[House Report 107-57]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-57
======================================================================
FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2002 AND 2003
_______
MAY 4, 2001.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hyde, from the Committee on International Relations, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1646]
[Including cost estimate of the Congressional Budget Office]
The Committee on International Relations, to whom was
referred the bill (H.R. 1646) to authorize appropriations for
the Department of State for fiscal years 2002 and 2003, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
TABLE OF CONTENTS
Page
The Amendment.................................................... 2
Hearings......................................................... 43
Committee Consideration.......................................... 43
Votes of the Committee........................................... 43
Background and Need for the Legislation.......................... 44
Committee Oversight Findings..................................... 45
New Budget Authority and Tax Expenditures........................ 45
Congressional Budget Office Cost Estimate........................ 45
Performance Goals and Objectives................................. 50
Constitutional Authority Statement............................... 50
Section-by-Section Analysis...................................... 51
New Advisory Committees.......................................... 87
Congressional Accountability Act................................. 88
Federal Mandates................................................. 88
Changes in Existing Law Made by the Bill, as Reported............ 88
Additional Views................................................. 131
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Relations Authorization Act,
Fiscal Years 2002 and 2003''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
Sec. 101. Administration of foreign affairs.
Sec. 102. International commissions.
Sec. 103. United States educational and cultural programs.
Sec. 104. Contributions to international organizations.
Sec. 105. Contributions for international peacekeeping activities.
Sec. 106. Grants to the Asia Foundation.
Sec. 107. Voluntary contributions to international organizations.
Sec. 108. Migration and refugee assistance.
Subtitle B--United States International Broadcasting Activities
Sec. 121. Authorizations of appropriations.
Subtitle C--Global Democracy Promotion Act of 2001
Sec. 131. Short title.
Sec. 132. Findings.
Sec. 133. Assistance for foreign nongovernmental organizations under
part I of the Foreign Assistance Act of 1961.
TITLE II--AUTHORITIES AND ACTIVITIES OF THE DEPARTMENT OF STATE
Subtitle A--Basic Authorities and Activities
Sec. 201. Continuation of reporting requirements.
Sec. 202. Continuation of other reports.
Sec. 203. Royal Ulster Constabulary training.
Sec. 204. Report concerning elimination of Colombian opium.
Sec. 205. Repeal of provision regarding housing for foreign
agricultural attache.
Sec. 206. Human rights monitoring.
Sec. 207. Correction of Fishermen's Protective Act of 1967.
Sec. 208. International litigation fund.
Sec. 209. Emergency evacuation services.
Sec. 210. Implementation of the Intercountry Adoption Act of 2000.
Sec. 211. Report concerning the effect of Plan Colombia on Ecuador.
Sec. 212. Report concerning efforts to promote Israel's diplomatic
relations with other countries.
Sec. 213. Reports on activities in the Republic of Colombia.
Subtitle B--Consular Authorities
Sec. 231. Machine readable visas.
Sec. 232. Establishment of a consular branch office in Lhasa, Tibet.
Sec. 233. Establishment of a diplomatic or consular post in Equatorial
Guinea.
Sec. 234. Processing of visa applications.
Sec. 235. United States policy with respect to Jerusalem as the capital
of Israel.
Sec. 236. Denial of visas to supporters of Colombian illegal armed
groups.
Subtitle C--Migration and Refugees
Sec. 251. United States policy regarding the involuntary return of
refugees.
Sec. 252. Report on overseas refugee processing.
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
Subtitle A--Organizational Matters
Sec. 301. Comprehensive workforce plan.
Sec. 302. ``Rightsizing'' overseas posts.
Sec. 303. Qualifications of certain officers of the Department of
State.
Sec. 304. United States Special Coordinator for Tibetan Issues.
Sec. 305. United States Special Envoy for Sudan Issues.
Subtitle B--Personnel Matters
Sec. 331. Report concerning retired members of the Foreign Service and
Civil Service who are registered agents of a government of a foreign
country.
Sec. 332. Tibetan language training.
Sec. 333. Dependents on family visitation travel.
Sec. 334. Thomas Jefferson Star.
Sec. 335. Health education and disease prevention programs.
Sec. 336. Training authorities.
Sec. 337. Foreign national retirement plans.
Sec. 338. Presidential rank awards.
Sec. 339. Emergency medical advance payments.
Sec. 340. Unaccompanied air baggage.
Sec. 341. Special agent authorities.
Sec. 342. Report concerning minority employment.
Sec. 343. Use of funds authorized for minority recruitment.
TITLE IV--UNITED STATES EDUCATIONAL AND CULTURAL PROGRAMS OF THE
DEPARTMENT OF STATE
Sec. 401. Extension of requirement for scholarships for Tibetans and
Burmese.
Sec. 402. Nonprofit entities for cultural programs.
Sec. 403. Fulbright-Hays authorities.
Sec. 404. Ethical issues in international health research.
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
Sec. 501. Eliminating staff positions for the Advisory Board for Cuba
Broadcasting.
Sec. 502. Reports on broadcasting personnel.
Sec. 503. Personal services contracting pilot program.
Sec. 504. Pay parity for senior executives of Radio Free Europe and
Radio Liberty.
Sec. 505. Repeal of ban on United States transmitter in Kuwait.
TITLE VI--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
Sec. 601. United Nations arrears payments and reform.
Sec. 602. Travel by advisory committee members to Great Lakes Fishery
Commission annual meeting.
Sec. 603. United States policy on composition of the United Nations
Human Rights Commission.
Sec. 604. United States membership in the International Organization
for Migration.
Sec. 605. Report relating to Commission on Security and Cooperation in
Europe.
Sec. 606. Reports to Congress on United Nations activities.
TITLE VII--MISCELLANEOUS PROVISIONS
Subtitle A--General Provisions
Sec. 701. Amendments to the Iran Nonproliferation Act of 2000.
Sec. 702. Amendments to the North Korea Threat Reduction Act of 1999.
Sec. 703. Amendments to the International Religious Freedom Act of
1998.
Sec. 704. Continuation of United States Advisory Commission on Public
Diplomacy.
Sec. 705. Participation of South Asia countries in international law
enforcment.
Subtitle B--Sense of Congress Provisions
Sec. 731. Sense of Congress relating to HIV/AIDs and United Nations
peacekeeping operations.
Sec. 732. Sense of Congress relating to HIV/AIDS task force.
Sec. 733. Sense of Congress condemning the destruction of pre-Islamic
statues in Afghanistan by the Taliban regime.
Sec. 734. Sense of Congress relating to resolution of the Taiwan Strait
issue.
Sec. 735. Sense of Congress relating to arsenic contamination in
drinking water in Bangladesh.
Sec. 736. Sense of Congress relating to display of the American flag at
the American Institute in Taiwan.
Sec. 737. Sense of Congress regarding human rights violations in West
Papua and Aceh, including the murder of Jafar Siddiq Hamzah, and
escalating violence in Maluku and Central Kalimantan.
Sec. 738. Sense of Congress supporting properly conducted elections in
Kosova during 2001.
Sec. 739. Sense of Congress relating to policy review of relations with
the People's Republic of China.
Sec. 740. Sense of Congress relating to broadcasting in the Macedonian
language by Radio Free Europe.
Sec. 741. Sense of Congress relating to Magen David Adom Society.
Sec. 742. Sense of Congress urging the return of portraits painted by
Dina Babbitt during her internment at Auschwitz that are now in the
possession of the Auschwitz-Birkenau State Museum.
Sec. 743. Sense of Congress regarding Vietnamese refugee families.
Sec. 744. Sense of Congress relating to membership of the United States
in UNESCO.
Sec. 745. Sense of Congress relating to global warming.
Sec. 746. Sense of Congress regarding the ban on Sinn Fein ministers
from the North-South Ministerial Council in Northern Ireland.
TITLE VIII--SECURITY ASSISTANCE
Sec. 801. Short title.
Subtitle A--Military and Related Assistance
Chapter 1--Foreign Military Sales and Related Authorities
Sec. 811. Quarterly report on price and availability estimates.
Sec. 812. Official reception and representation expenses.
Sec. 813. Treatment of Taiwan relating to transfers of defense articles
and services.
Sec. 814. United States policy with regard to Taiwan.
Chapter 2--Excess Defense Article and Drawdown Authorities
Sec. 821. Excess defense articles for certain European and other
countries.
Sec. 822. Leases of defense articles for foreign countries and
international organizations.
Sec. 823. Priority with respect to transfer of excess defense articles.
Chapter 3--Nonproliferation And Export Control Assistance
Sec. 831. International counterproliferation education and training.
Sec. 832. Annual report on the proliferation of missiles and essential
components of nuclear, biological, and chemical weapons.
Sec. 833. Five-year international arms control and nonproliferation
strategy.
Subtitle B--Strengthening the Munitions Licensing Process
Sec. 841. License officer staffing.
Sec. 842. Funding for database automation.
Sec. 843. Information management priorities.
Sec. 844. Improvements to the automated export system.
Sec. 845. Congressional notification of removal of items from the
munitions list.
Sec. 846. Congressional notification thresholds for allied countries.
Subtitle C--Authority to Transfer Naval Vessels
Sec. 851. Authority to transfer naval vessels to certain foreign
countries.
Subtitle D--Miscellaneous Provisions
Sec. 861. Annual foreign military training reports.
Sec. 862. Report relating to international arms sales code of conduct.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Department.--The term ``Department'' means the
Department of State.
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.
The following amounts are authorized to be appropriated for the
Department of State under ``Administration of Foreign Affairs'' to
carry out the authorities, functions, duties, and responsibilities in
the conduct of the foreign affairs of the United States and for other
purposes authorized by law, including public diplomacy activities and
the diplomatic security program:
(1) Diplomatic and consular programs.--
(A) Authorization of appropriations.--For
``Diplomatic and Consular Programs'' of the Department
of State, $3,705,140,000 for the fiscal year 2002 and
such sums as may be necessary for the fiscal year 2003.
(B) Limitations.--
(i) Worldwide security upgrades.--Of the
amounts authorized to be appropriated by
subparagraph (A), $487,735,000 for the fiscal
year 2002 and such sums as may be necessary for
the fiscal year 2003 are authorized to be
appropriated only for worldwide security
upgrades.
(ii) Bureau of democracy, human rights, and
labor.--Of the amounts authorized to be
appropriated by subparagraph (A), $16,000,000
for the fiscal year 2002 and $20,000,000 for
the fiscal year 2003 are authorized to be
appropriated only for salaries and expenses of
the Bureau of Democracy, Human Rights, and
Labor.
(iii) Recruitment of minority groups.--Of
the amounts authorized to be appropriated by
subparagraph (A), $2,000,000 for the fiscal
year 2002 and $2,000,000 for the fiscal year
2003 are authorized to be appropriated only for
the recruitment of members of minority groups
for careers in the Foreign Service and
international affairs.
(iv) Mobile library for United States
Interests Section in Cuba.--Of the amounts
authorized to be appropriated by subparagraph
(A), $70,000 for the fiscal year 2002 and
$70,000 for the fiscal year 2003 are authorized
to be appropriated only for the establishment
and operation of a mobile library at the United
States Interests Section in Cuba primarily for
use by dissidents and democracy activists in
Cuba.
(2) Capital investment fund.--For ``Capital Investment
Fund'' of the Department of State, $210,000,000 for the fiscal
year 2002 and such sums as may be necessary for the fiscal year
2003.
(3) Embassy security, construction and maintenance.--In
addition to amounts otherwise authorized to be appropriated for
``Embassy Security, Construction and Maintenance'' by section
604 of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001
(section 604 of division A of H.R. 3427, as enacted into law by
section 1000(a)(7) of Public Law 106-113; appendix G; 113 Stat.
1501A-470), there are authorized to be appropriated for
``Embassy Security, Construction and Maintenance'',
$475,046,000 for the fiscal year 2002 and such sums as may be
necessary for the fiscal year 2003.
(4) Representation allowances.--For ``Representation
Allowances'', $9,000,000 for the fiscal year 2002 and
$9,000,000 for the fiscal year 2003.
(5) Emergencies in the diplomatic and consular service.--
For ``Emergencies in the Diplomatic and Consular Service'',
$15,500,000 for the fiscal year 2002 and $15,500,000 for the
fiscal year 2003.
(6) Office of the inspector general.--For ``Office of the
Inspector General'', $29,264,000 for the fiscal year 2002 and
such sums as may be necessary for the fiscal year 2003.
(7) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $17,044,000
for the fiscal year 2002 and such sums as may be necessary for
the fiscal year 2003.
(8) Protection of foreign missions and officials.--
(A) Amounts authorized to be appropriated.--For
``Protection of Foreign Missions and Officials'',
$10,000,000 for the fiscal year 2002 and $10,000,000
for the fiscal year 2003.
(B) Availability of funds.--Each amount
appropriated pursuant to this paragraph is authorized
to remain available through September 30 of the fiscal
year following the fiscal year for which the amount was
appropriated.
(9) Repatriation loans.--For ``Repatriation Loans'',
$1,219,000 for the fiscal year 2002 and $1,219,000 for the
fiscal year 2003, for administrative expenses.
SEC. 102. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under
``International Commissions'' for the Department of State to carry out
the authorities, functions, duties, and responsibilities in the conduct
of the foreign affairs of the United States and for other purposes
authorized by law:
(1) International boundary and water commission, united
states and mexico.--For ``International Boundary and Water
Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'', $7,452,000 for
the fiscal year 2002 and such sums as may be necessary
for the fiscal year 2003; and
(B) for ``Construction'', $25,654,000 for the
fiscal year 2002 and such sums as may be necessary for
the fiscal year 2003.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United States
and Canada'', $989,000 for the fiscal year 2002 and such sums
as may be necessary for the fiscal year 2003.
(3) International joint commission.--For ``International
Joint Commission'', $7,282,000 for the fiscal year 2002 and
such sums as may be necessary for the fiscal year 2003.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $19,780,000 for the
fiscal year 2002 and such sums as may be necessary for the
fiscal year 2003.
SEC. 103. UNITED STATES EDUCATIONAL AND CULTURAL PROGRAMS.
The following amounts are authorized to be appropriated for the
Department of State to carry out international activities and
educational and cultural exchange programs under the United States
Information and Educational Exchange Act of 1948, the Mutual
Educational and Cultural Exchange Act of 1961, Reorganization Plan
Number 2 of 1977, the Center for Cultural and Technical Interchange
Between East and West Act of 1960, the Dante B. Fascell North-South
Center Act of 1991, and the National Endowment for Democracy Act, and
to carry out other authorities in law consistent with such purposes:
(1) Educational and cultural exchange programs.--
(A) Fulbright academic exchange programs.--
(i) In general.--For the ``Fulbright
Academic Exchange Programs'' (other than
programs described in subparagraph (B)),
$125,000,000 for the fiscal year 2002 and such
sums as may be necessary for the fiscal year
2003.
(ii) New century scholars initiative--hiv/
aids.--Of the amounts authorized to be
appropriated under clause (i), up to $1,000,000
for the fiscal year 2002 and up to $1,000,000
for the fiscal year 2003 are authorized to be
available only for HIV/AIDS research and
mitigation strategies under the Health Issues
in a Border-Less World academic program of the
New Century Scholars Initiative.
(iii) Tibetan exchanges.--Of the amounts
authorized to be appropriated under clause (i),
$500,000 for the fiscal year 2002 and $500,000
for the fiscal year 2003 are authorized to be
available for ``Ngawang Choephel Exchange
Programs'' (formerly known as educational and
cultural exchanges with Tibet) under section
103(a) of the Human Rights, Refugee, and Other
Foreign Relations Provisions Act of 1996
(Public Law 104-319).
(B) Other educational and cultural exchange
programs.--
(i) In general.--For other educational and
cultural exchange programs authorized by law,
$117,000,000 for the fiscal year 2002 and such
sums as may be necessary for the fiscal year
2003.
(ii) South pacific exchanges.--Of the
amounts authorized to be appropriated under
clause (i), $750,000 for the fiscal year 2002
and $750,000 for the fiscal year 2003 are
authorized to be available for ``South Pacific
Exchanges''.
(iii) East timorese scholarships.--Of the
amounts authorized to be appropriated under
clause (i), $500,000 for the fiscal year 2002
and $500,000 for the fiscal year 2003 are
authorized to be available for ``East Timorese
Scholarships''.
(iv) African exchanges.--Of the amounts
authorized to be appropriated under clause (i),
$500,000 for the fiscal year 2002 and $500,000
for the fiscal year 2003 are authorized to be
available only for ``Educational and Cultural
Exchanges with Sub-Saharan Africa''.
(v) Israel-arab peace partners program.--Of
the amounts authorized to be appropriated under
clause (i), $750,000 for the fiscal year 2002
and $750,000 for the fiscal year 2003 are
authorized to be available only for people-to-
people activities (with a focus on young
people) to support the Middle East peace
process involving participants from Israel, the
Palestinian Authority, Arab countries, and the
United States, to be known as the ``Israel-Arab
Peace Partners Program''.
(vi) Sudanese scholarships.--Of the amounts
authorized to be appropriated under clause (i),
$500,000 for the fiscal year 2002 and $500,000
for the fiscal year 2003 are authorized to be
available only for scholarships for students
from southern Sudan for secondary or
postsecondary education in the United States,
to be known as ``Sudanese Scholarships''.
(2) National endowment for democracy.--For the ``National
Endowment for Democracy'', $36,000,000 for the fiscal year 2002
and $40,000,000 for the fiscal year 2003.
(3) Reagan-fascell democracy fellows.--For a fellowship
program, to be known as the ``Reagan-Fascell Democracy
Fellows'', for democracy activists and scholars from around the
world at the International Forum for Democratic Studies in
Washington, D.C., to study, write, and exchange views with
other activists and scholars and with Americans, $1,000,000 for
the fiscal year 2002 and $1,000,000 for the fiscal year 2003.
(4) Dante b. fascell north-south center.--For ``Dante B.
Fascell North-South Center'' $4,000,000 for the fiscal year
2002 and $4,000,000 for the fiscal year 2003.
(5) Center for cultural and technical interchange between
east and west.--For the ``Center for Cultural and Technical
Interchange between East and West'', $13,500,000 for the fiscal
year 2002 and $13,500,000 for the fiscal year 2003.
SEC. 104. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
under the heading ``Contributions to International
Organizations'' $944,067,000 for the fiscal year 2002 and such
sums as may be necessary for the fiscal year 2003 for the
Department of State to carry out the authorities, functions,
duties, and responsibilities in the conduct of the foreign
affairs of the United States with respect to international
organizations and to carry out other authorities in law
consistent with such purposes.
(2) UNESCO.--
(A) Of the amounts authorized to be
appropriated under paragraph (1), $59,800,000
for the fiscal year 2002 and $59,800,000 for
the fiscal year 2003 is authorized to be
appropriated only for payment of assessed
contributions of the United States to the
United Nations Educational, Scientific and
Cultural Organization (UNESCO).
(B) Of the amounts authorized to be
appropriated under paragraph (1) for the fiscal
year 2002, $5,500,000 is authorized to be
appropriated only for payments to the UNESCO
Working Capital Fund.
(b) Availability of Funds for Civil Budget of NATO.--Of the amounts
authorized to be appropriated under the heading ``Contributions to
International Organizations'' for fiscal year 2002 and for each fiscal
year thereafter such sums as may be necessary are authorized for the
United States assessment for the civil budget of the North Atlantic
Treaty Organization.
(c) Prohibition on Funding Other Framework Treaty-Based
Organizations.--None of the funds made available for the 2002-2003
biennium budget under subsection (a) for United States contributions to
the regular budget of the United Nations shall be available for the
United States proportionate share of any other framework treaty-based
organization, including the Framework Convention on Global Climate
Change, the International Seabed Authority, and the International
Criminal Court.
(d) Foreign Currency Exchange Rates.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated by subsection (a), there
are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2002 and 2003 to offset adverse
fluctuations in foreign currency exchange rates.
(2) Availability of funds.--Amounts appropriated under this
subsection shall be available for obligation and expenditure
only to the extent that the Director of the Office of
Management and Budget determines and certifies to Congress that
such amounts are necessary due to such fluctuations.
(e) Refund of Excess Contributions.--The United States shall
continue to insist that the United Nations and its specialized and
affiliated agencies shall credit or refund to each member of the agency
concerned its proportionate share of the amount by which the total
contributions to the agency exceed the expenditures of the regular
assessed budgets of these agencies.
SEC. 105. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.
There are authorized to be appropriated under the heading
``Contributions for International Peacekeeping Activities''
$844,139,000 for the fiscal year 2002 and such sums as may be necessary
for the fiscal year 2003 for the Department of State to carry out the
authorities, functions, duties, and responsibilities in the conduct of
the foreign affairs of the United States with respect to international
peacekeeping activities and to carry out other authorities in law
consistent with such purposes.
SEC. 106. GRANTS TO THE ASIA FOUNDATION.
Section 404 of the Asia Foundation Act (title IV of Public Law 98-
164; 22 U.S.C. 4403) is amended to read as follows:
``Sec. 404. There are authorized to be appropriated to the
Secretary of State $15,000,000 for the fiscal year 2002 and $15,000,000
for the fiscal year 2003 for grants to The Asia Foundation pursuant to
this title.''.
SEC. 107. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated for the Department of State for ``Voluntary Contributions
to International Organizations'', $186,000,000 for the fiscal year 2002
and such sums as may be necessary for the fiscal year 2003.
(b) Limitations on Authorizations of Appropriations.--
(1) World food program.--Of the amounts authorized to be
appropriated under subsection (a), $5,000,000 for the fiscal
year 2002 and $5,000,000 for the fiscal year 2003 are
authorized to be appropriated only for a United States
contribution to the World Food Program.
(2) United nations voluntary fund for victims of torture.--
Of the amounts authorized to be appropriated under subsection
(a), $5,000,000 for the fiscal year 2002 and $5,000,000 for the
fiscal year 2003 are authorized to be appropriated only for a
United States contribution to the United Nations Voluntary Fund
for Victims of Torture.
(3) Organization of american states.--Of the amounts
authorized to be appropriated under subsection (a), $240,000
for the fiscal year 2002 and $240,000 for the fiscal year 2003
are authorized to be appropriated only for a United States
contribution to the Organization of American States for the
Office of the Special Rapporteur for Freedom of Expression in
the Western Hemisphere, solely for the purpose of conducting
investigations, including field visits, to establish a network
of nongovernmental organizations, and to hold hemispheric
conferences, of which $6,000 for each fiscal year is authorized
to be appropriated only for the investigation and dissemination
of information on violations of freedom of expression by the
Government of Cuba, $6,000 for each fiscal year is authorized
to be appropriated only for the investigation and dissemination
of information on violations of freedom of expression by the
Government of Peru, $6,000 for each fiscal year is authorized
to be appropriated only for the investigation and dissemination
of information on violations of freedom of expression by the
Government of Colombia, and $6,000 for each fiscal year is
authorized to be appropriated only for the investigation and
dissemination of information on violations of freedom of
expression by the Government of Haiti.
(c) Restrictions on United States Voluntary Contributions to United
Nations Development Program.--
(1) Limitation.--Of the amounts made available under
subsection (a) for each of the fiscal years 2002 and 2003 for
United States voluntary contributions to the United Nations
Development Program an amount equal to the amount the United
Nations Development Program will spend in Burma during each
fiscal year shall be withheld unless during such fiscal year
the Secretary of State submits to the appropriate congressional
committees the certification described in paragraph (2).
(2) Certification.--The certification referred to in
paragraph (1) is a certification by the Secretary of State that
all programs and activities of the United Nations Development
Program (including United Nations Development Program--
Administered Funds) in Burma--
(A) are focused on eliminating human suffering and
addressing the needs of the poor;
(B) are undertaken only through international or
private voluntary organizations that have been deemed
independent of the State Peace and Development Council
(SPDC) (formerly known as the State Law and Order
Restoration Council (SLORC)), after consultation with
the leadership of the National League for Democracy and
the leadership of the National Coalition Government of
the Union of Burma;
(C) provide no financial, political, or military
benefit to the SPDC; and
(D) are carried out only after consultation with
the leadership of the National League for Democracy and
the leadership of the National Coalition Government of
the Union of Burma.
(d) UNICEF.--There is authorized to be appropriated $120,000,000
for the fiscal year 2002 for a United States voluntary contribution to
UNICEF.
(e) Organizations and Programs That Support Coercive Abortion or
Involuntary Sterilization.--None of the funds authorized to be
appropriated by this Act may be made available to any organization or
program which, as determined by the President of the United States,
supports, or participates in the management of, a program of coercive
abortion or involuntary sterilization.
(f) Availability of Funds.--Amounts authorized to be appropriated
under subsection (a) are authorized to remain available until expended.
SEC. 108. MIGRATION AND REFUGEE ASSISTANCE.
(a) Migration and Refugee Assistance.--
(1) Authorization of appropriations.--There are authorized
to be appropriated for the Department of State for ``Migration
and Refugee Assistance'' for authorized activities,
$817,000,000 for the fiscal year 2002 and $817,000,000 for the
fiscal year 2003.
(2) Limitations.--
(A) Tibetan refugees in india and nepal.--Of the
amounts authorized to be appropriated in paragraph (1),
$2,000,000 for the fiscal year 2002 and $2,000,000 for
the fiscal year 2003 are authorized to be available for
humanitarian assistance, including food, medicine,
clothing, and medical and vocational training, to
Tibetan refugees in India and Nepal who have fled
Chinese-occupied Tibet.
(B) Refugees resettling in israel.--Of the amounts
authorized to be appropriated in paragraph (1),
$60,000,000 for the fiscal year 2002 and $60,000,000
for the fiscal year 2003 are authorized to be available
only for assistance for refugees resettling in Israel
from other countries.
(C) Humanitarian assistance for displaced
burmese.--Of the amounts authorized to be appropriated
in paragraph (1), $2,000,000 for the fiscal year 2002
and $2,000,000 for the fiscal year 2003 are authorized
to be available for humanitarian assistance (including
food, medicine, clothing, and medical and vocational
training) to persons displaced as a result of civil
conflict in Burma, including persons still within
Burma.
(b) Availability of Funds.--Funds appropriated pursuant to this
section are authorized to remain available until expended.
Subtitle B--United States International Broadcasting Activities
SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated to carry out the United States International Broadcasting
Act of 1994, the Radio Broadcasting to Cuba Act, and the Television
Broadcasting to Cuba Act, and to carry out other authorities in law
consistent with such purposes:
(1) International Broadcasting Operations.--
(A) In general.--For ``International Broadcasting
Operations'', $428,234,000 for the fiscal year 2002,
and such sums as may be necessary for the fiscal year
2003.
(B) Limitations.--
(i) Transmission facilities in belize.--Of
the amounts authorized to be appropriated under
subparagraph (A), $750,000 for the fiscal year
2002 is authorized to be appropriated only for
enhancements to and costs of transmission from
the facilities in Belize.
(ii) Radio free asia.--Of the amounts
authorized to be appropriated under
subparagraph (A), $30,000,000 for the fiscal
year 2002 and $30,000,000 for the fiscal year
2003 are authorized to be appropriated only for
``Radio Free Asia''.
(2) Broadcasting Capital Improvements.--For ``Broadcasting
Capital Improvements'', $16,900,000 for the fiscal year 2002
and such sums as may be necessary for the fiscal year 2003.
(3) Broadcasting to cuba.--For ``Broadcasting to Cuba'',
$25,000,000 for the fiscal year 2002 and $25,000,000 for the
fiscal year 2003.
(b) Continuation of Additional Authorization for Broadcasting to
the People's Republic of China and Neighboring Countries.--Section 701
of Public Law 106-286 (22 U.S.C. 7001) is amended--
(1) in subsection (a) by striking ``2001'' and inserting
``2002''; and
(2) in subsection (b)(1) by striking ``2001 and 2002'' and
inserting ``2001, 2002, and 2003''.
(c) Additional Authorization of Appropriations for Middle East
Radio Network of Voice of America.--In addition to such amounts as are
made available for the Middle East Radio Network of Voice of America
pursuant to the authorization of appropriations under subsection (a),
there is authorized to be appropriated $15,000,000 for the fiscal year
2002 for the Middle East Radio Network of Voice of America.
Subtitle C--Global Democracy Promotion Act of 2001
SEC. 131. SHORT TITLE.
This title may be cited as the ``Global Democracy Promotion Act of
2001''.
SEC. 132. FINDINGS.
The Congress finds the following:
(1) It is a fundamental principle of American medical
ethics and practice that health care providers should, at all
times, deal honestly and openly with patients. Any attempt to
subvert the private and sensitive physician-patient
relationship would be intolerable in the United States and is
an unjustifiable intrusion into the practices of health care
providers when attempted in other countries.
(2) Freedom of speech is a fundamental American value. The
ability to exercise the right to free speech, which includes
the ``right of the people peaceably to assemble, and to
petition the government for a redress of grievances'' is
essential to a thriving democracy and is protected under the
United States Constitution.
(3) The promotion of democracy is a principal goal of
United States foreign policy and critical to achieving
sustainable development. It is enhanced through the
encouragement of democratic institutions and the promotion of
an independent and politically active civil society in
developing countries.
(4) Limiting eligibility for United States development and
humanitarian assistance upon the willingness of a foreign
nongovernmental organization to forgo its right to use its own
funds to address, within the democratic process, a particular
issue affecting the citizens of its own country directly
undermines a key goal of United States foreign policy and would
violate the United States Constitution if applied to United
States-based organizations.
(5) Similarly, limiting the eligibility for United States
assistance on a foreign nongovernmental organization's
willingness to forgo its right to provide, with its own funds,
medical services that are legal in its own country and would be
legal if provided in the United States constitutes
unjustifiable interference with the ability of independent
organizations to serve the critical health needs of their
fellow citizens and demonstrates a disregard and disrespect for
the laws of sovereign nations as well as for the laws of the
United States.
SEC. 133. ASSISTANCE FOR FOREIGN NONGOVERNMENTAL ORGANIZATIONS UNDER
PART I OF THE FOREIGN ASSISTANCE ACT OF 1961.
Notwithstanding any other provision of law, regulation, or policy,
in determining eligibility for assistance authorized under part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), foreign
nongovernmental organizations--
(1) shall not be ineligible for such assistance solely on
the basis of health or medical services including counseling
and referral services, provided by such organizations with non-
United States Government funds if such services do not violate
the laws of the country in which they are being provided and
would not violate United States Federal law if provided in the
United States; and
(2) shall not be subject to requirements relating to the
use of non-United States Government funds for advocacy and
lobbying activities other than those that apply to United
States nongovernmental organizations receiving assistance under
part I of such Act.
TITLE II--AUTHORITIES AND ACTIVITIES OF THE DEPARTMENT OF STATE
Subtitle A--Basic Authorities and Activities
SEC. 201. CONTINUATION OF REPORTING REQUIREMENTS.
(a) Reports on Claims by United States Firms Against the Government
of Saudi Arabia.--Section 2801(b)(1) of the Foreign Affairs Reform and
Restructuring Act of 1998 (as enacted by division G of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999;
Public Law 105-277) is amended by striking ``seventh'' and inserting
``eleventh''.
(b) Reports on Determinations Under Title IV of the Libertad Act.--
Section 2802(a) of the Foreign Affairs Reform and Restructuring Act of
1998 (as enacted by division G of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is
amended by striking ``September 30, 2001,'' and inserting ``September
30, 2003,''.
(c) Relations With Vietnam.--Section 2805 of the Foreign Affairs
Reform and Restructuring Act of 1998 (as enacted by division G of the
Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999; Public Law 105-277) is amended by striking ``September 30,
2001,'' and inserting ``September 30, 2003,''.
(d) Reports on Ballistic Missile Cooperation With Russia.--Section
2705(d) of the Foreign Affairs Reform and Restructuring Act of 1998 (as
enacted by division G of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999; Public Law 105-277) is amended
by striking ``and January 1, 2001,'' and inserting ``January 1, 2001,
January 1, 2002, and January 1, 2003''.
SEC. 202. CONTINUATION OF OTHER REPORTS.
(a) Semiannual Reports on United States Support for Membership or
Participation of Taiwan in International Organizations.--Section 704(a)
of the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (section 704(a) of
division A of H.R. 3427, as enacted into law by section 1000(a)(7) of
Public Law 106-113, appendix G; 113 Stat. 1501A-460) is amended by
striking ``and 2001,'' and inserting ``, 2001, 2002, and 2003,''.
(b) Report on Terrorist Activity in Which United States Citizens
Were Killed and Related Matters.--Section 805(a) of the Admiral James
W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal
Years 2000 and 2001 (section 805(a) of division A of H.R. 3427, as
enacted into law by section 1000(a)(7) of Public Law 106-113; appendix
G; 113 Stat. 1501A-470) is amended by striking ``October 1, 2001,'' and
inserting ``October 1, 2003,''.
SEC. 203. ROYAL ULSTER CONSTABULARY TRAINING.
(a) Report on Past Training Programs.--Section 405(b) of the
Admiral James W. Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001 (as enacted into law by section
1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-447) is amended in
the matter preceding paragraph (1)--
(1) by striking ``The President'' and inserting ``Not later
than 60 days after the date of the enactment of the Foreign
Relations Authorization Act, Fiscal Years 2002 and 2003, the
President''; and
(2) by striking ``during fiscal years 1994 through 1999''
and inserting ``during each of the fiscal years 1994 through
2000''.
(b) Report on Related Matters.--Section 405 of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Report on Related Matters.--Not later than 60 days after the
date of the enactment of the Foreign Relations Authorization Act,
Fiscal Years 2002 and 2003, the President shall report on the
following:
``(1) The extent to which the Government of the United
Kingdom has implemented the recommendations relating to the 175
policing reforms contained in the Patten Commission report
issued on September 9, 1999, including a description of the
progress of the integration of human rights, as well as
recruitment procedures aimed at increasing Catholic
representation, in the new Northern Ireland police force.
``(2) The status of the investigations into the murders of
Patrick Finucane, Rosemary Nelson, and Robert Hamill, including
the extent to which progress has been made on recommendations
for independent judicial inquiries into these murders.''.
(c) Conforming Amendments.--Section 405 of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001, as amended by subsections (a) and (b), is further
amended--
(1) in subsection (a)--
(A) by striking ``the report required by subsection
(b)'' and inserting ``the reports required by
subsections (b) and (c)''; and
(B) by striking ``subsection (c)(1)'' and inserting
``subsection (d)(1)''; and
(2) in subsection (d)(2) (as redesignated)--
(A) in the heading, by striking ``2001'' and
inserting ``2003''; and
(B) by striking ``2001'' and inserting ``2003''.
SEC. 204. REPORT CONCERNING ELIMINATION OF COLOMBIAN OPIUM.
(a) Findings.--The Congress makes the following findings:
(1) There is a growing heroin crisis in the United States
resulting from increasingly cheap, pure, and deadly heroin
flooding into this country, much of it from Colombia.
(2) Interdicting heroin entering the United States is
difficult, in part because it can be trafficked in such small
quantities.
(3) Destruction of opium, from which heroin is derived, at
its source in Colombia is traditionally one of the best
strategies to combat the heroin crisis according to Federal law
enforcement officials.
(b) Report to Congress.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State, through the Bureau
of International Narcotics and Law Enforcement, shall submit to the
Congress a report which outlines a comprehensive strategy to address
the crisis of heroin in the United States due to opium originating from
Colombia including destruction of opium at its source.
SEC. 205. REPEAL OF PROVISION REGARDING HOUSING FOR FOREIGN
AGRICULTURAL ATTACHE.
Section 738 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001 (as
enacted into law by Public Law 106-387; 114 Stat. 1549A-34) is
repealed.
SEC. 206. HUMAN RIGHTS MONITORING.
Funds authorized to be appropriated for the Bureau of Democracy,
Human Rights, and Labor pursuant to section 101(1)(B)(ii) are
authorized to be available to fund positions at United States posts
abroad that are primarily responsible for following human rights
developments in foreign countries and that are assigned at the
recommendation of such bureau in conjunction with the relevant regional
bureau.
SEC. 207. CORRECTION OF FISHERMEN'S PROTECTIVE ACT OF 1967.
Section 7(a)(3) of the Fishermen's Protective Act of 1967 (22
U.S.C. 1977(A)(3)) is amended by striking ``Secretary of Commerce'' and
inserting ``Secretary of State''.
SEC. 208. INTERNATIONAL LITIGATION FUND.
Section 38 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2710) is amended by adding at the end the following new
subsection:
``(e) Retention of Funds.--
``(1) In general.--To reimburse the expenses of the United
States Government in preparing or prosecuting a claim against a
foreign government or other foreign entity, the Secretary of
State shall retain 1.5 percent of any amount between $100,000
and $5,000,000, and one percent of any amount over $5,000,000,
received per claim under chapter 34 of the Act of February 27,
1896 (22 U.S.C. 2668a; 29 Stat. 32).
``(2) Treatment.--Amounts retained under the authority of
paragraph (1) shall be deposited into the fund under subsection
(d).''.
SEC. 209. EMERGENCY EVACUATION SERVICES.
Section 4(b)(2)(A) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2671(b)(2)(A)) is amended to read as follows:
``(A) the evacuation when their lives are endangered by
war, civil unrest, or natural disaster of (i) United States
Government employees and their dependents, and (ii) private
United States citizens or third-country nationals, on a
reimbursable basis to the extent feasible, with such
reimbursements to be credited to the applicable Department of
State appropriation and to remain available until expended. No
reimbursement shall be required which is greater than the
amount the person evacuated would have been charged for a
commercial air fare at the lowest rate available immediately
prior to the onset of the war, civil unrest, or natural
disaster giving rise to the evacuation;''.
SEC. 210. IMPLEMENTATION OF THE INTERCOUNTRY ADOPTION ACT OF 2000.
The Secretary of State, acting through the Assistant Secretary of
State for Consular Affairs, shall consult with the appropriate
congressional committees on a regular basis on the implementation of
the Intercountry Adoption Act of 2000 (Public Law 106-279; 42 U.S.C.
14901 et seq.).
SEC. 211. REPORT CONCERNING THE EFFECT OF PLAN COLOMBIA ON ECUADOR.
(a) Findings.-- The Congress makes the following findings:
(1) There is a growing alarm concerning the spillover
effect of Plan Colombia on Ecuador, a frontline state. The
northern region of Ecuador, including the Sucumbios province,
is an area of particular concern. It faces the Colombian
Putumayo zone, where there is no presence of military or law
enforcement personnel.
(2) Activities relating to the implementation of Plan
Colombia have resulted in incursions on Ecuadorian territory by
drug traffickers and guerrilla and paramilitary groups from
Colombia and a concomitant increase in the levels of violence
and delinquency. Recent kidnappings of American and other
foreign nationals, as well as discoveries of clandestine
cocaine laboratories, are especially troublesome.
(3) Ecuador is receiving an influx of Colombian refugees
and its own indigenous communities have been displaced from
their ancestral villages.
(4) Ecuador has demonstrated its moral and political
commitment in the fight against drugs. The agreement signed in
November 1999 with the United States to establish a forward
operating location in Manta is a clear sign of this active
stance.
(5) Ecuador is implementing a comprehensive program aimed
at reinforcing its security mechanisms in the northern border,
as well as converting the area into a buffer zone of peace and
development.
(b) Report to Congress.-- Not later than 60 days after the date of
enactment of this Act, the Secretary of State, through the Bureau of
International Narcotics and Law Enforcement, shall submit to Congress a
report which outlines a comprehensive strategy to address the spillover
effect of Plan Colombia on Ecuador.
SEC. 212. REPORT CONCERNING EFFORTS TO PROMOTE ISRAEL'S DIPLOMATIC
RELATIONS WITH OTHER COUNTRIES.
(a) Findings.--The Congress makes the following findings:
(1) Israel is a friend and ally of the United States whose
security is vital to regional stability and United States
interests.
(2) Israel currently maintains diplomatic relations with
162 countries. Approximately 25 countries do not have any
diplomatic relations with Israel and another 4 countries have
only limited relations.
(3) The government of Israel has been actively seeking to
establish formal relations with a number of countries.
(4) The United States should assist its ally, Israel, in
its efforts to establish diplomatic relations.
(5) After 52 years of existence, Israel deserves to be
treated as an equal nation by its neighbors and the world
community.
(b) Report concerning United States Efforts to Promote Israel's
Diplomatic Relations with Other Countries.--Not later than 60 days
after the date of the enactment of this Act, and annually thereafter,
the Secretary of State shall submit a report which includes the
following information (in classified or unclassified form, as
appropriate) to the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives:
(1) Actions taken by representatives of the United States
to encourage other countries to establish full diplomatic
relations with Israel.
(2) Specific responses solicited and received by the
Secretary of State from countries that do not maintain full
diplomatic relations with Israel with respect to the status of
negotiations to enter into diplomatic relations with Israel.
(3) Other measures being undertaken, and measures that will
be undertaken, by the United States to ensure and promote
Israel's full participation in the world diplomatic community.
SEC. 213. REPORTS ON ACTIVITIES IN THE REPUBLIC OF COLOMBIA.
(a) Report on Reform Activities.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of State shall submit to the appropriate
congressional committees a report on the status of activities
funded or authorized, in whole or in part, by the Department of
State in the Republic of Colombia to promote alternative
development, recovery and resettlement of internally displaced
persons, judicial reform, the peace process, and human rights.
(2) Contents.--Each such report shall contain the
following:
(A) A summary of activities described in paragraph
(1) during the previous 180-day period.
(B) An estimated timetable for the conduct of such
activities in the subsequent 180-day period.
(C) An explanation of any delays in meeting
timetables contained in previous reports submitted in
accordance with this subsection.
(D) An assessment of steps to be taken to correct
any delays in meeting such timetables.
(b) Report on Certain Counternarcotics Activities.--
(1) Declaration of policy.--It is the policy of the United
States to encourage the transfer of counternarcotics activities
carried out in the Republic of Colombia by United States
businesses that have entered into agreements with the
Department of State to conduct such activities, to Colombian
nationals, in particular personnel of the Colombian
antinarcotics police, when properly qualified personnel are
available.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, and not later than March 1 of each year
thereafter, the Secretary of State shall submit to the
appropriate congressional committees a report on the activities
of United States businesses that have entered into agreements
with the Department of State to carry out counternarcotics
activities in the Republic of Colombia.
(3) Contents.--Each such report shall contain the
following:
(A) The name of each United States business
described in paragraph (2) and description of the
counternarcotics activities carried out by the business
in Colombia.
(B) The total value of all payments by the
Department of State to each such business for such
activities.
(C) A written statement justifying the decision by
the Department of State to enter into an agreement with
each such business for such activities.
(D) An assessment of the risks to personal safety
and potential involvement in hostilities incurred by
employees of each such business as a result of their
activities in Colombia.
(E) A plan to provide for the transfer of the
counternarcotics activities carried out by such United
States businesses to Colombian nationals, in particular
personnel of the Colombian antinarcotics police.
(3) Definition.--In this subsection, the term ``United
States business'' means any corporation, partnership, or other
organization that employs 3 or more individuals and is
organized under the laws of the United States.
Subtitle B--Consular Authorities
SEC. 231. MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (8 U.S.C. 1351 note) is amended in the first
sentence of paragraph (3)--
(1) by striking ``2001, and 2002,'' and inserting ``2001,
2002, and 2003,''; and
(2) by striking ``and $316,715,000 for fiscal year 2002''
and inserting ``$414,000,000 for fiscal year 2002, and
$422,000,000 for fiscal year 2003,''.
SEC. 232. ESTABLISHMENT OF A CONSULAR BRANCH OFFICE IN LHASA, TIBET.
The Secretary of State shall make best efforts to establish a
branch office in Lhasa, Tibet, of the United States Consulate General
in Chengdu, People's Republic of China, to monitor political, economic,
and cultural developments in Tibet.
SEC. 233. ESTABLISHMENT OF A DIPLOMATIC OR CONSULAR POST IN EQUATORIAL
GUINEA.
The Secretary of State shall establish a diplomatic or consular
post in Equatorial Guinea.
SEC. 234. PROCESSING OF VISA APPLICATIONS.
It shall be the policy of the Department of State to process
immigrant visa applications of immediate relatives of United States
citizens and nonimmigrant K-1 visa applications of fiances of United
States citizens within 30 days of the receipt of all necessary
documents from the applicant and the Immigration and Naturalization
Service. In the case of an immigrant visa application where the sponsor
of such applicant is a relative other than an immediate relative, it
should be the policy of the Department of State to process such an
application within 60 days of the receipt of all necessary documents
from the applicant and the Immigration and Naturalization Service.
SEC. 235. UNITED STATES POLICY WITH RESPECT TO JERUSALEM AS THE CAPITAL
OF ISRAEL.
