) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the President such sums as may be necessary to reimburse the 
     applicable appropriation, fund, or account for the value (as 
     defined in section 644(m) of the Foreign Assistance Act of 
     1961) of defense articles, defense services, or military 
     education and training provided under section 202(a)(2).
       (2) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations under paragraph (1) are 
     authorized to remain available until expended, and are in 
     addition to amounts otherwise available for the purposes 
     described in this title.

     SEC. 205. ELIGIBLE FOREIGN COUNTRIES AND ELIGIBLE 
                   INTERNATIONAL ORGANIZATIONS.

       (a) Authority.--The President may provide assistance under 
     this title to any eligible foreign country or eligible 
     international organization if the President determines that 
     such assistance is important to the national security 
     interest of the United States and notifies the Committee on 
     International Relations of the House of Representatives and 
     the Committee on Foreign Relations of the Senate of such 
     determination at least 15 days in advance of providing such 
     assistance.
       (b) Notification.--The report described in subsection (a) 
     shall be submitted in classified and unclassified form and 
     shall include information relating to the type and amount of 
     assistance proposed to be provided and the actions that the 
     proposed recipient of such assistance has taken or has 
     committed to take.

     SEC. 206. PROMOTING SECURE DELIVERY OF HUMANITARIAN AND OTHER 
                   ASSISTANCE IN AFGHANISTAN.

       (a) Findings.--Congress finds the following:
       (1) The President has declared his view that the United 
     States should provide significant assistance to Afghanistan 
     so that it never again becomes a haven for terrorism.
       (2) The delivery of humanitarian and reconstruction 
     assistance from the international community is necessary for 
     the safe return of refugees and is critical to the future 
     stability of Afghanistan.
       (3) Enhanced stability in Afghanistan through an improved 
     security environment is critical to the fostering of the 
     Afghan Interim Authority and the traditional Afghan assembly 
     or ``Loya Jirga'' process, which is intended to lead to a 
     permanent national government in Afghanistan, and also is 
     essential for the participation of women in Afghan society.
       (4) Incidents of violence between armed factions and local 
     and regional commanders, and serious abuses of human rights, 
     including attacks on women and ethnic minorities throughout 
     Afghanistan, create an insecure, volatile, and unsafe 
     environment in parts of Afghanistan, displacing thousands of 
     Afghan civilians from their local communities.
       (5) The violence and lawlessness may jeopardize the ``Loya 
     Jirga'' process, undermine efforts to build a strong central 
     government, severely impede reconstruction and the delivery 
     of humanitarian assistance, and increase the likelihood that 
     parts of Afghanistan will once again become safe havens for 
     al-Qaida, Taliban forces, and drug traffickers.
       (6) The lack of security and lawlessness may also 
     perpetuate the need for United

[[Page 12385]]

     States Armed Forces in Afghanistan and threaten the ability 
     of the United States to meet its military objectives.
       (7) The International Security Assistance Force in 
     Afghanistan, currently led by Turkey, and composed of forces 
     from other willing countries without the participation of 
     United States Armed Forces, is deployed only in Kabul and 
     currently does not have the mandate or the capacity to 
     provide security to other parts of Afghanistan.
       (8) Due to the ongoing military campaign in Afghanistan, 
     the United States does not contribute troops to the 
     International Security Assistance Force but has provided 
     support to other countries that are doing so.
       (9) The United States is providing political, financial, 
     training, and other assistance to the Afghan Interim 
     Authority as it begins to build a national army and police 
     force to help provide security throughout Afghanistan, but 
     this effort is not meeting the immediate security needs of 
     Afghanistan.
       (10) Because of these immediate security needs, the Afghan 
     Interim Authority, its Chairman, Hamid Karzai, and many 
     Afghan regional leaders have called for the International 
     Security Assistance Force, which has successfully brought 
     stability to Kabul, to be expanded and deployed throughout 
     the country, and this request has been strongly supported by 
     a wide range of international humanitarian organizations, 
     including the International Committee of the Red Cross, 
     Catholic Relief Services, and Refugees International.
       (11)(A) On January 29, 2002, the President stated that 
     ``[w]e will help the new Afghan government provide the 
     security that is the foundation of peace''.
       (B) On March 25, 2002, the Secretary of Defense stated, 
     with respect to the reconstruction of Afghanistan, that ``the 
     first thing . . . you need for anything else to happen, for 
     hospitals to happen, for roads to happen, for refugees to 
     come back, for people to be fed and humanitarian workers to 
     move on the country . . . [y]ou've got to have security''.
       (b) Statement of Policy.--It should be the policy of the 
     United States to support measures to help meet the immediate 
     security needs of Afghanistan in order to promote safe and 
     effective delivery of humanitarian and other assistance 
     throughout Afghanistan, further the rule of law and civil 
     order, and support the formation of a functioning, 
     representative Afghan national government.
       (c) Preparation of Strategy.--Not later than 45 days after 
     the date of the enactment of this Act, and every six months 
     thereafter, the President shall transmit to 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 a 
     strategy for meeting the immediate and long-term security 
     needs of Afghanistan in order to promote safe and effective 
     delivery of humanitarian and other assistance throughout 
     Afghanistan, further the rule of law and civil order, and 
     support the formation of a functioning, representative Afghan 
     national government.