(a) Congressional Statement of Policy.--The Congress maintains its
commitment to relocating the United States Embassy in Israel to
Jerusalem and urges the President, pursuant to the Jerusalem Embassy
Act of 1995 (Public Law 104-45; 109 Stat. 398), to immediately begin
the process of relocating the United States Embassy in Israel to
Jerusalem.
(b) Limitation on Use of Funds for Consulate in Jerusalem.--None of
the funds authorized to be appropriated by this Act may be expended for
the operation of a United States consulate or diplomatic facility in
Jerusalem unless such consulate or diplomatic facility is under the
supervision of the United States Ambassador to Israel.
(c) Limitation on Use of Funds for Publications.--None of the funds
authorized to be appropriated by this Act may be available for the
publication of any official government document which lists countries
and their capital cities unless the publication identifies Jerusalem as
the capital of Israel.
(d) Record of Place of Birth as Israel for Passport Purposes.--For
purposes of the registration of birth, certification of nationality, or
issuance of a passport of a United States citizen born in the city of
Jerusalem, the Secretary of State shall, upon the request of the
citizen or the citizen's legal guardian, record the place of birth as
Israel.
SEC. 236. DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN ILLEGAL ARMED
GROUPS.
(a) Denial of Visas to Persons Supporting Colombian Insurgent and
Paramilitary Groups.--Subject to subsection (b), the Secretary of State
shall not issue a visa to any alien who the Secretary determines, based
on credible evidence--
(1) has willfully provided direct or indirect support to
the Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ELN), or the United Self-Defense Forces of
Colombia (AUC); or
(2) has willfully conspired to allow, facilitate, or
promote the illegal activities of any group listed in paragraph
(1).
(b) Waiver.--Subsection (a) shall not apply if the Secretary of
State determines and certifies to the appropriate congressional
committees, on a case-by-case basis, that issuance of a visa to the
alien is necessary to support the peace process in Colombia, for urgent
humanitarian reasons, for significant public benefit, or to further the
national security interests of the United States.
Subtitle C--Migration and Refugees
SEC. 251. UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF
REFUGEES.
(a) In General.--None of the funds made available by this Act or by
section 2(c) of the Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2601(c)) shall be available to effect the involuntary return by
the United States of any person to a country in which the person has a
well-founded fear of persecution on account of race, religion,
nationality, membership in a particular social group, or political
opinion, except on grounds recognized as precluding protection as a
refugee under the United Nations Convention Relating to the Status of
Refugees of July 28, 1951, and the Protocol Relating to the Status of
Refugees of January 31, 1967, subject to the reservations contained in
the United States Senate Resolution of Ratification.
(b) Migration and Refugee Assistance.--None of the funds made
available by this Act or by section 2(c) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be available to effect
the involuntary return of any person to any country unless the
Secretary of State first notifies the appropriate congressional
committees, except that in the case of an emergency involving a threat
to human life the Secretary of State shall notify the appropriate
congressional committees as soon as practicable.
(c) Involuntary Return Defined.--As used in this section, the term
``to effect the involuntary return'' means to require, by means of
physical force or circumstances amounting to a threat thereof, a person
to return to a country against the person's will, regardless of whether
the person is physically present in the United States and regardless of
whether the United States acts directly or through an agent.
SEC. 252. REPORT ON OVERSEAS REFUGEE PROCESSING.
(a) Report on Overseas Refuge Processing.--Not later than 90 days
after the date of the enactment of this Act, the Secretary shall
provide to the appropriate congressional committees a report on
overseas processing of refugees for admission to the United States.
(b) Contents.--The report shall include the following detailed
information:
(1) United States procedures for the identification of
refugees who are particularly vulnerable or whose individual
circumstances otherwise suggest an urgent need for
resettlement, including the extent to which the Department now
insists on referral by the United Nations High Commissioner for
Refugees as a prerequisite to consideration of such refugees
for resettlement in the United States, together with a plan for
the expanded use of alternatives to such referral, including
the use of field-based nongovernmental organizations to
identify refugees in urgent need of resettlement.
(2) The extent to which the Department makes use in
overseas refugee processing of the designation of groups of
refugees who are of special concern to the United States,
together with the reasons for any decline in such use over the
last 10 years and a plan for making more generous use of such
categories in the future.
(3) The extent to which the United States currently
provides opportunities for resettlement in the United States of
individuals who are close family members of citizens or lawful
residents of the United States, together with the reasons for
any decline in the extent of such provision over the last 10
years and a plan for expansion of such opportunities in the
future.
(4) The extent to which opportunities for resettlement in
the United States are currently provided to ``urban refugees''
and others who do not currently reside in refugee camps,
together with a plan for increasing such opportunities,
particularly for refugees who are in urgent need of
resettlement, who are members of refugee groups of special
interest to the United States, or who are close family members
of United States citizens or lawful residents.
(5) The Department's assessment of the feasibility and
desirability of modifying the Department's current list of
refugee priorities to create an additional category for
refugees whose need for resettlement is based on a long period
of residence in a refugee camp with no immediate prospect of
safe and voluntary repatriation to their country of origin or
last permanent residence.
(6) The extent to which the Department uses private
voluntary agencies to assist in the identification of refugees
for admission to the United States, including the Department's
assessment of the advantages and disadvantages of private
voluntary agencies, the reasons for any decline in the
Department's use of voluntary agencies over the last 10 years,
and a plan for the expanded use of such agencies.
(7) The extent to which the per capita reception and
placement grant to voluntary agencies assisting in resettlement
of refugees has kept up over the last 10 years with the cost to
such agencies of providing such services.
(8) An estimate of the cost of each change in current
practice or procedure discussed in the report, together with an
estimate of any increase in the annual refugee admissions
ceiling that would be necessary to implement each change.
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
Subtitle A--Organizational Matters
SEC. 301. COMPREHENSIVE WORKFORCE PLAN.
(a) Workforce Plan.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a comprehensive workforce plan for
the Department of State for the fiscal years 2002 through 2006. The
plan shall consider personnel needs in both the civil service and the
Foreign Service and expected domestic and overseas personnel
allocations. The workforce plan should set forth the detailed mission
of the Department, the definition of work to be done and cyclical
personnel needs based on expected retirements and the time required to
hire, train, and deploy new personnel.
(b) Domestic Staffing Model.--Not later than one year after the
date of the enactment of this Act, the Secretary of State shall compile
and submit to the appropriate congressional committees a domestic
staffing model for the Department of State.
SEC. 302. ``RIGHTSIZING'' OVERSEAS POSTS.
(a) ``Rightsizing'' at the Department of State.--
(1) The Secretary of State shall establish a task force
within the Department of State on the issue of ``rightsizing''
overseas posts.
(2) Preliminary report.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
which outlines the status, plans, and activities of the task
force. In addition to such other information as the Secretary
considers appropriate, the report shall include the following:
(A) The objectives of the task force.
(B) Measures for achieving the objectives under
subparagraph (A).
(C) The official of the Department with primary
responsibility for the issue of ``rightsizing''.
(D) The plans of the Department for the
reallocation of staff and resources based on changing
needs at overseas posts and in the metropolitan
Washington, D.C. area.
(3) Periodic reports.--Not later than 6 months after the
date of the enactment of this Act, and every 6 months
thereafter during the fiscal years 2002 and 2003, the Secretary
of State shall submit to the appropriate congressional
committees a report reviewing the activities and progress of
the task force established under paragraph (1).
(b) Interagency Working Group.--
(1) Establishment.--The Secretary of State shall establish
an interagency working group on the issue of ``rightsizing''
the overseas presence of the United States Government.
(2) Preliminary report.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
which outlines the status, plans, and activities of the
interagency working group. In addition to such other
information as the Secretary considers appropriate, the report
shall include the following:
(A) The objectives of the working group.
(B) Measures for achieving the objectives under
subparagraph (A).
(C) The official of each agency with primary
responsibility for the issue of ``rightsizing''.
(3) Periodic reports.--Not later than 6 months after the
date of the enactment of this Act, and every 6 months
thereafter during the fiscal years 2002 and 2003, the Secretary
of State shall submit to the appropriate congressional
committees a report reviewing the activities and progress of
the working group established under paragraph (1).
SEC. 303. QUALIFICATIONS OF CERTAIN OFFICERS OF THE DEPARTMENT OF
STATE.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended--
(1) by striking subsections (f) and (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Qualifications of Certain Officers of the Department of
State.--
``(1) Officer having primary responsibility for personnel
management.--The officer of the Department of State with
primary responsibility for assisting the Secretary of State
with respect to matters relating to personnel in the Department
of State, or that officer's principal deputy, shall have
substantial professional qualifications in the field of human
resource policy and management.
``(2) Officer having primary responsibility for diplomatic
security.--The officer of the Department of State with primary
responsibility for assisting the Secretary of State with
respect to diplomatic security, or that officer's principal
deputy, shall have substantial professional qualifications in
the fields of (A) management, and (B) Federal law enforcement,
intelligence, or security.
``(3) Officer having primary responsibility for
international narcotics and law enforcement.--The officer of
the Department of State with primary responsibility for
assisting the Secretary of State with respect to international
narcotics and law enforcement, or that officer's principal
deputy, shall have substantial professional qualifications in
the fields of management and Federal law enforcement.''.
SEC. 304. UNITED STATES SPECIAL COORDINATOR FOR TIBETAN ISSUES.
(a) United States Special Coordinator for Tibetan Issues.--There
shall be within the Department of State a United States Special
Coordinator for Tibetan Issues.
(b) Consultation.--The Secretary of State shall consult with the
chairman and ranking minority member of the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives prior to the designation of the special
coordinator.
(c) Central Objective.--The central objective of the special
coordinator is to promote substantive dialogue between the Government
of the People's Republic of China and the Dalai Lama or his
representatives.
(d) Duties and Responsibilities.--The special coordinator shall--
(1) coordinate United States Government policies, programs,
and projects concerning Tibet;
(2) vigorously promote the policy of seeking to protect the
distinct religious, cultural, linguistic, and national identity
of Tibet, and pressing for improved respect for human rights;
(3) maintain close contact with religious, cultural, and
political leaders of the Tibetan people, including regular
travel to Tibetan areas of the People's Republic of China, and
to Tibetan refugee settlements in India and Nepal;
(4) consult with Congress on policies relevant to Tibet and
the future and welfare of the Tibetan people;
(5) make efforts to establish contacts in the foreign
ministries of other countries to pursue a negotiated solution
for Tibet; and
(6) take all appropriate steps to ensure adequate
resources, staff, and bureaucratic support to fulfill the
duties and responsibilities of the special coordinator.
SEC. 305. UNITED STATES SPECIAL ENVOY FOR SUDAN ISSUES.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended by inserting after subsection (f) (as added by
section 303 of this Act) the following new subsection (g):
``(g) United States Special Envoy for Sudan Issues.--
``(1) In general.--There shall be within the Department of
State a United States Special Envoy for Sudan Issues who shall
be appointed by the President, by and with the advice and
consent of the Senate.
``(2) Duties.--In addition to such duties as the President
and Secretary of State shall prescribe, the envoy shall work
for a peaceful resolution of the conflict in Sudan and an end
to abuses of human rights, including religious freedom, in
Sudan.''.
Subtitle B--Personnel Matters
SEC. 331. REPORT CONCERNING RETIRED MEMBERS OF THE FOREIGN SERVICE AND
CIVIL SERVICE WHO ARE REGISTERED AGENTS OF A
GOVERNMENT OF A FOREIGN COUNTRY.
The Secretary of State shall submit, annually, a report to the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Affairs of the Senate which lists members
of the Foreign Service and the civil service who have retired, have
been issued an identification which authorizes access to facilities of
the Department of State, and are registered under the Foreign Agents
Registration Act of 1938 as an agent of a government of a foreign
country. The report shall specify each individual and the governments
represented by that individual.
SEC. 332. TIBETAN LANGUAGE TRAINING.
The Secretary of State shall ensure that Tibetan language training
is available to Foreign Service officers, and that every effort is made
to ensure that a Tibetan-speaking Foreign Service officer is assigned
to the consulate in China responsible for tracking developments in
Tibet.
SEC. 333. DEPENDENTS ON FAMILY VISITATION TRAVEL.
(a) In General.--Section 901(8) of the Foreign Service Act of 1980
(22 U.S.C. 4081(8)) is amended by striking ``Service'' and inserting
``Service, and members of his or her family,''.
(b) Promulgation of Guidance.--The Secretary shall promulgate
guidance for the implementation of the amendment made by subsection (a)
to ensure its implementation in a manner which does not substantially
increase the total amount of travel expenses paid or reimbursed by the
Department for travel under section 901 of the Foreign Service Act of
1980.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on the date on which guidance for implementation of such
amendment is issued by the Secretary.
SEC. 334. THOMAS JEFFERSON STAR.
Section 36A of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708a) is amended--
(1) in the section heading by striking ``FOREIGN SERVICE''
and inserting ``THOMAS JEFFERSON''; and
(2) by striking ``Foreign Service star'' each place it
appears and inserting ``Thomas Jefferson Star''.
SEC. 335. HEALTH EDUCATION AND DISEASE PREVENTION PROGRAMS.
Section 904(b) of the Foreign Service Act of 1980 (22 U.S.C.
4084(b)) is amended by striking ``families, and (3)'' and inserting
``families, (3) health education and disease prevention programs for
all employees, and (4)''.
SEC. 336. TRAINING AUTHORITIES.
Section 2205(a) of the Foreign Affairs Reform and Restructuring Act
of 1998 (as enacted in division G of Public Law 105-277) is amended by
striking paragraph (3).
SEC. 337. FOREIGN NATIONAL RETIREMENT PLANS.
Section 408(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3968(a)(1)) is amended in the third sentence by striking ``(C)'' and
all that follows through ``covered employees.'' and inserting ``(C)
payments by the Government and employees to (i) a trust or other fund
in a financial institution in order to finance future benefits for
employees, including provision for retention in the fund of accumulated
interest and dividends for the benefit of covered employees; or (ii) a
Foreign Service National Savings Fund established in the Treasury of
the United States, which (I) shall be administered by the Secretary of
State, at whose direction the Secretary of the Treasury shall invest
amounts not required for the current needs of the fund; and (II) shall
be public monies, which are authorized to be appropriated and remain
available without fiscal year limitation to pay benefits, to be
invested in public debt obligations bearing interest at rates
determined by the Secretary of the Treasury taking into consideration
current average market yields on outstanding marketable obligations of
the United States of comparable maturity, and to pay administrative
expenses.''.
SEC. 338. PRESIDENTIAL RANK AWARDS.
(a) Comparable to Payments to Meritorious Executives and
Distinguished Executives.--Section 405(b)(3) of the Foreign Service Act
of 1980 (22 U.S.C. 3965(b)(3)) is amended by striking the second
sentence and inserting ``Payments under this paragraph to a member of
the Senior Foreign Service may not exceed, in any fiscal year, the
percentage of base pay established under section 4507(e)(1) of title 5,
United States Code, for a Meritorious Executive, except that payments
of the percentage of the base pay established under section 4507(e)(2)
of title 5, United States, Code, for Distinguished Executives may be
made in any fiscal year to up to 1 percent of the members of the Senior
Foreign Service.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect October 1, 2001.
SEC. 339. EMERGENCY MEDICAL ADVANCE PAYMENTS.
Section 5927(a)(3) of title 5, United States Code, is amended to
read as follows:
``(3) to an employee compensated pursuant to section 408 of
the Foreign Service Act of 1980, who--
``(A) pursuant to government authorization is
located outside the country of employment; and
``(B) requires medical treatment outside the
country of employment in circumstances specified by the
President in regulations.''.
SEC. 340. UNACCOMPANIED AIR BAGGAGE.
Section 5924(4)(B) of title 5, United States Code, is amended by
inserting after the first sentence the following: ``At the option of
the employee, in lieu of the transportation of the baggage of a
dependent child from the dependent's school, the costs incurred to
store the baggage at or in the vicinity of the school during the
dependent's annual trip between the school and the employee's duty
station may be paid or reimbursed to the employee. The amount of the
payment or reimbursement may not exceed the cost that the government
would incur to transport the baggage.''.
SEC. 341. SPECIAL AGENT AUTHORITIES.
Section 37(a) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2709(a)) is amended in paragraph (3)(F) by inserting ``or
President-elect'' after ``President''.
SEC. 342. REPORT CONCERNING MINORITY EMPLOYMENT.
During each of the years 2002 and 2003, the Secretary of State
shall submit a comprehensive report to the Congress concerning the
status of employment of members of minority groups at the Department of
State, including the Civil Service, the Foreign Service, and State
Department employees serving abroad. The report shall include the
following data (reported in terms of real numbers and percentages and
not as ratios):
(1) For the last preceding Foreign Service examination and
promotion cycles for which such information is available--
(A) the numbers and percentages of members of all
minority groups taking the written Foreign Service
examination;
(B) the numbers and percentages of members of all
minority groups successfully completing and passing the
written Foreign Service examination;
(C) the numbers and percentages of members of all
minority groups successfully completing and passing the
oral Foreign Service examination;
(D) the numbers and percentages of members of all
minority groups entering the junior officers class of
the Foreign Service;
(E) the numbers and percentages of members of all
minority groups who are Foreign Service officers at
each grade; and
(F) the numbers of and percentages of members of
all minority groups promoted at each grade of the
Foreign Service Officer Corps.
(2) For the last preceding year for Civil Service
employment at the Department of State for which such
information is available--
(A) numbers and percentages of members of all
minority groups entering the Civil Service;
(B) the number and percentages of members of all
minority groups who are civil service employees at each
grade of the Civil Service; and
(C) the number of and percentages of members of all
minority groups promoted at each grade of the Civil
Service.
SEC. 343. USE OF FUNDS AUTHORIZED FOR MINORITY RECRUITMENT.
(a) Conduct of Recruitment Activities.--
(1) In general.--Amounts authorized to be appropriated for
minority recruitment under section 101(1)(B)(iii) shall be used
only for activities directly related to minority recruitment,
such as recruitment materials designed to target members of
minority groups and the travel expenses of recruitment trips to
colleges, universities, and other institutions or locations.
(2) Limitation.--Amounts authorized to be appropriated for
minority recruitment under section 101(1)(B)(iii) may not be
used to pay salaries of employees of the Department of State.
(b) Recruitment Activities at Academic Institutions.--The Secretary
of State shall expand the recruitment efforts of the Department of
State to include not less than 25 percent of the part B institutions
(as defined under section 322 of the Higher Education Act of 1965) in
the United States and not less than 25 percent of the Hispanic-serving
institutions (as defined in section 502(a)(5) of such Act) in the
United States.
(c) Evaluation of Recruitment Efforts.--The Secretary of State
shall establish a database relating to efforts to recruit members of
minority groups into the Foreign Service and the Civil Service and
shall report to the appropriate congressional committees annually on
the evaluation of efforts to recruit such individuals, including an
analysis of the information collected in the database created under
this subsection. For each of the years 2002 and 2003, such a report may
be part of the report required under section 342.
TITLE IV--UNITED STATES EDUCATIONAL AND CULTURAL PROGRAMS OF THE
DEPARTMENT OF STATE
SEC. 401. EXTENSION OF REQUIREMENT FOR SCHOLARSHIPS FOR TIBETANS AND
BURMESE.
Section 103(b)(1) of the Human Rights, Refugee, and Other Foreign
Relations Provisions Act of 1996 (Public Law 104-319; 22 U.S.C. 2151
note) is amended by striking ``for the fiscal year 2000'' and inserting
``for each of the fiscal years 2002 and 2003''.
SEC. 402. NONPROFIT ENTITIES FOR CULTURAL PROGRAMS.
(a) Findings.--The Congress makes the following findings:
(1) It is in the national interest of the United States to
promote mutual understanding between the people of the United
States and other nations.
(2) Among the means to be used in achieving this objective
are a wide range of international educational and cultural
exchange programs, including the J. William Fulbright
Educational Exchange Program and the International Visitors
Program.
(3) Cultural diplomacy, especially the presentation abroad
of the finest of America's creative, visual and performing
arts, is an especially effective means of advancing the United
States national interest.
(4) The financial support available for international
cultural and scholarly exchanges has declined by approximately
10 per cent in recent years.
(5) Funds appropriated for the purpose of ensuring that the
excellence, diversity, and vitality of the arts in the United
States are presented to foreign audiences by, and in
cooperation with, our diplomatic and consular representatives
have declined dramatically.
(6) One of the ways to deepen and expand cultural and
educational exchange programs is through the establishment of
nonprofit entities to encourage the participation and financial
support of corporations and other private sector contributors.
(7) The United States private sector should be encouraged
to cooperate closely with the Secretary of State and
representatives of the Department to expand and spread
appreciation of United States cultural and artistic
accomplishments.
(b) Authority To Establish Nonprofit Entities.--Section 105 of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2255)
is amended by striking subsection (g) and inserting the following:
``(g) Nonprofit Entities for Cultural Programming.--
``(1) The Secretary of State is authorized to provide for
the establishment of private nonprofit entities to assist in
carrying out the purposes of this subsection. Any such entity
shall not be considered an agency or instrumentality of the
United States Government and employees of such an entity shall
not be considered employees of the United States Government for
any purpose.
``(2) An entity established pursuant to the authority of
paragraph (1) may carry out the following:
``(A) Encourage participation and support by United
States corporations and other elements of the private
sector for cultural, arts, and educational exchange
programs which will enhance international appreciation
of America's cultural and artistic accomplishments.
``(B) Solicit and receive contributions from the
private sector to support cultural, arts, and
educational exchange programs.
``(C) Provide grants and other assistance for such
programs.
``(3) The Secretary of State is authorized to make such
arrangements as are necessary to carry out the purposes of any
entity established pursuant to paragraph (1) including the
following:
``(A) The solicitation and receipt of funds for an
entity.
``(B) Designation of a program in recognition of
such contributions.
``(C) Appointment of members of the board of
directors or other body established to administer an
entity, including the appointment of employees of the
United States Government as ex officio nonvoting
members of such a board or other administrative body.
``(D) Making recommendations with respect to
specific artistic and cultural programs to be carried
out by the entity.
``(4) For fiscal years 2002 and 2003, not to exceed
$500,000 of funds available to the Department of State are
authorized to be made available for each fiscal year for
administrative and other costs for the establishment of
entities pursuant to paragraph (1). An entity established
pursuant to paragraph (1) is authorized to invest amounts made
available to the entity by the Department of State, and such
amounts, as well as interest or earnings on such amounts, may
be used by the entity to carry out its purposes.
``(5) Each entity established pursuant to paragraph (1)
shall submit an annual report on the sources and amount of
funds and other resources received and the programs funded by
the entity to the Committee on Foreign Relations of the Senate
and the Committee on International Relations of the House of
Representatives.
``(6) The financial transactions of each entity established
under paragraph (1) for each fiscal year shall be the subject
of an independent audit. A report of each such audit shall be
made available to the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the
House of Representatives.''.
SEC. 403. FULBRIGHT-HAYS AUTHORITIES.
Section 112(d) of the Mutual Educational and Cultural Exchange Act
of 1961 (22 U.S.C. 2460(d) is amended by striking ``operating under the
authority of this Act and consistent with'' and inserting ``which
operate under the authority of this Act or promote''.
SEC. 404. ETHICAL ISSUES IN INTERNATIONAL HEALTH RESEARCH.
(a) In General.--The Secretary shall make available funds for
public diplomacy and international exchanges, including, as
appropriate, funds for international visitor programs and scholarships
available under the United States Information and Educational Exchange
Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961
and other similar statutes, to provide opportunities to researchers in
developing countries to obtain scholarships and otherwise participate
in activities related to ethical issues in human subject research, as
described in subsection (b).
(b) Ethical Issues in Human Subject Research.--For purposes of
subsection (a), ``activities related to ethical issues in human subject
research'' include courses of study, conferences, and fora on
development of and compliance with international ethical standards for
clinical trials involving human subjects, particularly with respect to
responsibilities of researchers to individuals and local communities
participating in such trials, and on management and monitoring of such
trials based on such international ethical standards.
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
SEC. 501. ELIMINATING STAFF POSITIONS FOR THE ADVISORY BOARD FOR CUBA
BROADCASTING.
(a) Eliminating Position of Staff Director.--
(1) Section 245 of the Television Broadcasting to Cuba Act
(22 U.S.C. 1465c note) is amended by striking subsection (d).
(2) Any funds made available through the elimination of the
position under the amendment made by paragraph (1) shall be
made available for broadcasting to Cuba.
(b) Prohibiting Paid Staff Positions.--The Advisory Board for Cuba
Broadcasting is not authorized to employ administrative or support
staff who are compensated by the Advisory Board.
SEC. 502. REPORTS ON BROADCASTING PERSONNEL.
Not later than 3 months after the date of the enactment of this Act
and every 6 months thereafter during the fiscal years 2002 and 2003,
the Broadcasting Board of Governors shall submit to the appropriate
congressional committees a report regarding high-level personnel of the
Broadcasting Board of Governors and efforts to diversify the workforce.
Each report shall include the following information, reported
separately, for the International Broadcasting Bureau, Radio Free
Europe/Radio Liberty, and Radio Free Asia:
(1) A list of all personnel positions at and above the GS-
13 pay level.
(2) The number and percentage of women and members of
minority groups in positions under paragraph (1).
(3) The increase or decrease in the representation of women
and members of minority groups in positions under paragraph (1)
from previous years.
(4) The recruitment budget for each broadcasting entity and
the aggregate budget.
(5) Information concerning the recruitment efforts of the
Broadcasting Board of Governors relating to women and members
of minority groups, including the percentage of the recruitment
budget utilized for such efforts.
SEC. 503. PERSONAL SERVICES CONTRACTING PILOT PROGRAM.
(a) In General.--The Director of the International Broadcasting
Bureau is authorized to establish a pilot program for the purpose of
hiring United States citizens or aliens as personal services
contractors, without regard to civil service and classification laws,
for service in the United States as broadcasters, producers, and
writers in the International Broadcasting Bureau to respond to new or
emerging broadcasting needs or to augment broadcast services.
(b) Limitation on Authority.--The Director is authorized to use
such pilot program authority subject to the following limitations:
(1) The Director shall determine that existing personnel
resources are insufficient and the need is of limited or
unknown duration.
(2) The Director shall approve each contract for a personal
services contractor.
(3) The length of any personal services contract may not
exceed 2 years, unless the Director finds that exceptional
circumstances justify an extension of not more than 1
additional year.
(4) Not more than 50 United States citizens or aliens shall
be employed at any time as personal services contractors under
the pilot program.
(c) Termination of Authority.--The authority to award personal
services contracts under the pilot program authorized by this section
shall terminate on December 31, 2005. A contract entered into prior to
the termination date under this subsection may remain in effect for a
period not to exceed 6 months after such termination date.
SEC. 504. PAY PARITY FOR SENIOR EXECUTIVES OF RADIO FREE EUROPE AND
RADIO LIBERTY.
Section 308(h)(1) of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6207(h)(1)) is amended--
(1) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Notwithstanding the limitations under subparagraph
(A), grant funds provided under this section may be used by
RFE/RL, Incorporated to pay up to 2 employees employed in
Washington, D.C. salary or other compensation not to exceed the
rate of pay payable for level III of the Executive Schedule
under section 5314 of title 5, United States Code.''; and
(2) in subparagraph (A) by striking ``(B),'' and inserting
``(B) or (C),''.
SEC. 505. REPEAL OF BAN ON UNITED STATES TRANSMITTER IN KUWAIT.
The Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236) is amended--
(1) by striking section 226; and
(2) by striking the item relating to section 226 in the
table of sections.
TITLE VI--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
SEC 601. UNITED NATIONS ARREARS PAYMENTS AND REFORM.
(a) Additional Restrictions on Release of Arrearage Payments
Relating to United States Sovereignty.--In addition to the satisfaction
of all other preconditions applicable to the obligation and expenditure
of funds authorized to be appropriated by section 911(a)(2) of the
United Nations Reform Act of 1999, such funds may not be obligated or
expended until the Secretary of State certifies to the appropriate
congressional committees that the following conditions are satisfied:
(1) Supremacy of the united states constitution.--No action
has been taken by the United Nations or any of its specialized
or affiliated agencies that requires the United States to
violate the United States Constitution or any law of the United
States.
(2) No united nations sovereignty.--Neither the United
Nations nor any of its specialized or affiliated agencies--
(A) has exercised sovereignty over the United
States; or
(B) has taken any steps that require the United
States to cede sovereignty.
(3) No united nations taxation.--
(A) No legal authority.--Except as provided in
subparagraph (D), neither the United Nations nor any of
its specialized or affiliated agencies has the
authority under United States law to impose taxes or
fees on United States nationals.
(B) No taxes or fees.--Except as provided in
subparagraph (D), a tax or fee has not been imposed on
any United States national by the United Nations or any
of its specialized or affiliated agencies.
(C) No taxation proposals.--Except as provided in
subparagraph (D), neither the United Nations nor any of
its specialized or affiliated agencies has, on or after
October 1, 1996, officially approved any formal effort
to develop, advocate, or promote any proposal
concerning the imposition of a tax or fee on any United
States national in order to raise revenue for the
United Nations or any such agency.
(D) Exception.--This paragraph does not apply to--
(i) fees for publications or other kinds of
fees that are not tantamount to a tax on United
States citizens;
(ii) the World Intellectual Property
Organization; or
(iii) the staff assessment costs of the
United Nations and its specialized or
affiliated agencies.
(4) No standing army.--The United Nations has not, on or
after October 1, 1996, budgeted any funds for, nor taken any
official steps to develop, create, or establish any special
agreement under Article 43 of the United Nations Charter to
make available to the United Nations, on its call, the armed
forces of any member of the United Nations.
(5) No interest fees.--The United Nations has not, on or
after October 1, 1996, levied interest penalties against the
United States or any interest on arrearages on the annual
assessment of the United States, and neither the United Nations
nor its specialized agencies have, on or after October 1, 1996,
amended their financial regulations or taken any other action
that would permit interest penalties to be levied against the
United States or otherwise charge the United States any
interest on arrearages on its annual assessment.
(6) United states real property rights.--Neither the United
Nations nor any of its specialized or affiliated agencies has
exercised authority or control over any United States national
park, wildlife preserve, monument, or real property, nor has
the United Nations nor any of its specialized or affiliated
agencies implemented plans, regulations, programs, or
agreements that exercise control or authority over the private
real property of United States citizens located in the United
States without the approval of the property owner.
(7) Termination of borrowing authority.--
(A) Prohibition on authorization of external
borrowing.--On or after the date of enactment of this
Act, neither the United Nations nor any specialized
agency of the United Nations has amended its financial
regulations to permit external borrowing.
(B) Prohibition of united states payment of
interest costs.--The United States has not, on or after
October 1, 1984, paid its share of any interest costs
made known to or identified by the United States
Government for loans incurred, on or after October 1,
1984, by the United Nations or any specialized agency
of the United Nations through external borrowing.
(b) Amendments to the United Nations Reform Act of 1999.--The
United Nations Reform Act of 1999 (title IX of division A of H.R. 3427,
as enacted into law by section 1000(a)(7) of Public Law 106-113;
appendix G; 113 Stat. 1501A-475) is amended as follows:
(1) Section 912(c) is amended by striking ``section 911''
and inserting ``section 911(a)(3)''.
(2) Section 931(b) is amended by--
(A) striking paragraph (2); and
(B) redesignating paragraph (3) as paragraph (2).
(3) Section 941(a)(2) is amended--
(A) by striking ``also'';
(B) by striking ``in subsection (b)(4)'' both
places it appears; and
(C) by striking ``satisfied, if the other
conditions in subsection (b) are satisfied'' and
inserting ``satisfied''.
(4) Section 941(b)(3) is amended--
(A) in the paragraph heading by striking ``New
budget procedures'' and inserting ``Budget practices'';
(B) by striking ``has established and'';
(C) by striking ``procedures'' and inserting
``practices''; and
(D) in subparagraphs (A) and (B) by striking
``require'' both places it appears and inserting in
both places ``result in''.
(5) Section 941(b)(9) is amended--
(A) in the paragraph heading by striking ``New
budget procedures'' and inserting ``Budget practices'';
(B) by striking ``Each designated specialized
agency has established procedures to--'' and inserting
``The practices of each designated specialized agency--
''; and
(C) in subparagraphs (A), (B), and (C) by striking
``require'' each of the 3 places it appears such
subparagraphs and inserting in the 3 places ``result
in''.
(c) Amendment to United Nations Participation Act.--Section 6 of
the United Nations Participation Act of 1945 (22 U.S.C. 287d) is
amended to read as follows:
``SEC. 6. AGREEMENTS WITH SECURITY COUNCIL.
``(a) Any agreement described in subsection (b) that is concluded
by the President with the Security Council shall not be effective
unless approved by the Congress by appropriate Act or joint resolution.
``(b) An agreement referred to in subsection (a) is an agreement
providing for the numbers and types of United States Armed Forces,
their degree of readiness and general locations, or the nature of
facilities and assistance, including rights of passage, to be made
available to the Security Council for the purpose of maintaining
international peace and security in accordance with Article 43 of the
Charter of the United Nations.
``(c) Except as provided in section 7, nothing in this section may
be construed as an authorization to the President by the Congress to
make available United States Armed Forces, facilities, or assistance to
the Security Council.''.
(d) Amendment to Public Law 103-236.--Section 404(b)(2) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236; 22 U.S.C. 287e note) is amended--
(1) by striking ``for any fiscal year after fiscal year
1995'' and inserting ``for--
``(A) fiscal years 1996 through 2001, and any
fiscal year after fiscal year 2003''; and
(2) by striking ``operation.'' and inserting ``operation;
and
``(B) fiscal years 2002 and 2003 shall not be
available for the payment of the United States assessed
contribution for a United Nations peacekeeping
operation in an amount which is greater than 28.15
percent of the total of all assessed contributions for
that operation.''.
(e) Conforming Amendment to Public Law 92-544.--The last sentence
of the paragraph headed ``Contributions to International
Organizations'' in Public Law 92-544 (22 U.S.C. 287e note), is
amended--
(1) by striking ``Appropriations are authorized'' and
inserting ``Subject to section 404(b)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236, 22 U.S.C. 287e note), as amended, appropriations
are authorized''; and
(2) by striking ``(other than United Nations peacekeeping
operations) conducted'' and inserting ``conducted by or under
the auspices of the United Nations or''.
(f) Conforming Amendment to Public Law 105-277.--The undesignated
paragraph under the heading ``arrearage payments'' in title IV of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999 (as enacted into law by section
101(b) of division A of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999; 112 Stat. 2681-96) is amended by
striking ``member, and the share of the budget for each assessed United
Nations peacekeeping operation does not exceed 25 percent for any
single United Nations member.'' and inserting ``member.''.
(g) Conforming Amendment to Public Law 106-113.--The undesignated
paragraph under the heading ``arrearage payments'' in title IV of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2000 (as enacted into law by section
1000(a)(1) of division B of Public Law 106-113; appendix A; 113 Stat.
1501A-42) is amended--
(1) in the first proviso, by striking ``the share of the
total of all assessed contributions for any designated
specialized agency of the United Nations does not exceed 22
percent for any single member of the agency, and''; and
(2) by inserting immediately after the first proviso
``Provided further, That, none of the funds appropriated or
otherwise made available under this heading for payment of
arrearages may be obligated or expended with respect to a
designated specialized agency of the United Nations until such
time as the share of the total of all assessed contributions
for that designated specialized agency does not exceed 22
percent for any member of the agency:''.
(h) Effective Date.--This section and the amendments made by this
section shall take effect on the date of the enactment of this Act.
SEC. 602. TRAVEL BY ADVISORY COMMITTEE MEMBERS TO GREAT LAKES FISHERY
COMMISSION ANNUAL MEETING.
Section 4(c) of the Great Lakes Fishery Act of 1956 (70 Stat. 242;
16 U.S.C. 933(c)) is amended in the second sentence--
(1) by striking ``five'' and inserting ``ten''; and
(2) by striking ``each'' and inserting ``the annual''.
SEC. 603. UNITED STATES POLICY ON COMPOSITION OF THE UNITED NATIONS
HUMAN RIGHTS COMMISSION.
(a) Findings.--The Congress makes the following findings:
(1) The United Nations Human Rights Commission is an
important organ of the United Nations that plays a significant
role in monitoring international human rights developments and
can make an important contribution to advancing human rights
around the world.
(2) The membership of the Commission, however, continues to
include countries that are themselves human rights violators.
(3) Countries that are on the Commission have a special
duty to ensure that they are prepared to allow human rights
monitors into their own country to investigate allegations of
human rights violations.
(b) United States Policy on Membership of the Commission.--The
President, acting through the Secretary of State, the United States
Permanent Representative to the United Nations, and other appropriate
United States Government officials, shall use the voice and vote of the
United States at the United Nations to oppose membership on the United
Nations Commission on Human Rights for any country that does not
provide a standing invitation to allow the following persons to monitor
human rights in the territory of such country:
(1) Designated United Nations human rights investigators
and rapporteurs.
(2) Representatives from nongovernmental organizations that
focus on human rights.
SEC. 604. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL ORGANIZATION
FOR MIGRATION.
(a) Continuation of Membership.--The President is authorized to
continue membership for the United States in the International
Organization for Migration in accordance with the constitution of such
organization approved in Venice, Italy, on October 19, 1953, as amended
in Geneva, Switzerland, on November 24, 1998, upon entry into force of
such amendments.
(b) Authorization of Appropriations.--For the purpose of assisting
in the movement of refugees and migrants, there are authorized to be
appropriated such amounts as may be necessary from time to time for
payment by the United States of its contributions to the International
Organization for Migration and all necessary salaries and expenses
incidental to United States participation in such organization.
SEC. 605. REPORT RELATING TO COMMISSION ON SECURITY AND COOPERATION IN
EUROPE.
Section 5 of the Act entitled ``An Act to establish a Commission on
Security and Cooperation in Europe'' (Public Law 94-304; 22 U.S.C.
3005) is amended to read as follows:
``Sec. 5. In order to assist the Commission in carrying out its
duties, the Secretary of State shall submit to the Commission an annual
report discussing the overall United States policy objectives that are
advanced through meetings of decision-making bodies of the Organization
on Security and Cooperation in Europe (OSCE), the OSCE implementation
review process, and other activities of the OSCE. The report shall also
include a summary of specific United States policy objectives with
respect to participating states where there is a particular concern
relating to the implementation of Organization on Security and
Cooperation in Europe commitments or where an OSCE presence exists.
Such summary shall address the role played by Organization on Security
and Cooperation in Europe institutions, mechanisms, or field activities
in achieving United States policy objectives. Each annual report shall
cover the period January 1 through December 31, shall be submitted not
more than 90 days after the end of the reporting period, and shall be
posted on the website of the Department of State.''.
SEC. 606. REPORTS TO CONGRESS ON UNITED NATIONS ACTIVITIES.
(a) Amendments to United Nations Participation Act.--Section 4 of
the United Nations Participation Act (22 U.S.C. 287b) is amended--
(1) by striking subsections (b) and (c);
(2) by inserting after subsection (a) the following new
subsection:
``(b) Annual Report on Financial Contributions.--Not later than
July 1 of each year, the Secretary of State shall submit a report to
the designated congressional committees on the extent and disposition
of all financial contributions made by the United States during the
preceding year to international organizations in which the United
States participates as a member.'';
(3) in subsection (e)(5) by striking subparagraph (B) and
inserting the following:
``(B) Annual report.--The President shall submit an
annual report to the designated congressional
committees on all assistance provided by the United
States during the preceding calendar year to the United
Nations to support peacekeeping operations. Each such
report shall describe the assistance provided for each
such operation, listed by category of assistance.'';
and
(4) by redesignating subsections (d), (e), (f), and (g) as
subsections (c), (d), (e), and (f) respectively.
(b) Conforming Amendments.--
(1) Section 2 of Public Law 81-806 (22 U.S.C. 262a) is
amended by striking the last sentence.
(2) Section 409 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 287e note) is amended by
striking subsection (d).
TITLE VII--MISCELLANEOUS PROVISIONS
Subtitle A--General Provisions
SEC. 701. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF 2000.
(a) Reports on Proliferation to Iran.--Section 2 of the Iran
Nonproliferation Act of 2000 (Public Law 106-178; 114 Stat. 39; 50
U.S.C. 1701 note) is amended by inserting after subsection (d) the
following new subsection:
``(e) Content of Reports.--Each report under subsection (a) shall
contain, with respect to each foreign person identified in such report,
a brief description of the type and quantity of the goods, services, or
technology transferred by that person to Iran, the circumstances
surrounding the transfer, the usefulness of the transfer to Iranian
weapons programs, and the probable awareness or lack thereof of the
transfer on the part of the government with primary jurisdiction over
the person.''.
(b) Determination Exempting Foreign Persons From Certain Measures
Under the Act.--Section 5(a)(2) of such Act is amended by striking
``systems'' and inserting ``systems, or conventional weapons''.
SEC. 702. AMENDMENTS TO THE NORTH KOREA THREAT REDUCTION ACT OF 1999.
Section 822(a) of the North Korea Threat Reduction Act of 1999
(subtitle B of title VIII of division A of H.R. 3427, as enacted into
law by section 1000(a)(7) of Public Law 106-113; appendix G; 113 Stat.
1501A-472) is amended by striking ``such agreement,'' both places it
appears and inserting in both places ``such agreement (or that are
controlled under the Export Trigger List of the Nuclear Suppliers
Group),''.
SEC. 703. AMENDMENTS TO THE INTERNATIONAL RELIGIOUS FREEDOM ACT OF
1998.
(a) Repeal of Termination of Commission.--The International
Religious Freedom Act of 1998 (22 U.S.C. 6401 et seq.) is amended by
striking section 209.
(b) Authorizations of Appropriations.--Section 207(a) of such Act
(22 U.S.C. 6435(a)) is amended by inserting ``for each of the fiscal
years 2002 and 2003'' after ``$3,000,000''.
(c) Election of Chair of Commission.--Section 201(d) of such Act
(22 U.S.C. 6431(d)) is amended by striking ``in each calendar'' and
inserting ``after May 30 of each''.
(d) Procurement of Nongovernmental Services.--Section 208(c)(1) of
such Act (22 U.S.C. 6435a(c)(1)) is amended by striking ``authority
other than that allowed under this title'' and inserting ``authority,
in excess of $75,000 annually, except as otherwise provided in this
title''.
(e) Donation of Services.--Section 208(d)(1) of such Act (22 U.S.C.
6435a(d)(1)) is amended by striking ``services or'' both places it
appears.
(f) Establishment of Staggered Terms of Members of Commission.--
Section 201(c) of such Act (22 U.S.C. 6431(c)) is amended by adding
after paragraph (1) the following new paragraph:
``(2) Establishment of staggered terms.--Notwithstanding
paragraph (1), members of the Commission appointed to serve on
the Commission during the period May 15, 2003, through May 14,
2005, shall be appointed to terms in accordance with the
provisions of this paragraph. Of the 3 members of the
Commission appointed by the President under subsection
(b)(1)(B)(i), 2 shall be appointed to a one-year term and 1
shall be appointed to a two-year term. Of the 3 members of the
Commission appointed by the President pro tempore of the Senate
under subsection (b)(1)(B)(ii), 1 of the appointments made upon
the recommendation of the leader in the Senate of the political
party that is not the political party of the President shall be
appointed to a one-year term, and the other 2 appointments
under such clause shall be two-year terms. Of the 3 members of
the Commission appointed by the Speaker of the House of
Representatives under subsection (b)(1)(B)(iii), 1 of the
appointments made upon the recommendation of the leader in the
House of the political party that is not the political party of
the President shall be to a one-year term, and the other 2
appointments under such clause shall be two-year terms. The
term of each member of the Commission appointed to a one-year
term shall be considered to have begun on May 15, 2003, and
shall end on May 14, 2004, regardless of the date of the
appointment to the Commission. Each vacancy which occurs upon
the expiration of the term of a member appointed to a one-year
term shall be filled by the appointment of a successor to a
two-year term.''.
(g) Vacancies.--Section 201(g) of such Act (22 U.S.C. 6431(g)) is
amended by adding at the end the following: ``A member may serve after
the expiration of that member's term until a successor has taken
office. Any member appointed to fill a vacancy occurring before the
expiration of the term for which the member's predecessor was appointed
shall be appointed only for the remainder of that term. ''.
SEC. 704. CONTINUATION OF UNITED STATES ADVISORY COMMISSION ON PUBLIC
DIPLOMACY.
(a) Authority To Continue Commission.--Section 1334 of the Foreign
Affairs Reform and Restructuring Act of 1998 (as enacted in division G
of the Omnibus Consolidated and Emergency Supplemental Appropriations
Act, 1999: Public Law 105-277) is amended by striking ``October 1,
2001'' and inserting ``October 1, 2005''.
(b) Repeal.--Section 404(c) of the Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
(section 404(c) of division A of H.R. 3427, as enacted into law by
section 1000(a)(7) of Public Law 106-113; appendix G; 113 Stat. 1501A-
446) is amended by striking paragraph (2).
SEC. 705. PARTICIPATION OF SOUTH ASIA COUNTRIES IN INTERNATIONAL LAW
ENFORCMENT.
The Secretary of State shall ensure, where practicable, that
appropriate government officials from countries in the South Asia
region shall be eligible to attend courses at the International Law
Enforcement Academy located in Bangkok, Thailand, and Budapest,
Hungary, consistent with other provisions of law, with the goal of
enhancing regional cooperation in the fight against transnational
crime.
Subtitle B--Sense of Congress Provisions
SEC. 731. SENSE OF CONGRESS RELATING TO HIV/AIDS AND UNITED NATIONS
PEACEKEEPING OPERATIONS.
It is the sense of the Congress that the President should direct
the Secretary of State and the United States Representative to the
United Nations to urge the United Nations to adopt an HIV/AIDS
mitigation strategy as a component of United Nations peacekeeping
operations.
SEC. 732. SENSE OF CONGRESS RELATING TO HIV/AIDS TASK FORCE.
It is the sense of the Congress that the Secretary of State should
establish an international HIV/AIDS intervention, mitigation, and
coordination task force to coordinate activities on international HIV/
AIDS programs administered by agencies of the Federal Government and to
work with international public and private entities working to combat
the HIV/AIDS pandemic.
SEC. 733. SENSE OF CONGRESS CONDEMNING THE DESTRUCTION OF PRE-ISLAMIC
STATUES IN AFGHANISTAN BY THE TALIBAN REGIME.
(a) Findings.--The Congress makes the following findings:
(1) Many of the oldest and most significant Buddhist
statues in the world are in Afghanistan, which, at the time
that many of the statues were carved, was one of the most
cosmopolitan regions in the world and hosted merchants,
travelers, and artists from China, India, central Asia, and the
Roman Empire.
(2) Such statues are part of the common heritage of
mankind, which must be preserved for future generations.
(3) On February 26, 2001, the leader of the Taliban regime,
Mullah Mohammad Omar, ordered the destruction of all pre-
Islamic statues in Afghanistan, among them a pair of 1,600-
year-old, 100-foot-tall statues of Buddha that are carved out
of a mountainside.
(4) The religion of Islam and Buddhist statues have
coexisted in Afghanistan as part of the unique historical and
cultural heritage of that nation for more than 1,100 years.
(5) The destruction of the pre-Islamic statues contradicts
the basic tenet of the Islamic religion that other religions
should be tolerated.
(6) People of all faiths and nationalities have condemned
the destruction of the statues in Afghanistan, including Muslim
communities around the world.
(7) The destruction of the statues violates the United
Nations Convention Concerning the Protection of the World
Cultural and Natural Heritage, which was ratified by
Afghanistan on March 20, 1979.
(b) Sense of Congress.--The Congress--
(1) joins with people and governments around the world in
condemning the destruction of pre-Islamic statues in
Afghanistan by the Taliban regime;
(2) urges the Taliban regime to stop destroying such
statues; and
(3) calls upon the Taliban regime to grant international
organizations immediate access to Afghanistan to survey the
damage and facilitate international efforts to preserve and
safeguard the remaining statues.
SEC. 734. SENSE OF CONGRESS RELATING TO RESOLUTION OF THE TAIWAN STRAIT
ISSUE.
It is the sense of the Congress that Taiwan is a mature democracy
that fully respects human rights and it is the policy of the United
States that any resolution of the Taiwan Strait issue must be peaceful
and include the assent of the people of Taiwan.
SEC. 735. SENSE OF CONGRESS RELATING TO ARSENIC CONTAMINATION IN
DRINKING WATER IN BANGLADESH.
(a) Findings.--In the early 1970s, the United Nations Children's
Fund (UNICEF) and the Bangladeshi Department of Public Health
Engineering, in an attempt to bring clean drinking water to the people
of Bangladesh, installed tube wells to access shallow aquifers. This
was done to provide an alternative to contaminated surface water
sources. However, at the time the wells were installed, arsenic was not
recognized as a problem in water supplies and standard water testing
procedures did not include arsenic tests. Naturally occurring inorganic
arsenic contamination of water in those tube-wells was confirmed in
1993 in the Nawabganj district in Bangladesh. The health effects of
ingesting arsenic-contaminated drinking water appear slowly. This makes
preventative measures, including drawing arsenic out of the existing
tube well and finding alternate sources of water, critical to
preventing future contamination in large numbers of the Bangladeshi
population. Health effects of exposure to arsenic in both adults and
children include skin lesions, skin cancer, and mortality from internal
cancers.
(b) Sense of Congress.--The Secretary of State should work with
appropriate United States Government agencies, national laboratories,
universities in the United States, the Government of Bangladesh,
international financial institutions and organizations, and
international donors to identify a long term solution to the arsenic-
contaminated drinking water problem.
(c) Report to Congress.--The Secretary of State should report to
the Congress on proposals to bring about arsenic-free drinking water to
Bangladeshis and to facilitate treatment for those who have already
been affected by arsenic-contaminated drinking water in Bangladesh.
SEC. 736. SENSE OF CONGRESS RELATING TO DISPLAY OF THE AMERICAN FLAG AT
THE AMERICAN INSTITUTE IN TAIWAN.
It is the sense of the Congress that the chancery of the American
Institute in Taiwan and the residence of the director of the American
Institute in Taiwan should publicly display the flag of the United
States in the same manner as United States embassies, consulates, and
official residences throughout the world.
SEC. 737. SENSE OF CONGRESS REGARDING HUMAN RIGHTS VIOLATIONS IN WEST
PAPUA AND ACEH, INCLUDING THE MURDER OF JAFAR
SIDDIQ HAMZAH, AND ESCALATING VIOLENCE IN MALUKU
AND CENTRAL KALIMANTAN.
(a) Findings.--The Congress makes the following findings:
(1) Human rights violations by elements of the Indonesian
Government continue to worsen in West Papua (Irian Jaya) and
Aceh, while other areas including the Moluccas (Maluku) and
Central Kalimantan have experienced outbreaks of violence by
militia forces and other organized groups.
(2) Seven West Papuans were shot dead by Indonesian
security forces following a flag-raising ceremony in the town
of Merauke on December 2, 2000, and in a separate incident four
others were reportedly killed by Indonesian security forces
after a West Papuan flag was raised in Tiom on December 18,
2000.
(3) Indonesian police have attacked peaceful West Papuan
civilians, including students in their dormitories at
Cenderawasih University on December 6, 2000. This attack
resulted in the beating and arrests of some 100 students as
well as the deaths of three students, including one in police
custody in the capital city of Jayapura.
(4) To escape Indonesian security forces, hundreds of
peaceful West Papuans have sought safety in refugee camps
across the border in the neighboring state of Papua New Guinea
(PNG).
(5) The Indonesian armed forces have announced that they
are initiating ``limited military operations'' in Aceh, where
the Exxon-Mobil gas company has suspended operations due to
security concerns.
(6) On September 7, 2000, the body of Acehnese human rights
lawyer Jafar Siddiq Hamzah, who had been missing for a month,
was identified along with four other badly decomposed bodies,
whose faces were bashed in and whose hands and feet were bound
with barbed wire, in a forested area outside of Medan, in North
Sumatra.
(7) Hamzah, a permanent resident of the United States who
resided in Queens, New York, was last seen alive on August 5,
2000, in Medan, after which he failed to keep an appointment
and his family lost all contact with him.
(8) As the founder and director of the International Forum
on Aceh, which works for peace and human rights in Aceh, Hamzah
was an important voice of moderation and an internationally
known representative of his people who made irreplaceable
contributions to peace and respect for human rights in his
homeland.
(9) The Indonesian government has failed to release the
results of Jafar Siddiq Hamzah's autopsy report, and the
inaccessibility of the report has delayed the investigation
which could lead to bringing the murderers to justice.
(10) There is supporting documentation from the United
States Department of State and other reliable sources that
Indonesian military and police forces have committed widespread
acts of torture, rape, disappearance and extra-judicial
executions against West Papuan and Acehnese civilians.
(11) In Maluku, where Muslim and Christian peoples lived in
peace and respected with each other for decades, thousands have
been killed and tens of thousands displaced during outbreaks of
violence over the past three years.
(12) Militia forces known as the Laskar Jihad have arrived
from Java and other islands outside Maluku to inflame hatred
and perpetrate violence against Christians, and to create
religious intolerance among the people of Maluku, and the
Laskar Jihad has been openly encouraged by some Indonesian
leaders including Amien Rais, Chair of the People's
Consultative Assembly.
(13) Muslim and Christian leaders alike have called for the
arrest of militia leaders in Maluku and asking for
international assistance in ending this devastating conflict.
(14) The most recent instance of widespread violence in
Indonesia has broken out on the island of Kalimantan (Borneo),
in the province of Central Kalimantan, where indigenous Dayaks
brutally attacked migrant Madurese, killing hundreds and
causing thousands of others to flee.
(15) The people of the island of Madura who were resettled
in Kalimantan under the auspices of the Soeharto government's
transmigration program, which served to strengthen the
political control of the regime, have become scapegoats for
official government policy, while the Dayaks have suffered from
this policy and from official exploitation of the natural
resources of their homeland.
(b) Sense of Congress.--The Congress--
(1) expresses its deep concern over ongoing human rights
violations committed by Indonesian military and police forces
against civilians in West Papua and Aceh, as well as over
violence by militias and others in Maluku, Central Kalimantan,
and elsewhere in Indonesia;
(2) calls upon the United States Department of State to
publicly protest the reemergence of political imprisonment in
Indonesia and to take necessary steps to release, immediately
and unconditionally, all political prisoners, including Rev.
Obed Komba, Rev. Yudas Meage, Yafet Yelemaken, Murjono Murib
and Amelia Yigibalom of West Papua, and Muhammad Nazar of Aceh,
all adopted by Amnesty International as Prisoners of
Conscience, and student demonstrators Matius Rumbrapuk, Laon
Wenda, Jenderal Achmad Yani, Joseph Wenda and Hans Gobay of
West Papua;
(3) calls upon the Department of State to support and
encourage the Government of Indonesia to engage in peaceful
dialogue with respected West Papuan community leaders and other
members of West Papuan civil society, as prescribed by the 1999
Terms of Reference for the National Dialogue on Irian Jaya, and
to urge the Governor of West Papua to create an environment
conducive to the peaceful repatriation of West Papuan refugees
and ``illegal border crossers'' who now reside in Papua New
Guinea;
(4) calls upon the United States Government to press the
Government of Indonesia to permit access to West Papua and
Aceh, including the project areas of the United States-owned
Freeport mine and Exxon-Mobil facilities, by independent human
rights and environmental monitors, including the United Nations
special rapporteurs on torture and extra-judicial execution, as
well as by humanitarian nongovernmental organizations;
(5) calls upon the United States Government to press for
the withdrawal of nonorganic troops from West Papua and Aceh,
and an overall reduction of force numbers in those areas,
particularly along the PNG border;
(6) calls upon the Government of Indonesia to release the
autopsy report of Jafar Siddiq Hamzah immediately, to conduct a
thorough, open, and transparent investigation of the murder of
Hamzah and the four others with whom he was found, to offer
full access and support to independent investigators and
forensics experts brought in to examine these cases, and to
ensure that the perpetrators of these atrocities are brought to
justice through open and fair trials;
(7) condemns the recent atrocities in Central Kalimantan
the failure of Indonesian police and other security forces to
intervene to stop these atrocities, as well as the underlying
social and economic conditions caused by systematic
transmigration programs, imported labor, and inequitable and
destructive exploitation of local natural resources that have
worsened the poverty and discrimination which were contributing
factors in their commission;
(8) condemns comparable Indonesian Government policies in
Maluku and the failure of Indonesian police and other security
forces in and around Ambon to halt sectarian violence,
including the operations of the Laskar Jihad militia;
(9) calls upon the Government of Indonesia to take decisive
action to halt sectarian violence in Maluku and to arrest those
guilty of violence, including Laskar Jihad militia leaders and
armed forces officers guilty of complicity in their operations
against civilians, and to make significant progress towards
rehabilitation and reestablishment of local communities
displaced by the violence and rebuild the physical
infrastructure of the communities;
(10) calls upon the Department of State to support United
Nations and other international delegations and monitoring
efforts by international and nongovernmental agencies in West
Papua, Aceh, Maluku, Central Kalimantan, West Timor, and other
areas of Indonesia in order to deter further human rights
violations, and to encourage and support international and
nongovernmental agencies in efforts to help the people of
Indonesia rebuild and rehabilitate communities torn by
violence, particularly by assisting in the return of internally
displaced peoples and in efforts at reconciliation within and
among communities;
(11) calls upon the Department of State to ensure that all
appropriate information regarding current conditions in the
West Papua, Aceh, Maluku, Kalimantan, and elsewhere in
Indonesia is included in the Annual Country Reports on Human
Rights Practices and the Annual Report on International
Religious Freedom;
(12) calls upon the Government of Indonesia to devote
official attention, in an atmosphere of openness and
transparency and oversight, to investigations into the numerous
cases of disappearances, extrajudicial killings, and other
serious human rights violations in West Papua, Aceh, Maluku,
Central Kalimantan, elsewhere in Indonesia, and occupied East
Timor; and
(13) calls upon the United States Government to continue to
insist upon vigorous investigation into all such violations,
and upon trials according to international standards for
military and police officers, militia leaders, and others
accused of such violations.
SEC. 738. SENSE OF CONGRESS SUPPORTING PROPERLY CONDUCTED ELECTIONS IN
KOSOVA DURING 2001.
(a) Findings.--The Congress makes the following findings:
(1) Former Yugoslav President Slobodan Milosevic
perpetrated a brutal campaign of ethnic cleansing against the
ethnic Albanian population of Kosova, resulting in thousands of
deaths and rapes and the displacement of nearly 1 million
people.
(2) Prior to the disintegration of the former Yugoslavia,
Kosova was a separate political and legal entity with a
separate and distinct financial sector, police force,
government, education system, judiciary, and health care
system.
(3) During that time, the people of Kosova successfully
administered the province.
(4) During the Milosevic era, Kosovar citizens demonstrated
again their ability to govern themselves by creating parallel
governmental and social institutions.
(5) Local elections held in Kosova in 2000 were considered
free and fair by international observers.
(6) United Nations Security Council Resolution 1244
authorizes the United Nations Mission in Kosova to provide for
transitional administration while establishing and overseeing
the development of democratic and self-governing institutions,
including the holding of elections, to ensure conditions for a
peaceful and normal life for all inhabitants of Kosova.
(7) The United Nations Mission in Kosova and the
Organization for Security and Cooperation in Europe should
ensure that the conditions for properly conducted elections in
Kosova are in place prior to the election.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) the United Nations Mission in Kosova should hold
properly conducted elections throughout Kosova during the year
2001;
(2) the only way to maintain a true and lasting peace in
the region is through the creation of democratic Kosovar
institutions with real governing authority and responsibility,
and Kosova-wide jurisdiction;
(3) all persons, regardless of ethnicity, are encouraged to
participate in elections throughout Kosova; and
(4) the United States should work with the United Nations
Mission in Kosova and the Organization for Security and
Cooperation in Europe to ensure that the transition to Kosovar
self-government under the terms and conditions of United
Nations Security Council Resolution 1244 proceeds peacefully,
successfully, expeditiously, and in a spirit of ethnic
inclusiveness.
SEC. 739. SENSE OF CONGRESS RELATING TO POLICY REVIEW OF RELATIONS WITH
THE PEOPLE'S REPUBLIC OF CHINA.
It is the sense of Congress that--
(1) the President of the United States and his advisors
should be commended for their success and the diplomatic skill
with which they negotiated the safe return of the 24 American
crew members of the United States Navy reconnaissance aircraft
that made an emergency landing on the Chinese island of Hainan
on April 1, 2001; and
(2) the United States Government should conduct a policy
review of the nature of its relations with the Government of
the People's Republic of China in light of recent events.
SEC. 740. SENSE OF CONGRESS RELATING TO BROADCASTING IN THE MACEDONIAN
LANGUAGE BY RADIO FREE EUROPE.
It is the sense of the Congress that the Broadcasting Board of
Governors should initiate surrogate broadcasting by Radio Free Europe
in the Macedonian language to Macedonian-speaking areas of the Former
Yugoslav Republic of Macedonia.
SEC. 741. SENSE OF CONGRESS RELATING TO MAGEN DAVID ADOM SOCIETY.
(a) Findings.--Congress finds the following:
(1) It is the mission of the International Red Cross and
Red Crescent Movement to prevent and alleviate human suffering
wherever it may be found, without discrimination.
(2) The International Red Cross and Red Crescent Movement
is a worldwide institution in which all national Red Cross and
Red Crescent societies have equal status.
(3) The Magen David Adom Society is the national
humanitarian society in the state of Israel.
(4) The Magen David Adom Society follows all the principles
of the International Red Cross and Red Crescent Movement.
(5) Since the founding of the Magen David Adom Society in
1930, the American Red Cross has regarded it as a sister
national society and close working ties have been established
between the two societies.
(6) The Magen David Adom Society has used the Red Shield of
David as its humanitarian emblem since its founding in 1930 for
the same purposes that other national Red Cross and Red
Crescent societies use their respective emblems.
(7) Since 1949 Magen David Adom has been refused admission
into the International Red Cross and Red Crescent Movement and
has been relegated to observer status without a vote because it
has used the Red Shield of David.
(8) Magen David Adom is the only humanitarian organization
equivalent to a national Red Cross or Red Crescent society in a
sovereign nation that is denied membership into the
International Red Cross and Red Crescent Movement.
(9) The American Red Cross has consistently advocated
recognition and membership of the Magen David Adom Society in
the International Red Cross and Red Crescent Movement.
(10) The House of Representatives adopted H. Res. 464 on
May 3, 2000, and the Senate adopted S. Res. 343 on October 18,
2000, expressing the sense of the House of Representatives and
the sense of the Senate, respectively, that the International
Red Cross and Red Crescent Movement should recognize and admit
to full membership Israel's Magen David Adom Society with its
emblem, the Red Shield of David.
(11) The Secretary of State testified before the Committee
on the Budget of the Senate on March 14, 2001, and stated that
admission of Magen David Adom into the International Red Cross
movement is a priority.
(12) The United States provided $119,230,000 for the
International Committee of the Red Cross in fiscal year 2000.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the International Committee of the Red Cross should
immediately recognize the Magen David Adom Society;
(2) the Federation of Red Cross and Red Crescent Societies
should grant full membership to the Magen David Adom Society
immediately following recognition by the International
Committee of the Red Cross of the Magen David Adom Society as a
full member of the International Committee of the Red Cross;
(3) the Red Shield of David should be accorded the same
protections under international law as the Red Cross and the
Red Crescent; and
(4) the United States should continue to press for full
membership for the Magen David Adom in the International Red
Cross Movement.
SEC. 742. SENSE OF CONGRESS URGING THE RETURN OF PORTRAITS PAINTED BY
DINA BABBITT DURING HER INTERNMENT AT AUSCHWITZ
THAT ARE NOW IN THE POSSESSION OF THE AUSCHWITZ-
BIRKENAU STATE MUSEUM.
(a) Findings.--The Congress makes the following findings:
(1) Dina Babbitt (formerly known as Dinah Gottliebova), a
United States citizen now in her late 70's, has requested the
return of watercolor portraits she painted while suffering a
year-and-a-half-long internment at the Auschwitz death camp
during World War II.
(2) Dina Babbitt was ordered to paint the portraits by the
infamous war criminal Dr. Josef Mengele.
(3) Dina Babbitt's life, and her mother's life, were spared
only because she painted portraits of doomed inmates of
Auschwitz-Birkenau, under orders from Dr. Josef Mengele.
(4) These paintings are currently in the possession of the
Auschwitz-Birkenau State Museum.
(5) Dina Babbitt is unquestionably the rightful owner of
the artwork, since the paintings were produced by her own
talented hands as she endured the unspeakable conditions that
existed at the Auschwitz death camp.
(6) The artwork is not available for the public to view at
the Auschwitz-Birkenau State Museum and therefore this unique
and important body of work is essentially lost to history.
(7) This continued injustice can be righted through
cooperation between agencies of the United States and Poland.
(b) Sense of Congress.--The Congress--
(1) recognizes the moral right of Dina Babbitt to obtain
the artwork she created, and recognizes her courage in the face
of the evils perpetrated by the Nazi command of the Auschwitz-
Birkenau death camp, including the atrocities committed by Dr.
Josef Mengele;
(2) urges the President to make all efforts necessary to
retrieve the seven watercolor portraits Dina Babbitt painted,
while suffering a year-and-a-half-long internment at the
Auschwitz death camp, and return them to her;
(3) urges the Secretary of State to make immediate
diplomatic efforts to facilitate the transfer of the seven
original watercolors painted by Dina Babbitt from the
Auschwitz-Birkenau State Museum to Dina Babbitt, their rightful
owner;
(4) urges the Government of Poland to immediately
facilitate the return to Dina Babbitt of the artwork painted by
her that is now in the possession of the Auschwitz-Birkenau
State Museum; and
(5) urges the officials of the Auschwitz-Birkenau State
Museum to transfer the seven original paintings to Dina Babbitt
as expeditiously as possible.
SEC. 743. SENSE OF CONGRESS REGARDING VIETNAMESE REFUGEE FAMILIES.
It is the sense of the Congress that Vietnamese refugees who served
substantial sentences in re-education camps due to their wartime
associations with the United States and who, subsequently, were
resettled in the United States should be permitted to include their
unmarried sons and daughters as family members for purposes of such
resettlement.
SEC. 744. SENSE OF CONGRESS RELATING TO MEMBERSHIP OF THE UNITED STATES
IN UNESCO.
(a) Findings.--The Congress makes the following findings:
(1) The United Nations Educational, Scientific, and
Cultural Organization (UNESCO) was created in 1946 with the
support of the United States as an integral part of the United
Nations systems, designed to promote international cooperation
and exchanges in the fields of education, science, culture, and
communication with the larger purpose of constructing the
defense of peace against intolerance and incitement to war.
(2) In 1984, the United States withdrew from membership in
UNESCO over serious questions of internal management and
political polarization.
(3) Since the United States withdrew from the organization,
UNESCO addressed such criticisms by electing new leadership,
tightening financial controls, cutting budget and staff,
restoring recognition of intellectual property rights, and
supporting the principle of a free and independent
international press.
(4) In 1993, the General Accounting Office, after
conducting an extensive review of UNESCO's progress in
implementing changes, concluded that the organization's member
states, the Director General of UNESCO, managers and employee
associations demonstrated a commitment to management reform
through their actions.
(5) On September 28, 2000, former Secretary of State George
P. Schultz, who implemented the withdrawal of the United States
from UNESCO with a letter to the organization's Director
General in 1984, indicated his support for the United States
renewal of membership in UNESCO.
(6) The participation of the United States in UNESCO
programs offers a means for furthering the foreign policy
interests of the United States through the promotion of
cultural understanding and the spread of knowledge critical to
strengthening civil society.
(b) Sense of Congress.--It is the sense of the Congress that the
President should take all necessary steps to renew the membership and
participation of the United States in the United Nations Educational,
Scientific and Cultural Organization (UNESCO).
SEC. 745. SENSE OF CONGRESS RELATING TO GLOBAL WARMING.
(a) Findings.--The Congress makes the following findings:
(1) Global climate change poses a significant threat to
national security, the American economy, public health and
welfare, and the global environment.
(2) The Intergovernmental Panel on Climate Change (IPCC)
has found that most of the observed warming over the last fifty
years is attributable to human activities, including fossil
fuel-generated carbon dioxide emissions.
(3) The IPCC has stated that global average surface
temperatures have risen since 1861.
(4) The IPCC has stated that in the last forty years, the
global average sea level has risen, ocean heat content has
increased, and snow cover and ice extent have decreased which
threatens to inundate low-lying Pacific island nations and
coastal regions throughout the world.
(5) The Environmental Protection Agency predicts that
global warming will harm United States citizens by altering
crop yields, causing sea levels to rise, and increasing the
spread of tropical infectious diseases.
(6) Industrial nations are the largest producers today of
fossil fuel-generated carbon dioxide emissions.
(7) The United States has ratified the United Nations
Framework on Climate Change which states, in part, ``the
Parties to the Convention are to implement policies with the
aim of returning...to their 1990 levels anthropogenic emissions
of carbon dioxide and other greenhouse gases''.
(8) The United Nations Framework Convention on Climate
Change further states that ``developed country Parties should
take the lead in combating climate change and the adverse
effects thereof''.
(9) Action by the United States to reduce emissions, taken
in concert with other industrialized nations, will promote
action by developing countries to reduce their own emissions.
(10) A growing number of major American businesses are
expressing a need to know how governments worldwide will
respond to the threat of global warming.
(11) More efficient technologies and renewable energy
sources will mitigate global warming and will make the United
States economy more productive and create hundreds of thousands
of jobs.
(b) Sense of Congress.--It is the sense of the Congress that the
United States should demonstrate international leadership and
responsibility in mitigating the health, environmental, and economic
threats posed by global warming by--
(1) taking responsible action to ensure significant and
meaningful reductions in emissions of carbon dioxide and other
greenhouse gases from all sectors; and
(2) continuing to participate in international negotiations
with the objective of completing the rules and guidelines for
the Kyoto Protocol in a manner that is consistent with the
interests of the United States and that ensures the
environmental integrity of the protocol.
SEC. 746. SENSE OF CONGRESS REGARDING THE BAN ON SINN FEIN MINISTERS
FROM THE NORTH-SOUTH MINISTERIAL COUNCIL IN
NORTHERN IRELAND.
(a) Findings.--The Congress makes the following findings:
(1) The Good Friday Agreement established the North-South
Ministerial Council to bring together those with executive
responsibilities in Northern Ireland and the Republic of
Ireland to discuss matters of mutual interest on a cross-border
and all-island basis.
(2) The Ulster Unionist Party, Social Democratic and Labour
Party, Sinn Fein and the Democratic Unionist Party comprise the
Northern Ireland executive.
(3) First Minister David Trimble continues to ban Sinn Fein
Ministers Martin McGuiness and Bairbre de Brun from attending
North-South Ministerial Council meetings.
(4) On January 30, 2001, the Belfast High Court ruled First
Minister Trimble had acted illegally in preventing the Sinn
Fein Ministers from attending the North-South Ministerial
Council meetings.
(b) Sense of Congress.--The Congress calls upon First Minister
David Trimble to adhere to the terms of the Good Friday Agreement and
lift the ban on the participation of Sinn Fein Ministers on the North-
South Ministerial Council.
TITLE VIII--SECURITY ASSISTANCE
SEC. 801. SHORT TITLE.
This title may be cited as the ``Security Assistance Act of 2001''.
Subtitle A--Military and Related Assistance
CHAPTER 1--FOREIGN MILITARY SALES AND RELATED AUTHORITIES
SEC. 811. QUARTERLY REPORT ON PRICE AND AVAILABILITY ESTIMATES.
Chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.)
is amended by adding at the end the following:
``SEC. 28. QUARTERLY REPORT ON PRICE AND AVAILABILITY ESTIMATES.
``(a) Quarterly Report.--Not later than 15 days after the end of
each calendar quarter, the President shall transmit to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate a report that contains the
information described in subsection (b).
``(b) Information.--The information described in this subsection is
the following:
``(1)(A) Each price and availability estimate provided by
the United States Government during such calendar quarter to a
foreign country with respect to a possible sale under this Act
of major defense articles having a cost of $7,000,000 or more,
or of any other defense articles or services having a cost of
$25,000,000 or more.
``(B) The name of each foreign country to which an estimate
described in subparagraph (A) was provided, the defense
articles or services involved, the quantity of the articles or
services involved, and the price estimate.
``(2)(A) Each request received by the United States
Government from a foreign country during such calendar quarter
for the issuance of a letter of offer to sell defense articles
or defense services if the proposed sale does not include a
price and availability estimate (as described in paragraph
(1)(A)).
``(B) The name of each foreign country that makes a request
described in subparagraph (A), the date of the request, the
defense articles or services involved, the quantity of the
articles or services involved, and the price and availability
terms requested.''.
SEC. 812. OFFICIAL RECEPTION AND REPRESENTATION EXPENSES.
Section 43(c) of the Arms Export Control Act (22 U.S.C. 2792(c)) is
amended by striking ``$72,500'' and inserting ``$86,500''.
SEC. 813. TREATMENT OF TAIWAN RELATING TO TRANSFERS OF DEFENSE ARTICLES
AND SERVICES.
Notwithstanding any other provision of law, for purposes of the
transfer or potential transfer of defense articles or defense services
under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any other provision
of law, Taiwan shall be treated as the equivalent of a major non-NATO
ally.
SEC. 814. UNITED STATES POLICY WITH REGARD TO TAIWAN.
(a) Consultation With Congress.--Not later than 30 days prior to
consultations with Taiwan described in subsection (b), the President
shall consult, on a classified basis, with Congress regarding the
following matters with respect to the availability of defense articles
and services for Taiwan:
(1) The request by Taiwan to the United States for the
purchase of defense articles and defense services.
(2) The President's assessment of the legitimate defense
needs of Taiwan taking into account Taiwan's request described
in paragraph (1).
(3) The decisionmaking process used by the President to
consider such request.
(b) Consultation With Taiwan.--At least once every calendar year,
the President, or the President's designee, shall consult with
representatives of the armed forces of Taiwan, at not less than the
level of Vice Chief of the General Staff, concerning the nature and
quantity of defense articles and services to be made available to
Taiwan in accordance with section 3(b) of the Taiwan Relations Act (22
U.S.C. 3302(b)). Such consultations shall take place in Washington,
D.C.
CHAPTER 2--EXCESS DEFENSE ARTICLE AND DRAWDOWN AUTHORITIES
SEC. 821. EXCESS DEFENSE ARTICLES FOR CERTAIN EUROPEAN AND OTHER
COUNTRIES.
(a) Central and Southern European Countries.--Section 105 of Public
Law 104-164 (110 Stat. 1427) is amended by striking ``2000 and 2001''
and inserting ``2001, 2002, and 2003''.
(b) Certain Other Countries.--Notwithstanding section 516(e) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during each of the
fiscal years 2002 and 2003, funds available to the Department of
Defense may be expended for crating, packing, handling, and
transportation of excess defense articles transferred under the
authority of section 516 of such Act to Albania, Bulgaria, Croatia,
Estonia, the Former Yugoslavia Republic of Macedonia, Georgia,
Kyrgyzstan, Latvia, Lithuania, Mongolia, the Philippines, Slovakia, and
Uzbekistan.
(c) Content of Congressional Notification.--Each notification
required to be submitted under section 516(f) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(f)) with respect to a proposed transfer of
a defense article described in subsection (b) shall include an estimate
of the amount of funds to be expended under such subsection with
respect to that transfer.
SEC. 822. LEASES OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES AND
INTERNATIONAL ORGANIZATIONS.
Section 61(b) of the Arms Export Control Act (22 U.S.C. 2796(b)) is
amended--
(1) by striking ``(b) Each lease agreement'' and inserting
``(b)(1) Each lease agreement''; and
(2) by striking ``of not to exceed five years'' and
inserting ``which may not exceed (A) five years, and (B) a
specified period of time required to complete major
refurbishment work of the leased articles to be performed prior
to the delivery of the leased articles,''; and
(3) by adding at the end the following:
``(2) In this subsection, the term `major refurbishment work' means
work for which the period of performance is six months or more.''.
SEC. 823. PRIORITY WITH RESPECT TO TRANSFER OF EXCESS DEFENSE ARTICLES.
Section 516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(c)(2)) is amended by striking ``and to major non-NATO allies on
such southern and southeastern flank'' and inserting ``, to major non-
NATO allies on such southern and southeastern flank, and to the
Philippines''.
CHAPTER 3--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
SEC. 831. INTERNATIONAL COUNTERPROLIFERATION EDUCATION AND TRAINING.
Chapter 9 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2349bb et seq.) is amended--
(1) by redesignating sections 584 and 585 as sections 585
and 586, respectively; and
(2) by inserting after section 583 the following:
``SEC. 584. INTERNATIONAL COUNTER-PROLIFERATION EDUCATION AND TRAINING.
``(a) General Authority.--The President is authorized to furnish,
on such terms and conditions consistent with this chapter (but whenever
feasible on a reimbursable basis), education and training to foreign
governmental and military personnel for the purpose of enhancing the
nonproliferation and export control capabilities of such personnel
through their attendance in special courses of instruction in the
United States.
``(b) Administration of Courses.--The Secretary of State shall have
overall responsibility for the development and conduct of international
nonproliferation education and training programs, but may rely upon any
of the following agencies to recommend personnel for the education and
training, and to administer specific courses of instruction:
``(1) The Department of Defense (including national weapons
laboratories under contract with the Department).
``(2) The Department of Energy (including national weapons
laboratories under contract with the Department).
``(3) The Department of Commerce.
``(4) The intelligence community (as defined in section
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))).
``(5) The United States Customs Service.
``(6) The Federal Bureau of Investigation.
``(c) Purposes.--Education and training activities conducted under
this section shall be--
``(1) of a technical nature, emphasizing techniques for
detecting, deterring, monitoring, interdicting, and countering
proliferation;
``(2) designed to encourage effective and mutually
beneficial relations and increased understanding between the
United States and friendly countries; and
``(3) designed to improve the ability of friendly countries
to utilize their resources, including defense articles and
defense services obtained by them from the United States, with
maximum effectiveness, thereby contributing to greater self-
reliance by such countries.''.
SEC. 832. ANNUAL REPORT ON THE PROLIFERATION OF MISSILES AND ESSENTIAL
COMPONENTS OF NUCLEAR, BIOLOGICAL, AND CHEMICAL
WEAPONS.
(a) Report.--
(1) In general.--The President shall transmit to the
designated congressional committees an annual report on the
transfer by any country of weapons, technology, components, or
materials that can be used to deliver, manufacture (including
research and experimentation), or weaponize nuclear,
biological, or chemical weapons (hereinafter in this section
referred to as ``NBC weapons'') to any country other than a
country referred to in subsection (c) that is seeking to
possess or otherwise acquire such weapons, technology, or
materials, or other system that the Secretary of State or
Secretary of Defense has reason to believe could be used to
develop, acquire, or deliver NBC weapons.
(2) Deadline for initial report.--The first such report
shall be submitted not later than 90 days after the date of the
enactment of this Act and on April 1 of each year thereafter.
(b) Matters To Be Included.--Each such report shall include, but
not be limited to--
(1) the transfer of all aircraft, cruise missiles,
artillery weapons, unguided rockets and multiple rocket
systems, and related bombs, shells, warheads and other
weaponization technology and materials that the Secretary of
State or the Secretary of Defense has reason to believe may be
intended for the delivery of NBC weapons;
(2) international transfers of MTCR equipment or technology
to any country that is seeking to acquire such equipment or any
other system that the Secretary of State or the Secretary of
Defense has reason to believe may be used to deliver NBC
weapons; and
(3) the transfer of technology, test equipment, radioactive
materials, feedstocks and cultures, and all other specialized
materials that the Secretary of State or the Secretary of
Defense has reason to believe could be used to manufacture NBC
weapons.
(c) Content of Report.--Each such report shall include the
following with respect to preceding calendar year:
(1) The status of missile, aircraft, and other NBC weapons
delivery and weaponization programs in any such country,
including efforts by such country or by any subnational group
to acquire MTCR-controlled equipment, NBC-capable aircraft, or
any other weapon or major weapon component which may be
utilized in the delivery of NBC weapons, whose primary use is
the delivery of NBC weapons, or that the Secretary of State of
the Secretary of Defense has reason to believe could be used to
deliver NBC weapons.
(2) The status of NBC weapons development, acquisition,
manufacture, stockpiling, and deployment programs in any such
country, including efforts by such country or by any
subnational group to acquire essential test equipment,
manufacturing equipment and technology, weaponization equipment
and technology, and radioactive material, feedstocks or
components of feedstocks, and biological cultures and toxins.
(3) A description of assistance provided by any person or
government, after the date of the enactment of this Act, to any
such country or subnational group in the acquisition or
development of--
(A) NBC weapons;
(B) missile systems, as defined in the MTCR or that
the Secretary of State or the Secretary of Defense has
reason to believe may be used to deliver NBC weapons;
and
(C) aircraft and other delivery systems and weapons
that the Secretary of State or the Secretary of Defense
has reason to believe could be used to deliver NBC
weapons.
(4) A listing of those persons and countries which continue
to provide such equipment or technology described in paragraph
(3) to any country or subnational group as of the date of
submission of the report, including the extent to which foreign
persons and countries were found to have knowingly and
materially assisted such programs.
(5) A description of the use of, or substantial
preparations to use, the equipment of technology described in
paragraph (3) by any foreign country or subnational group.
(6) A description of the diplomatic measures that the
United States, and that other adherents to the MTCR and other
arrangements affecting the acquisition and delivery of NBC
weapons, have made with respect to activities and private
persons and governments suspected of violating the MTCR and
such other arrangements.
(7) An analysis of the effectiveness of the regulatory and
enforcement regimes of the United States and other countries
that adhere to the MTCR and other arrangements affecting the
acquisition and delivery of NBC weapons in controlling the
export of MTCR and other NBC weapons and delivery system
equipment or technology.
(8) A summary of advisory opinions issued under section
11B(b)(4) of the Export Administration Act of 1979 (50 U.S.C.
App. 2401b(b)(4)) and under section 73(d) of the Arms Export
Control Act (22 U.S.C. 2797b(d)).
(9) An explanation of United States policy regarding the
transfer of MTCR equipment or technology to foreign missile
programs, including programs involving launches of space
vehicles.
(10) A description of each transfer by any person or
government during the preceding 12-month period which is
subject to sanctions under the Iran-Iraq Arms Non-Proliferation
Act of 1992 (title XVI of Public Law 102-484).
(d) Exclusions.--The countries excluded under subsection (a) are
Australia, Belgium, Canada, the Czech Republic, Denmark, France,
Germany, Greece, Hungary, Iceland, Italy, Japan, Luxembourg, the
Netherlands, Norway, Poland, Portugal, Spain, Turkey, the United
Kingdom, and the United States.
(e) Classification of Report.--The Secretary of State shall make
every effort to submit all of the information required by this section
in unclassified form. Whenever the Secretary submits any such
information in classified form, the Secretary shall submit such
classified information in an addendum and shall also submit
concurrently a detailed summary, in unclassified form, of that
classified information.
(f) Definitions.--In this section:
(1) Designated congressional committees.--The term
``designated congressional committees'' means--
(A) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on International
Relations of the House of Representatives; and
(B) the Committees on Appropriations, the Committee
on Armed Services, and the Committee on Foreign
Relations of the Senate.
(2) Missile; mtcr; mtcr equipment or technology.--The terms
``missile'', ``MTCR'', and ``MTCR equipment or technology''
have the meanings given those terms in section 74 of the Arms
Export Control Act (22 U.S.C. 2797c).
(3) Person.--The term ``person'' means any United States or
foreign individual, partnership, corporation, or other form of
association, or any of its successor entities, parents, or
subsidiaries.
(4) Weaponize; weaponization.--The term ``weaponize'' or
``weaponization'' means to incorporate into, or the
incorporation into, usable ordnance or other militarily useful
means of delivery.
(g) Repeals.--
(1) In general.--The following provisions of law are
repealed:
(A) Section 1097 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (22
U.S.C. 2751 note).
(B) Section 308 of the Chemical and Biological
Weapons Control and Warfare Elimination Act of 1991 (22
U.S.C. 5606).
(C) Section 1607(a) of the Iran-Iraq Arms Non-
Proliferation Act of 1992 (Public Law 102-484).
(D) Paragraph (d) of section 585 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (as contained in section
101(c) of title I of division A of Public Law 104-208).
(2) Conforming amendments.--Section 585 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1997, is amended--
(A) in paragraph (b), by adding ``and'' at the end;
and
(B) in paragraph (c), by striking ``; and'' and
inserting a period.
SEC. 833. FIVE-YEAR INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION
STRATEGY.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall prepare and submit to the appropriate
congressional committees a five-year international arms control and
nonproliferation strategy. The strategy shall contain the following:
(1) A five-year plan for the reduction of existing nuclear,
chemical, and biological weapons and ballistic missiles and for
controlling the proliferation of these weapons.
(2) Identification of the goals and objectives of the
United States with respect to arms control and nonproliferation
of weapons of mass destruction and their delivery systems.
(3) A description of the programs, projects, and activities
of the Department of State intended to accomplish goals and
objectives described in paragraph (2).
Subtitle B--Strengthening the Munitions Licensing Process
SEC. 841. LICENSE OFFICER STAFFING.
(a) Funding.--Of the amounts authorized to be appropriated under
the appropriations account entitled ``Diplomatic and Consular
Programs'' for fiscal years 2002 and 2003, not less than $10,000,000
shall be made available each such fiscal year for the Office of Defense
Trade Controls of the Department of State for salaries and expenses.
(b) Assignment of License Review Officers.--Effective January 1,
2002, the Secretary of State shall assign to the Office of Defense
Trade Controls of the Department of State a sufficient number of
license review officers to ensure that the average weekly caseload for
each officer does not exceed 40.
(c) Detailees.--Given the priority placed on expedited license
reviews in recent years by the Department of Defense, the Secretary of
Defense should ensure that 10 military officers are continuously
detailed to the Office of Defense Trade Controls of the Department of
State on a nonreimbursable basis.
SEC. 842. FUNDING FOR DATABASE AUTOMATION.
Of the amounts authorized to be appropriated under the
appropriations account entitled ``Capital Investment Fund'' for fiscal
years 2002 and 2003, not less than $4,000,000 shall be made available
each such fiscal year for the Office of Defense Trade Controls of the
Department of State for the modernization of information management
systems.
SEC. 843. INFORMATION MANAGEMENT PRIORITIES.
(a) Objective.--The Secretary of State shall establish a secure,
Internet-based system for the filing and review of applications for
export of Munitions List items.
(b) Establishment of a Mainframe.--Of the amounts made available
pursuant to section 842, not less than $3,000,000 each such fiscal year
shall be made available to fully automate the Defense Trade Application
System, and to ensure that the system--
(1) is an electronic system for the filing and review of
Munitions List license applications;
(2) is secure, with modules available through the Internet;
and
(3) is capable of exchanging data with--
(A) the Foreign Disclosure and Technology
Information System and the USXPORTS systems of the
Department of Defense;
(B) the Export Control System of the Central
Intelligence Agency; and
(C) the Proliferation Information Network System of
the Department of Energy.
(c) Munitions List Defined.--In this section, the term ``Munitions
List'' means the United States Munitions List of defense articles and
defense services controlled under section 38 of the Arms Export Control
Act (22 U.S.C. 2778).
SEC. 844. IMPROVEMENTS TO THE AUTOMATED EXPORT SYSTEM.
(a) Mandatory Filing.--The Secretary of Commerce, with the
concurrence of the Secretary of State and the Secretary of the
Treasury, shall publish regulations in the Federal Register to require,
upon the effective date of those regulations, the mandatory filing
through the Automated Export System for the remainder of exports that
were not covered by regulations issued pursuant to section 1252(b) of
the Security Assistance Act of 1999 (113 Stat. 1501A-506), as enacted
into law by section 1000(a)(7) of Public Law 106-113.
(b) Requirement for Information Sharing.--The Secretary of State
shall conclude an information sharing arrangement with the heads of
United States Customs Service and the Census Bureau to adjust the
Automated Export System to parallel information currently collected by
the Department of State.
(c) Secretary of Treasury Functions.--Section 303 of title 13,
United States Code, is amended by striking ``, other than by mail,''.
(d) Filing Export Information, Delayed Filings, Penalties for
Failure to File.--Section 304 of title 13, United States Code, is
amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``the penal
sum of $1,000'' and inserting ``a penal sum of
$10,000''; and
(B) in the third sentence, by striking ``a penalty
not to exceed $100 for each day's delinquency beyond
the prescribed period, but not more than $1,000, shall
be exacted'' and inserting ``the Secretary of Commerce
(and officers and employees of the Department of
Commerce designated by the Secretary) may impose a
civil penalty not to exceed $1,000 for each day's
delinquency beyond the prescribed period, but not more
than $10,000 per violation'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Any person, other that a person described in subsection
(a), required to submit export information, shall file such information
in accordance with any rule, regulation, or order issued pursuant to
this chapter. In the event any such information or reports are not
filed within such prescribed period, the Secretary of Commerce (and
officers and employees of the Department of Commerce designated by the
Secretary) may impose a civil penalty not to exceed $1,000 for each
day's delinquency beyond the prescribed period, but not more than
$10,000 per violation.''.