     SEC. 207. SUNSET.

       The authority of this title shall expire after December 31, 
     2004.

   TITLE III--ADDITIONAL REQUIREMENTS WITH RESPECT TO ASSISTANCE FOR 
                              AFGHANISTAN

     SEC. 301. PROHIBITION ON UNITED STATES INVOLVEMENT IN POPPY 
                   CULTIVATION OR ILLICIT NARCOTICS GROWTH, 
                   PRODUCTION, OR TRAFFICKING.

       No officer or employee of any Federal department or agency 
     who is involved in the provision of assistance under this Act 
     may knowingly encourage or participate in poppy cultivation 
     or illicit narcotics growth, production, or trafficking in 
     Afghanistan. No United States military or civilian aircraft 
     or other United States vehicle that is used with respect to 
     the provision of assistance under this Act may be used to 
     facilitate the distribution of poppies or illicit narcotics 
     in Afghanistan.

     SEC. 302. REQUIREMENT TO REPORT BY CERTAIN UNITED STATES 
                   OFFICIALS.

       (a) Requirement.--An officer or employee of any Federal 
     department or agency involved in the provision of assistance 
     under this Act and having knowledge of facts or circumstances 
     that reasonably indicate that any agency or instrumentality 
     of the Government of Afghanistan, or any other individual 
     (including an individual who exercises civil power by force 
     over a limited region) or organization in Afghanistan, that 
     receives assistance under this Act is involved in poppy 
     cultivation or illicit narcotics growth, production, or 
     trafficking shall, notwithstanding any memorandum of 
     understanding or other agreement to the contrary, report such 
     knowledge or facts to the appropriate official.
       (b) Definition.--In this section, the term ``appropriate 
     official'' means the Attorney General, the Inspector General 
     of the Federal department or agency involved, or the head of 
     such department or agency.

     SEC. 303. REPORT BY THE PRESIDENT.

       Not later than 6 months after the date of the enactment of 
     this Act, and annually thereafter, the President shall 
     transmit to Congress a written report on the progress of the 
     Government of Afghanistan toward the eradication of poppy 
     cultivation, the disruption of heroin production, and the 
     reduction of the overall supply and demand for illicit 
     narcotics in Afghanistan in accordance with the provisions of 
     this Act.
                                 ______
                                 