(e) Additional Penalties.--
(1) In general.--Section 305 of title 13, United States
Code, is amended to read as follows:
``Sec. 305. Penalties for unlawful export information activities
``(a) Criminal Penalties.--(1) Any person who knowingly fails to
file or knowingly submits false or misleading export information
through the Shippers Export Declaration (SED) (or any successor
document) or the Automated Export System (AES) shall be subject to a
fine not to exceed $10,000 per violation or imprisonment for not more
than 5 years, or both.
``(2) Any person who knowingly reports any information on or uses
the SED or the AES to further any illegal activity shall be subject to
a fine not to exceed $10,000 per violation or imprisonment for not more
than 5 years, or both.
``(3) Any person who is convicted under this subsection shall, in
addition to any other penalty, forfeit to the United States--
``(A) any of that person's interest in, security of, claim
against, or property or contractual rights of any kind in the
goods or tangible items that were the subject of the violation;
``(B) any of that person's interest in, security of, claim
against, or property or contractual rights of any kind in
tangible property that was used in the export or attempt to
export that was the subject of the violation; and
``(C) any of that person's property constituting, or
derived from, any proceeds obtained directly or indirectly as a
result of the violation.
``(b) Civil Penalties.--The Secretary (and officers and employees
of the Department of Commerce specifically designated by the Secretary)
may impose a civil penalty not to exceed $10,000 per violation on any
person violating the provisions of this chapter or any rule,
regulation, or order issued thereunder, except as provided in section
304. Such penalty may be in addition to any other penalty imposed by
law.
``(c) Civil Penalty Procedure.--(1) When a civil penalty is sought
for a violation of this section or of section 304, the charged party is
entitled to receive a formal complaint specifying the charges and, at
his or her request, to contest the charges in a hearing before an
administrative law judge. Any such hearing shall be conducted in
accordance with sections 556 and 557 of title 5, United States Code.
``(2) If any person fails to pay a civil penalty imposed under this
chapter, the Secretary may ask the Attorney General to commence a civil
action in an appropriate district court of the United States to recover
the amount imposed (plus interest at currently prevailing rates from
the date of the final order). No such action may be commenced more than
5 years after the order imposing the civil penalty becomes final. In
such action, the validity, amount, and appropriateness of such penalty
shall not be subject to review.
``(3) The Secretary may remit or mitigate any penalties imposed
under paragraph (1) if, in his or her opinion--
``(A) the penalties were incurred without willful
negligence or fraud; or
``(B) other circumstances exist that justify a remission or
mitigation.
``(4) If, pursuant to section 306, the Secretary delegates
functions under this section to another agency, the provisions of law
of that agency relating to penalty assessment, remission or mitigation
of such penalties, collection of such penalties, and limitations of
actions and compromise of claims, shall apply.
``(5) Any amount paid in satisfaction of a civil penalty imposed
under this section or section 304 shall be deposited into the general
fund of the Treasury and credited as miscellaneous receipts.
``(d) Enforcement.--(1) The Secretary of Commerce may designate
officers or employees of the Office of Export Enforcement to conduct
investigations pursuant to this chapter. In conducting such
investigations, those officers or employees may, to the extent
necessary or appropriate to the enforcement of this chapter, exercise
such authorities as are conferred upon them by other laws of the United
States, subject to policies and procedures approved by the Attorney
General.
``(2) The Commissioner of Customs may designate officers or
employees of the Customs Service to enforce the provisions of this
chapter, or to conduct investigations pursuant to this chapter.
``(e) Regulations.--The Secretary of Commerce shall promulgate
regulations for the implementation and enforcement of this section.
``(f) Exemption.--The criminal fines provided for in this section
are exempt from the provisions of section 3571 of title 18, United
States Code.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 9 of title 13, United States Code, is
amended by striking the item relating to section 305 and
inserting the following:
``305. Penalties for unlawful export information activities.''.
SEC. 845. CONGRESSIONAL NOTIFICATION OF REMOVAL OF ITEMS FROM THE
MUNITIONS LIST.
Section 38(f)(1) of the Arms Export Control Act (22 U.S.C.
2778(f)(1)) is amended by striking the third sentence and inserting the
following: ``The President may not remove any item from the Munitions
List until 30 days after the date on which the President has provided
notice of the proposed removal to the Committee on International
Relations of the House of Representatives and to the Committee on
Foreign Relations of the Senate in accordance with the procedures
applicable to reprogramming notifications under section 634A(a) of the
Foreign Assistance Act of 1961. Such notice shall describe the nature
of any controls to be imposed on that item under any other provision of
law.''.
SEC. 846. CONGRESSIONAL NOTIFICATION THRESHOLDS FOR ALLIED COUNTRIES.
The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended--
(1) in paragraphs (1) and (3)(A) of section 3(d), by adding
after ``at $50,000,000 or more'' each place it appears the
following: ``(or, in the case of a transfer to a country which
is a member country of the North Atlantic Treaty Organization
(NATO) or Australia, Japan, or New Zealand, any major defense
equipment valued (in terms of its original acquisition cost) at
$25,000,000 or more, or of defense articles or defense services
valued (in terms of its original acquisition cost) at
$100,000,000 or more)'';
(2) in section 36(b)(1), by adding after ``for $14,000,000
or more'' the following: ``(or, in the case of a letter of
offer to sell to a country which is a member country of the
North Atlantic Treaty Organization (NATO) or Australia, Japan,
or New Zealand, any major defense equipment under this Act for
$25,000,000 or more, any defense articles or services for
$100,000,000 or more, or any design and construction services
for $300,000,000 or more)'';
(3) in section 36(b)(5)(C), by adding after ``or
$200,000,000 or more in the case of design or construction
services'' the following: ``(or, in the case of a letter of
offer to sell to a country which is a member country of the
North Atlantic Treaty Organization (NATO) or Australia, Japan,
or New Zealand, any major defense equipment for $25,000,000 or
more, any defense articles or services for $100,000,000 or
more, or any design and construction services for $300,000,000
or more)'';
(4) in section 36(c)(1), by adding after ``$50,000,000 or
more'' the following: ``(or, in the case of an application by a
person (other than with regard to a sale under section 21 or
section 22 of this Act) for a license for the export to a
country which is a member country of the North Atlantic Treaty
Organization (NATO) or Australia, Japan, or New Zealand, of any
major defense equipment sold under a contract in the amount of
$25,000,000 or more or of defense articles or defense services
sold under a contract in the amount of $100,000,000 or more)'';
and
(5) in section 63(a), by adding after ``$50,000,000 or
more'' the following: ``(or, in the case of such an agreement
with a country which is a member country of the North Atlantic
Treaty Organization (NATO) or Australia, Japan, or New Zealand,
(i) major defense equipment valued (in terms of its replacement
cost less any depreciation in its value) at $25,000,000 or
more, or (ii) defense articles valued (in terms of their
replacement cost less any depreciation in their value) at
$100,000,000 or more)''.
Subtitle C--Authority to Transfer Naval Vessels
SEC. 851. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Authority To Transfer.--
(1) Brazil.--The President is authorized to transfer to the
Government of Brazil the ``Newport'' class tank landing ship
Peoria (LST 1183). Such transfer shall be on a sale basis under
section 21 of the Arms Export Control Act (22 U.S.C. 2761).
(2) Poland.--The President is authorized to transfer to the
Government of Poland the ``Oliver Hazard Perry'' class guided
missile frigate Wadsworth (FFG 9). Such transfer shall be on a
grant basis under section 516 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j).
(3) Taiwan.--The President is authorized to transfer to the
Taipai Economic and Cultural Representative Office in the
United States (which is the Taiwan instrumentality designated
pursuant to section 10(a) of the Taiwan Relations Act) the
``Kidd'' class guided missile destroyers Kidd (DDG 993),
Callaghan (DDG 994), Scott (DDG 995), and Chandler (DDG 996).
Such transfers shall be on a sales basis under section 21 of
the Arms Export Control Act (22 U.S.C. 2761).
(4) Turkey.--The President is authorized to transfer to the
``Oliver Hazard Perry'' class guided missile frigates Estocin
(FFG 15) and Samuel Eliot Morrison (FFG 13). Each such transfer
shall be on a sale basis under section 21 of the Arms Export
Control Act (22 U.S.C. 2761). The President is further
authorized to transfer to the Government of Turkey the ``Knox''
class frigates Capadanno (FF 1093), Thomas C. Hart (FF 1092),
Donald B. Beary (FF 1085), McCandless (FF 1084), Reasoner (FF
1063), and Bowen (FF 1079). The transfer of these 6 ``Knox''
class frigates shall be on a grant basis under section 516 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(b) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to another country
on a grant basis under section 516 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j) pursuant to authority provided by subsection (a)
shall not be counted for the purposes of subsection (g) of that section
in the aggregate value of excess defense articles transferred to
countries under that section in any fiscal year.
(c) Costs of Transfers.--Notwithstanding section 516(e)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(1)), any expense
incurred by the United States in connection with a transfer authorized
to be made on a grant basis under subsection (a) shall be charged to
the recipient.
(d) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under this section, that the country to
which the vessel is transferred have such repair or refurbishment of
the vessel as is needed, before the vessel joins the naval forces of
that country, performed at a United States Navy shipyard or other
shipyard located in the United States.
(e) Expiration of Authority.--The authority provided under
subsection (a) shall expire at the end of the 2-year period beginning
on the date of the enactment of this Act.
Subtitle D--Miscellaneous Provisions
SEC. 861. ANNUAL FOREIGN MILITARY TRAINING REPORTS.
Section 656(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2416) is amended--
(1) by striking ``Not later than January 31 of each year,''
and inserting ``Upon written request by the chairman or ranking
member of the Committee on International Relations of the House
of Representatives or the Committee on Foreign Relations of the
Senate,''; and
(2) by inserting ``of a country specified in the request''
after ``personnel''.
SEC. 862. REPORT RELATING TO INTERNATIONAL ARMS SALES CODE OF CONDUCT.
Section 1262(c) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (as
enacted by section 1000(a)(7) of Public Law 106-113; 113 Stat 1501A-
508) is amended--
(1) in paragraph (1)--
(A) by striking ``commencement of the negotiations
under subsection (a),'' and inserting ``date of the
enactment of the Foreign Relations Authorization Act,
Fiscal Years 2002 and 2003,''; and
(B) by striking ``during these negotiations.'' and
inserting ``to begin negotiations and any progress made
to conclude an agreement during negotiations.''; and
(2) in paragraph (2), by striking ``subsection (a)'' and
inserting ``subsection (b)''.
Hearings
The Committee's Subcommittee on International Operations
and Human Rights held two hearings on issues related to the
State Department Authorization bill for FY 02 and 03. The first
hearing, entitled ``International Broadcasting: Its Mission,
Budget and Future,'' was held on February 28, 2001. Testimony
was received from the Chairman of the Broadcasting Board of
Governors, Marc B. Nathanson. On March 7, 2001, the
Subcommittee held a hearing on the State Department's Country
Reports on Human Rights Practices, and Structures for Promoting
Human Rights in U.S. Foreign Policy. Testimony was received
from Mr. Carlos Salinas, Acting Director for Government
Relations, Amnesty International; Ms. Elisa Massimino,
Washington Director, Lawyers Committee for Human Rights; Mr.
Paul Marshall, Senior Fellow, Center for Religious Freedom,
Freedom House; Mr. William D. Hartung, President's Fellow,
World Policy Institute; Mr. Steven Rickard, Director, Robert F.
Kennedy Memorial Center for Human Rights; and Ms. Catherine del
Pino, Deputy Director, Center for Northeast Asian Policy
Studies of The Brookings Institution.
The Committee on International Relations held three
hearings related to the State Department Authorization Bill.
The first, entitled, ``State Department: In the Lead on Foreign
Policy?'' was held on February 14, 2001. Testimony was received
from: Rep. Harold Rogers, former Chairman, Subcommittee on
Commerce, Justice, State, and the Judiciary; Hon. Frank
Carlucci, Chairman, Report of an Independent Task Force:
``State Department Reform''; and Mr. Lewis B. Kaden, Chairman,
Overseas Presence Advisory Panel. On March 1, 2001, the
Committee held a hearing entitled, ``Conducting Diplomacy in a
Global Age,'' and heard testimony from: Hon. Marc Grossman,
Director General of the Foreign Service, and Director of Human
Resources; Mr. Marshall Adair, President, American Foreign
Service Association; and Mr. Gary R. Galloway, Vice President,
American Federal Government Employees. Secretary of State Colin
L. Powell testified before the Committee on March 7, 2001, at a
hearing entitled, ``Reinvigorating U.S. Foreign Policy.''
Committee Consideration
On May 2, 2001, the International Relations Committee
marked up the bill, pursuant to notice, in open session. The
Committee agreed to a motion offered by Chairman Hyde to
favorably report the bill to the House of Representatives, by a
voice vote, a quorum being present.
Votes of the Committee
Clause (3)(b) of rule XIII of the Rules of the House of
Representatives requires that the results of each record vote
on an amendment or motion to report, together with the names of
those voting for or against, be printed in the Committee
report.
1. Ms. Lee offered an amendment adding a subtitle on
``Global Democracy Promotion Act of 2001.'' The amendment was
agreed to by a rollcall vote of 26 ayes to 22 noes.
Voting yes: Gilman, Leach, Houghton, Lantos, Berman,
Ackerman, Faleomavaega, Payne, Menendez, Brown, McKinney,
Hastings, Hilliard, Sherman, Wexler, Davis (FL), Engel,
Delahunt, Meeks, Lee, Crowley, Hoeffel, Blumenauer, Berkley,
Napolitano, and Schiff.
Voting no: Bereuter, Smith (NJ), Burton, Gallegly, Ros-
Lehtinen, Ballenger, Rohrabacher, Royce, King, Chabot, Burr,
Cooksey, Tancredo, Paul, Smith(MI), Pitts, Issa, Cantor, Flake,
Kerns, Davis (VA) and Hyde.
2. Mr. Flake offered an en bloc amendment which would
delete funding for the North-South Center and the Asia
Foundation. The amendment was defeated by a rollcall vote of 6
ayes to 30 noes.
Voting yes: Chabot, Tancredo, Paul, Cantor, Flake, and
Kerns
Voting no: Gilman, Leach, Smith (NJ), Burton, Ros-Lehtinen,
Houghton, Pitts, Issa, Davis (VA), Lantos, Berman, Ackerman,
Faleomavaega, Menendez, McKinney, Hastings, Hilliard, Wexler,
Davis (FL), Engel, Delahunt, Meeks, Lee, Crowley, Hoeffel,
Blumenauer, Berkley, Napolitano, Schiff, and Hyde.
3. Mr. Leach offered an en bloc amendment calling for a
renewal of U.S. participation in the United Nations
Educational, Scientific and Cultural Organization (UNESCO). The
amendment was agreed to by a rollcall vote of 23 ayes to 14
noes.
Voting yes: Leach, Houghton, Lantos, Berman, Ackerman,
Faleomavaega, Payne, Menendez, McKinney, Hastings, Hilliard,
Sherman, Wexler, Engel, Delahunt, Meeks, Lee, Crowley, Hoeffel,
Blumenauer, Berkley, Napolitano, and Schiff.
Voting no: Gilman, Smith (NJ), Ros-Lehtinen, King, Chabot,
Tancredo, Paul, Pitts, Issa, Cantor, Flake, Kerns, Davis (VA),
and Hyde.
4. Mr. Menendez offered an amendment regarding global
warming and the Kyoto Protocol. The amendment was agreed to by
a rollcall vote of 23 ayes to 20 noes.
Voting yes: Smith (NJ), Lantos, Berman, Ackerman,
Faleomavaega, Payne, Menendez, Brown, McKinney, Hilliard,
Sherman, Wexler, Davis (FL), Engel, Delahunt, Meeks, Lee,
Crowley, Hoeffel, Blumenauer, Berkley, Napolitano, and Schiff.
Voting no: Gilman, Burton, Gallegly, Ros-Lehtinen,
Ballenger, Rohrabacher, Royce, King, Chabot, McHugh, Cooksey,
Tancredo, Paul, Pitts, Issa, Cantor, Flake, Kerns, Davis (VA),
and Hyde.
Background and Need for the Legislation
H.R. 1646 the Foreign Relations Authorization Act,
represents a bipartisan measure to authorize appropriations for
fiscal years 2002 and 2003 for the Department of State and for
the Broadcasting Board of Governors which is responsible for
non-military U.S. international broadcasting.
It authorizes to be appropriated $8.3 billion in fiscal
year 2002 and such sums as may be necessary for fiscal year
2003 for the operations of the State Department, and $584
million in fiscal year 2002 and such sums as may be necessary
for 2003 for the Broadcasting Board of Governors.
The President has requested and the Committee is
recommending a substantial increase in the amounts authorized
for the State Department's operating accounts, particularly
with respect to embassy security, personnel, and improvements
in its computer platform. The Committee received ample
testimony that, for example, additional personnel to create a
training pool is necessary to promote a more stable assignment
process, and that the exercise of diplomatic power in the 21st
century requires a rapid and robust modernization of the
Department's computer platform. The Committee's recommendations
and the modest improvement in the quality of life for the
nation's diplomats contained in this bill are a down payment
towards a more efficient and modern Department of State that is
able to project U.S. diplomatic power around the globe.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House Rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the resolution, H.R. 1646, the following estimate
and comparison prepared by the Director of the Congressional
Budget Office under section 402 of the Congressional Budget Act
of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 4, 2001.
Hon. Henry J. Hyde, Chairman,
Committee on International Relations,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1646, the Foreign
Relations Authorization Act, Fiscal Years 2002 and 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte, who can be reached at 226-2840.
Sincerely,
Dan L. Crippen, Director.
Enclosure
cc:
Honorable Tom Lantos
Ranking Democratic Member
H.R. 1646--Foreign Relations Authorization Act, Fiscal Years 2002 and
2003.
SUMMARY
The bill would authorize appropriations for the Department
of State and related agencies for 2002 and 2003. CBO estimates
that appropriation of the authorized amounts would result in
additional discretionary spending of $16.2 billion over the
2002-2006 period. The legislation also would increase direct
spending by $582 million in 2001 and by $244 million over the
2002-2006 period, and would result in receipts from asset sales
totaling an estimated $100 million. CBO estimates that H.R.
1646 would increase governmental receipts (revenues) by an
insignificant amount each year by increasing the amount of
existing civil penalties and creating new criminal penalties
related to export controls. Because the bill would affect
direct spending and revenues, pay-as-you-go procedures would
apply.
H.R. 1646 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would not affect
the budgets of state, local, or tribal governments. The bill
would impose a private-sector mandate, but CBO estimates that
the direct cost of the mandate would fall well below the annual
threshold established by UMRA ($113 million in 2001, adjusted
annually for inflation).
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 1646 is shown in the
following table. CBO assumes that the authorized amounts would
be appropriated by the start of each fiscal year and that
outlays would follow historical spending patterns. The costs of
this legislation fall within budget functions 050 (national
defense), 150 (international affairs), 300 (natural resources
and environment), and 750 (administration of justice).
By fiscal year, in millions of dollars
----------------------------------------------------------------------------------------------------------------
2001 2002 2003 2004 2005 2006
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law 7,915 0 0 0 0 0
Budget Authority\1\
Estimated Outlays 7,225 1,745 999 620 285 122
Proposed Changes 0 8,251 8,299 1 1 1
Authorization Level\2\
Estimated Outlays 0 6,321 7,456 1,555 631 228
Spending Under H.R. 1646 7,915 8,251 8,299 1 1 1
Authorization Level1,2
Estimated Outlays 7,225 8,066 8,455 2,175 916 350
CHANGES IN DIRECT SPENDING
Estimated Budget Authority * * * * * *
Estimated Outlays 582 244 * * * *
ASSET SALES
Estimated Budget Authority 0 -18 -82 0 0 0
Estimated Outlays 0 -18 -82 0 0 0
CHANGES IN REVENUES
Estimated Revenues * * * * * *
----------------------------------------------------------------------------------------------------------------
NOTE: * = Less than $500,000.
\1\The 2001 level is the amount appropriated for that year.
\2\The amounts shown reflect anticipated inflation; without adjustments for inflation, the total would be
roughly $180 million lower.
BASIS OF ESTIMATE
Spending Subject to Appropriation
CBO estimates that implementing H.R. 1646 would cost $16.2
billion over the 2002-2006 period, assuming appropriation of
the authorized amounts. The bill would authorize appropriations
of $8.2 billion for fiscal year 2002. For 2003, it would
specify authorizations totaling $954 million and would
authorize such sums as may be necessary for a number of
programs and activities. Assuming that the latter are funded at
the 2002 level adjusted for inflation, CBO estimates that the
2003 authorizations would total $8.3 billion. (If the
indefinite authorizations for 2003 were assumed to be funded at
the 2002 level, the 2003 authorizations would total $8.1
billion.) In addition, the bill contains other provisions with
potential budgetary impacts.
Indefinite Authorizations for Currency Fluctuations.
Section 104(c) would authorize such sums as may be necessary in
2002 and 2003 to compensate for adverse fluctuations in
exchange rates that might affect contributions to international
organizations. Any funds appropriated for this purpose would be
obligated and expended subject to certification by the Office
of Management and Budget. Currency fluctuations are extremely
difficult to estimate in advance, and they could result in
spending either higher or lower than the amounts specifically
authorized in the bill for contributions to international
organizations and programs. Therefore, this estimate includes
no costs associated with currency fluctuations.
Miscellaneous Provisions. Section 821 would authorize the
use of Department of Defense (DoD) funds to pack and transport
excess defense articles to certain East European and Central
Asian countries in 2002 and 2003. This authority has been used
infrequently in the past. Based on information provided by the
Department of Defense, CBO estimates that enacting the
provision could add $1 million to defense spending in each of
the fiscal years 2002 and 2003, assuming the appropriation of
the necessary funds.
The bill includes several provisions that would expand or
introduce new reporting requirements. Combined, these
provisions would raise spending subject to appropriation by
about $1 million annually, but each provision would probably
cost less than $500,000 a year.
Direct Spending, Asset Sales, and Revenues
CBO estimates that the bill would increase direct spending
by $582 million in 2001 and $244 million in 2002, result in
receipts from asset sales totaling $100 million, and increase
revenues by less than $500,000 annually.
Payment of United Nations Arrears. Section 601 would amend
current law to permit the release of arrearage payments to the
United Nations. CBO estimates that under the bill, the State
Department would release $582 million in 2001 and $244 million
in 2002 that cannot be released under current law. In 1999,
Public Law 105-277 appropriated $475 million for arrearage
payments. An additional $351 million was provided in 2000 in
Public Law 106-113. Under current law, however, those funds
cannot be disbursed until certain conditions have been met. One
of those conditions--which has not been met and cannot be
waived--is that the United Nations lower the United States'
assessment rate for peacekeeping activities from 31 percent to
25 percent. The bill would drop this requirement and would also
ease other conditions attached to the funds appropriated in
2000. These changes would permit disbursement of the $826
million that has already been appropriated. Because this
provision would affect outlays from funds already appropriated
and would not depend on future appropriation action, the
additional outlays are considered direct spending for
scorekeeping purposes.
Fees for Machine Readable Visas. The bill would extend,
through 2003, the Secretary of State's authority to charge a
fee for machine readable visas and to spend the collections on
consular activities. Authority to collect and spend these fees
through 2002 was provided in Public Law 106-553. Based on
information from the Department of State, CBO estimates the
department would collect and spend $368 million in 2003 under
this authority.
Authority to Transfer Naval Vessels. H.R. 1646 would
authorize the transfer of 14 naval vessels to foreign
countries. It would authorize the sale of seven vessels; the
other seven would be given away. Information from DoD indicates
that the asking price for the seven ships would be
approximately $175 million. There is significant uncertainty as
to whether all seven vessels would be sold and what the sale
price might be. Reflecting this uncertainty, CBO estimates that
receipts from these sales would total $18 million in 2002 and
$82 million in 2003.
Miscellaneous Provisions. Several provisions in the bill
would have little or no effect on direct spending or revenues.
Reimbursements for International Litigation Fund. The bill
would allow the State Department to retain, as reimbursement
for preparing or prosecuting a claim against a foreign
government or entity, a portion of awards received. Based on
information from the Department of State, CBO estimates the
department would collect and spend less than $1 million a year.
Export Controls. H.R. 1646 would raise governmental
receipts (revenues) by increasing the amount of existing civil
penalties and establishing new criminal penalties that would be
assessed against exporters who fail to submit accurate
information to the Department of Commerce (DOC). Based on
information from that department, CBO estimates that the
increase in revenues would not be significant in any year.
Collections of criminal fines are deposited in the Crime
Victims Fund and are spent in subsequent years. Based on
information from the DOC, CBO estimates that the criminal
penalties that would be created under H.R.1646 would increase
direct spending from the Crime Victims Fund by less than
$500,000 per year.
Reimbursements for Emergency Overseas Evacuation. H.R. 1646
would allow the State Department to seek reimbursements for the
emergency evacuation of employees of the U.S. government, their
dependents, private U.S. citizens, and foreign nationals.
According to the Department of State, this section of the bill
codifies existing practice and would have no impact on the
budget.
Foreign National Retirement Plans. The bill would amend
section 3968 of the Foreign Service Act of 1980 (Public Law 96-
465), which provides for the compensation and benefits of
foreign nationals who work for the United States abroad. Under
the Foreign Service Act, the Department of State is authorized
to set aside funds on the behalf of employees for the purpose
of paying them a lump-sum payment once they retire or terminate
employment. Although such deposits are not being made at the
present time, current law allows the State Department to retain
a private financial institution for the purpose of holding and
investing those funds. The bill would give the State Department
the option of depositing these monies into a fund established
by the U.S. Treasury Department. The funds would be the
property of the federal government regardless of where they are
held. Thus, CBO estimates that this provision would have no
budgetary impact.
Official Reception and Representation Expenses. Section 811
would increase the amount that the DoD can spend on official
reception and representation expenses from foreign military
sales receipts by $14,000 each year.
PAY-AS-YOU-GO CONSIDERATIONS
The Balanced Budget and Emergency Deficit Control Act sets
up pay-as-you-go procedures for legislation affecting direct
spending or receipts. The net changes in outlays and
governmental receipts that are subject to pay-as-you-go
procedures are shown in the following table. For the purposes
of enforcing pay-as-you-go procedures, only the effects in the
current year, the budget year, and the succeeding four years
are counted.
By fiscal year, in millions of dollars
--------------------------------------------------------------------------------------------------------------------------------------------------------
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
Changes in outlays 582 226 -82 0 0 0 0 0 0 0
Changes in receipts 0 0 0 0 0 0 0 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS
H.R. 1646 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would not affect
the budgets of state, local, or tribal governments.
ESTIMATED IMPACT ON THE PRIVATE SECTOR
H.R. 1646 would impose a private-sector mandate by
requiring exporters or their agents, not covered under current
regulations, to file Shippers Export Declarations through the
Automated Export System (AES). Based on information provided by
the Bureau of the Census, CBO estimates that the cost of filing
through the AES would be minimal as the system is a free, on-
line, electronic reporting system. Most exporters are currently
required to file their reports through the AES. The cost for
the remaining exporters to shift from their current filing
process to the electronic system required in the bill would be
small. Thus, the direct cost of the mandate in the bill would
fall well below the annual threshold established by UMRA ($113
million in 2001, adjusted annually for inflation).
PREVIOUS CBO ESTIMATE
On February 13, 2001, CBO prepared a cost estimate for S.
248 as passed by the Senate. That act would release arrearage
payments of $582 million in 2001. Section 601 of H.R. 1646 is
similar to S. 248, but it would, in addition, authorize the
release of $244 million in 2002.
ESTIMATE PREPARED BY:
Federal Costs:
State Department: Sunita D'Monte (226-2840)
Security Assistance: Joseph Whitehill (226-2840)
Export Controls: Ken Johnson (226-2860) and Erin Whitaker
(226-2680)
Foreign National Retirement Plan: Geoffrey Gerhardt (226-
2820)
Impact on State, Local, and Tribal Governments: Leo Lex (225-
3220)
Impact on the Private Sector: Paige Piper/Bach (226-2940)
ESTIMATE APPROVED BY:
Robert A. Sunshine
Assistant Director for Budget Analysis
Performance Goals and Objectives
The goals and objectives of this legislation are to provide
authorization for the activities of the Department of State for
fiscal years 2002 and 2003.
Constitutional Authority Statement
The Committee finds the authority for this legislation in
Article I, section 8, clause 18 of the Constitution.
FY 2002 International Affairs Function 150 Summary Commerce, Justice, State Appropriations
$ in Thousands
----------------------------------------------------------------------------------------------------------------
FY 2001 FY 2002 Auth. FY 2002
FY 2001 Auth. Approp. H.R. 1646 Request
----------------------------------------------------------------------------------------------------------------
Diplomatic & Consular Programs 3,263,438 3,167,174 3,705,140 3,705,140
----------------------------------------------------------------------------------------------------------------
Worldwide Security Upgrades 315,000 409,098 487,735 487,735
================================================================================================================
Capital Investment Fund 150,000 96,787 210,000 210,000
================================================================================================================
Embassy Security Construction & Maint.
----------------------------------------------------------------------------------------------------------------
Ongoing Operations 445,000 416,059 475,046 475,046
----------------------------------------------------------------------------------------------------------------
Security (Construction) 900,000 513,867 *900,000 815,960
================================================================================================================
Educational & Cultural Exchange Programs 225,000 231,576 242,000 242,000
================================================================================================================
Office of the Inspector General 30,054 28,427 29,264 29,264
================================================================================================================
Other State Department Programs
----------------------------------------------------------------------------------------------------------------
Representation Allowances 5,850 6,485 9,000 9,000
----------------------------------------------------------------------------------------------------------------
Protection of Foreign Missions and Officials 9,490 15,433 10,000 10,000
----------------------------------------------------------------------------------------------------------------
Emergencies in Diplomatic & Consular Service 17,000 5,465 15,500 15,500
----------------------------------------------------------------------------------------------------------------
Payment to the American Institute in Taiwan 15,918 16,309 17,044 17,044
----------------------------------------------------------------------------------------------------------------
Repatriation Loans 1,200 1,192 1,219 1,219
================================================================================================================
International Organizations:
----------------------------------------------------------------------------------------------------------------
Contributions for International Peacekeeping such sums 844,139 844,139 844,139
----------------------------------------------------------------------------------------------------------------
Contributions to International Organizations 940,000 868,917 944,067 878,767
----------------------------------------------------------------------------------------------------------------
Voluntary Contributions to Inter. Organizations 293,000 186,000 306,000 186,000
----------------------------------------------------------------------------------------------------------------
International Commissions (non-Function 150):
----------------------------------------------------------------------------------------------------------------
Int'l Boundary & Water Commission-S&E 20,413 7,126 7,452 7,452
----------------------------------------------------------------------------------------------------------------
Int'l Boundary & Water Commission-Construction 8,435 22,900 25,654 25,654
----------------------------------------------------------------------------------------------------------------
International Fisheries Commission 16,702 19,349 19,780 19,780
----------------------------------------------------------------------------------------------------------------
International Boundary Commission 859 968 989 989
----------------------------------------------------------------------------------------------------------------
International Joint Commission 3,819 3,763 7,282 7,282
----------------------------------------------------------------------------------------------------------------
Refugees 750,000 698,460 817,000 715,000
----------------------------------------------------------------------------------------------------------------
Related Appropriations:
----------------------------------------------------------------------------------------------------------------
The Asia Foundation 15,000 9,230 15,000 9,250
----------------------------------------------------------------------------------------------------------------
National Endowment for Democracy 32,000 30,931 36,000 31,000
----------------------------------------------------------------------------------------------------------------
East-West Center 12,500 13,470 13,500 13,500
----------------------------------------------------------------------------------------------------------------
North-South Center ** 2,500 ---- 4,000 ----
================================================================================================================
Related Agency-Broadcasting Board of Governors 467,229 450,431 470,000
================================================================================================================
TOTAL 7,940,407 8,063,556 8,242,811 9,226,721
----------------------------------------------------------------------------------------------------------------
* Authorized in PL 106-113.
** Funding assumed within the educational and cultural programs account.
Section-by-Section Analysis and Discussion
Foreign Relations Authorization for Fiscal Years 2002 and
2003
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Section 101--Authorization of Appropriations--Administration of Foreign
Affairs.
This section authorizes the State Department's FY 2002 and
2003 operating budget at $4,714,167,000 for fiscal year 2002
and such sums as may be necessary for fiscal year 2003.
101(1)--Diplomatic and Consular Programs. This section
authorizes $3,705,140,000 for fiscal year 2002 and such sums as
may be necessary for fiscal year 2003 for diplomatic and
consular programs.
Of the total amount, $487,735,000 is specifically
authorized for worldwide security upgrades for fiscal year 2002
and such sums as may be necessary for fiscal year 2003; for the
salaries and expenses of the Department's Bureau of Democracy,
Human Rights, and Labor, $16,000,000 is authorized for fiscal
year 2002 and $20,000,000 for fiscal year 2003; for the
recruitment of members of minority groups for careers in the
Foreign Service and international affairs $2,000,000 is
authorized for fiscal years 2002 and 2003; and $70,000 is
authorized for a mobile library at the U.S. Interests Section
in Cuba for fiscal years 2002 and 2003.
101(b)(ii) This section provides an increase in the funding
for the Bureau of Democracy, Human Rights and Labor, from $12
million in FY2000 and 2001 to $16 million in FY2002 and $20
million in FY2003. The Committee believes that these issues
should be core values in U.S. foreign policy, and that this
function should be enhanced within the Department. In
particular, promotion of democracy abroad advances this
country's values, international stability and economic freedom.
The increase in the Bureau's budget should also be viewed in
the context of section 205, regarding positions abroad that are
primarily responsible for following human rights developments
in foreign countries.
Public Diplomacy. The Committee supported the
reorganization of foreign affairs agencies in 1999, and has
followed with interest the progress of merging the former USIA
and its public diplomacy activities into the Department of
State. One of the organizational consequences of the merger is
that the former USIS overseas posts, now the public diplomacy
sections in our embassies, report to the State Department's
regional bureaus, and are less related to the Washington units
which provide exchange and international information programs
and the funding for them. Given the many competing and urgent
priorities the regional bureaus must confront, this arrangement
could lead over time to a diminution of focus and staff
resources for public diplomacy in the field. The Committee
encourages the Department to ensure that the overseas public
diplomacy sections have a clear mandate to carry out these
activities as their first priority, as well as adequate staff
and other resources for these important tasks. Moreover, the
Committee continues to monitor the implementation of section
1333 of the Foreign Affairs Reform and Restructuring Act of
1998, providing that funds budgeted for public diplomacy may
only be used for that purpose.
The African Growth and Opportunity Act. The African Growth
and Opportunity Act (P.L. 106-200) requires the public
diplomacy operation to disseminate regularly in Africa through
various media outlets economic information in support of the
free market economic reform it is designed to promote. The
Committee notes with approval such efforts being undertaken by
the State Department's public diplomacy offices, particularly
the Africa bureau's Office of Public Diplomacy. These
activities have proven helpful in enhancing U.S.-Africa
commercial ties.
Increased Resources for African Bureau. The Committee is
concerned regarding the decline in U.S. diplomatic presence in
Africa over the last 10 years. This decline has come at a
critical time when U.S. economic, political, security,
humanitarian, and cultural interests in Africa require more
attention than ever before. Today, the United States is at its
weakest diplomatic position in several decades. In 1991, we
employed 1,956 individuals. In 1999, this number dropped to
792. As noted above, last year, Congress passed the African
Growth and Opportunity Act (AGOA) that created opportunities
for new trade relations between African countries and the U.S.
Yet, without an effective diplomatic presence in Africa we
cannot strengthen and facilitate stronger commercial
relationships between the United States and the African
continent.
Our interests in Africa are not just commercial. We also
have a major interest in monitoring and promoting human rights.
Stable and transparent democracies in Africa will create
strong, dynamic governments and economies with which we can
establish strong bilateral relations. Moreover, 75 percent of
HIV infections are in Africa where resources to confront the
epidemic are most scarce. This epidemic has the potential to
devastate African populations and deny both the United States
and Africa opportunities to develop future economic and
political relations. Our presence in Africa is vital to promote
attention to the epidemic and help with education, treatment,
and research to stem the tide of HIV/AIDS. Finally, it is
within our national self-interest to work bilaterally and with
multilateral institutions to make sure African security crises
do not create opportunities for hostile governmental and
nongovernmental forces to exploit tragedy and produce rogue
forces hostile to the United States.
Given the significant new resources the Committee is
recommending for State Department operating expenses,
particularly personnel, the Committee recommends the Department
make a significant increase in personnel addressing Africa
issues, both in the Bureau of African Affairs and at diplomatic
posts in Africa.
101(2)--Capital Investment Fund. Authorizes $210,000,000
for fiscal year 2002 and such sums as may be necessary for
fiscal year 2003 to modernize the Department's computer
systems.
101(3)--Security and Maintenance of United States Missions.
Authorizes $475,046,000 for fiscal years 2002 and such sums as
may be necessary for fiscal year 2003 for the security and
maintenance of U.S. missions abroad. Separately authorized in
P.L. 106-113 is $900,000,000 for each of the fiscal years 2002,
2003, and 2004 for embassy security construction. These funds
were specifically authorized for security upgrades, to cover
the costs of the relocation and construction necessary to
rectify security deficiencies at posts abroad. Therefore,
embassy security construction is not authorized in this bill.
The total authorization available in fiscal year 2002 is
$1,375,046,000.
101(4)--Representation Allowances. Authorizes $9,000,000
for fiscal years 2002 and 2003 to be used for the reimbursement
of the costs incurred by Department officials for official
representation overseas.
101(5)--Emergencies in the Diplomatic and Consular Service.
Authorizes $15,500,000 for fiscal years 2002 and 2003 for
emergencies, such as evacuations of American citizens abroad,
and for the payment of rewards, such as for information
regarding international terrorism and narcoterrorism. In
addition, certain representational expenses of certain senior
Department officials are authorized in this account.
101(6)--Office of the Inspector General. Authorizes
$29,264,000 for fiscal year 2002 and such sums as may be
necessary for fiscal year 2003 for the Office of the Inspector
General.
101(7)--American Institute in Taiwan. Authorizes
$17,044,000 for fiscal year 2002 and such sums as may be
necessary for fiscal year 2003 for the operations of the
American Institute in Taiwan.
101(8)--Protection of Foreign Missions and Officials.
Authorizes $10,000,000 for fiscal years 2002 and 2003 for the
protection of foreign missions and officials.
101(9)--Repatriation Loans. Authorizes $1,219,000 for
fiscal years 2002 and 2003 for repatriation loans provided to
Americans in need of assistance overseas.
Section 102--International Commissions.
Authorizes $61,157,000 for fiscal year 2002 and such sums
as may be necessary for fiscal year 2003 for salaries and
expenses and for construction of the International Boundary and
Water Commission; for the International Boundary Commission,
United States and Canada; for the International Joint
Commission and; for the International Fisheries Commission.
These organizations are responsible for boundary, water, and
resource issues along U.S. borders and adjacent waters.
Section 103--Educational and Cultural Exchange Programs.
103(1) This section authorizes a total of $242,000,000 for
fiscal year 2002 and such sums as may be necessary for fiscal
year 2003 for educational and cultural exchange programs. The
total is divided as follows: $125,000,000 in fiscal year 2002
and such sums as may be necessary in fiscal year 2003 for the
Fulbright exchange program and $117,000,000 in fiscal year 2002
and such sums as may be necessary for fiscal year 2003 for
``Other Exchange Programs.'' Within the Fulbright program,
$500,000 is available for each year for Tibetan Exchanges.
Within the ``Other Exchange Programs,'' spending is directed
for each fiscal year for South Pacific Exchanges ($750,000),
East Timorese Scholarships ($500,000), Sudanese scholarships
($500,000), African exchanges ($500,000), and for the Israel-
Arab Peace Partners program ($750,000).
The Committee recognizes the importance of international
academic and cultural exchange programs. Organizations like
International Partners in Education can help governments and
nongovernmental organizations promote the education of
students. Therefore, the Committee recommends that the State
Department work with International Partners in Education as the
Department develops and carries out its international academic
and cultural exchange programs.
The Committee also recommends that the State Department
strongly consider a unique student exchange program hosted at
the New Jersey and Jerusalem college campuses of the Beth
Madrash Govoha of America. Students from all over the world
participate in this program, which specializes in Judaic
heritage, culture, ethics and law and in related democratic
values and ideals. Students are specifically recruited from
third world and poor countries; countries where democratic
values are under attack; and countries whose people are
suffering from internal and external conflict. The program is
currently funded through private donations, but in order to
meet a sharp increase in demand, the school is seeking Federal
assistance to allow more students to participate. The Committee
believes the program makes unique contributions to U.S./foreign
educational partnerships and is a worthy candidate for a grant
under this section.
103(2)--National Endowment for Democracy (NED). This
section authorizes $36,000,000 for fiscal year 2002 and
$40,000,000 for fiscal year 2003 for the NED.
103(3)--Reagan-Fascell Democracy Fellows. This section
authorizes $1,000,000 for both fiscal years 2002 and 2003 for
the Reagan-Fascell Democracy Fellows for international
democracy activists and scholars to study and exchange views
with other activists and scholars.
103(4)--Dante B. Fascell North-South Center. This section
authorizes $4,000,000 for fiscal years 2002 and 2003 for the
Dante B. Fascell North-South Center.
103(5)--Center for Cultural and Technical Interchange
between East and West. This section authorizes $13,500,000 for
fiscal years 2002 and 2003 for the East-West Center. These
funds are for operations and expansion of programs of
constructive involvement with nations in Asia and the Pacific
through education, research and outreach.
Section 104--International Organizations.
104(a)(1)--Assessed Contributions to International
Organizations. Authorizes $944,067,000 for fiscal year 2002 and
such sums as may be necessary for fiscal year 2003 for assessed
contributions to international organizations. As introduced,
the bill funded this account at the President's request level
for fiscal year 2002 . An amendment was adopted during
Committee consideration to increase the account by $65,300,000
for purposes of authorizing the amounts necessary to cover the
costs of rejoining UNESCO.
104(b)(2)--Civil Budget of NATO. Provides such sums as may
be necessary and a permanent authority for the State Department
to pay for the U.S. assessment of the civil budget of NATO.
This section also provides for permanent authorization of the
U.S. assessment for the civil budget of the North Atlantic
Treaty Organization. NATO remains a cornerstone of our security
relationship in Europe and beyond. The permanent authorization
ensures that whatever amounts are requested by the
Administration in any future fiscal year is authorized.
104(c)--Prohibition on Funding Framework Treaty-Based
Organizations. This section continues a prohibition on using
funds from the CIO account for the assessments for certain
framework treaty organizations.
104(d)--Foreign Currency Exchange Rates. This section
provides such sums as may be necessary for fiscal years 2002
and 2003 to offset adverse fluctuations in foreign currency
exchange rates.
104(e)--Refund of Excess Contributions. This section
reaffirms the policy that the U.N. and its specialized agencies
shall credit the next year's assessment or refund member states
if funds exceed the budgeted expenditures. An example of when
there might be extra money is if there are exchange rate gains.
The purpose of the provision is not to increase spending above
what is budgeted for a given year if there are excess funds.
Section 105--Assessed Contributions for International Peacekeeping
Activities.
Authorizes $844,139,000 for fiscal year 2002 and such sums
as may be necessary for fiscal year 2003 for assessed
contributions for international peacekeeping activities.
Section 106--Grants to the Asia Foundation.
Authorizes $15,000,000 for fiscal years 2002 and 2003 for
grants to the Asia Foundation.
Section 107--Voluntary Contributions to International Organizations.
This section authorizes a total of $306,000,000 for U.S.
voluntary contributions to international organizations. Of the
total, spending is directed as follows: $5,000,000 for fiscal
years 2002 and 2003 for the World Food Program; $5,000,000 for
fiscal years 2002 and 2003 for the U.N. Voluntary Fund for
Victims of Torture; and $240,000 for fiscal years 2002 and 2003
for the Organizations of American States for the purpose of
conducting investigations and dissemination of information on
violations of freedom of expression by the Government of Cuba,
Colombia, and Haiti.