      By Mr. LEAHY (for himself and Mr. Thompson):
  S. 2713. A bill to amend title 28, United States Code, to make 
certain modifications in the judicial discipline procedures, and for 
other purposes; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I rise today to introduce the Judicial 
Improvements Act of 2002, a bipartisan bill that will amend judicial 
discipline procedures to ensure fair consideration of judicial 
misconduct complaints. I am pleased to have Senator Thompson as a 
cosponsor of this legislation, and I look forward to moving this bill 
through the Senate.
  While I am introducing legislation addressing judicial misconduct, I 
want to be clear that the vast majority of judges serve honorably. As 
chairman of the Judiciary Committee, I take a special responsibility 
for evaluating nominees to ensure they are fit to serve. Despite the 
scrutiny judicial nominees undergo, however, we have faced situations 
when judges have acted improperly. Some have even been convicted of 
criminal offenses. In the late 1980s, the Senate convicted three 
Federal judges who were impeached by the House. This bill does not 
alter the Congress' responsibility to impeach and convict judges where 
necessary, but it does refine the process--originally created by 
Congress in the Judicial Councils Reform and Judicial Conduct and 
Disability Act of 1980, by which aggrieved citizens can bring 
complaints that can be evaluated through an impartial review.
  Under the framework codified by this bill, a person with a complaint 
about a judge's conduct may file a written complaint with the clerk of 
the court of appeals for the judge's circuit. The chief judge must 
review the complaint and either dismiss it, if it meets certain narrow 
criteria, or refer it to a panel of judges from the circuit. The judge 
who is the subject of the complaint retains the right to present 
evidence and argue before the panel. The circuit council may certify 
the judge's misconduct of disability and request that the judge 
voluntarily retire, but may not order removal from office. A 
complainant or judge aggrieved by an action of a judicial council can 
petition the Judicial Conference for review. And if a complaint is 
dismissed, the judge who was its subject may be reimbursed for 
reasonable expenses, including attorneys' fees, incurred during the 
investigation.
  If a judicial council determines that an Article III judge has acted 
in a way that might constitute grounds of impeachment, it must certify 
such determination to the Judicial Conference, which can in turn refer 
that determination to the House of Representatives.
  With very limited exceptions, all matters related to judicial 
misconduct investigations must be confidential and not disclosed by any 
person in any proceeding. This provision protects judges who are 
accused falsely of wrongdoing while also ensuring confidentiality for 
those with legitimate complaints.
  The bill also forbids judges who have been convicted of a State or 
Federal felony and have exhausted all available means for direct review 
of that conviction from hearing or deciding cases or accruing credit 
toward retirement benefits, unless the judicial council of the circuit 
determines otherwise. This measure, like many of the measures in this 
legislation, was recommended in 1993 by the nonpartisan National 
Commission on Judicial Discipline and Removal.
  Some may question whether this bill raises separation of powers 
concerns. It does not. This bill is narrowly tailored, as was the 1980 
law that this bill amends, to ensure that Congress gives the judiciary 
the powers it needs to regulate itself while preserving its 
constitutional role in the impeachment

[[Page 12386]]

process. The general scheme we established in 1980 has worked well, and 
has conformed with our constitutional principles. This bill simply 
seeks to improve that system where it has shown to be lacking. To give 
one example, experts in this area have suggested that many litigants 
and interested parties are unaware of the existence of these 
procedures--to rectify that, we create a separate chapter within title 
28 of the U.S. Code to promote knowledge and use of these procedures. 
It also clarifies the authority of the chief judge of a circuit and the 
standard by which a compliant can be dismissed as frivolous, and makes 
explicit that complaints can be referred to a five-member panel for 
examination.
  Highly similar legislation has already been reported from the House 
Judiciary Committee with strong bipartisan support. I hope that my 
colleagues in the Senate review and support this bill, and that we can 
make it law this year.
  I ask unanimous consent that the text of this legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 2713

       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 ``Judicial Improvements Act of 
     2002''.

     SEC. 2. JUDICIAL DISCIPLINE PROCEDURES.

       (a) In General.--Part I of title 28, United States Code, is 
     amended by inserting after chapter 15 the following new 
     chapter:

    ``CHAPTER 16--COMPLAINTS AGAINST JUDGES AND JUDICIAL DISCIPLINE

``Sec.
``351. Complaints; judge defined.
``352. Review of complaint by chief judge.
``353. Special committees.
``354. Action by judicial council.
``355. Action by Judicial Conference.
``356. Subpoena power.
``357. Review of orders and actions.
``358. Rules.
``359. Restrictions.
``360. Disclosure of information.
``361. Reimbursement of expenses.
``362. Other provisions and rules not affected.
``363. Court of Federal Claims, Court of International Trade, Court of 
              Appeals for the Federal Circuit.
``364. Effect of felony conviction.