The Committee welcomes the focus of the United Nations
Development Programme (UNDP) on critical areas such as
democratic governance, HIV/AIDS, conflict prevention and post-
conflict reconstruction in developing and transition countries,
as well as its work to coordinate UN development agencies at
country level. The UNDP's headquarters remains based in the
United States. Accordingly, the Committee recommends a U.S.
contribution of $100 million for UNDP in fiscal year 2002.
107(c)--Restrictions on U.S. voluntary contributions to
UNDP. This section carries over a provision of existing law
that requires the withholding from U.S. voluntary contributions
to the United Nations Development Program (UNDP) of an amount
equal to the amount UNDP intends to spend in Burma during each
of the fiscal years 2002 and 2003, unless the President
certifies to Congress that UNDP programs in Burma are focused
on eliminating human suffering and addressing the needs of the
poor; are undertaken only through international or private
voluntary organizations that have been deemed independent of
Burma's military dictatorship, the State Peace and Development
Council (SPDC), formerly the State Law and Order Restoration
Council (SLORC); provide no financial, political, or military
benefit to the SPDC; and are carried out only after
consultations with the leadership of the principal Burmese pro-
democracy organizations, the National League for Democracy
(NLD) and the National Coalition Government of the Union of
Burma (NCGUB).
The Committee remains concerned about UNDP programs in
Burma. UNDP and Administration officials have assured the
Committee that such programs do not benefit the SPDC. Committee
members, however, continue to receive reports that UNDP
officials regularly consult with the SPDC on Burma programs,
that they consult only peremptorily with pro-democracy
organizations, and that UNDP programs in Burma have the effect
of enhancing the international prestige and domestic power of
the SPDC. The certification requirement is intended to provide
additional assurances that UNDP programs are truly independent
of the SPDC, to make clear to UNDP officials that their
activities in Burma should be limited to addressing the basic
human needs of the poor and disadvantaged people of Burma, and
that they should do so only after full and genuine consultation
with the NLD and NCGUB, the duly elected political leadership
of the people of Burma.
The Committee expects that in determining whether UNDP
programs in Burma meet the conditions set forth in this
subsection, the Department shall rely on assessments by experts
and nongovernmental organizations independent of UNDP. It would
be helpful for the Department to consult with the Committee in
the selection of such experts and organizations.
107(d)--UNICEF. This section provides additional
authorization of $120,000,000 for fiscal years 2002 for UNICEF
from an appropriate account.
107(e)--Organizations and Programs That Support Coercive
Abortion or Involuntary Sterilization. This section prohibits
funding under this act to any organization which supports, or
which participates in the management of, a program of forced
abortion or involuntary sterilization.
Section 108--Migration and Refugee Assistance.
This provision provides $817,000,000 for fiscal years 2002
and 2003 for refugee and migration programs.
This is the amount necessary to keep the amount available
for worldwide refugee protection level in constant dollars over
the last 6 years. The refugee account is the only major State
Department account which has not received sufficient annual
increases since fiscal year 1995 to compensate for the effects
of inflation. Yet the number of refugees and other persons in
need of protection, such as internally displaced persons and
refugees who have repatriated but not yet been fully
reintegrated in their home countries, is at least as great as
it was 6 years ago, and the per capita cost of providing such
protection has increased substantially. The resulting
shortfalls in the protection budgets of the United Nations High
Commissioner for Refugees and other international and
nongovernmental organizations devoted to providing food,
shelter, and other basic necessities to refugees have
contributed to increased instability, to involuntary and unsafe
repatriation, and in some cases to dramatic increases in infant
and child mortality.
Refugee protection is particularly jeopardized in Africa,
where UNHCR's protection capacity is historically weak and
understaffed despite the needs of more than 6 million refugees
and other persons of concern. Among other needs that are not
being met, the United States Committee for Refugees estimates
that there is an immediate need for 100 additional UNHCR
Protection Officers in Africa, at an estimated cost of $15
million. Yet the new High Commissioner, Ruud Lubbers, recently
announced the need for further UNHCR budget cuts in light of a
20% shortfall in anticipated commitments from donor nations.
The Committee remains deeply concerned about the fate of
East Timorese refugees in militia-controlled camps in
Indonesian West Timor. The Committee deplores the failure of
the Indonesian government and security forces to disarm and
disband militia groups which have enjoyed close relationships
with elements of these forces, and which continue to intimidate
refugees, spread misinformation, prevent safe and full access
to refugees by international and local humanitarian workers,
and threaten the peace and security of East Timor. The
Committee is troubled by worsening humanitarian conditions for
East Timorese refugees in the camps and elsewhere, particularly
widespread malnutrition and disease; reports of sexual
enslavement of women and girls; and the separation of East
Timorese children from their refugee parents. The Committee
urges the Department of State to monitor closely the refugee
situation in West Timor and, insofar as is possible, to provide
funding to improve health, food, and other humanitarian
conditions for refugees in West Timor and to assist in refugee
repatriation and resettlement. Due to the current inability of
the United Nations High Commissioner for Refugees and other
international organizations to operate in West Timor, the
Committee recommends the Department explore alternative means
of providing humanitarian support, including funding for West
Timorese nongovernmental organizations and humanitarian
agencies of the West Timor provincial government.
Afghanistan. The Committee is concerned about the rapidly
deteriorating humanitarian conditions inside Afghanistan as a
result of continued fighting and the extreme drought that is
affecting much of the country. There are credible reports of
perilous increases in malnutrition rates--particularly with
women, children and the elderly. The Committee is also
concerned that the expected migration of Afghan refugees to
Pakistan and Iran due to the worsening situation inside
Afghanistan will create a humanitarian tragedy as both of those
countries have closed their borders to additional refugees. The
Committee urges the State Department to continue its efforts,
working with the U.S. Agency for International Development, to
coordinate with the United Nations Office of Coordination for
Humanitarian Affairs (UNOCHA), the World Food Program (WFP),
United Nations High Commissioner for Refugees (UNHCR) and other
international donors to step up international relief efforts
inside Afghanistan as well as to increase assistance for
refugees in neighboring countries. The Committee also calls on
the State Department to exert all its influence with the
neighboring countries to implore them to continue providing
safe harbor to the refugees from Afghanistan fleeing conflict,
persecution or famine.
Section 121--International Broadcasting Operations.
This section authorizes a total of $584,000,000 for fiscal
year 2002 and such sums as may be necessary for fiscal year
2003 for the Broadcasting Board of Governors to carry out
certain international broadcasting activities. Included in the
total authorization are the following:
121(a)(1)(B)(i)--Belize. Authorizes $750,000 is to be used
solely for the enhancements of transmission facilities in
Belize and the cost of transmissions in Belize. An integral
part of U.S. broadcasting in the Western Hemisphere is the need
to reach the people in the Andean region who are deprived of
factual information about developments within and outside their
countries, and about U.S. efforts to assist them in their
struggle to reclaim their lives from the narcotraffickers and
guerrillas. Another high priority for the U.S. is the use of
Radio and TV Marti to lift the veil of silence that the Castro
dictatorship has imposed on the Cuban people. Through
broadcasting to Cuba, we are able to inform and educate the
growing dissident and political opposition movement to provide
them with the necessary tools and support to continue their
efforts to bring freedom and democracy to their island nation.
The Cuban regime has intensified its jamming of U.S. broadcasts
with the assistance and guidance of an expert in this field--
the People's Republic of China. Enhancements to the Belize
facility will help increase the capacity of the Office of Cuba
Broadcasting to evade the jamming by the Cuban regime and will
help ensure that our programs and transmission are heard by the
people in the targeted areas of the Hemisphere
121(a)(1)(B)(ii)--Radio Free Asia. Authorizes $30,000,000
for fiscal year 2002 and $30,000,000 for fiscal year 2003 for
Radio Free Asia.
121(a)(2)--Broadcasting Capital Improvements. This section
authorizes $16,900,000 for fiscal year 2002 and such sums as
may be necessary for fiscal year 2003 for broadcasting capital
projects.
121(a)(3)--Broadcasting to Cuba. Authorizes $25,000,000
fiscal years 2002 and year 2003 for Cuba broadcasting.
121(b)--Continuation of Additional Authorization. This
section updates P.L. 106-286, concerning Permanent Normal Trade
Relations for the People's Republic of China, to extend the
authorization for additional Radio Free Asia and Voice of
America broadcasts to China and neighboring countries, in the
total amount of $99,000,000 for fiscal year 2002 and
$34,000,000 in fiscal year 2003.
121(c)--Middle East Radio Network. This section authorizes
$15,000,000 for fiscal year 2002 for Enhanced Voice of America
broadcast services to the Middle East.
Title I, Subtitle C
Subtitle C is the Global Democracy Promotion Act of 2001
Section 131. Short title.
This section provides that the short title for this
subtitle is the Global Democracy Promotion Act of 2001.
Section 132. Findings.
This section provides the Committee's findings regarding
certain issues raised by the ``Mexico City policy'' recently
reinstated by President Bush. The section finds that an open
and honest relationship between health care providers and
patients is a fundamental principle of medical ethics and
practice, free speech is a fundamental American value, and
promotion of democracy is a principal goal of U.S. foreign
policy. It also finds that denying U.S. foreign assistance
funds to foreign nongovernmental organizations that use funds
from sources other than the U.S. government to take actions or
engage in medical practices that are legal in their own country
and that would be constitutionally protected if conducted in
the United States undermines these principles, is an
unjustifiable interference with the ability of independent
organizations to serve the critical health needs of their
fellow citizens and demonstrates a disregard and disrespect for
the laws of sovereign nations as well as for the laws of the
United States.
Section 133--Assistance for Foreign Nongovernmental Organizations under
Part I of the Foreign Assistance Act of 1961.
This section requires that notwithstanding any other
provision of law, regulation or policy, foreign nongovernmental
organizations shall not be determined to be ineligible to
receive funds authorized under part I of the Foreign Assistance
Act of 1961 solely on the basis of health or medical services,
including counseling and referral services, provided by non-
United States government funds as long as those services do not
violate the laws of the country in which they are being
provided and would not violate United States Federal law if
they were being provided in the United States. It also requires
that foreign nongovernmental organizations shall not be subject
to any restrictions or requirements on the use of non-United
States government funds for advocacy or lobbying activities as
a condition of receiving funds authorized under part I of the
Foreign Assistance Act of 1961 other than those requirements
that also apply to United States nongovernmental organizations
receiving such funds.
This statute supersedes any provision of law, regulation or
policy currently in effect.
Title II--Authorities and Activities
Section 201--Continuation of Reporting Requirements.
This section extends reporting requirements contained in
the Foreign Relations Authorization Act as follows:
Section 201(a)--Saudi Arabia. This section requires
periodic reports on outstanding claims by United States firms
against the Government of Saudi Arabia. This amendment is
necessary to help U.S. firms which have completed extensive
work for the Saudi Government but have had no success in
getting their due compensation. For example, Gibbs and Hill,
Inc., of New Jersey has outstanding claims for $55 million for
work on a desalinization plant completed in 1984.
Section 201(b)--LIBERTAD Act. This section continues the
report under title IV of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act. It requires the Secretary of State
to make periodic reports to the Committee describing the
ongoing reviews pursuant to title IV of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6091)
and any determinations and findings under that title of that
act. Title IV of the LIBERTAD Act requires the Secretary of
State to exclude from the U.S. persons ``trafficking'' in
property confiscated from U.S. nationals in Cuba. The Committee
intends to use these reports to monitor the implementation of
this ``exclusion'' provision of the LIBERTAD Act.
Section 201(c)--Vietnam. This section continues a report
requiring the Secretary of State to report on the extent to
which the Government of Vietnam: (1) is cooperating with the
U.S. on the fullest possible accounting of POW/MIA's; (2) has
made progress on the release of political and religious
prisoners; (3) is cooperating on requests by the U.S. to obtain
full and free access to persons for interviews under the
Orderly Departure and Resettlement Opportunities for Vietnamese
Refugees programs; 4) has taken action to end corrupt practices
in connections with exit visas; and 5) is making efforts to
interview and resettle former reeducation camp victims and
other persons.
Section 201(d)--Missle Defense This section continues a
reporting requirement with respect to cooperative projects with
Russia in the area of ballistic missile defense, including in
the area of early warning.
Section 202--Continuation of Other Reports.
202(a)--Semi-Annual Reports. This section requires semi-
annual reports, with a classified annex, from the Secretary of
State on the US government's efforts to boost efforts toward
Taiwan's appropriate membership or participation in
international organizations.
202(b)--Terrorist Activity. This section requires reporting
on terrorists attacks in the territory of Israel or territories
administered by Israel or the Palestinian Authority in which
U.S. citizens were killed.
Section 203--Royal Ulster Constabulary Training.
This section updates and modifies a provision of current
law that bans Federal funds from being used to support any
training or exchange programs conducted by the Federal Bureau
of Investigation or any other Federal law enforcement agency
for the Royal Ulster Constabulary until the President certifies
that vetting procedures have been established in all
appropriate Federal agencies to ensure that the training
programs will not include RUC members who are believed to have
committed or condoned human rights violations including any
role in the murder of Patrick Finucane or Rosemary Nelson or
other violence or threat of violence against defense attorneys.
This section requires a report, within 60 days of enactment, on
the scope of previous training programs. The section requires a
second report that outlines the extent to which the British
government has implemented the 175 recommendations listed in
the Patten Commission report on policing reforms in Northern
Ireland including those recommendations that emphasize the
integration of respect for human rights and emphasize efforts
to recruit Catholics for the new police force. (The RUC has had
proportionally far fewer Catholics than the population of
Northern Ireland.) This report should also provide information
on the integration of members of the Garda Siochana (the
national police force of the Republic of Ireland) or other
experienced police force applicants into the senior ranks of
the RUC by both the British and Irish governments, as
envisioned by the Patten report. The section requires that the
report also include information on the status of the murder
investigations of defense attorneys Rosemary Nelson and Patrick
Finucane and the murder of Robert Hamill. In April 1999, the
House of Representatives passed a resolution condemning the
murder of Rosemary Nelson, who had testified before the
International Relations Subcommittee on Human Rights, and
calling for independent judicial inquiries into the Finucane
and Nelson murders. The report is designed to provide Congress
with up-to-date information on these matters.
Section 204--Report concerning Elimination of Colombia Opium.
This section requires a report which outlines a
comprehensive strategy to address the crisis with respect to
heroin in the U.S. due to opium originating from Colombia. The
report should also include a discussion of efforts to control
precursor chemicals, many of which come primarily from Europe
and are not manufactured in Colombia.
Section 205--Repeal of Provision Regarding Housing for Foreign
Agricultural Attache.
This section repeals section 736 of the FY 2001
Agricultural Appropriations Act (P.L. 106-387), which requires
the State Department to receive the approval of the Foreign
Agricultural Service (FAS) before the sale of any foreign
property occupied by the agricultural attache. It further
provides that sales proceeds must be used to acquire
appropriate housing for the use of the agricultural attache.
The U.S. Department of Agriculture (``USDA'') obtained
enactment of section 736 without consultation with or the
concurrence of the Department of State or its authorization and
appropriation committees. Section 736 directly conflicts with
the unified, efficient management of real property under a
Single Real Property Manager and directly impinges on State
authorities.
The State Department has identified 18 residences that are
occupied by agricultural attaches. Although some may have been
historically and consistently assigned to agricultural
attaches, others were assigned to the attaches in accordance
with the established program of assigning government-owned
dedicated housing to the heads of foreign affairs agencies.
Like other agencies, USDA agreed to pool such housing as part
of the 1992 agreement to adopt the current housing policy. If
section 736 were to continue, the State Department would be
obliged to limit housing assignments of agricultural attaches
to only those units that are owned by the USDA; and to begin,
as permitted under statute, to charge USDA for maintenance.
Decentralized real property management could create separate
and unequal housing policies, which would conflict with the
current rights of all Foreign Affairs agencies to government-
owned housing.
Section 206--Human Rights Monitoring.
Section 206 provides that funds authorized to be available
only for the Bureau of Democracy, Human Rights and Labor (DRL)
pursuant to section 101(B)(ii) are authorized to be available
to fund positions at United States posts abroad that are
primarily responsible for following human rights developments
in foreign countries and that are assigned at the
recommendation of the DRL bureau in conjunction with the
relevant regional bureau. The purpose of this is to encourage
greater attention at overseas posts to the monitoring of human
rights by making funds available for such positions. As
indicated previously, the Committee believes that the issues
addressed by this Bureau need to be at the core of U.S. foreign
policy. While the Committee wants to provide some flexibility
to the Department in how to administer its increase, the
Committee believes that one way to strengthen these functions
is to provide the DRL bureau with the ability to assign some
officers to U.S. posts abroad. It is clear that DRL will be
strengthened both in the officers it can attract to serve in
the Bureau and in the way it is viewed by the rest of the
Department if it has the primary responsibility for such
assignments. While the Committee recognizes that it is
traditionally the role of the regional bureaus to make
assignments of officers to posts, the Committee intends that in
the future DRL be able to make the assignments, although it
would have to consult with the regional bureau. The Committee
does not believe that this approach would be satisfied by
merely designating certain officers assigned abroad as
primarily human rights officers, without clearly providing DRL
the key role in making decisions regarding assignments.
Moreover, the Committee is not trying to create a ``human
rights cone.'' The Committee recognizes that in certain
countries, designating a particular officer as a ``human rights
officer'' would inhibit rather than increase an officer's
ability to follow human rights developments in such country.
Rather, the Committee expects that certain officers in the
political section of a particular mission would be responsible
for human rights issues, along with other issues. The key issue
is that the assignment would be primarily the responsibility of
the DRL bureau.
Section 207--Correction of Fishermen's Protective Act.
This section makes a technical correction to section 7 of
the Fishermen's Protective Act of 1967 (FPA), as amended, which
was enacted to deter foreign governments from seizing U.S.
commercial fishing vessels based on claims to a fisheries
jurisdiction not recognized by the United States. One of the
State Department's primary responsibilities under the FPA is to
administer funds from which reimbursement could be sought by
U.S. vessel owners. The FPA amendments last year erroneously
transferred certain responsibilities from the Secretary of the
Interior to the Secretary of Commerce, rather than to the
Secretary of State. The Department of Commerce has expressed
concurrence in this change.
Section 208--International Litigation Fund.
This section allows the State Department to be reimbursed
for costs associated with representing American citizens or
companies in international claims. The section would allow the
Department to deduct and retain 1.5% of payments of at least
$100,000 up to $5 million, and 1% of payments above $5 million
received by the Department from foreign governments or foreign
entities as a result of the Department's pursuit of claims on
behalf of U.S. citizens or others. The funds so retained would
be placed into the International Litigation Fund, which was
established by Congress in 1994 (at 22 U.S.C. 2710) to provide
a dependable and flexible source of funds for expenses relating
to preparing or prosecuting a proceeding before an
international tribunal, or a claim by or against a foreign
government or other foreign entity. The Fund has no dedicated
source of money; rather, it depends for funding on voluntary
contributions, transfers from other agencies, or
reprogrammings.
Similar deductions are taken from Iran-U.S. Claims Tribunal
awards, and 5 percent is deducted from awards of the Foreign
Claims Settlement Commission.
Section 209--Emergency Evacuation Services.
This provision clarifies that the State Department has the
authority to seek reimbursement from private American citizens,
and third country nationals for the cost of an emergency
evacuation when their lives are threatened by war, civil unrest
or a natural disaster, affirming the Department's longstanding
practice in this regard.
Section 210--Implementation of the Intercountry Adoption Act.
This section requires the State Department's Bureau of
Consular Affairs to consult with the appropriate Congressional
Committees on the implementation of the Intercountry Adoption
Act (PL 106-279).
This act was the subject of significant controversy in the
106th Congress. A wide range of adoption agencies from around
the country that are involved in international adoptions were
in frequent contact with the Committee and the Executive branch
regarding issues that arose in the context of the Intercountry
Adoption Act. In response, the Committee ensured that, unlike
many regulations in the foreign policy area, the Department
would have to go through normal comment periods required by the
Administrative Procedures Act as the Department moved forward
in implementation of the act. At the same time, the Committee
has repeatedly asked for briefings regarding the implementation
of the act and requested to be kept informed of important
developments. Regrettably, the Department has not honored these
requests in an appropriate way. Briefings have been sketchy,
with the Department reluctant to provide fulsome responses to
the Committee's inquiries. Specific requests to be kept
informed of developments have been ignored, with the Committee
learning of major developments in implementation only after the
fact. The Committee regards this as unfortunate because the
Committee believes that exchanges that have taken place have
ended up improving the Department's approach to the
implementation of the act. The Committee intends that this
provision will usher in a better dialogue between the
Department and the Committee, and that the Department will
provide information on an ongoing basis and on latest
developments in implementation, including notice before major
developments occur.
Section 211--Report Concerning the Effect of Plan Colombia on Ecuador.
This section requires a report which outlines a
comprehensive strategy to address the spillover effect of Plan
Colombia on Ecuador.
Section 212--Report Concerning Efforts to Promote Israel's Diplomatic
Relations With Other Countries.
This section requires an annual report by the Secretary of
State regarding actions taken by representatives of the U.S. to
encourage other countries to establish full diplomatic
relations with Israel.
Section 213--Reports on Activities in Republic of Colombia.
This section requires two separate reports by the Secretary
of State on Plan Colombia. The first report is required every 6
months and will include a summary of U.S. funded activities in
the Republic of Colombia. The second report is an annual report
on the activities of the U.S. businesses that have entered into
agreements with the Department of State to carry out
counternarcotics programs in the Republic of Colombia.
Subtitle B--Consular Authorities
Section 231--Machine Readable Visas.
This section extends the Department's authority to collect
and retain the machine readable visa (MRV) fees for fiscal
years 2002 and 2003. It provides $414,000,000 for fiscal year
2002 and $422,000,000 for fiscal year 2003 to fund consular
services activities and border security operations.
Section 232--Establishment of a Consular Branch Office in Lhasa, Tibet.
Requires the Secretary of State to make best efforts to
establish a branch consular office in Tibet.
Section 233--Establishment of a Diplomatic Post in Equatorial Guinea.
Requires the Secretary of State to establish a post in
Equatorial Guinea for the purposes of providing assistance to
the American interests present in the country.
Section 234--Processing of Visa Applications.
The provision states that it shall be the policy of the
State Department: (a) to process visa applications of immediate
relatives and fiances of U.S. citizens within 30 days of
receiving all necessary documents; and (b) to process
applications sponsored by someone other than an immediate
relative within 60 days.
Section 235--U.S. Policy with respect to Jerusalem as the Capital of
Israel.
This provision includes a statement of policy that Congress
is committed to relocating the U.S. embassy in Israel to
Jerusalem. In addition it states that: 1) none of the funds
authorized may be expended for the operation of a U.S.
consulate in Jerusalem unless such consulate is under the
supervision of the U.S. Ambassador to Israel; 2) none of the
funds authorized may be available for the publication of any
official government document which lists countries and their
capital cities unless the publication identifies Jerusalem as
the capital of Israel; and 3) for purposes of the registration
of birth, certificates of nationality, or issuance of a
passport of a U.S. citizen born in the city of Jerusalem, the
Secretary of State shall upon request record the place of birth
as Israel.
Section 236--Denial of Visas to Supporters of Colombian Illegal Armed
Groups.
This section would require the Secretary of State to deny a
U.S. visa to any alien who the Secretary determines, based on
credible evidence, has willfully supported any of the three
major illegal armed groups in Colombia's conflict (the
Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ELN), or the United Self-Defense Forces of
Colombia (AUC)). The Committee does not intend that ``willful
support'' be interpreted to include payments or supplies given
as a result of coercion, such as ransom for the release of
kidnap victims, or monies or services extorted under threat of
violence. All three illegal groups engage in these activities,
and the Committee does not intend for this section to punish
their victims.
Subtitle C--Migration and Refugees
Section 251--U.S. Policy Regarding the Involuntary Return of Refugees.
This provision carries over a provision of the FY 98-99
Foreign Relations Authorization Act prohibiting the use of
funds for the involuntary return of any person to a country in
which that person has a well-founded fear of persecution, and
requiring notification to Congress when such funds are used for
involuntary repatriation of persons deemed to be non-refugees.
Section 252--Report on Overseas Refugee Processing.
This section requires a report on overseas processing of
refugees for admission to the United States. In particular, the
report should assess the needs of refugees who do not currently
have access to U.S. resettlement programs, despite the dramatic
decline in U.S. refugee admissions over the last decade.
Refugees in Urgent Need of Resettlement. Although United
States Embassy officials have legal authority to identify
``priority one'' refugees--individuals who are particularly
vulnerable or otherwise in urgent need of resettlement--in
practice this authority is exercised far more rarely than it
might be. Instead, in a number of countries around the world
the Department of State currently insists on a referral from
the United Nations High Commissioner for Refugees (UNHCR)
before making its own judgment on whether an asylum seeker
should be interviewed for possible resettlement in the United
States as a priority one refugee. Unfortunately, in many
locations UNHCR lacks sufficient staff to perform this
function. The practical result is that many particularly
vulnerable refugees are left without access to the United
States program. Subsection (b)(1) of the bill seeks information
on the extent of this problem and on possible solutions,
including the development of formal partnerships with field-
based nongovernmental organizations (NGOs) that permit the NGOs
to assist in refugee identification and referral.
Refugees of Special Concern to the United States. Refugee
advocates have argued that the dramatic decline in U.S. refugee
admissions in recent years have been partly due to the
Department's reluctance to make generous use of the priority
two resettlement category (groups of refugees who are of
special concern to the United States). Among groups who are not
currently considered of special concern, but who are similarly
situated to other groups that are so designated, are Afghan
women-at-risk and their dependents in Pakistan; Afghan and
Algerian victims of non-state persecutors in Germany and France
who are in danger of deportation; Sudanese ``lost boy'' refugee
minors in Ethiopia; Iraqis who have suffered torture or are
associated with the United States; and non-Albanians from
Kosovo, including Roma, Muslim Slavs, Gorani, Ashkaeli and
Turks, as well as people in mixed marriages who cannot
integrate with major, established nationality groups in the
region. Subsection (b)(2) of this section requests information
on this issue and on how more generous use might be made of the
priority two category.
Refugees in Need of Family Reunification. In recent years
the Department of State has drastically reduced its use of the
family reunification processing priorities to such a level that
in FY 2001 only six countries are designated for priority three
processing (refugees who are the spouses, parents, or unmarried
children of U.S. citizens or lawful residents) and no countries
are designated for priorities four and five (refugees who are
close relatives of U.S. citizens or lawful residents, other
than spouses, parents, and children). This has occurred at the
same time that refugee admissions have declined dramatically,
and that even reduced annual ceilings have gone unmet. For
example, there were 12,500 unused refugee admission slots in FY
2000. Subsection (b)(3) seeks information on this phenomenon
and on alterntatives for making family reunification processing
more broadly available. Such alternatives should include
broader use not only of priority three but also of priorities
four and five, particularly in circumstances where refugees
have spent extensive periods of time in refugee camps with no
immediate prospect of safe and voluntary repatriation.
Urban Refugees. At present, UNHCR reports that more than
25% of the world's refugees can be found in urban areas. Many
of these refugees are denied legal employment, education, the
most basic social services or protection from local
persecution. In many countries that are signatories to the
Refugee Convention, as well as in those that are not, local
integration is seldom a viable option. Subsection (b)(4) seeks
more information on this problem and on alternatives for
expanding resettlement opportunities for urban refugees and
others outside refugee camps, particularly those who are in
urgent need of resettlement, who are members of groups of
refugees of special concern to the United States, or who have
family ties to the United States.
Possible creation of a new priority six category for
certain ``long-stayers'' in refugee camps. While striving to
find durable solutions for refugees, including safe and
voluntary repatriation and local integration in countries of
first asylum, institutions charged with refugee protection have
come to recognize that these solutions are unavailable to many
refugees. They may therefore spend years or even decades in
refugee camps, under conditions that are always uncertain and
often quite harsh. At a time when refugee admissions have
declined, the United States should assess the possibility of
admitting those ``long stayers'' whose circumstances clearly
suggest no durable solution other than resettlement. Subsection
(b)(5) seeks the Department's assessment of this possibility.
Private voluntary agencies. Section (b)(6) seeks
information on the extent to which the Department uses private
voluntary agencies to assist in the identification of refugees
for possible admission to the United States. For decades,
private voluntary agencies contracted to the State Department
have played a central role in U.S. refugee processing
overseas--promoting refugee protection, preparing cases for INS
adjudicating officers, offering cultural orientation programs,
and working with domestic resettlement agencies to direct
refugees to the areas of the country best suited to meet their
health, employment and other needs. This process has been
essential in galvanizing public support for the refugee
program. While private voluntary agencies are still used in
some instances, recent practice raises concerns that this mode
of processing refugees abroad is no longer the preferred
approach. Instead, the Department has increasingly turned to
international organizations to perform the functions
traditionally performed by the voluntary agencies. This
subsection requests the Department's assessment of the
advantages and disadvantages of private voluntary agencies, the
reasons for any decline in their use, and alternatives for the
expanded use of such agencies.
Reception and Placement Grants. Subsection (b)(7) seeks
information on the extent to which the reception and placement
grant to agencies assisting in resettlement of refugees
(currently $740 per refugee) has kept up with the cost of
providing such services.
Estimates of Cost and Impact on Refugee Ceilings.
Subsection (b)(8) makes clear that the report should include an
assessment of the cost of each change in current practice or
procedure discussed in the report, as well as an estimate of
any likely increase in the annual refugee admission ceiling.
TITLE III--ORGANIZATION OF THE DEPARTMENT OF STATE
Subtitle A--Organizational Matters
Section 301--Comprehensive Workforce Plan.
Requires the State Department to submit to Congress a
comprehensive workforce plan within 6 months of the date of
enactment. It also requires that the Department develop within
1 year of the date of enactment a domestic staffing model to
assist in determining workforce needs in future years. The
Committee has been disappointed with the lack of progress on
workforce planning and in particular the Department's inability
to match staffing requirements to meet the policy needs of
overseas posts and Washington. This requires dramatically
improved coordination between the post mission plans, the
regional bureaus policy priorities, and the Bureau of
Personnel.
Section 302--Rightsizing Overseas Posts.
Requires the Department to establish both an internal and
an interagency task force to review issues of overseas staffing
presence. This follows through on numerous reports including
the Overseas Presence Advisory Panel report that details the
need to ``right size'' the overseas posts--which means staffing
the post to the mission. Reports on the progress of each of
these task forces are required.
Section 303--Qualifications of Certain Officers of the Department of
State.
Following previous statutory models for requiring certain
qualifications for assistant secretary level positions at the
State Department, this section requires any assistant secretary
having primary responsibility for international narcotics and
law enforcement to have substantial professional qualifications
in the fields of management and Federal law enforcement.
Section 304--U.S. Special Coordinator for Tibetan Issues.
This section requires the establishment of a Special
Coordinator for Tibetan Issues, and enumerates the duties and
responsibilities of such position.
Section 305--U.S. Special Envoy for Sudan Issues.
This section requires the State Department to appoint a
special envoy for Sudan Issues. The provision requires the
duties of such envoy to include working for a peaceful
resolution of the conflict in Sudan and an end to abuses of
human rights, including religious freedom in Sudan.
Subtitle B--Personnel Matters
Section 331--Report Concerning Retired Foreign Service Officers.
This section requires an annual report of all retired civil
service and foreign service officers who are also registered
under the Foreign Agents Registration Act as an agent of a
government of a foreign country who may have access to State
Department facilities.
Section 332--Tibetan Language Training.
This section requires the Secretary of State to make
Tibetan language training available to foreign service officers
assigned to the consulate with responsibility for Tibet.
Section 333--Travel for Dependents on Family Visitation.
This section provides foreign service families who are
separated because of an assignment to an unaccompanied post
greater flexibility in arranging authorized family visits.
Currently only the foreign service officer may travel to visit
family within a certain dollar limitation. This provision would
allow within that same cap for other family members to be
authorized to travel in order to meet on authorized family
visits.
Specifically, this provision amends section 901 of the
Foreign Service Act of 1980 to extend eligibility for Family
Visitation Travel (FVT) to family members of Foreign Service
members. Currently, section 901 authorizes FVT only for members
of the Foreign Service. This amendment would allow members
traveling on FVT to visit their children at locations other
than their home leave addresses.
Section 334--Thomas Jefferson Star.
This section changes the name of the ``Foreign Service
Star'' to the ``Thomas Jefferson Star'' in order to properly
reflect the inclusive nature of the award, which can be
presented to State Department Foreign and Civil Service
employees who are injured or gave their lives while assigned
abroad.
The ``Foreign Service Star Award'' was established by
section 321 of the Foreign Relations Authorization Act of 2000
and 2001, adding to section 36(A) ``Award of the Foreign
Service Star'' to the State Department Basic Authorities Act of
1956 (22 U.S.C. 2708a). When that legislation was presented to
the President of the Senate and the Speaker of the House on
March 22, 1999, the Foreign Service Star Award was proposed to
``remedy [a] deficiency by establishing a Foreign Service Star
for Foreign Service, Civil Service, or other civilian employees
assigned permanently or temporarily to an official mission
overseas or traveling abroad on official business who . . . are
killed or wounded in the service of diplomacy.''
The legislation makes clear that this award covers members
of the Foreign Service or Civil Service, persons hired pursuant
to personal services contracts or other agreements, Foreign
Service Nationals, or other civilian employees. The proposed
change from the ``Foreign Service Star Award'' to the ``Thomas
Jefferson Star Award'' does not affect the nature of the award,
but instead corrects the misperception that the award was
intended only for members of the Foreign Service.
Section 335--Health Education and Disease Prevention Programs.
This section amends section 904(b) of the Foreign Service
Act of 1980, as amended (22 U.S.C. 4084) so that the Department
of State may better allow its medical professionals to provide
counseling and educational materials to locally engaged staff
for diseases to which they are exposed but that may not be
attributable to the workplace. The Department of State Office
of Medical Services (MED) currently provides on-the-job illness
and injury services for locally engaged staff. The added
legislation would clarify that when it is in the interest of
the U.S. Government, U.S. Government medical professionals can
provide health information and counseling.
Section 336--Training Authority.
This section repeals the scheduled termination of certain
Departmental authorities with respect to training at the
Foreign Service Institute. Section 701 of the Foreign Service
Act of 1980 (22 U.S.C. 4021), as recently amended, authorizes
the Secretary to provide, on a reimbursable or advance-of-funds
basis, appropriate training and related services at the
institute to employees of United States companies that do
business abroad, and to family members of such employees, when
such training is in the U.S. national interest, and further
authorizes the Secretary to provide, on a reimbursable basis,
training programs to Members of Congress or the Judiciary and
employees of the legislative and judicial branches. This
provision makes the pilot program permanent.
Section 337--Foreign National Retirement Plans.
This section amends section 408 of the Foreign Service Act
(22 U.S.C. 3968) to explicitly authorize the Department of the
Treasury to hold foreign national retirement funds and
accumulated interest. Section 408 provides that the employees
hired by the Department and other agencies overseas are
compensated based on prevailing wage rates and compensation
practices to the extent consistent with public interest. In
particular, section 408 explicitly provides the authority for
such agencies and their locally engaged staff to make payments
to a trust or other fund in a financial institution in order to
finance future benefits for such staff.
The Department believes that having the Department of
Treasury act as a financial institution to hold the funds
contributed by the agencies and their locally engaged staff
(i.e., the funds contributed based on prevailing practice or
the funds voluntarily contributed by the locally engaged staff)
would provide a safe and secure means of ensuring the overseas
staff's retirement needs are adequately met.
The State Department has been working on this proposal with
the Department of Treasury, and, in order to hold these funds,
the Department of the Treasury requires specific statutory
authority clarifying that Treasury can hold the funds, that the
Secretary of State may administer these funds on behalf of the
persons compensated under section 408 (including persons hired
pursuant to personal service contracts or agreements and
persons hired by other agencies) and that the funds may be
invested in public debt obligations. The amendment provides the
explicit authority to retain dividends, as well as interest, in
a fund to be established for voluntary contributions by
locally-engaged staff world-wide. It also permits the
Department the possibility of offering locally engaged staff a
voluntary savings plan with a greater range of investment
opportunities to mirror, to the extent practicable, the Thrift
Savings Plan.
Section 338--Presidential Rank Awards.
This section amends section 405(b)(3) of the Foreign
Service Act of 1980, as amended (22 U.S.C. 3965 (b)(3)).
Recently, the civil service Senior Executive Service award
program was changed to permit the top cash awards to be
determined by a percentage of base pay. The top Senior Foreign
Service awards currently are capped at $10,000 and $20,000
levels. This section would change the Foreign Service
Presidential rank awards caps to match the similar Senior
Executive Service percentages of 20% and 35%.
Section 339--Emergency Medical Advance Payments.
This section amends section 5927 of title 5, U.S.C. to
extend current authority to give salary advances for medical
emergencies to persons hired locally under personal service
contracts or agreements and foreign national employees of non-
foreign affairs agencies.
In the Foreign Relations Authorization Act, FY 2000 and
2001, the Department and other agencies received the authority
to advance up to 3 months' pay to an employee assigned or
located outside of the United States on Government
authorization (i.e., on temporary duty), when the employee or
family member must undergo certain medical treatments abroad.
The authorization language, however, unintentionally excluded
certain categories of employees, including persons hired
pursuant to personal service agreements or contracts as well as
foreign nationals employed by non-foreign affairs agencies
appointed under authority of title 5. This section extends to
foreign national employees and non-family member United States
citizen employees hired abroad when such individuals need
medical care while they are located outside their country of
employment on U.S. Government authorization.
Section 340--Unaccompanied Air Baggage.
This section amends current law which authorizes the
educational travel benefit in regard to unaccompanied air
baggage. It would allow dependent children of Foreign Service
members who attend school in the United States the option of
leaving their belongings in short-term commercial storage in
the United States, if there is no additional cost, instead of
shipping their baggage to post.
Section 341--Special Agent Authorities.
Expands protective function of the Diplomatic Security
Service to cover not only the Secretary of State and a person
who is designated to be Secretary of State by the President,
but also the designee of a President-elect who has not yet
taken office.
Section 342--Report Concerning Minority Employment.
This section requires a report on the status of minority
recruitment and promotion efforts in the Department of State
for both the Civil and Foreign Service. It is similar to a
provision adopted in the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999, and adds information regarding
recruitment and promotion of the Civil Service to the
preexisting provision. The Committee also believes that data
must be made available on the promotion of qualified incumbent
minority professionals.
Section 343--Use of Funds Authorized for Minority Recruitment.
This section addresses questions regarding minority
recruitment but in the context of how funds specifically
designated by this act for such recruitment should be used.
343(a)--Conducting Recuritment Activities. This section
provides that amounts authorized for minority recruitment under
section 101(1)(B)(iii) shall be used only for activities
directly related to minority recruitment. Salaries of employees
involved in recruitment efforts are not to be counted toward
that amount.
343(b)--Recruitment Activities at Academic Institutions.
This section provides that the State Department must expand its
recruitment efforts to 25 percent of Historically Black
Colleges and Universities and 25 percent of Hispanic-serving
institutions, as defined by law.
343(c)--Evaluation of Recruitment Efforts. This section
requires the Secretary to establish a database relating to
efforts to recruit members of minority groups into the Foreign
and Civil Service and to report on the evaluation of efforts to
recruit such individuals.
The Committee continues to be very concerned with regard to
progress at the Department in recruiting and promoting members
of minority groups to serve in the Foreign and Civil Service.
Diversity in the work place can only help enhance the
diplomatic power of the United States by bringing a broader
range of viewpoints and cultural backgrounds into the
Department. The Department has not made enough progress in this
area, and the Committee wishes to underscore that the
Department has one of the worst records among Federal agencies
in terms of Hispanic recruitment and promotion. This provision
is intended to enhance the Department's ability to recruit
members of minority groups by dedicating funds allocated for
minority recruitment to activities directly related to such
recruitment. Moreover, the Committee believes that the
Department should enhance its recruiting efforts at
Historically Black Colleges and Universities and Hispanic-
serving institutions. While the Committee understands that the
Department is recruiting at some of these institutions, the
Committee believes that these efforts should be expanded, with
the goal of reaching out to a much greater percentage of such
institutions.
In addition, the Committee is concerned that the Department
does not keep track of its recruitment efforts to determine
their effectiveness. This failure sends a disturbing signal
that the Department may not be taking its current efforts
seriously. The Committee therefore believes that the Department
should keep records, to the extent practicable, regarding the
members of minority groups it has recruited or tried to
persuade to join the Department's work force during its
recruiting activities, and endeavor to determine whether such
persons applied to or became employed by the Department.
Improved results can be established only through reasonable and
systematic record keeping that clearly and definitively
measures the performance and outcomes of recruitment efforts.
While the Department is to be lauded for programs in place that
are minority-focused, the results of these programs have yet to
be measured. The Department must be able to report to Congress
concrete outcomes of its recruitment efforts. For example, the
Department must find a way to show how many candidates were
recruited who passed the written or oral exams, and, of those,
how many ultimately were hired by the Department. The
Department should be precise in establishing which activities
have obtained results in terms of recruitment and promotion of
minorities. Mere participation of minority individuals in a
program does not constitute an adequate measure of that
program's effectiveness.
The Committee understands, however, that while recruitment
must focus on such institutions as Historically Black Colleges
and Universities and Hispanic-serving institutions and other
similarly-designated institutions, the Department must also
recruit members of minority groups at other institutions of
higher learning throughout the United States.
TITLE IV--U.S. EDUCATIONAL AND CULTURAL PROGRAMS
Section 401--Extension of Requirement for Scholarships for Tibetans and
Burmese.
This section extends the authorization for the exchange and
scholarship programs for Tibetan and Burmese exiles (contained
in Public Law 104-319, the Human Rights, Refugee, and Other
Foreign Relations Provisions Act of 1996) through fiscal years
2002 and 2003.
Section 402--Nonprofit Entities for Cultural Programs.
This provision provides a mechanism for the private sector
to provide funds for international education and arts programs
of the State Department. The purpose of this provision is to
encourage private donations for such programs to make up for
the decline of almost 70% in appropriated funds for arts
programs since 1990. These activities have the strong support
of ambassadors and the American international arts community.
Cultural diplomacy, especially the presentation abroad of the
finest of America's creative, performing and visual arts can
advance U.S. interests.
The Department already has authority under section 105(f)
of the Mutual Educational and Cultural Exchange Act of 1961, as
amended, to accept private donations of funds, property, and
services. This section would amend section 105(f), 22 U.S.C.
2255(f), to expressly authorize the establishment of private,
nonprofit entities which could accept such donations and better
encourage participation and support by the U.S. private sector
for cultural programs abroad. The Secretary of State would be
authorized to make such arrangements as would be necessary to
carry out the purposes of these entities, including the
solicitation and receipt of funds and designation of members of
boards.
Section 403--Fulbright-Hays Authorities.
This provision amends subsection 112(d) of the Mutual
Educational and Cultural Exchange Act of 1961, as amended
(``Fulbright-Hays Act''), to affirm the Bureau of Educational
and Cultural Affairs longstanding practice of administering
programs that promote the purposes of Fulbright-Hays but
operate under other statutory authorities.
Section 112(d) of the Fulbright-Hays Act provides that the
Bureau shall administer no programs except those operating
under the authority of this act and consistent with its
purposes. However, the Bureau administers programs authorized
and appropriated pursuant to statutes other than Fulbright-
Hays, such as the Freedom Support Act, the Foreign Assistance
Act of 1961 (Economic Support Funds), and the SEED Act. While
certain of these statutes reference the Fulbright-Hays Act,
others do not. This provision makes clear that such programs
are lawful so long as they promote the purposes of the
Fulbright-Hays Act.
Section 404--Ethical Issues in International Health Research.
This section provides that the Secretary shall make
available funds for public diplomacy and exchanges for
activities to provide opportunities to researchers in
developing countries to obtain scholarships and otherwise
participate in activities related to ethical issues in human
subject research. In December 2000 a series of articles in the
press described violations of ethical standards of clinical
research in overseas human subjects research. In virtually all
world regions, researchers documented instances where drugs too
risky for trials in the U.S. were tested on uninformed human
subjects. In other examples, patients were not properly
informed and had not given consent to participate in the
studies.
While the boom in pharmaceutical research has resulted in
enormous strides bringing new prevention and treatment
medicines to millions of individuals, the ethical morass
surrounding overseas research is far too troubling to ignore.