     ``Sec. 351. Complaints; judge defined

       ``(a) Filing of Complaint by Any Person.--Any person 
     alleging that a judge has engaged in conduct prejudicial to 
     the effective and expeditious administration of the business 
     of the courts, or alleging that such judge is unable to 
     discharge all the duties of office by reason of mental or 
     physical disability, may file with the clerk of the court of 
     appeals for the circuit a written complaint containing a 
     brief statement of the facts constituting such conduct.
       ``(b) Identifying Complaint by Chief Judge.--In the 
     interests of the effective and expeditious administration of 
     the business of the courts and on the basis of information 
     available to the chief judge of the circuit, the chief judge 
     may, by written order stating reasons therefor, identify a 
     complaint for purposes of this chapter and thereby dispense 
     with filing of a written complaint.
       ``(c) Transmittal of Complaint.--Upon receipt of a 
     complaint filed under subsection (a), the clerk shall 
     promptly transmit the complaint to the chief judge of the 
     circuit, or, if the conduct complained of is that of the 
     chief judge, to that circuit judge in regular active service 
     next senior in date of commission (hereafter, for purposes of 
     this chapter only, included in the term `chief judge'). The 
     clerk shall simultaneously transmit a copy of the complaint 
     to the judge whose conduct is the subject of the complaint. 
     The clerk shall also transmit a copy of any complaint 
     identified under subsection (b) to the judge whose conduct is 
     the subject of the complaint.
       ``(d) Definitions.--In this chapter--
       ``(1) the term `judge' means a circuit judge, district 
     judge, bankruptcy judge, or magistrate judge; and
       ``(2) the term `complainant' means the person filing a 
     complaint under subsection (a) of this section.

     ``Sec. 352. Review of complaint by chief judge

       ``(a) Expeditious Review; Limited Inquiry.--The chief judge 
     shall expeditiously review any complaint received under 
     section 351(a) or identified under section 351(b). In 
     determining what action to take, the chief judge may conduct 
     a limited inquiry for the purpose of determining--
       ``(1) whether appropriate corrective action has been or can 
     be taken without the necessity for a formal investigation; 
     and
       ``(2) whether the facts stated in the complaint are either 
     plainly untrue or are incapable of being established through 
     investigation.

     For this purpose, the chief judge may request the judge whose 
     conduct is complained of to file a written response to the 
     complaint. Such response shall not be made available to the 
     complainant unless authorized by the judge filing the 
     response. The chief judge or his or her designee may also 
     communicate orally or in writing with the complainant, the 
     judge whose conduct is complained of, and any other person 
     who may have knowledge of the matter, and may review any 
     transcripts or other relevant documents. The chief judge 
     shall not undertake to make findings of fact about any matter 
     that is reasonably in dispute.
       ``(b) Action by Chief Judge Following Review.--After 
     expeditiously reviewing a complaint under subsection (a), the 
     chief judge, by written order stating his or her reasons, 
     may--
       ``(1) dismiss the complaint--
       ``(A) if the chief judge finds the complaint to be--
       ``(i) not in conformity with section 351(a);
       ``(ii) directly related to the merits of a decision or 
     procedural ruling; or
       ``(iii) frivolous, lacking sufficient evidence to raise an 
     inference that misconduct has occurred, or containing 
     allegations which are incapable of being established through 
     investigation; or
       ``(B) when a limited inquiry conducted under subsection (a) 
     demonstrates that the allegations in the complaint lack any 
     factual foundation or are conclusively refuted by objective 
     evidence; or
       ``(2) conclude the proceeding if the chief judge finds that 
     appropriate corrective action has been taken or that action 
     on the complaint is no longer necessary because of 
     intervening events.

     The chief judge shall transmit copies of the written order to 
     the complainant and to the judge whose conduct is the subject 
     of the complaint.
       ``(c) Review of Orders of Chief Judge.--A complainant or 
     judge aggrieved by a final order of the chief judge under 
     this section may petition the judicial council of the circuit 
     for review thereof. The denial of a petition for review of 
     the chief judge's order shall be final and conclusive and 
     shall not be judicially reviewable on appeal or otherwise.
       ``(d) Referral of Petitions for Review to Panels of the 
     Judicial Council.--Each judicial council may, pursuant to 
     rules prescribed under section 358, refer a petition for 
     review filed under subsection (c) to a panel of no fewer than 
     5 members of the council, at least 2 of whom shall be 
     district judges.