In January 2001, the Department of Health and Human Services
established a new office to oversee U.S.-funded medical
research on foreign patients and address ethical problems
raised by conducting research in developing countries. Other
governmental, academic, and public organizations are developing
ways to manage the burgeoning industry of research-related
companies that do nothing but profiteer from patient
recruitment. Recently, the National Advisory Committee on
Bioethics issued a draft report on ethical and policy issues
involving human participants, including internationally, and
will be seeking public comment shortly.
Effective mechanisms do not exist to oversee the vast
number of studies emerging as a result of the globalization of
drug testing and will require many years to develop. In the
meantime, it is imperative that researchers in poor countries
are trained in international ethical standards governing
clinical research. This provision will allow these researchers
opportunities to participate in forums, conferences, and
seminars where ethical issues in international health research
are shared with participants from all world regions.
TITLE V--U. S. INTERNATIONAL BROADCASTING ACTIVITIES
Section 501--Eliminating Staff Positions for the Advisory Board for
Cuba Broadcasting.
This section eliminates the position of Staff Director for
the Advisory Board for Cuba Broadcasting and allows for any
savings from the elimination of this position to be available
for broadcasting to Cuba.
Section 502--Reports on Broadcasting Personnel.
Requires not later than 3 months after enactment, and every
3 months thereafter for fiscal years 2002 and 2003 the
Broadcasting Board of Governors shall submit a report on its
efforts to diversify the workforce at the Broadcasting Board of
Governors.
Section 503--Personal Services Contracting Pilot Program.
This section provides the Broadcasting Board of Governors
the authority to implement a 4-year pilot program to use
personal services contracts in the U.S. to employ individuals
in the International Broadcasting Bureau and the Voice of
America. This authority will provide greater flexibility to the
Board in its employment practices. Recent international events
have required the broadcast services to quickly increase the
hours of broadcasts. Since these demands are episodic, it would
be useful to be able to respond with personnel who are employed
for a fixed period of time and on an ``as needed'' basis. This
limited authority to hire up to 50 personal services
contractors as broadcasters, producers or writers would enhance
the agency's responsiveness to crises and support existing
broadcasts while there is a limited authority to grant
extensions to existing contracts past the termination of the
authority on December 31, 2005, it should be used sparingly for
essential employees and should not grant extensions past July
31, 2006.
Section 504--Pay Parity For Senior Executives of Radio Free Europe/
Radio Liberty.
This section addresses an issue of pay parity of Radio Free
Europe/Radio Liberty managers when compared to their civil
service counterparts. Section 308(h)(1)(A) of the International
Broadcasting Act provides that RFE/RL grant funds may not be
used ``to pay any salary or compensation in excess of the rate
of pay payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.'' This provision
has been interpreted as placing a cap on the salaries of senior
managers at the rate of pay for Executive Level IV, exclusive
of locality pay. RFE/RL senior managers are not Federal
employees and are not covered under the Federal Employee Pay
Comparability Act of 1990 which provides for locality
adjustments in certain high-cost areas. This amendment makes up
to two senior managers eligible to receive a salary benefit
equivalent to the comparable Senior Executive Service salary
with locality pay.
Section 505--Repeal of Ban on U.S. Transmitter in Kuwait.
This section repeals section 226 of the Foreign Relations
Authorization Act Fiscal Years 1994 and 1995 (P.L. 103-236)
that prohibits the expenditure of funds for the design,
development, or construction of a U.S. transmitter in Kuwait.
The Kuwait Transmitting Station is an ideal location from which
to broadcast to China, Southeast Asia, Russia, Central and
South Asia, the Middle East, Eastern Europe, and Africa. The
current station provides VOA with medium wave transmission to
Iraq, Iran and the Gulf Region of the Middle East. This repeal
would allow the building of a short-wave transmission facility
at this site.
TITLE VI--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
Section 601--United Nations Arrears Payments and Reform.
The provision makes changes to the United Nations Reform
Act of 1999 authorizing the payment of U.S. arrearages to the
United Nations. The principal effect of the amendment is to
allow a second arrearage payment of $582 million to be made to
the United Nations immediately. The provision also makes other
changes to existing law that are necessary to release the
arrearage payments authorized by the United Nations Reform Act.
The rationale for making these changes is that Ambassador
Holbrooke succeeded last year in negotiating a reduction in the
percentage of the regular United Nations budget paid by the
United States (from 25% to 22%), and as part of this bargain
the United States is obligated to release the arrearage
payments authorized by the United Nations Reform Act. Specific
changes to the United Nations Reform Act made by this provision
include:
LPartial lifting of the statutory cap on the
percentage of the United Nations peacekeeping budget
paid by the United States (from 25% to 28.15% for 2
years).
LModification of the mechanism for releasing
the third arrearage payment of $244 million, so that
funds can be released to individual United Nations-
affiliated organizations as they make the reforms
mandated by the United Nations Reform Act (rather than
holding up all funds until all such organizations make
the reforms).
This subsection amends section 6 of the United Nations
Participation Act of 1945 to eliminate any suggestion in that
provision of law that Congress encourages the President to
negotiate an agreement with the United Nations Security Council
in accordance with Article 43 of the Charter of the United
Nations. Such an agreement would provide for making specific
elements of the United States Armed Forces available to the
Security Council on its call for peace enforcement operations.
The revised section 6 retains the requirement contained in the
existing section 6 that any such agreement negotiated by the
President with the Security Council must be approved by
Congress by appropriate act or joint resolution before it may
take effect.
Section 602--Travel by Advisory Committee Members to Great Lakes
Fishery Commission Annual Meeting.
This section makes a change to the Great Lakes Fishery Act
of 1956 to increase the number of government officials
permitted to travel to the annual meeting from 5 to 10.
This section is needed to reflect a change in the meeting
structure for the Great Lakes Fisheries Commission (GLFC),
which promotes environmental protection and economic
development among the Great Lakes member states and Canada.
When section 4 of the Great Lakes Fisheries Act of 1956 was
originally enacted, the GLFC held two annual meetings per year
with five members of the Great Lakes Fisheries Advisory
Committee attending each meeting. The GLFC now holds only one
annual meeting. This provision will permit the State Department
to fund the travel of up to 10 members of the advisory
committee to the one annual meeting.
Section 603--U.S. Policy on Composition of U.N. Human Rights
Commission.
This section addresses a vital concern regarding the U.N.
Commission on Human Rights. The Commission has important
debates on critical human rights issues, and has been a useful
forum for both governments and nongovernmental organizations to
express their views regarding human rights concerns. However,
if this forum is to be taken seriously, it cannot be a forum
for human rights violators to manipulate the debate and voting
process in their favor. At a minimum any country that serves on
the Commission should be open to any visit from a U.N. official
or rapporteur or from representatives of nongovernmental human
rights organizations. In future selections for the Commission,
the Committee believes that the United States should work to
ensure that this principle is a key consideration for all
countries.
Section 604--U.S. Membership in the International Organization for
Migration.
This provision gives United States assent to several recent
amendments to the charter of the International Organization for
Migration (IOM). According to the IOM charter, such amendments
cannot go into effect without the assent of a two-thirds
majority of member states. One of the amendments to which this
provision gives assent will permit minor amendments to be made
by the IOM governing body, but will continue to require the
assent of member states to fundamental amendments.
Section 605--Report Relating to Commission on Security and Cooperation
in Europe.
This section rewrites and updates a current reporting
requirement of the Department of State to the Commission on
Security and Cooperation in Europe.
Section 606--Reports to Congress on United Nations Activities.
This section makes technical changes to several existing
reporting requirements relating to the United Nations. The
section deletes a requirement that the Secretary of State
transmit United Nations Security Council resolutions to
Congress within 3 days of their adoption, in recognition of the
fact that these resolutions are now immediately available to
the public on the internet. The section also consolidates two
separate reporting requirements on United States assistance to
international organizations into one annual reporting
requirement. Finally, the section streamlines an existing
reporting requirement regarding United States assistance to
United Nations peacekeeping operations.
TITLE VII--MISCELLANEOUS PROVISONS
Section 701--Amendments to the Iran Nonproliferation Act of 2000.
This section makes two technical amendments to the Iran
Nonproliferation Act of 2000. The first amendment revises
section 2 of such act to require that reports submitted to
Congress pursuant to section 2(a) of the act contain, in
addition to the other matters specified in section 2, a brief
description of certain relevant facts and circumstances
surrounding each transfer that results in a person being
identified in a report pursuant to section 2(a).
The Committee anticipates that this amendment will increase
the usefulness of the reports submitted to Congress pursuant to
the act by making them more comprehensible to readers in both
the Executive branch and in Congress.
The second amendment eliminates a technical error in
section 5(a)(2) of the act. This error has resulted in certain
persons being exempted from application of the act because,
even though they transferred conventional weapons to Iran that
made a material contribution to Iran's conventional weapons
capability, the transfer did not also make a material
contribution to Iran's ability to produce or deliver weapons of
mass destruction. The amendment ensures that persons making
such conventional weapons transfers to Iran cannot be exempted
from application of the measures in the act pursuant to section
5 of the act unless one of the other grounds for exemption set
forth in section 5 is satisfied.
Section 702--Amendments to the North Korea Threat Reduction Act of
1999.
This section makes a technical change at two places in the
North Korea Threat Reduction Act of 1999. The effect of the
amendments is to clarify the intent of Congress that no nuclear
goods or technology controlled on the Export Trigger List of
the Nuclear Suppliers Group may be transferred to North Korea
from the United States unless a determination and report to
Congress pursuant to such act has been submitted, and all other
applicable requirements of United States law have been
satisfied. The Committee understands that the transfer from the
United States of goods and technology on the Export Trigger
List is already subject to the requirements of the Atomic
Energy Act relating to the negotiation and implementation of an
agreement for cooperation with the government of a country to
which such goods or technology are to be transferred.
Section 703--Amendments to the International Religious Freedom Act of
1998.
This provision includes several technical and substantive
amendments to sections of the International Religious Freedom
Act of 1998 (IRFA) dealing with the United States Commission on
Religious Freedom. The provision reflects the Committee's deep
appreciation of the work of the Commission and the need for
such work to continue in the future.
703(a)--Repeal of Termination of Commission. This section
repeals section 209 of the IRFA, which provides for a
``sunset'' of the Commission.
703(b)--Authorization of Appropriations. This section
authorizes an appropriation of $3,000,000 for the Commission in
each of fiscal years 2002 and 2003.
703(c)--Election of Chair of Commission. This section
provides that the Commission shall elect its chair at the first
meeting after May 30 of each calendar year, rather than at the
first meeting of each year, in order to correspond with the
issuance of the Commission's annual report in June of each
year.
703(d)--Procurement of Nongovernmental Services. This
section amends an unduly burdensome restriction on Commission
procurement procedures to apply such restriction only to
procurements in excess of $75,000. The current provision, which
restricts all procurement to government sources, effectively
prohibits the Commission from procuring some goods and services
that are essential to its work. For instance, under the current
provision the Commission could not pay a nongovernment expert
on Buddhism to prepare for the Commission an analysis of the
various schools of Buddhism in Southeast Asia and why one is
favored over another in Burma). There is value in using
government sources when possible, but it is not practical in
all cases. The $75,000 cap will provide the necessary
flexibility while retaining the benefits of government sources
for major .
703(e)--Donation of Services. This section will allow the
Commission to accept donations of services, such as analysis by
a foreign policy or religion experts, which could be extremely
helpful to its work.
703(f)--Establishment of Staggered Terms. This section
provides for staggered terms for Commissioners, so as to
guarantee a measure of continuity and the preservation of
institutional memory on the Commission.
Section 704--Continuation of U.S. Advisory Commission on Public
Diplomacy.
This section authorizes the U.S. Advisory Commission on
Public Diplomacy for 4 years, through fiscal year 2005. Sec.
404 of PL 106-113 terminated the Commission at the end of
fiscal year 2001. The Committee appreciates the work of the
Commission and has decided to extend its authorities.
Section 705. Participation of South Asia Countries in International Law
Enforcement Academies.
This section provides that the Secretary of State shall
ensure, where practicable, that appropriate government
officials from countries in the South Asia region shall be
eligible to attend courses at the International Law Enforcement
Academies located in Bangkok, Thailand, and Budapest, Hungary,
consistent with other provisions of law, with the goal of
enhancing regional cooperation in the fight against
transnational crime.
The Committee is aware of the limitations on space and
openings for training at the ILEAs, as well as the capacity to
translate training lectures into additional languages. However,
in light of the growing threat posed by transnational crime in
South Asia, particularly involving narcotics, sex trafficking
and international terrorism, and considering the growing
importance of South Asia to U.S. national security and economic
interests, the Committee hopes that the South Asian nations of
Pakistan and India will be given primary consideration for
these ILEAs where it could serve to enhance regional
cooperation in areas such as terrorism and drug trafficking. In
addition, secondary consideration should be given to including
Nepal, to the extent practicable, in light of that country's
increased role as a transit point for narcotics and its
continuing problems with trafficking in human beings.
Subtitle B--Sense of Congress Provisions
Section 731--Sense of Congress Relating to HIV/AIDS and U.N.
Peacekeeping Operations.
Expresses a sense of Congress that the President should
direct the Secretary of State and the U.S. Representative to
the U.N. to urge the U.N. to adopt an HIV/AIDS mitigation
strategy as a component of U.N. peacekeeping operations.
Section 732--Sense of Congress Relating to HIV/AIDS Task Force.
Expresses a sense of Congress that the State Department
should create an interagency task force to coordinate
government agency international activities on HIV/AIDS.
Section 733--Sense of Congress Condemning the Destruction of Statues in
Afghanistan.
Expresses a sense of Congress that condemns the Taliban's
destruction of the pre-Islamic statues and calls upon the
Taliban to allow U.N. organizations access to Afghanistan to
survey the damage and facilitate restoration and preservation
of remaining statues.
Section 734--Sense of Congress Relating to the Taiwan Strait Issue.
Expresses a sense of Congress that Taiwan is a democracy
and it is the policy of the U.S. that a resolution of the
Taiwan Strait issue must be peaceful and include the assent of
the people of Taiwan.
Section 735--Sense of Congress Relating to Drinking Water in
Bangladesh.
Expresses a sense of Congress that the Secretary of State
should work with appropriate U.S. government agencies to
identify a long term solution to the arsenic-contaminated
drinking water problem in Bangladesh.
Section 736--Sense of Congress Relating to Display of the American Flag
at AIT.
Expresses a sense of Congress that the American Institute
in Taiwan should display the American flag.
Section 737--Sense of Congress Regarding Human Rights Violations in
West Papua and Aceh.
Expresses a sense of Congress expressing a deep concern
over ongoing human rights violations committed by the
Indonesian military and police forces against civilians in West
Papua and Aceh, as well as over violence by militias and other
in Maluku, Central Kalimantan, and elsewhere in Indonesia.
Section 738--Sense of Congress Supporting Properly Conducted Elections
in Kosova During 2001.
Expresses a sense of Congress that the U.N. Mission in
Kosova should hold properly conducted elections throughout
Kosova during 2001.
Section 739--Sense of Congress Relating to Policy Review of Relations
with the People's Republic of China.
Expresses a sense of Congress that the President of the
U.S. and his advisors should be commended for their success in
negotiating the return of the 24 American crew members of the
U.S. Navy reconnaissance aircraft that made an emergency
landing on the Chinese island of Hainan on April 1, 2001 and
that the U.S. should review its policy with respect to China in
light of this and other recent events.
Section 740--Sense of Congress Relating to Broadcasting in the
Macedonian Language by Radio Free Europe.
Expresses a sense of Congress that Radio Free Europe should
broadcast in the Macedonian language to Macedonian-speaking
areas of the Former Yugoslav Republic of Macedonia.
Section 741--Sense of Congress Relating to Magen David Adom Society.
Expresses a sense of Congress that the International
Committee of the Red Cross should immediately recognize the
Magen David Adom Society.
Section 742--Sense of Congress Urging the Return of Portraits Painted
by Dina Babbitt.
Expresses a sense of Congress urging the President and the
Secretary of State to make all efforts necessary to retrieve
the seven watercolor portraits painted by Dina Babbitt that are
held by the Auschwitz-Birkenau State Museum.
Section 743--Sense of Congress Regarding Vietnamese Refugee Families.
Expresses a sense of Congress that Vietnamese refugees who
served substantial sentences in re-education camps on account
of their wartime associations with the United States should be
permitted to bring their unmarried sons and daughters when
resettled in the United States. These family members are the
subject of the ``McCain Amendment,'' most recently re-enacted
as section 255 of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and
2001. Unfortunately, this amendment has not yet been fully
implemented and has been interpreted to exclude certain
unmarried sons and daughters whose parents were accepted for
admission to the United States prior to April 1, 1995. The
Committee believes a further extension and expansion of the
McCain amendment will be necessary in order to complete the
important work of reunifying these refugee families.
Section 744--Sense of Congress Relating to Membership of the U.S. in
UNESCO.
Expresses a sense of Congress that the President should
take all necessary steps to renew the membership of the U.S. in
the United Nations Educational, Scientific and Cultural
Organization (UNESCO).
Section 745--Sense of Congress Relating to Global Warming.
Expresses a sense of Congress that the U.S. should: take
action to ensure significant and meaningful reductions in
emissions of carbon dioxide and other greenhouse gases from all
sectors and continue negotiations to complete the rules and
guidelines for the Kyoto Protocol in a manner that ensures the
environmental integrity of the protocol.
This section makes a series of findings regarding global
warming which discuss the nature and pace of global climate
change, the contribution of human activities to global climate
change and its scientific basis, the impact of global climate
change on the world economy and environmental situation, the
provisions of the United Nations Framework on Climate Change,
and the role of American businesses in responding to global
climate change and producing more efficient and renewable
energy sources. The section also expresses the sense of
Congress that the United States should demonstrate
international leadership in mitigating the health,
environmental and economic threats posed by global warming.
Specifically, the U.S. should (1) take responsible action to
ensure significant and meaningful reductions in emissions of
carbon dioxide and other greenhouse gases from all sectors; and
(2) continue to participate in international negotiations with
the objective of completing the rules and guidelines for the
Kyoto Protocol in a manner that is consistent with the
interests of the United States and that ensures that
environmental integrity of the protocol.
Section 746--Sense of Congress Regarding the Ban on Sinn Fein Ministers
from the North-South Ministerial Council in Northern Ireland.
Expresses a sense of Congress which calls upon First
Minister David Trimble to adhere to the terms of the Good
Friday Agreement and lift the ban on Sinn Fein Ministers from
participating in the North-South Ministerial Council.
Title VIII--SECURITY ASSISTANCE
Subtitle A--Military and Related Assistance
Chapter 1--Foreign Military Sales and Related Authorities
Section 811--Quarterly Report on Price and Availability Estimates.
This section amends chapter 2 of the Arms Export Control
Act to require quarterly reports to the Congress which provide
price and availability information on possible arms sales to
foreign countries. The furnishing of this additional
information through this report will assist the Committee in
its statutory role of providing oversight of arms transfers.
Section 812--Official Reception and Representation Expenses.
This section amends section 43(c) of the Arms Export
Control Act to increase the annual limit on the amount of funds
that may be expended for official reception and representation
expenses under the AECA from $72,500 to $86,500. Reception and
representational expenses are an important part of successfully
conducting security assistance programs. Since 1993, the amount
authorized for these expenses has remained at the same
ceiling--$72,500. Since 1993, an additional 33 Security
Assistance Offices have been opened. These new offices are in
countries where the primary relationship with the U.S.
government for any aid is through the Foreign Military
Financing Program, the International Military Education and
Training Program, or through the transfer of excess defense
articles.
Section 813--Treatment of Taiwan Relating to Transfers of Defense
Articles and Services.
This section requires that Taiwan shall be treated as the
equivalent of a major non-NATO ally for the purposes of the
transfer or potential transfer of defense articles or defense
services under the Arms Export Control Act, the Foreign
Assistance Act or any other provision of law.
Section 814--United States Policy with Regard to Taiwan.
This section requires the President, or his designee, to
consult at least once each calendar year with representatives
of the armed forces of Taiwan, at not less than the level of
Vice Chief of the General Staff, concerning the nature and
quantity of defense articles and services to be made available
to Taiwan in accordance with section 3(b) of the Taiwan
Relations Act. These consultations shall take place in
Washington, DC. This section also requires the President to
consult, on a classified basis, with the Congress at least 30
days prior to his, or his designees', consultations with Taiwan
regarding the availability of defense articles and services for
Taiwan. The consultations with Congress shall include the
following matters: (1) the request by Taiwan to the United
States for the purchase of defense articles and services; (2)
the President's assessment of the legitimate defense needs of
Taiwan taking into account Taiwan's request for defense
articles and services; and (3) the decision-making process used
by the President to consider such request.
Chapter 2--Excess Defense Article and Defense Drawdown Authorities
Section 821--Excess Defense Articles for Certain European and Other
Countries.
This section authorizes that funds of the Department of
Defense may be expended for the provision of excess defense
articles under section 516 of the Foreign Assistance Act of
1961 to Albania, Bulgaria, Croatia, Estonia, the Former
Yugoslavia Republic of Macedonia, Georgia, Kyrgyzstan, Latvia,
Lithuania, Mongolia, the Philippines, Slovakia, and Uzbekistan.
Most Central and Southern European and Newly Independent States
countries urgently seek excess defense articles to replace
former Soviet equipment as both a political statement and as a
way to enhance interoperability with NATO. In addition, certain
countries, such as Estonia, Latvia, and Lithuania, continue to
require excess defense articles as they build their defense
forces from very low levels. Unfortunately, most of these
countries cannot afford packing, crating, handling and
transportation costs associated with excess defense article
transfers as they convert to market economies. Without the
authority of this section, the excess defense article program
becomes virtually unavailable to these countries.
Section 823--Leases of Defense Articles for Foreign Countries and
International Organizations.
This section modifies section 61(b) of the Arms Export
Control Act to provide authority to the President to enter into
leases for defense articles from the stocks of the Department
of Defense for fixed periods of time longer than years in
instances where the defense articles require major
refurbishment work prior to delivery to the lessor foreign
country or international organization. The intent of this
section is to allow the recipient of the leased defense article
to have 5 years of actual use of the leased article. This
section is necessary because over the past few years several
NATO allies have sought to use leases of U.S. military fighter
aircraft, ships and tanks that need major refurbishment as an
economical and expeditious way to acquire modern defense
capabilities to meet their defense requirements. Such major
refurbishment work may take 18 months or more. It is the
Committee's expectation, however, that no matter how long the
requirement for such work, the length of the lease is not to
exceed 5 years once the defense article is put to beneficial
use by the recipient.
Section 823--Priority with Respect to Transfer of Excess Defense
Articles.
This section amends section 516(c)(2) of the Foreign
Assistance Act to require that the Philippines, along with
other eligible countries pursuant to the section, receive
priority with respect to the delivery of excess defense
articles.
Chapter 3--Nonproliferation and Export Control Assistance
Section 831--International Counterproliferation Education and Training.
This section amends chapter 9 of the Foreign Assistance Act
to authorize the President to provide education and training to
foreign governmental and military personnel for the purpose of
enhancing the nonproliferation and export control capabilities
of such personnel through their attendance in special courses
of instruction in the U.S. This section is modeled on the
authorities under which international military education and
training is provided. It is the Committee's intention to work
with the Administration and other interested Committees in the
Congress as this legislation moves through the legislative
process to ensure that this authority is complementary to
programs currently being run by the Departments of Defense and
Commerce.
Section 832--Annual Report on the Proliferation of Missiles and
Essential Components of Nuclear, Biological, and Chemical
Weapons.
This section consolidates four existing reporting
requirements into one annual report on the proliferation of
missiles and nuclear, biological and chemical weapons.
Section 833--Five-Year International Arms Control and Nonproliferation
Strategy.
This section requires the Secretary of State to prepare and
submit to the Congress a strategy that outlines a 5-year plan
for curtailing the international proliferation of nuclear,
chemical and biological weapons and ballistic missiles along
with the goals and objectives of U.S. arms control and
nonproliferation policy, including the specific programs and
activities the Department of State intends to utilize to
accomplish such objectives.
Subtitle B--Strengthening the Munitions Licensing Process
Section 841--License Officer Staffing.
This section requires that not less than $10,000,000 for
each of fiscal years 2002 and 2003 be made available for the
Office of Defense Trade Controls (ODTC) of the Department of
State for salaries and expenses. Furthermore, this section also
requires the Secretary of State to assign to ODTC a sufficient
number of license review officers to ensure that the average
weekly caseload for each officer does not exceed 40 cases.
Further this section states that the Secretary of Defense
should ensure that 10 military officers are continuously
detailed to ODTC on a nonreimbursable basis.
Section 842--Funding for Database Automation.
This section requires that not less than $4,000,000 in each
of fiscal year 2002 and 2003 be made available to ODTC for the
modernization of information management systems.
Section 843--Information Management Priorities.
This section requires that not less than $3,000,000 of the
funds made available for each fiscal year in Sec. 842 shall be
used to fully automate the Defense Trade Application System in
order to establish a secure, Internet-based system for the
filing and review of applications for munitions list items. The
Committee provides this funding with the expectation that ODTC
should provide a date certain for establishing such an
automated system.
Section 844--Improvements to the Automated Export System.
This section requires the Secretary of Commerce, with the
concurrence of the Secretary of State and Secretary of
Treasury, to publish regulations in the Federal Register which
require mandatory filing through the Automated Export System
(AES) the remainder of exports that were not covered by
regulations issued pursuant to section 1252(b) of the Security
Assistance Act of 1999 (as enacted into law by section
1000(a)(7) of Public Law 106-113). This section also requires
the Secretary of State to conclude an information sharing
arrangement with the United States Custom Service and the
Census Bureau to adjust the AES to parallel information
currently collected by the Department of State. Further this
section amends the appropriate sections of U.S. Code to provide
for civil and criminal penalties for failure to file export
information. The Committee understands that the Census Bureau
requires sufficient funding to implement these requirements and
accordingly, when the Committee considers the Export
Administration Act it will provide $6.7 million for fiscal year
2002 for these purposes. The Committee urges the Secretary of
Commerce, Secretary of Treasury and the Director of National
Institute of Standards and Technology to provide the
certification required under section 1252(c) of the Security
Assistance Act of 1999 (as enacted into law by section
1000(a)(7) of Public Law 106-113) in order that regulations may
be published pursuant to section 1252 to require Shippers'
Export Declarations to be filed through the AES with respect to
exports of items on the U.S. Munitions List or the Commerce
Control List. The Committee urges the Department of Commerce,
as it works to promulgate those regulations, to prepare such
regulations to include the requirements of this section, i.e.,
mandatory filing through AES for the remainder of exports.
Section 845--Congressional Notification of Removal of Items from the
Munitions List.
This section requires the President to provide 30 day's
notice to the Congress pursuant to section 634A(a) of the
Foreign Assistance Act of 1961 of any items proposed to be
removed from the munitions list. The Defense Trade Security
Initiative calls for a review of the munitions list every 4
years. The Committee understands that the Administration is
currently reviewing a portion of the list to determine if items
warrant removal from the list. Given past instances of
notifying the Congress pursuant to current statute when the
Congress was not in session or otherwise unable to review
appropriately the proposed list revisions, the Committee
believes it is warranted to institute this new practice of
making such proposals subject to reprogramming and hold
authorities.
Section 846--Congressional Notification Thresholds for Allied
Countries.
This section modifies authorities in the Arms Export
Control Act by increasing monetary thresholds which trigger
congressional notifications for arms transfers (retransfers,
government-to-government, commercial and leases) to countries
which are members of the North Atlantic Treaty Organization
(NATO) or Australia, Japan, or New Zealand. The monetary
thresholds triggering congressional notifications have not been
modified since 1981 and accordingly, the Committee believes
these adjustments are warranted.
Subtitle C--Authority to Transfer Naval Vessels
Section 851--Authority to Transfer Naval Vessels to Certain Foreign
Countries.
This section authorizes the transfer of 14 ships: Brazil (1
``Newport'' class tank landing ship by sale), Poland (1
``Oliver Hazard Perry'' class guided missile frigate by grant),
Taiwan (4 ``Kidd'' class guided missile destroyers by sale),
and Turkey (2 ``Oliver Hazard Perry'' class guided missile
frigates by sale and 6 ``Knox'' class frigates by grant). This
section requires that any expenses incurred with the transfer
authorized on a grant basis shall be charged to the recipient;
that, to the maximum extent practicable, repair and
refurbishment of these ships be performed at U.S. Navy
shipyards or other shipyards located in the U.S.; and that the
authority to transfer these ships expires after 2 years.
Subtitle D--Miscellaneous Provisions
Section 861--Annual Foreign Military Reports.
This section modifies section 656(a) of the Foreign
Assistance Act of 1961 to require that the Chairman or Ranking
Member of the International Relations Committee or the Foreign
Relations Committee must request the annual foreign military
report (including the list of countries to be covered by such
report) in order for the report to be compiled.
Section 862--Report Relating to International Arms Sales Code of
Conduct.
This section modifies current law to require that the
Secretary of State report to the Congress on progress made to
begin negotiations on establishing an international arms sales
code of conduct and makes a further technical amendment to that
law.
New Advisory Committees
H.R. 1646 does not establish or authorize any new advisory
committees.
Congressional Accountability Act
H.R. 1646 does not apply to the legislative branch.
Federal Mandates
H.R. 1646 provides no Federal mandates.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECTION 404 OF THE ASIA FOUNDATION ACT
[Sec. 404. There are authorized to be appropriated to the
Secretary of State $15,000,000 for each of the fiscal years
2000 and 2001 for grants to The Asia Foundation pursuant to
this title.]
Sec. 404. There are authorized to be appropriated to the
Secretary of State $15,000,000 for the fiscal year 2002 and
$15,000,000 for the fiscal year 2003 for grants to The Asia
Foundation pursuant to this title.
----------
SECTION 701 OF U.S.-CHINA RELATIONS ACT OF 2000
Public Law 106-286
SEC. 701. AUTHORIZATIONS OF APPROPRIATIONS FOR BROADCASTING CAPITAL
IMPROVEMENTS AND INTERNATIONAL BROADCASTING
OPERATIONS.
(a) Broadcasting Capital Improvements.--In addition to such
sums as may otherwise be authorized to be appropriated, there
are authorized to be appropriated for ``Department of State and
Related Agency, Related Agency, Broadcasting Board of
Governors, Broadcasting Capital Improvements'' $65,000,000 for
the fiscal year [2001] 2002.
(b) International Broadcasting Operations.--
(1) Authorization of appropriations.--In addition
to such sums as are otherwise authorized to be
appropriated, there are authorized to be appropriated
$34,000,000 for each of the fiscal years [2001 and
2002] 2001, 2002, and 2003 for ``Department of State
and Related Agency, Related Agency, Broadcasting Board
of Governors, International Broadcasting Operations''
for the purposes under paragraph (2).
* * * * * * *
----------
FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998
DIVISION G--FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998
* * * * * * *
SUBDIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES
* * * * * * *
TITLE XIII--UNITED STATES INFORMATION AGENCY
* * * * * * *
CHAPTER 4--CONFORMING AMENDMENTS
* * * * * * *
SEC. 1334. SUNSET OF UNITED STATES ADVISORY COMMISSION ON PUBLIC
DIPLOMACY.
The United States Advisory Commission on Public Diplomacy,
established under section 604 of the United States Information
and Educational Exchange Act of 1948 (22 U.S.C. 1469) and
section 8 of Reorganization Plan Numbered 2 of 1977, shall
continue to exist and operate under such provisions of law
until October 1, [2001] 2005.
* * * * * * *
SUBDIVISION B--FOREIGN RELATIONS AUTHORIZATION
* * * * * * *
TITLE XXII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
CHAPTER 1--AUTHORITIES AND ACTIVITIES
* * * * * * *
SEC. 2205. PILOT PROGRAM FOR FOREIGN AFFAIRS REIMBURSEMENT.
(a) Foreign Affairs Reimbursement.--
(1) * * *
* * * * * * *
[(3) Termination of pilot program.--Effective
October 1, 2002, section 701 of the Foreign Service Act
of 1980 (22 U.S.C. 4021), as amended by this
subsection, is further amended--
[(A) by striking subsections (e) and (f);
and
[(B) by redesignating subsection (g) as
paragraph (4) of subsection (d).]
* * * * * * *
TITLE XXVII--EUROPEAN SECURITY ACT OF 1998
* * * * * * *
SEC. 2705. RESTRICTIONS AND REQUIREMENTS RELATING TO BALLISTIC MISSILE
DEFENSE.
(a) * * *
* * * * * * *
(d) Report on Cooperative Projects With Russia.--Not later
than January 1, 1999, [and January 1, 2000,] January 1, 2001,
January 1, 2002, and January 1, 2003 the President shall submit
to the Committees on International Relations, National
Security, and Appropriations of the House of Representatives
and the Committees on Foreign Relations, Armed Services, and
Appropriations of the Senate a report on cooperative projects
with Russia in the area of ballistic missile defense, including
in the area of early warning. Each such report shall include
the following:
(1) * * *
* * * * * * *
TITLE XXVIII--OTHER FOREIGN POLICY PROVISIONS
SEC. 2801. REPORTS ON CLAIMS BY UNITED STATES FIRMS AGAINST THE
GOVERNMENT OF SAUDI ARABIA.
(a) * * *
(b) Termination.--Subsection (a) shall cease to have effect
on the earlier of--
(1) the date of submission of the [seventh]
eleventh report under that subsection; or
* * * * * * *
SEC. 2802. REPORTS ON DETERMINATIONS UNDER TITLE IV OF THE LIBERTAD
ACT.
(a) Reports Required.--Not later than 30 days after the
date of the enactment of this Act and every 3 months thereafter
during the period ending September 30, [2001,] 2003, the
Secretary of State shall submit to the appropriate
congressional committees a report on the implementation of
section 401 of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6091). Each report shall
include--
(1) * * *
* * * * * * *
SEC. 2805. REPORT ON RELATIONS WITH VIETNAM.
In order to provide Congress with the necessary information
by which to evaluate the relationship between the United States
and Vietnam, the Secretary of State shall submit a report to
the appropriate congressional committees, not later than 90
days after the date of enactment of this Act and every 180 days
thereafter during the period ending September 30, [2001,] 2003,
on the extent to which--
(1) * * *
* * * * * * *
----------
ADMIRAL JAMES W. NANCE AND MEG DONOVAN FOREIGN RELATIONS AUTHORIZATION
ACT, FISCAL YEARS 2000 AND 2001
* * * * * * *
DIVISION A--DEPARTMENT OF STATE PROVISIONS
* * * * * * *
TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
Subtitle A--Authorities and Activities
* * * * * * *
SEC. 404. SUNSET OF UNITED STATES ADVISORY COMMISSION ON PUBLIC
DIPLOMACY.
(a) * * *
* * * * * * *
(c) Reenactment and Repeal of Certain Provisions of Law.--
(1) * * *
[(2) Repeal.--Effective September 30, 2001, section
604 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1469) and section 8 of
the Reorganization Plan Numbered 2 of 1977 are
repealed.]
* * * * * * *
SEC. 405. ROYAL ULSTER CONSTABULARY TRAINING.
(a) Training for the Royal Ulster Constabulary.--No funds
authorized to be appropriated by this or any other Act may be
used to support any training or exchange program conducted by
the Federal Bureau of Investigation or any other Federal law
enforcement agency for the Royal Ulster Constabulary (in this
section referred to as the ``RUC'') or RUC members until the
President submits to the appropriate congressional committees
[the report required by subsection (b)] the reports required by
subsections (b) and (c) and the certification described in
[subsection (c)(1)] subsection (d)(1).
(b) Report on Past Training Programs.--[The President] Not
later than 60 days after the date of the enactment of the
Foreign Relations Authorization Act, Fiscal Years 2002 and
2003, the President shall report on training or exchange
programs conducted by the Federal Bureau of Investigation or
other Federal law enforcement agencies for the RUC or RUC
members [during fiscal years 1994 through 1999] during each of
the fiscal years 1994 through 2000. Such report shall include--
(1) * * *
* * * * * * *
(c) Report on Related Matters.--Not later than 60 days
after the date of the enactment of the Foreign Relations
Authorization Act, Fiscal Years 2002 and 2003, the President
shall report on the following:
(1) The extent to which the Government of the
United Kingdom has implemented the recommendations
relating to the 175 policing reforms contained in the
Patten Commission report issued on September 9, 1999,
including a description of the progress of the
integration of human rights, as well as recruitment
procedures aimed at increasing Catholic representation,
in the new Northern Ireland police force.
(2) The status of the investigations into the
murders of Patrick Finucane, Rosemary Nelson, and
Robert Hamill, including the extent to which progress
has been made on recommendations for independent
judicial inquiries into these murders.
[(c)] (d) Certification Regarding Future Training
Activities.--
(1) * * *
(2) Fiscal year [2001] 2003 application.--The
President shall make an additional certification under
paragraph (1) before any Federal law enforcement agency
conducts training for the RUC or RUC members in fiscal
year [2001] 2003.
(3) Application to successor organizations.--The
provisions of this subsection shall apply to any
successor organization of the RUC.
* * * * * * *
TITLE VII--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
Subtitle A--International Organizations Other than the United
* * * * * * *
SEC. 704. SEMIANNUAL REPORTS ON UNITED STATES SUPPORT FOR MEMBERSHIP OR
PARTICIPATION OF TAIWAN IN INTERNATIONAL
ORGANIZATIONS.
(a) Reports Required.--Not later than 60 days after the
date of enactment of this Act, and every 6 months thereafter
for fiscal years 2000 [and 2001,], 2001, 2002, and 2003, the
Secretary of State shall submit to Congress a report in a
classified and unclassified manner on the status of efforts by
the United States Government to support--
(1) * * *
* * * * * * *
TITLE VIII--MISCELLANEOUS PROVISIONS
Subtitle A--General Provisions
* * * * * * *
SEC. 805. REPORT ON TERRORIST ACTIVITY IN WHICH UNITED STATES CITIZENS
WERE KILLED AND RELATED MATTERS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act and every 6 months thereafter until
October 1, [2001,] 2003, the Secretary of State shall prepare
and submit a report, with a classified annex as necessary, to
the appropriate congressional committees regarding terrorist
attacks in Israel, in territory administered by Israel, and in
territory administered by the Palestinian Authority. The report
shall contain the following information:
(1) * * *
* * * * * * *
DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE
PROVISIONS
* * * * * * *
TITLE XII--SECURITY ASSISTANCE
* * * * * * *
Subtitle F--International Arms Sales Code of Conduct Act of 1999
* * * * * * *
SEC. 1262. INTERNATIONAL ARMS SALES CODE OF CONDUCT.
(a) * * *
* * * * * * *
(c) Reports to Congress.--
(1) Report relating to negotiations.--Not later
than 6 months after the [commencement of the
negotiations under subsection (a),] date of the
enactment of the Foreign Relations Authorization Act,
Fiscal Years 2002 and 2003, and not later than the end
of every 6-month period thereafter until an agreement
described in subsection (a) is concluded, the President
shall report to the Committee on International
Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate on the
progress made [during these negotiations.] to begin
negotiations and any progress made to conclude an
agreement during negotiations.
(2) Human rights reports.--In the report required
in sections 116(d) and 502B(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n(b) and
2304(b)), the Secretary of State shall describe the
extent to which the practices of each country evaluated
meet the criteria in paragraphs (1)(A) and (2) of
[subsection (a)] subsection (b).
* * * * * * *
----------
SECTION 738 OF THE AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2001
[Sec. 738. Hereafter, notwithstanding any other provision
of law, no housing or residence in a foreign country purchased
by an agent or instrumentality of the United States, for the
purpose of housing the agricultural attache, shall be sold or
disposed of without the approval of the Foreign Agricultural
Service of the United States Department of Agriculture,
including property purchased using foreign currencies generated
under the Agricultural Trade Development and Assistance Act of
1954 (Public Law 480) and used or occupied by agricultural
attaches of the Foreign Agricultural Service: Provided, That
the Department of State/Office of Foreign Buildings may sell
such properties with the concurrence of the Foreign
Agricultural Service if the proceeds are used to acquire
suitable properties of appropriate size for Foreign
Agricultural Service agricultural attaches: Provided further,
That the Foreign Agricultural Service shall have the right to
occupy such residences in perpetuity with costs limited to
appropriate maintenance expenses.]
----------
SECTION 7 OF THE FISHERMEN'S PROTECTIVE ACT OF 1967
Sec. 7. (a) The Secretary, upon receipt of an application
filed with him at any time after the effective date of this
section by the owner of any vessel of the United States which
is documented or certificated as a commercial fishing vessel,
shall enter into an agreement with such owner subject to the
provisions of this section and such other terms and conditions
as the Secretary deems appropriate. Such agreement shall
provide that, if said vessel is seized by a foreign country and
detained under the conditions of section 2 of this Act, the
Secretary shall guarantee--
(1) * * *
* * * * * * *
(3) the owner of such vessel and its crew for not
to exceed 50 per centum of the gross income lost as a
direct result of such seizure and detention, as
determined by the [Secretary of Commerce] Secretary of
State, based on the value of the average catch per
day's fishing during the three must recent calendar
years immediately preceding such seizure and detention
of the vessel seized, or, if such experience is not
available, then of all commercial fishing vessels of
the United States engaged in the same fishery as that
of the type and size of the seized vessel.
* * * * * * *
----------
STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956
TITLE I--BASIC AUTHORITIES GENERALLY
organization of the department of state
Section 1. (a) * * *
* * * * * * *
[(f) Qualifications of Officer Having Primary
Responsibility for Personnel Management.--The officer of the
Department of State with primary responsibility for assisting
the Secretary of State with respect to matters relating to
personnel in the Department of State, or that officer's
principal deputy, shall have substantial professional
qualifications in the field of human resource policy and
management.
[(g) Qualifications of Officer Having Primary
Responsibility for Diplomatic Security.--The officer of the
Department of State with primary responsibility for assisting
the Secretary of State with respect to diplomatic security, or
that officer's principal deputy, shall have substantial
professional qualifications in the fields of (1) management,
and (2) Federal law enforcement, intelligence, or security.]
(f) Qualifications of Certain Officers of the Department of
State.--
(1) Officer having primary responsibility for
personnel management.--The officer of the Department of
State with primary responsibility for assisting the
Secretary of State with respect to matters relating to
personnel in the Department of State, or that officer's
principal deputy, shall have substantial professional
qualifications in the field of human resource policy
and management.
(2) Officer having primary responsibility for
diplomatic security.--The officer of the Department of
State with primary responsibility for assisting the
Secretary of State with respect to diplomatic security,
or that officer's principal deputy, shall have
substantial professional qualifications in the fields
of (A) management, and (B) Federal law enforcement,
intelligence, or security.
(3) Officer having primary responsibility for
international narcotics and law enforcement.--The
officer of the Department of State with primary
responsibility for assisting the Secretary of State
with respect to international narcotics and law
enforcement, or that officer's principal deputy, shall
have substantial professional qualifications in the
fields of management and Federal law enforcement.
(g) United States Special Envoy for Sudan Issues.--
(1) In general.--There shall be within the
Department of State a United States Special Envoy for
Sudan Issues who shall be appointed by the President,
by and with the advice and consent of the Senate.
(2) Duties.--In addition to such duties as the
President and Secretary of State shall prescribe, the
envoy shall work for a peaceful resolution of the
conflict in Sudan and an end to abuses of human rights,
including religious freedom, in Sudan.
* * * * * * *
Sec. 4. (a) * * *
(b)(1) * * *
(2) Activities described in paragraph (1) include--
[(A) the evacuation of United States Government
employees and their dependents and private United
States citizens when their lives are endangered by war,
civil unrest, or natural disaster;]
(A) the evacuation when their lives are endangered
by war, civil unrest, or natural disaster of (i) United
States Government employees and their dependents, and
(ii) private United States citizens or third-country
nationals, on a reimbursable basis to the extent
feasible, with such reimbursements to be credited to
the applicable Department of State appropriation and to
remain available until expended. No reimbursement shall
be required which is greater than the amount the person
evacuated would have been charged for a commercial air
fare at the lowest rate available immediately prior to
the onset of the war, civil unrest, or natural disaster
giving rise to the evacuation;
* * * * * * *
SEC. 36A. AWARD OF [FOREIGN SERVICE] THOMAS JEFFERSON STAR.
(a) Authority to Award.--The President, upon the
recommendation of the Secretary, may award a [Foreign Service
star] Thomas Jefferson Star to any member of the Foreign
Service or any other civilian employee of the Government of the
United States who, while employed at, or assigned permanently
or temporarily to, an official mission overseas or while
traveling abroad on official business, incurred a wound or
other injury or an illness (whether or not the wound, other
injury, or illness resulted in death)--
(1) as the person was performing official duties;
(2) as the person was on the premises of a United
States mission abroad; or
(3) by reason of the person's status as a United
States Government employee.