     ``Sec. 353. Special committees

       ``(a) Appointment.--If the chief judge does not enter an 
     order under section 352(b), the chief judge shall promptly--
       ``(1) appoint himself or herself and equal numbers of 
     circuit and district judges of the circuit to a special 
     committee to investigate the facts and allegations contained 
     in the complaint;
       ``(2) certify the complaint and any other documents 
     pertaining thereto to each member of such committee; and
       ``(3) provide written notice to the complainant and the 
     judge whose conduct is the subject of the complaint of the 
     action taken under this subsection.
       ``(b) Change in Status or Death of Judges.--A judge 
     appointed to a special committee under subsection (a) may 
     continue to serve on that committee after becoming a senior 
     judge or, in the case of the chief judge of the circuit, 
     after his or her term as chief judge terminates under 
     subsection (a)(3) or (c) of section 45. If a judge appointed 
     to a committee under subsection (a) dies, or retires from 
     office under section 371(a), while serving on the committee, 
     the chief judge of the circuit may appoint another circuit or 
     district judge, as the case may be, to the committee.
       ``(c) Investigation by Special Committee.--Each committee 
     appointed under subsection (a) shall conduct an investigation 
     as extensive as it considers necessary, and shall 
     expeditiously file a comprehensive written report thereon 
     with the judicial council of the circuit. Such report shall 
     present both the findings of the investigation and the 
     committee's recommendations for necessary and appropriate 
     action by the judicial council of the circuit.

     ``Sec. 354. Action by judicial council

       ``(a) Actions Upon Receipt of Report.--
       ``(1) Actions.--The judicial council of a circuit, upon 
     receipt of a report filed under section 353(c)--
       ``(A) may conduct any additional investigation which it 
     considers to be necessary;
       ``(B) may dismiss the complaint; and
       ``(C) if the complaint is not dismissed, shall take such 
     action as is appropriate to assure the effective and 
     expeditious administration of the business of the courts 
     within the circuit.
       ``(2) Description of possible actions if complaint not 
     dismissed.--
       ``(A) In general.--Action by the judicial council under 
     paragraph (1)(C) may include--
       ``(i) ordering that, on a temporary basis for a time 
     certain, no further cases be assigned to the judge whose 
     conduct is the subject of a complaint;
       ``(ii) censuring or reprimanding such judge by means of 
     private communication; and

[[Page 12387]]

       ``(iii) censuring or reprimanding such judge by means of 
     public announcement.
       ``(B) For article iii judges.--If the conduct of a judge 
     appointed to hold office during good behavior is the subject 
     of the complaint, action by the judicial council under 
     paragraph (1)(C) may include--
       ``(i) certifying disability of the judge pursuant to the 
     procedures and standards provided under section 372(b); and
       ``(ii) requesting that the judge voluntarily retire, with 
     the provision that the length of service requirements under 
     section 371 of this title shall not apply.
       ``(C) For magistrate judges.--If the conduct of a 
     magistrate judge is the subject of the complaint, action by 
     the judicial council under paragraph (1)(C) may include 
     directing the chief judge of the district of the magistrate 
     judge to take such action as the judicial council considers 
     appropriate.
       ``(3) Limitations on judicial council regarding removals.--
       ``(A) Article iii judges.--Under no circumstances may the 
     judicial council order removal from office of any judge 
     appointed to hold office during good behavior.
       ``(B) Magistrate and bankruptcy judges.--Any removal of a 
     magistrate judge under this subsection shall be in accordance 
     with section 631 and any removal of a bankruptcy judge shall 
     be in accordance with section 152.
       ``(4) Notice of action to judge.--The judicial council 
     shall immediately provide written notice to the complainant 
     and to the judge whose conduct is the subject of the 
     complaint of the action taken under this subsection.
       ``(b) Referral to Judicial Conference.--
       ``(1) In general.--In addition to the authority granted 
     under subsection (a), the judicial council may, in its 
     discretion, refer any complaint under section 351, together 
     with the record of any associated proceedings and its 
     recommendations for appropriate action, to the Judicial 
     Conference of the United States.
       ``(2) Special circumstances.--In any case in which the 
     judicial council determines, on the basis of a complaint and 
     an investigation under this chapter, or on the basis of 
     information otherwise available to the judicial council, that 
     a judge appointed to hold office during good behavior may 
     have engaged in conduct--
       ``(A) which might constitute one or more grounds for 
     impeachment under article II of the Constitution, or
       ``(B) which, in the interest of justice, is not amenable to 
     resolution by the judicial council,