(b) Selection Criteria.--The Secretary shall prescribe the
procedures for identifying and considering persons eligible for
award of a [Foreign Service star] Thomas Jefferson Star and for
selecting the persons to be recommended for the award.
(c) Award in the Event of Death.--If a person selected for
award of a [Foreign Service star] Thomas Jefferson Star dies
before being presented the award, the award may be made and the
star presented to the person's family or to the person's
representative, as designated by the President.
(d) Form of Award.--The Secretary shall prescribe the
design of the [Foreign Service star] Thomas Jefferson Star. The
award may not include a stipend or any other cash payment.
(e) Funding.--Any expenses incurred in awarding a person a
[Foreign Service star] Thomas Jefferson Star may be paid out of
appropriations available at the time of the award for personnel
of the department or agency of the United States Government in
which the person was employed when the person incurred the
wound, injury, or illness upon which the award is based.
special agents
Sec. 37. (a) General Authority.--Under such regulations as
the Secretary of State may prescribe, special agents of the
Department of State and the Foreign Service may--
(1) * * *
* * * * * * *
(3) protect and perform protective functions
directly related to maintaining the security and safety
of--
(A) * * *
* * * * * * *
(F) an individual who has been designated
by the President or President-elect to serve as
Secretary of State, prior to that individual's
appointment.
* * * * * * *
expenses relating to participation in arbitrations of certain disputes
Sec. 38. (a) * * *
* * * * * * *
(e) Retention of Funds.--
(1) In general.--To reimburse the expenses of the
United States Government in preparing or prosecuting a
claim against a foreign government or other foreign
entity, the Secretary of State shall retain 1.5 percent
of any amount between $100,000 and $5,000,000, and one
percent of any amount over $5,000,000, received per
claim under chapter 34 of the Act of February 27, 1896
(22 U.S.C. 2668a; 29 Stat. 32).
(2) Treatment.--Amounts retained under the
authority of paragraph (1) shall be deposited into the
fund under subsection (d).
* * * * * * *
----------
FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 1994 AND 1995
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
* * * * * * *
TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
* * * * * * *
Part B--USIA and Related Agencies Authorities and Activities
Sec. 221. USIA office in Lhasa, Tibet.
* * * * * * *
[Sec. 226. United States transmitter in Kuwait.]
* * * * * * *
TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES
* * * * * * *
PART B--AUTHORITIES AND ACTIVITIES
* * * * * * *
SEC. 140. VISAS.
(a) Surcharge for Processing Certain Visas.--
(1) * * *
* * * * * * *
(3) For each of the fiscal years 2000, [2001, and
2002,] 2001, 2002, and 2003, any amount collected under
paragraph (1) that exceeds $316,715,000 for fiscal year
2000, $316,715,000 for fiscal year 2001, [and
$316,715,000 for fiscal year 2002] $414,000,000 for
fiscal year 2002, and $422,000,000 for fiscal year
2003, may be made available only if a notification is
submitted to Congress in accordance with the procedures
applicable to reprogramming notifications under section
34 of the State Department Basic Authorities Act of
1956. For subsequent fiscal years, fees may be
collected under the authority of paragraph (1) only in
such amounts as shall be prescribed in subsequent
authorization Acts.
* * * * * * *
TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
* * * * * * *
PART B--USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES
* * * * * * *
[SEC. 226. UNITED STATES TRANSMITTER IN KUWAIT.
[None of the funds authorized to be appropriated by this or
any other Act may be obligated or expended for the design,
development, or construction of a United States short-wave
radio transmitter in Kuwait.]
* * * * * * *
TITLE IV--INTERNATIONAL ORGANIZATIONS
PART A--UNITED NATIONS REFORM AND PEACEKEEPING OPERATIONS
* * * * * * *
SEC. 404. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS PEACEKEEPING
OPERATIONS.
(a) * * *
(b) Limitation on United States Contributions.--
(1) * * *
(2) Subsequent fiscal years.--Funds authorized to
be appropriated for ``Contributions for International
Peacekeeping Activities'' [for any fiscal year after
fiscal year 1995] for--
(A) fiscal years 1996 through 2001, and any
fiscal year after fiscal year 2003 shall not be
available for the payment of the United States
assessed contribution for a United Nations
peacekeeping operation in an amount which is
greater than 25 percent of the total of all
assessed contributions for that [operation.]
operation; and
(B) fiscal years 2002 and 2003 shall not be
available for the payment of the United States
assessed contribution for a United Nations
peacekeeping operation in an amount which is
greater than 28.15 percent of the total of all
assessed contributions for that operation.
* * * * * * *
SEC. 409. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE UNITED
NATIONS AND ITS SPECIALIZED AGENCIES.
(a) * * *
* * * * * * *
[(d) Report to Congress.--Not later than February 1 of each
year, the President shall submit to the Congress a report
concerning the amount of United States assessed contributions
paid to the United Nations and each of its specialized agencies
during the preceding calendar year.]
* * * * * * *
----------
FOREIGN SERVICE ACT OF 1980
TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES
* * * * * * *
Chapter 4--Compensation
* * * * * * *
Sec. 405. Performance Pay.--(a) * * *
(b) Awards of performance pay shall take into account the
criteria established by the Office of Personnel Management for
performance awards under section 5384 of title 5, United States
Code, and rank awards under section 4507 of title 5, United
States Code. Awards of performance pay under this section shall
be subject to the following limitations:
(1) * * *
* * * * * * *
(3) Not more than 6 percent of the members of the
Senior Foreign Service may receive performance pay in
any fiscal year in an amount which exceeds the
percentage limitation specified in paragraph (2).
[Payments under this paragraph to a member of the
Senior Foreign Service may not exceed $10,000 in any
fiscal year, except that payments of up to $20,000 in
any fiscal year may be made under this paragraph to up
to 1 percent of the members of the Senior Foreign
Service.] Payments under this paragraph to a member of
the Senior Foreign Service may not exceed, in any
fiscal year, the percentage of base pay established
under section 4507(e)(1) of title 5, United States
Code, for a Meritorious Executive, except that payments
of the percentage of the base pay established under
section 4507(e)(2) of title 5, United States, Code, for
Distinguished Executives may be made in any fiscal year
to up to 1 percent of the members of the Senior Foreign
Service.
* * * * * * *
Sec. 408. Local Compensation Plans.--(a)(1) The Secretary
shall establish compensation (including position
classification) plans for foreign national employees of the
Service and United States citizens employed under section
311(c)(1). To the extent consistent with the public interest,
each compensation plan shall be based upon prevailing wage
rates and compensation practices (including participation in
local social security plans) for corresponding types of
positions in the locality of employment, except that such
compensation plans shall provide for payment of wages to United
States citizens at a rate which is no less than the then
applicable minimum wage rate specified in section 6(a)(1) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)). Any
compensation plan established under this section may include
provision for (A) leaves of absence with pay for employees in
accordance with prevailing law and employment practices in the
locality of employment without regard to any limitation
contained in section 6310 of title 5, United States Code, (B)
programs for voluntary transfers of such leave and voluntary
leave banks, which shall, to the extent practicable, be
established in a manner consistent with the provisions of
subchapters III and IV, respectively, of chapter 63 of title 5,
United States Code, and [(C) payments by the Government and
employees to a trust or other fund in a financial institution
in order to finance future benefits for employees, including
provision for retention in the fund of accumulated interest for
the benefit of covered employees.] (C) payments by the
Government and employees to (i) a trust or other fund in a
financial institution in order to finance future benefits for
employees, including provision for retention in the fund of
accumulated interest and dividends for the benefit of covered
employees; or (ii) a Foreign Service National Savings Fund
established in the Treasury of the United States, which (I)
shall be administered by the Secretary of State, at whose
direction the Secretary of the Treasury shall invest amounts
not required for the current needs of the fund; and (II) shall
be public monies, which are authorized to be appropriated and
remain available without fiscal year limitation to pay
benefits, to be invested in public debt obligations bearing
interest at rates determined by the Secretary of the Treasury
taking into consideration current average market yields on
outstanding marketable obligations of the United States of
comparable maturity, and to pay administrative expenses. For
United States citizens under a compensation plan, the Secretary
shall define those allowances and benefits provided under
United States law which shall be included as part of the total
compensation package, notwithstanding any other provision of
law, except that this section shall not be used to override
United States minimum wage requirements, or any provision of
the Social Security Act or the Internal Revenue Code.
* * * * * * *
Chapter 9--Travel, Leave, and Other Benefits
Sec. 901. Travel and Related Expenses.--The Secretary may
pay the travel and related expenses of members of the Service
and their families, including costs or expenses incurred for--
(1) * * *
* * * * * * *
(8) trips by a member of the [Service] Service, and
members of his or her family, for purposes of family
visitation in situations where the family of the member
is prevented by official order from accompanying the
member to, or has been ordered from, the assigned post
of the member because of imminent danger due to the
prevalence of disturbed conditions, except that--
(A) * * *
* * * * * * *
Sec. 904. Health Care.--(a) * * *
(b) Any such health care program may include (1) medical
examinations for applicants for employment, (2) medical
examinations and inoculations or vaccinations, and other
preventive and remedial care and services as necessary, for
members of the Service and employees of the Department who are
citizens of the United States and for members of their
[families, and (3)] families, (3) health education and disease
prevention programs for all employees, and (4) examinations
necessary in order to establish disability or incapacity of
participants in the Foreign Service Retirement and Disability
System or Foreign Service Pension System or to provide survivor
benefits under chapter 8.
* * * * * * *
----------
CHAPTER 59 OF TITLE 5, UNITED STATES CODE
* * * * * * *
SUBCHAPTER III--OVERSEAS DIFFERENTIALS AND ALLOWANCES
* * * * * * *
Sec. 5924. Cost-of-living allowances
The following cost-of-living allowances may be granted,
when applicable, to an employee in a foreign area:
(1) * * *
* * * * * * *
(4) An education allowance or payment of travel
costs to assist an employee with the extraordinary and
necessary expenses, not otherwise compensated for,
incurred because of his service in a foreign area or
foreign areas in providing adequate education for his
dependents (or, to the extent education away from post
is involved, official assignment to service in such
area or areas), as follows:
(A) * * *
(B) The travel expenses of dependents of an
employee to and from a school in the United
States (or to and from a school outside the
United States if the dependent is attending
that school for less than one year under a
program approved by the school in the United
States at which the dependent is enrolled, with
the allowable travel expense not to exceed the
cost of travel to and from the school in the
United States) to obtain an American secondary
or postsecondary educational institution
education (other than a program of post-
baccalaureate education), not to exceed one
annual trip each way for each dependent. At the
option of the employee, in lieu of the
transportation of the baggage of a dependent
child from the dependent's school, the costs
incurred to store the baggage at or in the
vicinity of the school during the dependent's
annual trip between the school and the
employee's duty station may be paid or
reimbursed to the employee. The amount of the
payment or reimbursement may not exceed the
cost that the government would incur to
transport the baggage. An allowance payment
under subparagraph (A) of this paragraph (4)
may not be made for a dependent during the 12
months following his arrival in the United
States for secondary education under authority
contained in this subparagraph (B).
Notwithstanding section 5921(6) of this title,
travel expenses, for the purpose of obtaining
postsecondary educational institution education
(other than a program of post-baccalaureate
education), may be authorized under this
subparagraph (B), under such regulations as the
President may prescribe, for dependents of
employees who are citizens of the United States
stationed in the Canal Zone. For the purposes
of this subparagraph, the term ``educational
institution'' has the meaning defined under
section 1701(a)(6) of title 38.
* * * * * * *
Sec. 5927. Advances of pay
(a) Up to three months' pay may be paid in advance--
(1) * * *
* * * * * * *
[(3) to a foreign national employee appointed under
section 303 of the Foreign Service Act of 1980, or a
nonfamily member United States citizen appointed under
such section 303 (and employed under section 311 of
such Act) for service at such nonfamily member's post
of residence, who--
[(A) is located outside the country of
employment of such foreign national employee or
nonfamily member (as the case may be) pursuant
to Government authorization; and
[(B) requires medical treatment outside the
country of employment of such foreign national
employee or nonfamily member (as the case may
be), in circumstances specified by the
President in regulations.]
(3) to an employee compensated pursuant to section
408 of the Foreign Service Act of 1980, who--
(A) pursuant to government authorization is
located outside the country of employment; and
(B) requires medical treatment outside the
country of employment in circumstances
specified by the President in regulations.
* * * * * * *
----------
SECTION 103 OF THE HUMAN RIGHTS, REFUGEE, AND OTHER FOREIGN RELATIONS
PROVISIONS ACT OF 1996
SEC. 103. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR
TIBETANS AND BURMESE.
(a) * * *
(b) Scholarships for Tibetans and Burmese.--
(1) Subject to the availability of appropriations,
[for the fiscal year 2000] for each of the fiscal years
2002 and 2003 at least 30 scholarships shall be made
available to Tibetan students and professionals who are
outside Tibet, and at least 15 scholarships shall be
made available to Burmese students and professionals
who are outside Burma.
* * * * * * *
----------
MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE ACT OF 1961
Sec. 105. (a) * * *
* * * * * * *
[(g) Notwithstanding any other provision of this Act, there
are authorized to be appropriated for the purposes of making
currency exchanges under section 102(b)(10) of this Act, not to
exceed $10,000,000 for the fiscal year ending June 30, 1968,
and not to exceed $15,000,000 for the fiscal year ending June
30, 1969.]
(g) Nonprofit Entities for Cultural Programming.--
(1) The Secretary of State is authorized to provide
for the establishment of private nonprofit entities to
assist in carrying out the purposes of this subsection.
Any such entity shall not be considered an agency or
instrumentality of the United States Government and
employees of such an entity shall not be considered
employees of the United States Government for any
purpose.
(2) An entity established pursuant to the authority
of paragraph (1) may carry out the following:
(A) Encourage participation and support by
United States corporations and other elements
of the private sector for cultural, arts, and
educational exchange programs which will
enhance international appreciation of America's
cultural and artistic accomplishments.
(B) Solicit and receive contributions from
the private sector to support cultural, arts,
and educational exchange programs.
(C) Provide grants and other assistance for
such programs.
(3) The Secretary of State is authorized to make
such arrangements as are necessary to carry out the
purposes of any entity established pursuant to
paragraph (1) including the following:
(A) The solicitation and receipt of funds
for an entity.
(B) Designation of a program in recognition
of such contributions.
(C) Appointment of members of the board of
directors or other body established to
administer an entity, including the appointment
of employees of the United States Government as
ex officio nonvoting members of such a board or
other administrative body.
(D) Making recommendations with respect to
specific artistic and cultural programs to be
carried out by the entity.
(4) For fiscal years 2002 and 2003, not to exceed
$500,000 of funds available to the Department of State
are authorized to be made available for each fiscal
year for administrative and other costs for the
establishment of entities pursuant to paragraph (1). An
entity established pursuant to paragraph (1) is
authorized to invest amounts made available to the
entity by the Department of State, and such amounts, as
well as interest or earnings on such amounts, may be
used by the entity to carry out its purposes.
(5) Each entity established pursuant to paragraph
(1) shall submit an annual report on the sources and
amount of funds and other resources received and the
programs funded by the entity to the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of
Representatives.
(6) The financial transactions of each entity
established under paragraph (1) for each fiscal year
shall be the subject of an independent audit. A report
of each such audit shall be made available to the
Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives.
* * * * * * *
Sec. 112. (a) * * *
* * * * * * *
(d) The Bureau shall administer no programs except those
[operating under the authority of this Act and consistent with]
which operate under the authority of this Act or promote its
purposes.
* * * * * * *
----------
SECTION 245 OF THE TELEVISION BROADCASTING TO CUBA ACT
SEC. 245. AMENDMENTS TO THE RADIO BROADCASTING TO CUBA ACT.
(a) * * *
* * * * * * *
[(d) Staff Director.--The Board shall have a staff director
who shall be appointed by the Chairperson of the Advisory Board
for Cuba Broadcasting.]
----------
SECTION 308 OF THE UNITED STATES INTERNATIONAL BROADCASTING ACT OF 1994
SEC. 308. LIMITS ON GRANTS FOR RADIO FREE EUROPE AND RADIO LIBERTY.
(a) * * *
* * * * * * *
(h) Prohibited Uses of Grant Funds.--No grant funds
provided under this section may be used for the following
purposes:
(1)(A) Except as provided in subparagraph [(B),]
(B) or (C), to pay any salary or other compensation, or
enter into any contract providing for the payment of
salary or compensation in excess of the rates
established for comparable positions under title 5 of
the United States Code or the foreign relations laws of
the United States, except that no employee may be paid
a salary or other compensation in excess of the rate of
pay payable for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
* * * * * * *
(C) Notwithstanding the limitations under
subparagraph (A), grant funds provided under this
section may be used by RFE/RL, Incorporated to pay up
to 2 employees employed in Washington, D.C. salary or
other compensation not to exceed the rate of pay
payable for level III of the Executive Schedule under
section 5314 of title 5, United States Code.
* * * * * * *
----------
UNITED NATIONS REFORM ACT OF 1999
* * * * * * *
Subtitle B--Arrearages to the United Nations
CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS; OBLIGATION AND EXPENDITURE
OF FUNDS
* * * * * * *
SEC. 912. OBLIGATION AND EXPENDITURE OF FUNDS.
(a) * * *
* * * * * * *
(c) Advance Congressional Notification.--Funds made
available pursuant to section [911] 911(a)(3) may be obligated
and expended only if the appropriate certification has been
submitted to the appropriate congressional committees 30 days
prior to the payment of the funds.
* * * * * * *
CHAPTER 3--REFORM OF ASSESSMENTS AND UNITED NATIONS PEACEKEEPING
OPERATIONS
SEC. 931. CERTIFICATION REQUIREMENTS.
(a) * * *
(b) Conditions.--The conditions under this subsection are
the following:
(1) * * *
[(2) Limitation on assessed share of budget for
united nations peacekeeping operations.--The assessed
share of the budget for each assessed United Nations
peacekeeping operation does not exceed 25 percent for
any single United Nations member.]
[(3)] (2) Limitation on assessed share of regular
budget.--The share of the total of all assessed
contributions for the regular budget of the United
Nations does not exceed 22 percent for any single
United Nations member.
CHAPTER 4--BUDGET AND PERSONNEL REFORM
SEC. 941. CERTIFICATION REQUIREMENTS.
(a) In General.--
(1) * * *
(2) Specified certification.--A certification
described in this section is [also] a certification
that, with respect to the United Nations or a
particular designated specialized agency, the
conditions [in subsection (b)(4)] applicable to that
organization are satisfied, regardless of whether the
conditions [in subsection (b)(4)] applicable to any
other organization are [satisfied, if the other
conditions in subsection (b) are satisfied] satisfied.
* * * * * * *
(b) Conditions.--The conditions under this subsection are
the following:
(1) * * *
* * * * * * *
(3) [New budget procedures] Budget practices for
the united nations.--The United Nations [has
established and] is implementing budget [procedures]
practices that--
(A) [require] result in the maintenance of
a budget not in excess of the level agreed to
by the General Assembly at the beginning of
each United Nations budgetary biennium, unless
increases are agreed to by consensus; and
(B) [require] result in the system-wide
identification of expenditures by functional
categories such as personnel, travel, and
equipment.
* * * * * * *
(9) [New budget procedures] Budget practices and
financial regulations.--[Each designated specialized
agency has established procedures to] The practices of
each designated specialized agency--
(A) [require] result in the maintenance of
a budget that does not exceed the level agreed
to by the member states of the organization at
the beginning of each budgetary biennium,
unless increases are agreed to by consensus;
(B) [require] result in the identification
of expenditures by functional categories such
as personnel, travel, and equipment; and
(C) [require] result in approval by the
member states of the agency's supplemental
budget requests to the Secretariat in advance
of expenditures under those requests.
* * * * * * *
----------
UNITED NATIONS PARTICIPATION ACT OF 1945
Sec. 4. (a) * * *
[(b) Transmittal of Security Council Resolutions.--Not
later than 3 days (excluding Saturdays, Sundays, and legal
holidays) after adoption of any resolution by the Security
Council, the Secretary of State shall transmit the text of such
resolution and any supporting documentation to the designated
congressional committees.
[(c) Reports on Peacekeeping Operations.--The Secretary of
State shall promptly transmit to the designated congressional
committees any published report prepared by the United Nations
and distributed to the members of the Security Council that
contains assessments of any proposed, ongoing, or concluded
United Nations peacekeeping operation.]
(b) Annual Report on Financial Contributions.--Not later
than July 1 of each year, the Secretary of State shall submit a
report to the designated congressional committees on the extent
and disposition of all financial contributions made by the
United States during the preceding year to international
organizations in which the United States participates as a
member.
[(d)] (c) Annual Report.--In addition to the report
required by subsection (a), the President, at the time of
submission of the annual budget request to the Congress, shall
submit to the designated congressional committees a report that
includes the following:
(1) * * *
* * * * * * *
[(e)] (d) Consultations and Reports on United Nations
Peacekeeping Operations.--
(1) * * *
* * * * * * *
(5) Notification and quarterly reports regarding
united states assistance.--
(A) * * *
[(B) Quarterly reports.--
[(i) In general.--The President
shall submit quarterly reports to the
designated congressional committees on
all assistance provided by the United
States during the preceding calendar
quarter to the United Nations to
support peacekeeping operations.
[(ii) Matters included.--Each
report under this subparagraph shall
describe the assistance provided for
each such operation, listed by category
of assistance.
[(iii) Fourth quarter report.--The
report under this subparagraph for the
fourth calendar quarter of each year
shall be submitted as part of the
annual report required by subsection
(d) and shall include cumulative
information for the preceding calendar
year.]
(B) Annual report.--The President shall
submit an annual report to the designated
congressional committees on all assistance
provided by the United States during the
preceding calendar year to the United Nations
to support peacekeeping operations. Each such
report shall describe the assistance provided
for each such operation, listed by category of
assistance.
[(f)] (e) Designated Congressional Committees.--In this
section, the term ``designated congressional committees'' means
the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives.
[(g)] (f) Relationship to Other Notification
Requirements.--Nothing in this section is intended to alter or
supersede any notification requirement with respect to
peacekeeping operations that is established under any other
provision of law.
* * * * * * *
[Sec. 6. The President is authorized to negotiate a special
agreement or agreements with the Security Council which shall
be subject to the approval of the Congress by appropriate Act
or joint resolution, providing for the numbers and types of
armed forces, their degree of readiness and general locations,
and the nature of facilities and assistance, including rights
of passage, to be made available to the Security Council on its
call for the purpose of maintaining international peace and
security in accordance with article 43 of said Charter. The
President shall not be deemed to require the authorization of
the Congress to make available to the Security Council on its
call in order to take action under article 42 of said Charter
and pursuant to such special agreement or agreements the Armed
Forces, facilities, or assistance provided for therein:
Provided, That, except as authorized in section 7 of this Act,
nothing herein contained shall be construed as an authorization
to the President by the Congress to make available to the
Security Council for such purpose armed forces, facilities, or
assistance in addition to the forces, facilities, and
assistance provided for in such special agreement or
agreements.]
SEC. 6. AGREEMENTS WITH SECURITY COUNCIL.
(a) Any agreement described in subsection (b) that is
concluded by the President with the Security Council shall not
be effective unless approved by the Congress by appropriate Act
or joint resolution.
(b) An agreement referred to in subsection (a) is an
agreement providing for the numbers and types of United States
Armed Forces, their degree of readiness and general locations,
or the nature of facilities and assistance, including rights of
passage, to be made available to the Security Council for the
purpose of maintaining international peace and security in
accordance with Article 43 of the Charter of the United
Nations.
(c) Except as provided in section 7, nothing in this
section may be construed as an authorization to the President
by the Congress to make available United States Armed Forces,
facilities, or assistance to the Security Council.
----------
DEPARTMENTS OF STATE, JUSTICE, AND COMMERCE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS ACT, 1973
Public Law 92-544
TITLE I--DEPARTMENT OF STATE
* * * * * * *
International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties, conventions, or specific
Acts of Congress, $176,190,750: Provided, That after December
31, 1973, no appropriation is authorized and no payment shall
be made to the United Nations or any affiliated agency in
excess of 25 per centum of the total annual assessment of such
organization. [Appropriations are authorized] Subject to
section 404(b)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236, 22 U.S.C. 287e
note), as amended, appropriations are authorized and
contributions and payments may be made to the following
organizations and activities notwithstanding that such
contributions and payments are in excess of 25 per centum of
the total annual assessment of the respective organization or
33 \1/3\ per centum of the budget for the respective activity:
the International Atomic Energy Agency, the joint financing
program of the International Civil Aviation Organization, and
contributions for international peacekeeping activities
conducted by or under the auspices of the United Nations or
through multilateral agreements.
* * * * * * *
----------
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS ACT, 1999
* * * * * * *
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
* * * * * * *
International Organizations and Conferences
* * * * * * *
arrearage payments
For an additional amount for payment of arrearages to meet
obligations of membership in the United Nations, and to pay
assessed expenses of international peacekeeping activities,
$475,000,000, to remain available until expended: Provided,
That none of the funds appropriated or otherwise made available
under this heading for payment of arrearages may be obligated
or expended unless such obligation or expenditure is expressly
authorized by law: Provided further, That none of the funds
appropriated or otherwise made available under this heading for
payment of arrearages may be obligated or expended until such
time as the share of the total of all assessed contributions
for the regular budget of the United Nations does not exceed 22
percent for any single United Nations [member, and the share of
the budget for each assessed United Nations peacekeeping
operation does not exceed 25 percent for any single United
Nations member.] member.
* * * * * * *
----------
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2000
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
* * * * * * *
arrearage payments
For an additional amount for payment of arrearages to meet
obligations of authorized membership in international
multilateral organizations, and to pay assessed expenses of
international peacekeeping activities, $244,000,000, to remain
available until expended: Provided, That none of the funds
appropriated or otherwise made available under this heading for
payment of arrearages may be obligated or expended until such
time as [the share of the total of all assessed contributions
for any designated specialized agency of the United Nations
does not exceed 22 percent for any single member of the agency,
and] the designated specialized agencies have achieved zero
nominal growth in their biennium budgets for 2000-2001 from the
1998-1999 biennium budget levels of the respective agencies:
Provided further, That, none of the funds appropriated or
otherwise made available under this heading for payment of
arrearages may be obligated or expended with respect to a
designated specialized agency of the United Nations until such
time as the share of the total of all assessed contributions
for that designated specialized agency does not exceed 22
percent for any member of the agency: Provided futher, That,
notwithstanding the preceding proviso, an additional amount,
not to exceed $107,000,000, which is owed by the United Nations
to the United States as a reimbursement, including any
reimbursement under the Foreign Assistance Act of 1961 or the
United Nations Participation Act of 1945, that was owed to the
United States before the date of the enactment of this Act
shall be applied or used, without fiscal year limitations, to
reduce any amount owed by the United States to the United
Nations.
* * * * * * *
----------
SECTION 4 OF THE GREAT LAKES FISHERY ACT OF 1956
Sec. 4. (a) * * *
* * * * * * *
(c) The members of the advisory committees shall receive no
compensation from the Government of the United States for their
services as such members. Not more than [five] ten members of
all the committees, designated by the committees and approved
by the United States Section, may be paid by the Government of
the United States for transportation expenses and per diem
incident to attendance at [each] the annual meeting of the
Commission or of the United States Section.
* * * * * * *
----------
SECTION 5 OF THE ACT OF JUNE 3, 1976
Public Law 94-304
AN ACT To establish a Commission on Security and Cooperation in Europe.
[Sec. 5. In order to assist the Commission in carrying out
its duties, the President shall submit to the Commission an
annual report,, which shall include (1) a detailed survey of
actions by the signatories of the Final Act reflecting
compliance with or violation of the provisions of the Final
Act, and (2) a listing and description of present or planned
programs and activities of the appropriate agencies of the
executive branch and private organizations aimed at taking
advantage of the provisions of the Final Act to expand East-
West economic cooperation and to promote a greater interchange
of people and ideas between East and West.]
Sec. 5. In order to assist the Commission in carrying out
its duties, the Secretary of State shall submit to the
Commission an annual report discussing the overall United
States policy objectives that are advanced through meetings of
decision-making bodies of the Organization on Security and
Cooperation in Europe (OSCE), the OSCE implementation review
process, and other activities of the OSCE. The report shall
also include a summary of specific United States policy
objectives with respect to participating states where there is
a particular concern relating to the implementation of
Organization on Security and Cooperation in Europe commitments
or where an OSCE presence exists. Such summary shall address
the role played by Organization on Security and Cooperation in
Europe institutions, mechanisms, or field activities in
achieving United States policy objectives. Each annual report
shall cover the period January 1 through December 31, shall be
submitted not more than 90 days after the end of the reporting
period, and shall be posted on the website of the Department of
State.
----------
SECTION 2 OF THE ACT OF SEPTEMBER 21, 1950
Public Law 81-806
JOINT RESOLUTION To amend certain laws providing for membership and
participation by the United States in certain international
organizations.
Sec. 2. All financial contributions by the United States to
the normal operations of the international organizations
covered by this Act, which member states are obligated to
support annually, shall be limited to the amounts provided in
this Act: Provided, That contributions for special projects not
regularly budgeted by such international organizations shall
not be subject to the above limitation.
All financial contributions by the United States to
international organizations in which the United States
participates as a member shall be made by or with the consent
of the Department of State regardless of the appropriation from
which any such contribution is made. [The Secretary of State
shall report annually to the Congress on the extent and
disposition of such contributions.]
----------
IRAN NONPROLIFERATION ACT OF 2000
* * * * * * *
SEC. 2. REPORTS ON PROLIFERATION TO IRAN.
(a) * * *
* * * * * * *
(e) Content of Reports.--Each report under subsection (a)
shall contain, with respect to each foreign person identified
in such report, a brief description of the type and quantity of
the goods, services, or technology transferred by that person
to Iran, the circumstances surrounding the transfer, the
usefulness of the transfer to Iranian weapons programs, and the
probable awareness or lack thereof of the transfer on the part
of the government with primary jurisdiction over the person.
* * * * * * *
SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3 AND 4.
(a) In General.--Sections 3 and 4 shall not apply to a
foreign person 15 days after the President reports to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate that the President has determined, on the basis of
information provided by that person, or otherwise obtained by
the President, that--
(1) * * *
(2) the goods, services, or technology the transfer
of which caused that person to be identified in a
report submitted pursuant to section 2(a) did not
materially contribute to Iran's efforts to develop
nuclear, biological, or chemical weapons, or ballistic
or cruise missile [systems] systems, or conventional
weapons;
* * * * * * *
----------
SECTION 822 OF THE NORTH KOREA THREAT REDUCTION ACT OF 1999
SEC. 822. RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH KOREA.
(a) In General.--Notwithstanding any other provision of law
or any international agreement, no agreement for cooperation
(as defined in sec. 11 b. of the Atomic Energy Act of 1954 (42
U.S.C. 2014 b.)) between the United States and North Korea may
become effective, no license may be issued for export directly
or indirectly to North Korea of any nuclear material,
facilities, components, or other goods, services, or technology
that would be subject to [such agreement,] such agreement (or
that are controlled under the Export Trigger List of the
Nuclear Suppliers Group), and no approval may be given for the
transfer or retransfer directly or indirectly to North Korea of
any nuclear material, facilities, components, or other goods,
services, or technology that would be subject to [such
agreement,] such agreement (or that are controlled under the
Export Trigger List of the Nuclear Suppliers Group), until the
President determines and reports to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate that--
(1) * * *
* * * * * * *
----------
INTERNATIONAL RELIGIOUS FREEDOM ACT OF 1998
* * * * * * *
TITLE II--COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM
* * * * * * *
SEC. 201. ESTABLISHMENT AND COMPOSITION.
(a) * * *
* * * * * * *
(c) Terms.--
(1) * * *
(2) Establishment of staggered terms.--
Notwithstanding paragraph (1), members of the
Commission appointed to serve on the Commission during
the period May 15, 2003, through May 14, 2005, shall be
appointed to terms in accordance with the provisions of
this paragraph. Of the 3 members of the Commission
appointed by the President under subsection
(b)(1)(B)(i), 2 shall be appointed to a one-year term
and 1 shall be appointed to a two-year term. Of the 3
members of the Commission appointed by the President
pro tempore of the Senate under subsection
(b)(1)(B)(ii), 1 of the appointments made upon the
recommendation of the leader in the Senate of the
political party that is not the political party of the
President shall be appointed to a one-year term, and
the other 2 appointments under such clause shall be
two-year terms. Of the 3 members of the Commission
appointed by the Speaker of the House of
Representatives under subsection (b)(1)(B)(iii), 1 of
the appointments made upon the recommendation of the
leader in the House of the political party that is not
the political party of the President shall be to a one-
year term, and the other 2 appointments under such
clause shall be two-year terms. The term of each member
of the Commission appointed to a one-year term shall be
considered to have begun on May 15, 2003, and shall end
on May 14, 2004, regardless of the date of the
appointment to the Commission. Each vacancy which
occurs upon the expiration of the term of a member
appointed to a one-year term shall be filled by the
appointment of a successor to a two-year term.
(d) Election of Chair.--At the first meeting of the
Commission [in each calendar] after May 30 of each year, a
majority of the members of the Commission present and voting
shall elect the Chair of the Commission.
* * * * * * *
(g) Vacancies.--Any vacancy of the Commission shall not
affect its powers, but shall be filled in the manner in which
the original appointment was made. A member may serve after the
expiration of that member's term until a successor has taken
office. Any member appointed to fill a vacancy occurring before
the expiration of the term for which the member's predecessor
was appointed shall be appointed only for the remainder of that
term.
* * * * * * *
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Commission $3,000,000 for each of the fiscal years 2002 and
2003 to carry out the provisions of this title.
* * * * * * *
SEC. 208. STANDARDS OF CONDUCT AND DISCLOSURE.
(a) * * *
* * * * * * *
(c) Contract Authority.--
(1) In general.--Subject to the availability of
appropriations, the Commission may contract with and
compensate Government agencies or persons for the
conduct of activities necessary to the discharge of its
functions under this title. Any such person shall be
hired without interruption or loss of civil service or
Foreign Service status or privilege. The Commission may
not procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, or
under other contracting [authority other than that
allowed under this title] authority, in excess of
$75,000 annually, except as otherwise provided in this
title.
* * * * * * *
(d) Gifts.--
(1) In general.--In order to preserve its
independence, the Commission may not accept, use, or
dispose of gifts or donations of [services or]
property. An individual Commissioner or employee of the
Commission may not, in his or her capacity as a
Commissioner or employee, knowingly accept, use or
dispose of gifts or donations of [services or]
property, unless he or she in good faith believes such
gifts or donations to have a value of less than $50 and
a cumulative value during a calendar year of less than
$100.
* * * * * * *
[SEC. 209. TERMINATION.
[The Commission shall terminate on May 14, 2003.]
* * * * * * *
----------
ARMS EXPORT CONTROL ACT
* * * * * * *
Chapter 1.--FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND
RESTRAINTS
* * * * * * *
Sec. 3. Eligibility.--(a) * * *
* * * * * * *
(d)(1) The President may not give his consent under
paragraph (2) of subsection (a) or under the third sentence of
such subsection, or under section 505(a)(1) or 505(a)(4) of the
Foreign Assistance Act of 1961, to a transfer of any major
defense equipment valued (in terms of its original acquisition
cost) at $14,000,000 or more, or any defense article or related
training or other defense service valued (in terms of its
original acquisition cost) at $50,000,000 or more (or, in the
case of a transfer to a country which is a member country of
the North Atlantic Treaty Organization (NATO) or Australia,
Japan, or New Zealand, any major defense equipment valued (in
terms of its original acquisition cost) at $25,000,000 or more,
or of defense articles or defense services valued (in terms of
its original acquisition cost) at $100,000,000 or more), unless
the President submits to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the
Senate a written certification with respect to such proposed
transfer containing--
(A) * * *
* * * * * * *
(3)(A) The President may not give his consent to the
transfer of any major defense equipment valued (in terms of its
original acquisition cost) at $14,000,000 or more, or of any
defense article or defense service valued (in terms of its
original acquisition cost) at $50,000,000 or more (or, in the
case of a transfer to a country which is a member country of
the North Atlantic Treaty Organization (NATO) or Australia,
Japan, or New Zealand, any major defense equipment valued (in
terms of its original acquisition cost) at $25,000,000 or more,
or of defense articles or defense services valued (in terms of
its original acquisition cost) at $100,000,000 or more), the
export of which has been licensed or approved under section 38
of this Act, unless before giving such consent the President
submits to the Speaker of the House of Representatives and the
Chairman of the Committee on Foreign Relations of the Senate a
certification containing the information specified in
subparagraphs (A) through (E) of paragraph (1). Such
certification shall be submitted--
(i) * * *
* * * * * * *
Chapter 2.--FOREIGN MILITARY SALES AUTHORIZATIONS
* * * * * * *
SEC. 28. QUARTERLY REPORT ON PRICE AND AVAILABILITY ESTIMATES.
(a) Quarterly Report.--Not later than 15 days after the end
of each calendar quarter, the President shall transmit to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report that contains the information described in
subsection (b).
(b) Information.--The information described in this
subsection is the following:
(1)(A) Each price and availability estimate
provided by the United States Government during such
calendar quarter to a foreign country with respect to a
possible sale under this Act of major defense articles
having a cost of $7,000,000 or more, or of any other
defense articles or services having a cost of
$25,000,000 or more.
(B) The name of each foreign country to which an
estimate described in subparagraph (A) was provided,
the defense articles or services involved, the quantity
of the articles or services involved, and the price
estimate.
(2)(A) Each request received by the United States
Government from a foreign country during such calendar
quarter for the issuance of a letter of offer to sell
defense articles or defense services if the proposed
sale does not include a price and availability estimate
(as described in paragraph (1)(A)).
(B) The name of each foreign country that makes a
request described in subparagraph (A), the date of the
request, the defense articles or services involved, the
quantity of the articles or services involved, and the
price and availability terms requested.
* * * * * * *
Chapter 3.--MILITARY EXPORT CONTROLS
* * * * * * *
Sec. 36. Reports on Commercial and Governmental Military
Exports; Congressional Action.--(a) * * *
(b)(1) In the case of any letter of offer to sell any
defense articles or services under this Act for $50,000,000 or
more, any design and construction services for $200,000,000 or
more, or any major defense equipment for $14,000,000 or more
(or, in the case of a letter of offer to sell to a country
which is a member country of the North Atlantic Treaty
Organization (NATO) or Australia, Japan, or New Zealand, any
major defense equipment under this Act for $25,000,000 or more,
any defense articles or services for $100,000,000 or more, or
any design and construction services for $300,000,000 or more),
before such letter of offer is issued, the President shall
submit to the Speaker of the House of Representatives and to
the chairman of the Committee on Foreign Relations of the
Senate a numbered certification with respect to such offer to
sell containing the information specified in clauses (i)
through (iv) of subsection (a), or (in the case of a sale of
design and construction services) the information specified in
clauses (A) through (D) of paragraph (9) of subsection (a), and
a description, containing the information specified in
paragraph (8) of subsection (a), of any contribution, gift,
commission, or fee paid or offered or agreed to be paid in
order to solicit, promote, or otherwise to secure such letter
of offer. Such numbered certifications shall also contain an
item, classified if necessary, identifying the sensitivity of
technology contained in the defense articles, defense services,
or design and construction services proposed to be sold, and a
detailed justification of the reasons necessitating the sale of
such articles or services in view of the sensitivity of such
technology. In a case in which such articles or services listed
on the Missile Technology Control Regime Annex are intended to
support the design, development, or production of a Category I
space launch vehicle system (as defined in section 74), such
report shall include a description of the proposed export and
rationale for approving such export, including the consistency
of such export with United States missile nonproliferation
policy. Each such numbered certification shall contain an item
indicating whether any offset agreement is proposed to be
entered into in connection with such letter of offer to sell
(if known on the date of transmittal of such certification). In
addition, the President shall, upon the request of such
committee or the Committee on Foreign Affairs of the House of
Representatives, transmit promptly to both such committees a
statement setting forth, to the extent specified in such
request--
(A) * * *
* * * * * * *
(5)(A) * * *
* * * * * * *
(C) If the enhancement or upgrade in the sensitivity of
technology or the capability of major defense equipment,
defense articles, defense services, or design and construction
services described in a numbered certification submitted under
this subsection costs $14,000,000 or more in the case of any
major defense equipment, $50,000,000 or more in the case of
defense articles or defense services, or $200,000,000 or more
in the case of design or construction services (or, in the case
of a letter of offer to sell to a country which is a member
country of the North Atlantic Treaty Organization (NATO) or
Australia, Japan, or New Zealand, any major defense equipment
for $25,000,000 or more, any defense articles or services for
$100,000,000 or more, or any design and construction services
for $300,000,000 or more), then the President shall submit to
the Speaker of the House of Representatives and the chairman of
the Committee on Foreign Relations of the Senate a new numbered
certification which relates to such enhancement or upgrade and
which shall be considered for purposes of this subsection as if
it were a separate letter of offer to sell defense equipment,
articles, or services, subject to all of the requirements,
restrictions, and conditions set forth in this subsection. For
purposes of this subparagraph, references in this subsection to
sales shall be deemed to be references to enhancements or
upgrades in the sensitivity of technology or the capability of
major defense equipment, articles, or services, as the case may
be.
* * * * * * *
(c)(1) In the case of an application by a person (other
than with regard to a sale under section 21 or section 22 of
this Act) for a license for the export of any major defense
equipment sold under a contract in the amount of $14,000,000 or
more or of defense articles or defense services sold under a
contract in the amount of $50,000,000 or more (or, in the case
of an application by a person (other than with regard to a sale
under section 21 or section 22 of this Act) for a license for
the export to a country which is a member country of the North
Atlantic Treaty Organization (NATO) or Australia, Japan, or New
Zealand, of any major defense equipment sold under a contract
in the amount of $25,000,000 or more or of defense articles or
defense services sold under a contract in the amount of
$100,000,000 or more), before issuing such license the
President shall transmit to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate an unclassified numbered certification
with respect to such application specifying (A) the foreign
country or international organization to which such export will
be made, (B) the dollar amount of the items to be exported, and
(C) a description of the items to be exported. Each such
numbered certification shall also contain an item indicating
whether any offset agreement is proposed to be entered into in
connection with such export and a description of any such
offset agreement. In addition, the President shall, upon the
request of such committee or the Committee on Foreign Affairs
of the House of Representatives, transmit promptly to both such
committees a statement setting forth, to the extent specified
in such request a description of the capabilities of the items
to be exported, an estimate of the total number of United
States personnel expected to be needed in the foreign country
concerned in connection with the items to be exported and an
analysis of the arms control impact pertinent to such
application, prepared in consultation with the Secretary of
Defense. In a case in which such articles or services listed on
the Missile Technology Control Regime Annex are intended to
support the design, development, or production of a Category I
space launch vehicle system (as defined in section 74), such
report shall include a description of the proposed export and
rationale for approving such export, including the consistency
of such export with United States missile nonproliferation
policy. A certification transmitted pursuant to this subsection
shall be unclassified, except that the information specified in
clause (B) and the details of the description specified in
clause (C) may be classified if the public disclosure thereof
would be clearly detrimental to the security of the United
States, in which case the information shall be accompanied by a
description of the damage to the national security that could
be expected to result from public disclosure of the
information.
* * * * * * *
Sec. 38. Control of Arms Exports and Imports.--(a) * * *
* * * * * * *
(f)(1) The President shall periodically review the items on
the United States Munitions List to determine what items, if
any, no longer warrant export controls under this section. The
results of such reviews shall be reported to the Speaker of the
House of Representatives and to the Committee on Foreign
Relations and the Committee on Banking, Housing, and Urban
Affairs of the Senate. [Such a report shall be submitted at
least 30 days before any item is removed from the Munitions
List and shall describe the nature of any controls to be
imposed on that item under the Export Administration Act of
1979.] The President may not remove any item from the Munitions
List until 30 days after the date on which the President has
provided notice of the proposed removal to the Committee on
International Relations of the House of Representatives and to
the Committee on Foreign Relations of the Senate in accordance
with the procedures applicable to reprogramming notifications
under section 634A(a) of the Foreign Assistance Act of 1961.
Such notice shall describe the nature of any controls to be
imposed on that item under any other provision of law.