     the judicial council shall promptly certify such 
     determination, together with any complaint and a record of 
     any associated proceedings, to the Judicial Conference of the 
     United States.
       ``(3) Notice to complainant and judge.--A judicial council 
     acting under authority of this subsection shall, unless 
     contrary to the interests of justice, immediately submit 
     written notice to the complainant and to the judge whose 
     conduct is the subject of the action taken under this 
     subsection.

     ``Sec. 355. Action by Judicial Conference

       ``(a) In General.--Upon referral or certification of any 
     matter under section 354(b), the Judicial Conference, after 
     consideration of the prior proceedings and such additional 
     investigation as it considers appropriate, shall by majority 
     vote take such action, as described in section 354(a)(1)(C) 
     and (2), as it considers appropriate.
       ``(b) If Impeachment Warranted.--
       ``(1) In general.--If the Judicial Conference concurs in 
     the determination of the judicial council, or makes its own 
     determination, that consideration of impeachment may be 
     warranted, it shall so certify and transmit the determination 
     and the record of proceedings to the House of Representatives 
     for whatever action the House of Representatives considers to 
     be necessary. Upon receipt of the determination and record of 
     proceedings in the House of Representatives, the Clerk of the 
     House of Representatives shall make available to the public 
     the determination and any reasons for the determination.
       ``(2) In case of felony conviction.--If a judge has been 
     convicted of a felony under State or Federal law and has 
     exhausted all means of obtaining direct review of the 
     conviction, or the time for seeking further direct review of 
     the conviction has passed and no such review has been sought, 
     the Judicial Conference may, by majority vote and without 
     referral or certification under section 354(b), transmit to 
     the House of Representatives a determination that 
     consideration of impeachment may be warranted, together with 
     appropriate court records, for whatever action the House of 
     Representatives considers to be necessary.

     ``Sec. 356. Subpoena power

       ``(a) Judicial Councils and Special Committees.--In 
     conducting any investigation under this chapter, the judicial 
     council, or a special committee appointed under section 353, 
     shall have full subpoena powers as provided in section 
     332(d).
       ``(b) Judicial Conference and Standing Committees.--In 
     conducting any investigation under this chapter, the Judicial 
     Conference, or a standing committee appointed by the Chief 
     Justice under section 331, shall have full subpoena powers as 
     provided in that section.

     ``Sec. 357. Review of orders and actions

       ``(a) Review of Action of Judicial Council.--A complainant 
     or judge aggrieved by an action of the judicial council under 
     section 354 may petition the Judicial Conference of the 
     United States for review thereof.
       ``(b) Action of Judicial Conference.--The Judicial 
     Conference, or the standing committee established under 
     section 331, may grant a petition filed by a complainant or 
     judge under subsection (a).
       ``(c) No Judicial Review.--Except as expressly provided in 
     this section and section 352(c), all orders and 
     determinations, including denials of petitions for review, 
     shall be final and conclusive and shall not be judicially 
     reviewable on appeal or otherwise.

     ``Sec. 358. Rules

       ``(a) In General.--Each judicial council and the Judicial 
     Conference may prescribe such rules for the conduct of 
     proceedings under this chapter, including the processing of 
     petitions for review, as each considers to be appropriate.
       ``(b) Required Provisions.--Rules prescribed under 
     subsection (a) shall contain provisions requiring that--
       ``(1) adequate prior notice of any investigation be given 
     in writing to the judge whose conduct is the subject of a 
     complaint under this chapter;
       ``(2) the judge whose conduct is the subject of a complaint 
     under this chapter be afforded an opportunity to appear (in 
     person or by counsel) at proceedings conducted by the 
     investigating panel, to present oral and documentary 
     evidence, to compel the attendance of witnesses or the 
     production of documents, to cross-examine witnesses, and to 
     present argument orally or in writing; and
       ``(3) the complainant be afforded an opportunity to appear 
     at proceedings conducted by the investigating panel, if the 
     panel concludes that the complainant could offer substantial 
     information.
       ``(c) Procedures.--Any rule prescribed under this section 
     shall be made or amended only after giving appropriate public 
     notice and an opportunity for comment. Any such rule shall be 
     a matter of public record, and any such rule promulgated by a 
     judicial council may be modified by the Judicial Conference. 
     No rule promulgated under this section may limit the period 
     of time within which a person may file a complaint under this 
     chapter.

     ``Sec. 359. Restrictions

       ``(a) Restriction on Individuals Who Are Subject of 
     Investigation.--No judge whose conduct is the subject of an 
     investigation under this chapter shall serve upon a special 
     committee appointed under section 353, upon a judicial 
     council, upon the Judicial Conference, or upon the standing 
     committee established under section 331, until all 
     proceedings under this chapter relating to such investigation 
     have been finally terminated.
       ``(b) Amicus Curiae.--No person shall be granted the right 
     to intervene or to appear as amicus curiae in any proceeding 
     before a judicial council or the Judicial Conference under 
     this chapter.

     ``Sec. 360. Disclosure of information

       ``(a) Confidentiality of Proceedings.--Except as provided 
     in section 355, all papers, documents, and records of 
     proceedings related to investigations conducted under this 
     chapter shall be confidential and shall not be disclosed by 
     any person in any proceeding except to the extent that--
       ``(1) the judicial council of the circuit in its discretion 
     releases a copy of a report of a special committee under 
     section 353(c) to the complainant whose complaint initiated 
     the investigation by that special committee and to the judge 
     whose conduct is the subject of the complaint;
       ``(2) the judicial council of the circuit, the Judicial 
     Conference of the United States, or the Senate or the House 
     of Representatives by resolution, releases any such material 
     which is believed necessary to an impeachment investigation 
     or trial of a judge under article I of the Constitution; or
       ``(3) such disclosure is authorized in writing by the judge 
     who is the subject of the complaint and by the chief judge of 
     the circuit, the Chief Justice, or the chairman of the 
     standing committee established under section 331.
       ``(b) Public Availability of Written Orders.--Each written 
     order to implement any action under section 354(a)(1)(C), 
     which is issued by a judicial council, the Judicial 
     Conference, or the standing committee established under 
     section 331, shall be made available to the public through 
     the appropriate clerk's office of the court of appeals for 
     the circuit. Unless contrary to the interests of justice, 
     each such order shall be accompanied by written reasons 
     therefor.

     ``Sec. 361. Reimbursement of expenses

       ``Upon the request of a judge whose conduct is the subject 
     of a complaint under this chapter, the judicial council may, 
     if the complaint has been finally dismissed under section 
     354(a)(1)(B), recommend that the Director of the 
     Administrative Office of the United States Courts award 
     reimbursement, from funds appropriated to the Federal 
     judiciary, for those reasonable expenses, including 
     attorneys' fees, incurred by that judge during the 
     investigation which would not

[[Page 12388]]

     have been incurred but for the requirements of this chapter.

     ``Sec. 362. Other provisions and rules not affected

       ``Except as expressly provided in this chapter, nothing in 
     this chapter shall be construed to affect any other provision 
     of this title, the Federal Rules of Civil Procedure, the 
     Federal Rules of Criminal Procedure, the Federal Rules of 
     Appellate Procedure, or the Federal Rules of Evidence.

     ``Sec. 363. Court of Federal Claims, Court of International 
       Trade, Court of Appeals for the Federal Circuit

       ``The United States Court of Federal Claims, the Court of 
     International Trade, and the Court of Appeals for the Federal 
     Circuit shall each prescribe rules, consistent with the 
     provisions of this chapter, establishing procedures for the 
     filing of complaints with respect to the conduct of any judge 
     of such court and for the investigation and resolution of 
     such complaints. In investigating and taking action with 
     respect to any such complaint, each such court shall have the 
     powers granted to a judicial council under this chapter.