* * * * * * *
Chapter 4.--GENERAL, ADMINISTRATIVE, AND MISCELLANEOUS PROVISIONS
* * * * * * *
Sec. 43. Administrative Expenses.--(a) * * *
* * * * * * *
(c) Not more than [$72,500] $86,500 of the funds derived
from charges for administrative services pursuant to section
21(e)(1)(A) of this Act may be used each fiscal year for
official reception and representation expenses.
* * * * * * *
CHAPTER 6--LEASES OF DEFENSE ARTICLES AND LOAN AUTHORITY FOR
COOPERATIVE RESEARCH AND DEVELOPMENT PURPOSES
* * * * * * *
Sec. 61. Leasing Authority.--(a) * * *
* * * * * * *
[(b) Each lease agreement] (b)(1) Each lease agreement
under this section shall be for a fixed duration [of not to
exceed five years] which may not exceed (A) five years, and (B)
a specified period of time required to complete major
refurbishment work of the leased articles to be performed prior
to the delivery of the leased articles, and shall provide that,
at any time during the duration of the lease, the President may
terminate the lease and require the immediate return of the
leased articles.
(2) In this subsection, the term ``major refurbishment
work'' means work for which the period of performance is six
months or more.
* * * * * * *
Sec. 63. Legislative Review.--(a) In the case of any
agreement involving the lease under this chapter, or the loan
under chapter 2 of part II of the Foreign Assistance Act of
1961, to any foreign country or international organization for
a period of one year or longer of any defense articles which
are either (i) major defense equipment valued (in terms of its
replacement cost less any depreciation in its value) at
$14,000,000 or more, or (ii) defense articles valued (in terms
of their replacement cost less any depreciation in their value)
at $50,000,000 or more (or, in the case of such an agreement
with a country which is a member country of the North Atlantic
Treaty Organization (NATO) or Australia, Japan, or New Zealand,
(i) major defense equipment valued (in terms of its replacement
cost less any depreciation in its value) at $25,000,000 or
more, or (ii) defense articles valued (in terms of their
replacement cost less any depreciation in their value) at
$100,000,000 or more), the agreement may not be entered into or
renewed if the Congress, within the 15-day or 30-day period
specified in section 62(c) (1) or (2), as the case may be,
enacts a joint resolution prohibiting the proposed lease or
loan.
* * * * * * *
----------
SECTION 105 OF THE ACT OF JULY 21, 1996
Public Law 104-164
AN ACT To amend the Foreign Assistance Act of 1961 and the Arms Export
Control Act to make improvements to certain defense and security
assistance provisions under those Acts, to authorize the transfer of
naval vessels to certain foreign countries, and for other purposes.
SEC. 105. EXCESS DEFENSE ARTICLES FOR CERTAIN EUROPEAN COUNTRIES.
Notwithstanding section 516(e) of the Foreign Assistance
Act of 1961, as added by this Act, during each of the fiscal
years [2000 and 2001] 2001, 2002, and 2003, funds available to
the Department of Defense may be expended for crating, packing,
handling, and transportation of excess defense articles
transferred under the authority of section 516 of such Act to
countries that are eligible to participate in the Partnership
for Peace and that are eligible for assistance under the
Support for East European Democracy (SEED) Act of 1989.
----------
FOREIGN ASSISTANCE ACT OF 1961
* * * * * * *
PART II
Chapter 1--Policy
* * * * * * *
SEC. 516. AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.
(a) * * *
* * * * * * *
(c) Terms of Transfers.--
(1) * * *
(2) Priority.--Notwithstanding any other provision
of law, the delivery of excess defense articles under
this section to member countries of the North Atlantic
Treaty Organization (NATO) on the southern and
southeastern flank of NATO [and to major non-NATO
allies on such southern and southeastern flank], to
major non-NATO allies on such southern and southeastern
flank, and to the Philippines shall be given priority
to the maximum extent feasible over the delivery of
such excess defense articles to other countries.
* * * * * * *
CHAPTER 9--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
* * * * * * *
SEC. 584. INTERNATIONAL COUNTER-PROLIFERATION EDUCATION AND TRAINING.
(a) General Authority.--The President is authorized to
furnish, on such terms and conditions consistent with this
chapter (but whenever feasible on a reimbursable basis),
education and training to foreign governmental and military
personnel for the purpose of enhancing the nonproliferation and
export control capabilities of such personnel through their
attendance in special courses of instruction in the United
States.
(b) Administration of Courses.--The Secretary of State
shall have overall responsibility for the development and
conduct of international nonproliferation education and
training programs, but may rely upon any of the following
agencies to recommend personnel for the education and training,
and to administer specific courses of instruction:
(1) The Department of Defense (including national
weapons laboratories under contract with the
Department).
(2) The Department of Energy (including national
weapons laboratories under contract with the
Department).
(3) The Department of Commerce.
(4) The intelligence community (as defined in
section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4))).
(5) The United States Customs Service.
(6) The Federal Bureau of Investigation.
(c) Purposes.--Education and training activities conducted
under this section shall be--
(1) of a technical nature, emphasizing techniques
for detecting, deterring, monitoring, interdicting, and
countering proliferation;
(2) designed to encourage effective and mutually
beneficial relations and increased understanding
between the United States and friendly countries; and
(3) designed to improve the ability of friendly
countries to utilize their resources, including defense
articles and defense services obtained by them from the
United States, with maximum effectiveness, thereby
contributing to greater self-reliance by such
countries.
SEC. [584] 585. LIMITATIONS.
The limitations contained in section 573(a) and (d) of this
Act shall apply to this chapter.
SEC. [585] 586. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the President to carry out this chapter
$129,000,000 for fiscal year 2001 and $142,000,000 for fiscal
year 2002.
* * * * * * *
PART III
* * * * * * *
Chapter 3--Miscellaneous Provisions
* * * * * * *
SEC. 656. ANNUAL FOREIGN MILITARY TRAINING REPORT.
(a) Annual Report.--[Not later than January 31 of each
year,] Upon written request by the chairman or ranking member
of the Committee on International Relations of the House of
Representatives or the Committee on Foreign Relations of the
Senate, the Secretary of Defense and the Secretary of State
shall jointly prepare and submit to the appropriate
congressional committees a report on all military training
provided to foreign military personnel of a country specified
in the request by the Department of Defense and the Department
of State during the previous fiscal year and all such training
proposed for the current fiscal year.
* * * * * * *
----------
SECTION 1097 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEARS
1992 AND 1993
[SEC. 1097. ANNUAL REPORT ON THE PROLIFERATION OF MISSILES AND
ESSENTIAL COMPONENTS OF NUCLEAR, BIOLOGICAL, AND
CHEMICAL WEAPONS.
[(a) Report Required.--(1) The President shall submit to
the Committees on Armed Services and Foreign Affairs of the
House of Representatives and the Committees on Armed Services
and Foreign Relations of the Senate an annual report on the
transfer by any country of weapons, technology, or materials
that can be used to deliver, manufacture, or weaponize nuclear,
biological, or chemical weapons (hereinafter in this section
referred to as ``NBC weapons'') to any country other than a
country referred to in subsection (d) that is seeking to
acquire such weapons, technology, or materials, or other system
that the Secretary of Defense has reason to believe could be
used to deliver NBC weapons.
[(2) The first such report shall be submitted not later
than 90 days after the date of the enactment of this Act.
[(b) Matters To Be Covered.--Each such report shall cover--
[(1) the transfer of all aircraft, cruise missiles,
artillery weapons, unguided rockets and multiple rocket
systems, and related bombs, shells, warheads and other
weaponization technology and materials that the
Secretary has reason to believe may be intended for the
delivery of NBC weapons;
[(2) international transfers of MTCR equipment or
technology to any country that is seeking to acquire
such equipment or any other system that the Secretary
has reason to believe may be used to deliver NBC
weapons; and
[(3) the transfer of technology, test equipment,
radioactive materials, feedstocks and cultures, and all
other specialized materials that the Secretary has
reason to believe could be used to manufacture NBC
weapons.
[(c) Content of Report.--Each such report shall include the
following:
[(1) The status of missile, aircraft, and other
weapons delivery and weaponization programs in any such
country, including efforts by such country to acquire
MTCR equipment, NBC-capable aircraft, or any other
weapon or major weapon component which is dedicated to
the delivery of NBC weapons, whose primary use is the
delivery of NBC weapons, or that the Secretary has
reason to believe could be used to deliver NBC weapons.
[(2) The status of NBC weapons development,
manufacture, and deployment programs in any such
country, including efforts to acquire essential test
equipment, manufacturing equipment and technology,
weaponization equipment and technology, and radioactive
material, feedstocks or components of feedstocks, and
biological cultures and toxins.
[(3) A description of assistance provided by any
person or government, after the date of the enactment
of this Act, to any such country in the development
of--
[(A) missile systems, as defined in the
MTCR or that the Secretary has reason to
believe may be used to deliver NBC weapons;
[(B) aircraft and other delivery systems
and weapons that the Secretary has reason to
believe could be used to deliver NBC weapons;
and
[(C) NBC weapons.
[(4) A listing of those persons and countries which
continue to provide such equipment or technology
described in paragraph (3) to any country as of the
date of submission of the report.
[(5) A description of the diplomatic measures that
the United States, and that other adherents to the MTCR
and other agreements affecting the acquisition and
delivery of NBC weapons, have made with respect to
activities and private persons and governments
suspected of violating the MTCR and such other
agreements.
[(6) An analysis of the effectiveness of the
regulatory and enforcement regimes of the United States
and other countries that adhere to the MTCR and other
agreements affecting the acquisition and delivery of
NBC weapons in controlling the export of MTCR and other
NBC weapons and delivery system equipment or
technology.
[(7) A summary of advisory opinions issued under
section 11B(b)(4) of the Export Administration Act of
1979 (50 U.S.C. App. 2401b(b)(4)) and under section
73(d) of the Arms Export Control Act (22 U.S.C.
2797b(d)) .
[(8) An explanation of United States policy
regarding the transfer of MTCR equipment or technology
to foreign missile programs, including programs
involving launches of space vehicles.
[(d) Exclusions.--The countries excluded under subsection
(a) are Australia, Belgium, Canada, Denmark, the Federal
Republic of Germany, France, Greece, Iceland, Israel, Italy,
Japan, Luxembourg, the Netherlands, Norway, Portugal, Spain,
Turkey, the United Kingdom, and the United States.
[(e) Classification of Report.--The President shall make
every effort to submit all of the information required by this
section in unclassified form. Whenever the President submits
any such information in classified form, he shall submit such
classified information in an addendum and shall also submit
concurrently a detailed summary, in unclassified form, of that
classified information.
[(f) Definitions.--For purposes of this section:
[(1) The terms ``missile'', ``MTCR'', and ``MTCR
equipment or technology'' have the meanings given those
terms in section 74 of the Arms Export Control Act (22
U.S.C. 2797c).
[(2) The term ``weaponize'' or ``weaponization''
means to incorporate into, or the incorporation into,
usable ordnance or other militarily useful means of
delivery.
[(g) Repeal of Superseded Law.--Section 1704 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101-510; 104 Stat. 1749; 22 U.S.C. 2797) is repealed.]
----------
SECTION 308 OF THE CHEMICAL AND BIOLOGICAL WEAPONS CONTROL AND WARFARE
ELIMINATION ACT OF 1991
[SEC. 308. PRESIDENTIAL REPORTING REQUIREMENTS.
[(a) Reports to Congress.--Not later than 90 days after the
date of the enactment of this title, and every 12 months
thereafter, the President shall transmit to the Congress a
report which shall include--
[(1) a description of the actions taken to carry
out this title, including the amendments made by this
title;
[(2) a description of the current efforts of
foreign countries and subnational groups to acquire
equipment, materials, or technology to develop,
produce, or use chemical or biological weapons,
together with an assessment of the current and likely
future capabilities of such countries and groups to
develop, produce, stockpile, deliver, transfer, or use
such weapons;
[(3) a description of--
[(A) the use of chemical weapons by foreign
countries in violation of international law,
[(B) the use of chemical weapons by
subnational groups,
[(C) substantial preparations by foreign
countries and subnational groups to do so, and
[(D) the development, production,
stockpiling, or use of biological weapons by
foreign countries and subnational groups; and
[(4) a description of the extent to which foreign
persons or governments have knowingly and materially
assisted third countries or subnational groups to
acquire equipment, material, or technology intended to
develop, produce, or use chemical or biological
weapons.
[(b) Protection of Classified Information.--To the extent
practicable, reports submitted under subsection (a) or any
other provision of this title should be based on unclassified
information. Portions of such reports may be classified.]
----------
SECTION 1607 OF THE IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992
SEC. 1607. REPORTING REQUIREMENT.
[(a) Annual Report.--Beginning one year after the date of
the enactment of this Act, and every 12 months thereafter, the
President shall submit to the Committees on Armed Services and
Foreign Relations of the Senate and the Committees on Armed
Services and Foreign Affairs of the House of Representatives a
report detailing--
[(1) all transfers or retransfers made by any
person or foreign government during the preceding 12-
month period which are subject to any sanction under
this title; and
[(2) the actions the President intends to undertake
or has undertaken pursuant to this title with respect
to each such transfer.]
* * * * * * *
----------
SECTION 585 OF THE FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 1997
north korea
Sec. 585. Ninety days after the date of enactment of this
Act, and every 180 days thereafter, the Secretary of State, in
consultation with the Secretary of Defense, shall provide a
report in a classified or unclassified form to the Committee on
Appropriations including the following information:
(a) a best estimate on fuel used by the military
forces of the Democratic People's Republic of Korea
(DPRK);
(b) the deployment position and military training
and activities of the DPRK forces and best estimate of
the associated costs of these activities; and
(c) steps taken to reduce the DPRK level of
forces[; and].
[(d) cooperation, training, or exchanges of
information, technology or personnel between the DPRK
and any other nation supporting the development or
deployment of a ballistic missile capability.]
----------
TITLE 13, UNITED STATES CODE
* * * * * * *
CHAPTER 9--COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE
STATISTICS
Sec.
301. Collection and publication.
* * * * * * *
[305. Violations, penalties.]
305. Penalties for unlawful export information activities.
* * * * * * *
Sec. 303. Secretary of Treasury functions
To assist the Secretary to carry out the provisions of
this chapter, the Secretary of the Treasury shall collect
information in the form and manner prescribed by the
regulations issued pursuant to this chapter from persons
engaged in foreign commerce or trade[, other than by mail,] and
from the owners or operators of carriers.
Sec. 304. Filing export information, delayed filings, penalties for
failure to file
(a) The information or reports in connection with the
exportation or transportation of cargo required to be filed by
carriers with the Secretary of the Treasury under any rule,
regulation, or order issued pursuant to this chapter may be
filed after the departure of such carrier from the port or
place of exportation or transportation, whether such departing
carrier is destined directly to a foreign port or place or to a
noncontiguous area, or proceeds by way of other ports or places
of the United States, provided that a bond in an approved form
in [the penal sum of $1,000] a penal sum of $10,000 is filed
with the Secretary of the Treasury. The Secretary of Commerce
may, by a rule, regulation, or order issued in conformity
herewith, prescribe a maximum period after such departure
during which the required information or reports may be filed.
In the event any such information or report is not filed within
such prescribed period, [a penalty not to exceed $100 for each
day's delinquency beyond the prescribed period, but not more
than $1,000, shall be exacted] the Secretary of Commerce (and
officers and employees of the Department of Commerce designated
by the Secretary) may impose a civil penalty not to exceed
$1,000 for each day's delinquency beyond the prescribed period,
but not more than $10,000 per violation. Civil suit may be
instituted in the name of the United States against the
principal and surety for the recovery of any penalties that may
accrue and be exacted in accordance with the terms of the bond.
(b) Any person, other that a person described in
subsection (a), required to submit export information, shall
file such information in accordance with any rule, regulation,
or order issued pursuant to this chapter. In the event any such
information or reports are not filed within such prescribed
period, the Secretary of Commerce (and officers and employees
of the Department of Commerce designated by the Secretary) may
impose a civil penalty not to exceed $1,000 for each day's
delinquency beyond the prescribed period, but not more than
$10,000 per violation.
[(b)] (c) The Secretary may remit or mitigate any penalty
incurred for violations of this section and regulations issued
pursuant thereto if, in his opinion, they were incurred without
willful negligence or fraud, or other circumstances justify a
remission or mitigation.
[Sec. 305. Violations, penalties
[Any person, including the owners or operators of
carriers, violating the provisions of this chapter, or any
rule, regulation, or order issued thereunder, except as
provided in section 304 above, shall be liable to a penalty not
to exceed $1,000 in addition to any other penalty imposed by
law. The amount of any such penalty shall be payable into the
Treasury of the United States and shall be recoverable in a
civil suit in the name of the United States.]
Sec. 305. Penalties for unlawful export information activities
(a) Criminal Penalties.--(1) Any person who knowingly fails
to file or knowingly submits false or misleading export
information through the Shippers Export Declaration (SED) (or
any successor document) or the Automated Export System (AES)
shall be subject to a fine not to exceed $10,000 per violation
or imprisonment for not more than 5 years, or both.
(2) Any person who knowingly reports any information on or
uses the SED or the AES to further any illegal activity shall
be subject to a fine not to exceed $10,000 per violation or
imprisonment for not more than 5 years, or both.
(3) Any person who is convicted under this subsection
shall, in addition to any other penalty, forfeit to the United
States--
(A) any of that person's interest in, security of,
claim against, or property or contractual rights of any
kind in the goods or tangible items that were the
subject of the violation;
(B) any of that person's interest in, security of,
claim against, or property or contractual rights of any
kind in tangible property that was used in the export
or attempt to export that was the subject of the
violation; and
(C) any of that person's property constituting, or
derived from, any proceeds obtained directly or
indirectly as a result of the violation.
(b) Civil Penalties.--The Secretary (and officers and
employees of the Department of Commerce specifically designated
by the Secretary) may impose a civil penalty not to exceed
$10,000 per violation on any person violating the provisions of
this chapter or any rule, regulation, or order issued
thereunder, except as provided in section 304. Such penalty may
be in addition to any other penalty imposed by law.
(c) Civil Penalty Procedure.--(1) When a civil penalty is
sought for a violation of this section or of section 304, the
charged party is entitled to receive a formal complaint
specifying the charges and, at his or her request, to contest
the charges in a hearing before an administrative law judge.
Any such hearing shall be conducted in accordance with sections
556 and 557 of title 5, United States Code.
(2) If any person fails to pay a civil penalty imposed
under this chapter, the Secretary may ask the Attorney General
to commence a civil action in an appropriate district court of
the United States to recover the amount imposed (plus interest
at currently prevailing rates from the date of the final
order). No such action may be commenced more than 5 years after
the order imposing the civil penalty becomes final. In such
action, the validity, amount, and appropriateness of such
penalty shall not be subject to review.
(3) The Secretary may remit or mitigate any penalties
imposed under paragraph (1) if, in his or her opinion--
(A) the penalties were incurred without willful
negligence or fraud; or
(B) other circumstances exist that justify a
remission or mitigation.
(4) If, pursuant to section 306, the Secretary delegates
functions under this section to another agency, the provisions
of law of that agency relating to penalty assessment, remission
or mitigation of such penalties, collection of such penalties,
and limitations of actions and compromise of claims, shall
apply.
(5) Any amount paid in satisfaction of a civil penalty
imposed under this section or section 304 shall be deposited
into the general fund of the Treasury and credited as
miscellaneous receipts.
(d) Enforcement.--(1) The Secretary of Commerce may
designate officers or employees of the Office of Export
Enforcement to conduct investigations pursuant to this chapter.
In conducting such investigations, those officers or employees
may, to the extent necessary or appropriate to the enforcement
of this chapter, exercise such authorities as are conferred
upon them by other laws of the United States, subject to
policies and procedures approved by the Attorney General.
(2) The Commissioner of Customs may designate officers or
employees of the Customs Service to enforce the provisions of
this chapter, or to conduct investigations pursuant to this
chapter.
(e) Regulations.--The Secretary of Commerce shall
promulgate regulations for the implementation and enforcement
of this section.
(f) Exemption.--The criminal fines provided for in this
section are exempt from the provisions of section 3571 of title
18, United States Code.
* * * * * * *
Additional Views on Sections 131-33 (Regarding Foreign Organizations
That Perform and Promote Abortions)
We strongly support this legislation, which will provide
the necessary resources and authorities for a strong United
States foreign policy for the 21st century. However, we
strongly oppose sections 131-33, which are misnamed the
``Global Democracy Promotion Act,'' and which were inserted
into the bill by a close vote at the Committee markup. These
provisions would sharply restrict the President's authority to
set reasonable terms and conditions on the distribution of
United States foreign assistance. They are specifically
designed to overturn the pro-life ``Mexico City Policy,'' which
erects a wall of separation between United States family
planning programs and the international abortion industry.
In the first place, we observe that general provisions on
foreign assistance have no place in this legislation. This is a
foreign relations authorization act, not a foreign aid bill.
Moreover, even aside from their irrelevance to the subject
matter of the bill into which it has been inserted, these
provisions are profoundly objectionable.
Abortion advocates assert that the Mexico City Policy is a
``gag rule'' that violates the right to free speech. But even
if U.S. constitutional provisions applied to foreign
organizations doing business on foreign soil, the first
amendment right to free speech would not give these
organizations a right to receive Federal tax dollars.
Organizations that represent the United States in foreign
countries are analogous to our ambassadors. Their advocacy in
these countries on issues closely related to the U.S. programs
they administer (as well as their other activities, such as the
actual performance of abortions) is highly relevant to whether
they can effectively administer these programs.
Specifically, among the most important stated purposes of
U.S. family planning programs overseas is to reduce the number
of abortions by providing contraception instead. The U.S. has
no obligation to administer these programs through agents who
fundamentally disagree with this goal. For the same reasons
that we would not hire casino lobbyists to run an international
anti-gambling campaign, or a distillery to run an anti-alcohol
campaign, it makes no sense to hire abortionists or abortion
lobbyists to run programs that are aimed at reducing abortions.
Opponents of the Mexico City Policy also argue that U.S.
family planning grantees should be allowed to perform and
promote abortion so long their abortion-related activities were
carried out with ``their own'' money rather than the U.S. grant
money. But this is nothing more than a bookkeeping trick. It
ignores the fact that money is fungible, and that when we
subsidize an organization we inevitably enrich and empower all
of its activities. We also enhance the domestic and
international prestige of the organization by giving it an
official U.S. seal of approval.
Proponents of these provisions also claim that the Mexico
City policy is not just anti-abortion, but also anti-family
planning. But let us be clear on this: the Mexico City Policy
does not weaken international family planning programs. It does
not take a penny away from the $425 million the Administration
has requested for population assistance around the world. On
the contrary, it strengthens these programs, by ensuring that
U.S. funds are directed to those groups that provide family
planning--which is something entirely distinct from abortion--
but do not perform or promote abortion as a method of birth
control.
Finally, the most outrageous claim made by proponents of
these provisions is that the Mexico City Policy will somehow
interfere with efforts to address the HIV/AIDS epidemic. On the
contrary, the United States currently spends over a half-
billion dollars per year on fighting AIDS ($482.5 million in
direct U.S. expenditures in FY 2001, plus many millions more in
contributions to organizations such as the World Health
Organization and the United Nations Development Program, which
conduct their own anti-AIDS programs). The Mexico City Policy
has absolutely no application to this half-billion dollars. It
applies only to international population assistance. The
proponents of the anti-Mexico City Policy provisions contend
that this population assistance has an incidental effect of
reducing exposure to the HIV virus, because certain
contraceptive devices provide some protection from infection.
Again, however, this argument misses the whole point of the
Mexico City Policy. The policy does not reduce population
assistance by one penny. With or without the Mexico City
Policy, the same amount of money may lawfully be spent on
contraceptive devices, and the same number of devices
distributed. The only difference is whether we fund
abortionists or non-abortionists to distribute them. Throughout
our government's long experience with implementation of the
Mexico City Policy (1984 through January 1993, and again in
fiscal year 2001) there have always been hundreds of highly
qualified non-governmental organizations around the world
willing and able to administer U.S. programs. These
organizations are in the business of family planning, not
abortion. So the claim that requiring the President to fund
abortionists is necessary to eradicate AIDS is demonstrably
false.
For all these reasons, we intend to offer an amendment
during floor consideration of this bill that will strike these
misleading provisions and thereby preserve the President's
authority to impose reasonable terms and conditions on the
distribution of United States population assistance. The
adoption of such an amendment will greatly strengthen the
legislation.
Henry J. Hyde.
Christopher H. Smith.
Ileana Ros-Lehtinen.
Peter T. King.
Richard Burr.
Thomas G. Tancredo.
Joseph R. Pitts.
Eric Cantor.
Jeff Flake.
Jo Ann Davis.
Additional Views in Opposition to Kyoto Amendment, Section 738 of Title
VII
We strongly support H.R. 1646 and the resources and
authorities to carry out a strong foreign policy of the United
States. However, we strongly oppose section 738 of title VII
which was inserted into this legislation by a close vote of the
Committee on International Relations.
In the 1970's, the Eighth Annual Report of the Council on
Environmental Quality stated that the ``Global CO2 problem is
an issue which must be addressed in terms of its relevance to
national energy policies.'' That statement is as true today as
it was then. Yet until this year, no Administration has sought
to address the issue of global climate change in the context of
its relevance to U.S. energy policy. Our 43rd President, George
W. Bush, to his credit, recognized this important connection
and his Administration is engaged in a two-pronged effort to
develop a viable energy policy and to seek ways to address
climate change. We support that approach and look forward to
the results of that effort later this year.
For the Congress, climate change is hardly a new issue. In
1978, Congress enacted the National Climate Program Act, which
said that our country ``lacks a well-defined and coordinated
program in climate-related research, monitoring, and assessment
of effects and information utilization.'' Nearly a decade later
the Global Climate Protection Act of 1987 was passed that set
``Goals of United States Policy,'' which included increasing
``worldwide understanding of the greenhouse effect and its
environmental and health consequences'' and fostering
``cooperation among nations to develop more extensive and
coordinated scientific research efforts with respect to the
greenhouse effect.'' Under that law, a joint Environmental
Protection Agency-State Department report was sent in the early
1990's to Congress that stressed the global nature of climate
change and greenhouse gas emissions and called for
``international consensus'' and a ``comprehensive'' approach to
``addressing potential climate change.''
Internationally, the United Nations and the World
Meteorological Organization in 1988 convened a new organization
called the ``Intergovernmental Panel on Climate Change''
(IPCC). The IPCC is composed of government representatives, who
have established working groups composed of scientists,
engineers, analysts and other experts. They do not do original
research. Rather, they author 1,000 page and longer assessment
reports on climate science, impacts and mitigation based on
published and unpublished literature, not all of which is peer
reviewed.
Those reports include a shorter ``Summary for
Policymakers'' (SPMs) that is really a political document
negotiated and adopted by government representatives line-by-
line pursuant to IPCC procedures that were revised in 1999 by
the IPCC, not the scientists. In short, it is the experts that
``own'' the Assessment Reports and the government
representatives--many of whom are also negotiating the
Protocol--and the Chairman of the IPCC who ``own'' the SPMs.
Also, internationally, the U.S. ratified in 1992 the Framework
Convention on Climate Change (FCCC), which set forth in Article
4 an ``aim,'' not a mandate, to stabilize greenhouse gas
emissions by 2000 in industrialized countries, such as the U.S.
As we all know, 2000 has come and gone and, except for the U.K.
and Germany which have special, one-time circumstances, no
industrialized Party to the Convention could achieve that
``aim'' by 2000.
The Constitution gives the Senate both a ``consent'' and
``advice'' role in treaty matters, although the Executive
Branch rarely seeks such advice. Nevertheless, in early 1997
Senators Byrd and Hagel introduced S. Res. 98 with over 60
bipartisan co-sponsors, remembering that when the Convention
was before the Senate in 1992, the Administration agreed that
any further instrument for targets and timetables would have to
receive advice and consent to ratification from the Senate. The
resolution forewarned the Administration not to sign an
agreement that would (1) cause serious harm to the U.S.
economy, or (2) that did not include all countries that were
Parties to the Convention.
Despite the fact that Byrd-Hagel resolution passed the
Senate in July 1997 by a vote of 95-0, the Clinton
Administration did not heed that unanimous Senate advice.
Instead, Vice President Gore went to Kyoto during the third
U.N. conference and instructed the U.S. delegation to ``show
increased flexibility.'' Thereafter, in the wee hours of the
morning of the eleventh day, the Kyoto Protocol was born and
about a year later it was signed by the Clinton Administration.
As to the first principle of S. Res. 98, the Protocol
``scheduled'' commitments to reduce greenhouse gases applies
only to the U.S. and other developed countries and not as we
have noted, now or in the future to greenhouse gas emissions of
developing countries, like Brazil, India, South Korea, and
China. In the case of the second principle ``do no serious
economic harm in the U.S.,'' the U.S. delegation agreed to a
target and schedule for achieving it that will require the U.S.
to reduce emissions of over 30 percent by 2012 from 1990
levels, which was a recession year in this country. Worst of
all, the Convention Parties left all the details on flexibility
in achieving the target at least cost to future sessions of the
Parties to negotiate.
How harmful would this Protocol be? We can look at a very
current and relevant example. This year and last Americans are
facing very high oil and gasoline prices, as well as higher
natural gas and heating oil prices.
The high gas prices last year caused such a consumer
outrage that they have led to Federal investigations amid
congressional inquires. But they are nothing compared to what
Americans would endure under the Kyoto Protocol.
The Clinton Administration's own Energy Information Agency
estimated that implementing the Kyoto Protocol would give us an
increase in gasoline prices of over 70 cents per gallon. But
unlike the current price fluctuations, the Kyoto fuel price
increases would be permanent and would continue to grow.
High energy prices don't just effect American consumers.
They would drive many American agricultural producers,
manufacturing and transportation companies right out of
business or out of the country.
Independent economic studies placed the job losses caused
by the Kyoto Protocol in the millions.
And for what? The Kyoto Protocol has no hope of achieving
its stated goal. How can it reduce global greenhouse gas
emissions when it excludes more than 130 nations? Nations such
as China, India, Mexico, South Korea--all of whom are already
among the world's largest producers of man-made greenhouse
gases.
Now nearly 4 years later and less than 7 years before the
start of the first commitment period, only 34 countries have
ratified the Protocol of which only one, Romania, is a
developed country. Most importantly, the details still remain
unresolved.
They include a package of issues on implementation not only
of the unfinished Protocol, but also the Convention. Included
in them is a proposal for an annual $1 billion contribution,
beginning 2005 by developed nations to a fund for developing
nations, with the U.S. paying half under an April draft paper
by the Convention's current President, Jan Pronk of the
Netherlands. That proposal, to our knowledge, has never been
considered by the International Relations Committee or other
Committees of jurisdiction in Congress.
President Bush has made his intention clear that the U.S.
will not become a party to the Protocol as it now stands. In a
March 13 letter to several Senators, he wrote:
As you know, I oppose the Kyoto Protocol because it
exempts 80 percent of the world, including major
population centers such as China and India, from
compliance, and would cause serious harm to the U.S.
economy. The Senate's vote, 95-0, shows that there is a
clear consensus that the Kyoto Protocol is an unfair
and ineffective means of addressing global climate
change concerns.
At the same time, the President said that he takes the
climate change issue seriously and is working on how to address
the issue in a ``better way.''
We realize, of course, that some of our friends in other
countries are not happy with the President's position and some
have suggested that the U.S. should not participate in the
resumed COP-6 process. However, that process, as we said,
includes implementation of proposals for money contributions
under provisions of Article 4 of the Convention, not the
Protocol. All of the COP and subsidiary body sessions are under
the Convention. As a Party, the U.S. has a vital interest and a
vote. It must participate and to the extent that the Menendez
resolution calls for such participation there is no
disagreement.
As we examine the proposed ``Sense of Congress'' subsection
(b) of section 788, we find nothing in it that is inconsistent
with the above two principles of S. Res. 98 or with the
President's letter of March 13 to several Senators. It does not
expressly support the Protocol or even suggest that the
President should not oppose it for the reasons he stated.
As we understand it, subsection (b) is really in two parts.
The first appears to be aimed at not the Convention or Protocol
activities, but at what the United States might do domestically
regarding greenhouse gas emissions in this country, which is
really not appropriate for a State Department authorization
bill. It calls for ``responsible action'' regarding such gases,
without explaining what that ``action'' should be, what it will
cost, what its impact will have on energy supply and price, how
or when it will be carried out, who should undertake such
action, whether it should be voluntary or regulatory, or what,
if any, benefit it will have from the standpoint of ``global
climate,'' as that term is defined in the Convention.
The second merely states that the U.S. ``should'' continue
to ``participate in international negotiations,'' which, as we
understand President Bush's recent interview with the
Washington Post in the Oval Office (see p. A22, Washington Post
edition of 4/25/01), is what he intends when the sixth session
of the Conference of the Parties (COP-6) reconvenes in July in
Germany. He said we should ``work together to come up with a
better protocol, a better way, and we will.''
This part of the subsection goes on to say that such
participation will have an ``objective of ``completing the
rules and guidelines of the Kyoto Protocol in a manner that is
consistent with the interests of the United States and that
ensures the environment integrity of the protocol.''
Presumably, the authors are not suggesting that objective is
the only one involved in the negotiations, because the COP-6
agenda calls for implementation of the Buenos Aires Plan of
Action. That FCCC document calls for completion of a
``package'' of issues involving the Protocol and the Convention
and all Parties, including the Clinton Administration, want to
resolve the entire package, not just the Protocol issues.
As to the ``interests of the United States,'' they are
encompassed in the two principles of S. Res. 98 and the
Protocol is not ``consistent'' with either.
As to the issue of environmental integrity, the Protocol
has none because, contrary to S. Res. 98, it is not global. The
developing countries, i.e., China, have no commitments and the
issue is not even on the agenda for discussion at COP-6.
This sense of Congress section of H.R. 1646 which, unlike
S. Res. 98, was adopted by a bare majority of the Committee
(23-20), is vague, unnecessary and inappropriate. We presume
that the President will not pay attention to it and he should
not. Instead, he should follow the course he started and we
support him. It should not be adopted by the House.
Accordingly, we intend to offer an amendment during floor
consideration of this bill that will strike section 738 of
title VII.
Henry J. Hyde. Thomas G. Tancredo.
Dan Burton. Ron Paul.
Ileana Ros-Lehtinen. Nick Smith.
Cass Ballenger. Joseph R. Pitts.
Dana Rohrabacher. Darrell E. Issa.
Peter T. King. Eric Cantor.
Richard Burr. Jeff Flake.
John Cooksey. Jo Ann Davis.
Additional Views in Opposition to U.S. Efforts to Rejoin UNESCO
The adoption of the Leach amendment by a vote 23 to 14
authorizing $60 million in each of the Fiscal Years 2002 and
2003 for the U.S. to rejoin the United Nations Educational,
Scientific, and Cultural Organization (UNESCO) is, in our view,
unwise and unwarranted. In addition to serious funding
restraints on our ability to rejoin UNESCO, several policies
and priorities of this organization appear to be at variance
with our foreign policy objectives.
While the Director General of UNESCO, Mr. Koichiro
Matsuura, has instituted a number of policy reforms and
measures leading to staff reductions and greater
accountability, he has admitted that our concerns over
continued bad management are legitimate. There are a number of
critics who question whether the organization has yet to put in
place clear objectives or priorities. David Malone, the former
president of the International Peace Academy in New York and a
former Canadian Foreign Ministry official in charge of his
country's relations with international organizations, is
skeptical about the prospects for reform by the new Director
General. In his view, Mr. Matsuura faces an uphill battle in
turning around an organization which is deeply scarred.
``The problem of UNESCO is that successive heads have
turned it into a personal patronage machine, neglecting
programs and bloating the staffing,'' Mr. Malone said. ``We
used to all know what the UNESCO objectives were. Now nobody
knows what UNESCO does beyond the World Heritage sites . . .
and whoever consults UNESCO on science now?''
An article from the New York Times from March of last year
reported that the new Director-General plans to use millions of
dollars of his organization's funds to help restore colonial
Havana. It is not at all clear why we should be rejoining an
organization which is promoting tourism in Cuba and in the
process helping to provide hard currency to one of the worst
human rights violators in the world.
According to an independent audit by the Canadian
government, UNESCO rarely evaluates the cost effectiveness of
its programs or sets specific objectives. With an annual budget
of close to $400 million, its new age program includes
initiatives such as ``Presenting and Revitalizing our
Intangible Heritage'' and ``Planet Society, a Worldwide
Exchange Network for a New Art of Living on Earth.''
One of the salient arguments from the proponents of this
amendment appears to be based on the principle that the U.S.
should be a member of every major organization of the United
Nations. But why should this be the case? If we really had an
extra $60-$65 million in additional resources to spend on
international organizations, why not direct it to organizations
such as the UNICEF or the U.N. High Commissioner for Refugees?
Finally, the U.S. now gives $2-$3 million annually to
UNESCO in voluntary contributions to cover projects we believe
to be worthwhile. If we were to rejoin, we would be obliged to
fund the good and the bad projects alike.
We would urge all our colleagues in the House to reconsider
this decision and to ensure that our contributions to
international organizations are spent in ways that clearly
advance our national interests and promote our foreign policy
objectives.
Henry J. Hyde.
Benjamin A. Gilman.
Christopher H. Smith.
Dan Burton.
Ileana Ros-Lehtinen.
Peter T. King.
Steve Chabot.
Thomas G. Tancredo.
Joseph R. Pitts.
Eric Cantor.
Jeff Flake.
Brian D. Kerns.
Jo Ann Davis.
Additional Views on Sections 131-133 (The Global Democracy Promotion
Act of 2001)
We commend the Chairman and my colleagues on the Committee
for their work on this bill.
The Global Democracy Promotion Act of 2001 overturns the
President's January Executive Memorandum reimposing the Mexico
City Policy or the global gag rule. This memorandum strips
foreign NGOs that implement U.S. population program overseas of
their autonomy and their rights to free speech. The President's
memorandum prohibits foreign NGO's from using their own non-
U.S. monies to offer abortion services in countries where
abortion is legal, to counsel women regarding all of their
legal options and provide referrals for those services, or to
advocate in their own countries for more humane abortion laws.
If a similar prohibition were applied to U.S. citizens, it
would be unconstitutional.
U.S. Does Not Fund Abortion
Let us be clear: U.S. tax payers' dollars do not pay for
abortion. It is prohibited by law and has been since 1973. We
find it disturbing that the proponents of the Mexico City
Policy continue to misstate this fact: The United States does
not fund abortions overseas nor does it fund abortion-related
advocacy.
Family Planning Programs Overseas Deserve Our Steadfast Support.
Promoting democracy and nurturing economic growth are the
fundamental building blocks of U.S. foreign policy. Key to
achieving either of those is reducing poverty. And key to
reducing poverty is working with women to make choices about
their own physical, emotional, and economic well being, and to
ensure that women have the option of taking full advantage of
the political, educational, economic opportunities available to
them. In short, the key is to enable women to make decisions
about the course of their own lives and resources.
Few development programs have made as significant an impact
on poverty reduction as family planning. Access to voluntary
and quality family planning changes everything because the
benefits of family planning programs reach all levels of
society--the individual, the family, the community, the nation.
A mother's well being has a direct impact on her children's
well being. If a mother suffers from ill health, her infant
will have a difficult start. Every year millions of women and
children die as a result of births that are too close together,
too early, or too late in a woman's life. Access to family
planning can prevent early, high risk pregnancies, avoid
unintended pregnancies and unsafe pregnancies, allow women to
space their children, and stop bearing children when they have
reached their reproductive goals. With access to family
planning women, their children, and entire families can enjoy
improved health and take advantage of opportunities to improve
their overall quality of life.
In addition, in many developing countries, population
growth contributes to intensified environmental problems
including air pollution, water quality and quantity,
deforestation, the loss of wildlife habitat, and further
stresses our already finite natural resources. By helping women
to plan the size of their families, international family
planning programs advance many vital U.S. foreign policy
interests: improving the health and status of women, protecting
the global environment, and promoting sustainable development
which stabilizes communities in nations.
Reality In the Developing World
Reproductive health here in the U.S. is hygienic, readily
available, and taken for granted. In developing countries it is
more often a matter of life and death. For a woman in some
developing countries, pregnancy can be a death sentence. Local
clinics are often the only source of health care available and
can be several hours walk away. Unfortunately, even today
services and supplies are often limited at these clinics. The
reality is that in the developing world, 600,000 women a year
die due to maternal mortality. Sixty percent of those
pregnancies are unintended. Many of these deaths are due to
unsafe abortions.
Prevention Of Abortion
The memorandum was reissued with the proposed intention of
prevention abortions, but Gag Rule and other similar
restrictions do nothing to reduce the incidence of abortion. In
fact, while the Global Gag Rule was in place in the 1980's and
early 1990's there is absolutely no evidence that it ever had
its intended effect of reducing abortion.
Family planning, not restrictive policies, is the most
reasonable, economical, and successful means of reducing the
frequency of abortion anywhere. The Global Gag rule will do
nothing to make abortions more rare. In fact, it will only make
abortions less safe.
When these restrictions were first imposed in the 1980's,
medical personnel around the world were not informed about what
services they could provide. Fears of losing desperately needed
family-planning funds, or simply running awry of the U.S.
government, led some providers to refuse to treat women with
severe complications or infection resulting from unsafe
abortions. While President Bush's statements were clear that
post abortion care is still permissible, the same fears from a
decade ago are reappearing. Women's health and lives will again
be in jeopardy.
Democracy
The Mexico City policy imposes new restrictions on free
speech. It denies the right of foreign non-governmental
organizations to simply talk about abortion, whether it is to
provide counseling or referral services or to lobby or advocate
on behalf of abortion rights even when it is legal in that
country to do so. (Interestingly, President Bush's Mexico City
Policy does not contain a restriction for organizations that
lobby against abortion.)
In effect, the Global Gag Rule makes democracy off limits
for our foreign partners involved in the provision of family
planning services by denying them vital resources for family
planning. Freedom of speech is a cherished right in this
country, one of the cornerstones of our democracy and is
enshrined in the U.S. Constitution. It is a fundamental liberty
which is essential to our identity as Americans.
We would not stand for someone imposing such restrictions
on speech in our own country. In fact, a similar law would be
deemed unconstitutional in the United States if applied to US
organizations.
We cannot talk about promotion of democracy and human
rights as the core values of our nation and the cornerstone of
our foreign policy on the one hand and undermine these very
principles with the policies we implement.
A Violation of Medical Ethics
The Global Gag Rule also interferes in the provider/patient
relationship by undermining a health care provider's ability to
provide patients with the full range of reproductive health
care options available to them. Under the restrictions it is
only allowed in cases of threats to the life of the woman,
rape, or incest. And then only if four very specific and
outrageous conditions are met. This is particularly offensive
in countries where abortion is permitted more broadly. The US
government is ensuring that women in developing countries whose
only access to health care is through USAID funded clinics will
almost never be able to receive the full information entitled
to them by their own country laws. This restriction further
undermines trust between health care providers around the world
and their clients. For these reasons, a similar policy was
vigorously opposed--and ultimately defeated--by a unified
medical professional community led by the American Medical
Association and American College of Obstetricians-Gynecologists
in 1991.
HIV/AIDS and Other Infectious Diseases
Due to lack of adequate infrastructure and lack of access
to health services in many developing countries, particularly
in sub-Saharan Africa, family planning clinics often double as
primary health care facilities and provide multiple services
including HIV/AIDS education, testing and treatment. For many
women in developing countries, these clinics serve as the only
point of contact with the health system. By restricting funds
to these clinics, the Mexico City Policy also hinders the fight
against HIV/AIDS.
Global Democracy Promotion Act
The Global Democracy Promotion Act of 2001, by contrast,
reflects and promotes what we as Americans broadly support and
defend here at home as well as abroad. This Act, based on H.R.
755, introduced by Representative Lowey earlier this year, is
very simple. It promotes democratic values by getting out of
the way of the desire and ability of foreign NGOs to use their
own funds to communicate with their own governments about their
own laws. It does not penalize them, as the global gag rule
does, for doing so.
It also does not disqualify overseas groups from
eligibility for U.S. family planning aid just because they
comply with standard medical ethical practice of providing
pregnant women with full and accurate information about their
pregnancy options. Further, it does not disqualify them from
U.S. assistance because they provide legal medical services,
including abortion services, with their own funds.
We believe that this is the right approach for
international family planning, not the misguided Mexico City
Policy.
Tom Lantos.
Howard L. Berman.
Gary Ackerman.
Barbara Lee.
Joseph Crowley.