     ``Sec. 364. Effect of felony conviction

       ``In the case of any judge or judge of a court referred to 
     in section 363 who is convicted of a felony under State or 
     Federal law and has exhausted all means of obtaining direct 
     review of the conviction, or the time for seeking further 
     direct review of the conviction has passed and no such review 
     has been sought, the following shall apply:
       ``(1) The judge shall not hear or decide cases unless the 
     judicial council of the circuit (or, in the case of a judge 
     of a court referred to in section 363, that court) determines 
     otherwise.
       ``(2) Any service as such judge or judge of a court 
     referred to in section 363, after the conviction is final and 
     all time for filing appeals thereof has expired, shall not be 
     included for purposes of determining years of service under 
     section 371(c), 377, or 178 of this title or creditable 
     service under subchapter III of chapter 83, or chapter 84, of 
     title 5.''.
       (b) Conforming Amendment.--The table of chapters for part I 
     of title 28, United States Code, is amended by inserting 
     after the item relating to chapter 15 the following new item:

``16. Complaints against judges and judicial discipline..........351''.

     SEC. 3. TECHNICAL AMENDMENTS.

       (a) Retirement for Disability.--(1) Section 372 of title 
     28, United States Code, is amended--
       (A) in the section caption by striking ``; judicial 
     discipline''; and
       (B) by striking subsection (c).
       (2) The item relating to section 372 in the table of 
     sections for chapter 17 of title 28, United States Code, is 
     amended by striking ``; judicial discipline''.
       (b) Judicial Conference.--Section 331 of title 28, United 
     States Code, is amended in the fourth undesignated paragraph 
     by striking ``section 372(c)'' each place it appears and 
     inserting ``chapter 16''.
       (c) Judicial Councils.--Section 332 of title 28, United 
     States Code, is amended--
       (1) in subsection (d)(2)--
       (A) by striking ``section 372(c) of this title'' and 
     inserting ``chapter 16 of this title''; and
       (B) by striking ``372(c)(4)'' and inserting ``353''; and
       (2) by striking the second subsection designated as 
     subsection (h).
       (d) Recall of Bankruptcy Judges and Magistrate Judges.--
     Section 375(d) of title 28, United States Code, is amended by 
     striking ``section 372(c)'' and inserting ``chapter 16''.
       (e) Director of the Administrative Office of the United 
     States Courts.--Section 604 of title 28, United States Code, 
     is amended--
       (1) in subsection (a)(20)--
       (A) in subparagraph (B), by striking ``372(c)(11)'' and 
     inserting ``358''; and
       (B) in subparagraph (C), by striking ``372(c)(15)'' and 
     inserting ``360(b)''; and
       (2) in subsection (h)--
       (A) in paragraph (1), by striking ``section 372'' each 
     place it appears and inserting ``chapter 16''; and
       (B) in paragraph (2), by striking ``section 372(c)'' and 
     inserting ``chapter 16''.
       (f) Court of Appeals for Veterans Claims.--Section 7253(g) 
     of title 38, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``section 372(c)'' and inserting ``chapter 
     16''; and
       (B) by striking ``such section'' and inserting ``such 
     chapter'';
       (2) in paragraph (2)--
       (A) in the first sentence, by striking ``paragraphs (7) 
     through (15) of section 372(c)'' and inserting ``sections 
     354(b) through 360''; and
       (B) in the second sentence, by striking ``paragraph (7) or 
     (8) of section 372(c)'' and inserting ``section 354(b) or 
     355''; and
       (3) in paragraph (3)(B), by striking ``372(c)(16)'' and 
     inserting ``361''.

     SEC. 4. SEVERABILITY.

       If any provision of this Act, an amendment made by this 
     Act, or the application of such provision or amendment to any 
     person or circumstance is held to be unconstitutional, the 
     remainder of this Act, the amendments made by this Act, and 
     the application of the provisions of such to any person or 
     circumstance shall not be affected thereby.

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